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- Canada; Criminal law; Sexual assault; AIDS (Disease); HIV; Condoms; Criminal responsibility; Health; Sexual intercourse; Non-disclosure; HIV-AIDS status (1)
- International Humanitarian Law; International Criminal Trials (1)
- International humanitarian law; private military contractors; private security contractors; humanitarian organizations (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Humanitarian Assistance And The Private Security Debate: An International Humanitarian Law Perspective, Benjamin Perrin
Humanitarian Assistance And The Private Security Debate: An International Humanitarian Law Perspective, Benjamin Perrin
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The changing nature of armed conflict has had a dramatic impact on the security risks facing humanitarian personnel. Historically, the safety of humanitarian aid delivery was secured through the consent of the relevant Parties to the conflict. However, non-international ethnically-motivated armed conflicts, failed and failing states, and insurgency-based warfare have fundamentally challenged the viability of this traditional security paradigm. In confronting today's complex security climate, humanitarian organizations are faced with a diverse menu of alternatives to enhance their security. The debate over armed protection that has sharply divided the humanitarian community is explored in this paper, including a critique of …
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
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In this paper, the author examines the trend toward the increased criminalization and punishment of persons with HIV who fail to inform their sexual partners of their HIV-positive status. Since the Supreme Court of Canada's decision in R. v. Cuerrier, such behaviour may constitute aggravated assault or aggravated sexual assault, the latter offence carrying a maximum sentence of life imprisonment. The paper surveys the Canadian case law and highlights the trend towards the imposition of increasingly harsh sentences. After reviewing public-health and criminal law options for dealing with non-disclosure of one's HIV status, the author concludes that criminal law should …
Searching For Law While Seeking Justice: The Difficulties Of Enforcing International Humanitarian Law In International Criminal Trials, Benjamin Perrin
Searching For Law While Seeking Justice: The Difficulties Of Enforcing International Humanitarian Law In International Criminal Trials, Benjamin Perrin
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International criminal law finds itself at the confluence of public international law, international humanitarian law, human rights law and national criminal laws. Our understanding of the interrelationship between these sources of law has been hampered by the conventional wisdom that public international law doctrines applicable to disputes between states can be readily transposed to the international criminal prosecution of individuals. A detailed analysis of selected decisions of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda demonstrates that these tribunals could not simply rely on classical sources of public international law to resolve difficult …