SOSC 1375 Lecture Notes - Lecture 5: Due Process, Line Of Actual Control, Combatant
11 Apr 2017
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Document Summary
To prohibit a certain type of behaviour. Very important that they are public and transparent. No such things as the truth so with a trial, everyone can be heard. To be seen to do whats right. Principal of transparency truth/fact finding to tell a story to determin innocence or truth to restore to punish. International human rights norms nice things we all commit to and say. State sovereignty each state has ability to pick own laws. Not a murder if done for self defense. Two paradigms: criminal law (law enforcement) and war. Criminal law: only punishes for guilt. War: everything you do is justified. Treaty of westphalia (1648) legal documents to claim equality. Principle of state sovereignty political self determination. Principle of legal equality between states eg iran is equal to usa. Principle of non intervention: can"t interfere. Difficult to determine the level of threat. Where to draw the lines: no uniforms no base, different from traditional theatre of war.
