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National implementation of international humanitarian law

Biannual update on national legislation and case law July–December 2008

Published online by Cambridge University Press:  10 September 2009

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Type
Reports and documents
Information
International Review of the Red Cross , Volume 91 , Issue 873: Typology of armed conflicts , March 2009 , pp. 185 - 198
Copyright
Copyright © International Committee of the Red Cross 2009

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References

1 Cluster Munitions and Anti-Personnel Mines Act 2008, No. 20 of 2008, entered into force on 2 December 2008.

2 Amendment to the General Civil Penal Code, LOV-2005-05-20-28, entered into force on 7 March 2008.

3 Prohibition or Restriction of Certain Conventional Weapons Act No. 18 of 2008, was adopted on 13 October 2008. The Act shall enter into force upon publication of its regulations.

4 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, 10 October 1980.

5 Article 3(2) of the Act.

6 S. 2135, ‘An Act to prohibit the recruitment or use of child soldiers, to designate persons who recruit or use child soldiers as inadmissible aliens, to allow the deportation of persons who recruit or use child soldiers, and for other purposes’, passed by the House of Representatives on 8 September 2008, and signed by President George W. Bush on 3 October 2008.

7 No. 11/2008/QH12, passed by the National Assembly Legislature XIIth, Session 3, on 3 June 2008.

8 Although the National Committee is fully operational, legal basis for its creation has not been established yet and should be forthcoming in 2009.

9 Decree 2.07.231, published in the official gazette Al-Jarida Al-Rasmiya, issue 5646 on 10 July 2008.

10 The Committee was constituted by Cabinet Order No. MOJ/7/14/1.

11 Court of Bosnia and Herzegovina, case of Vrdoljak Ivica for the criminal offence of crimes against civilians, Case No. X-KRZ-08/488, July 10 2008.

12 Court of Bosnia and Herzegovina, case of Andrun Nikola for the criminal offence of war crimes against civilians, Case No. X-KRZ-05/42, 19 August 2008.

13 Court of Bosnia and Herzegovina, case of Radmilo Vukovic for the criminal offence of war crimes against civilians, Case No. X-KRZ-06/217, 13 August 2008.

14 Court of Bosnia and Herzegovina, Section I for War Crimes, case of Pincic Zrinko, for the criminal offence of war crimes against civilians, Case No. X-KR-08/502, 28 November 2008.

15 Court of Bosnia and Herzegovina, case of Sreten Lazarevic et al. for the criminal offence of war crimes against civilians, Case No. X-KR-06/243, 29 September 2008.

16 Public Prosecutor v. Misrad Repak, Case Number: 08-018985MED-OTIR/08, 2 December 2008.

17 Adopted in March 2008. See above.

18 United States Court of Appeals for the District of Columbia Circuit, Huzaifa Parhat v. Robert M. Gates, Secretary of Defense, et al., Docket No. 06-1397, argued on 4 April 2008, decided on 20 June 2008.

19 United Status Court of Appeals for the Fourth Circuit, Ali Saleh Kahlah Al-Marri v. Commander John Pucciarelli, USN Consolidated Naval Brig, Docket No. 06-7427, argued on 31 October 2007 and decided on 15 July 2008.

20 United Status District Court for the District of Columbia, Lakhdar Boumediene, et al. v. George W. Bush, et al., Civil Case No. 04-116 (RJL), Memorandum Order of 20 November 2008.