Sandesh Sivakumaran
Dados Biográficos
| ID | 5579301 |
|---|---|
| NOME | Sandesh Sivakumaran |
| PRENOMES | Sandesh |
| SOBRENOME | Sivakumaran |
| ASSINATURA | SIVAKUMARAN S |
| AFILIAÇÕES | University of Nottingham |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 25 |
| TOTAL DE CITAÇÕES | 223 |
| TOTAL COMO AUTOR | 23 |
| TOTAL COMO EDITOR | 2 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2005 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2026 |
| ÍNDICE H | 6 |
The Legal Status of the Prohibition on Gender-Based Violence against Women
This article considers the legal status of the prohibition on gender-based violence against women. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) does not contain a prohibition on violence against women as such. However, the CEDAW Committee found in its General Recommendation 19 that the definition of discrimination against women in Article 1 CEDAW includes gender-based violence against women. As general re…
Crafting the Prohibition on Violence against Women under International Human Rights Law
Violence against women emerged as an international human rights law issue through the adoption of the Committee on the Elimination of All Forms of Discrimination against Women’s General Recommendation 19 (1992), the United Nations General Assembly’s Declaration on the Elimination of Violence against Women (1993) and the Belém do Pará Convention (1994). Yet we know relatively little about how the three instruments were created. Through archival re…
Complementing UN Human Rights Efforts Through Universal Periodic Review
The UN undertakes numerous human rights activities. Various UN entities have been established solely to promote and protect human rights, such as the Human Rights Council and the human rights treaty bodies. Others, such as the Security Council, have mandates intrinsically connected to human rights. Furthermore, a variety of UN specialized agencies, programmes and funds work in areas associated with human rights. However, the work these entities u…
International Human Rights Law
Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as climate change and pandemics, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subjec…
Assessing the authority of the ICRC Customary IHL Study
This article examines the authority of the 2005 International Committee of the Red Cross Study on Customary international humanitarian law within the international legal system by collecting and analysing citations to the Study in documents containing expressions of State positions, in the judgments of international and domestic courts and tribunals and in the outputs of other influential actors. Our analysis establishes that the Study is increas…
The Use of International Human Rights Law in the Universal Periodic Review
Universal Periodic Review provides a unique insight into states’ perceptions of IHRL. States issue recommendations on fulfilling human rights obligations and commitments. HRC Resolution 5/1 sets out the bases of the reviews: the UN Charter, the UDHR, human rights instruments to which the state is party and voluntary pledges and commitments. Relevant IHL is ‘take[n] into account’. Analysing the identification of these bases of review and how they …
International Human Rights Law
Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as terrorism and poverty, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subject to li…
Oppenheim's International Law
Techniques in International Law-Making
This article traces the emergence of an international law of disaster relief from a patchwork of norms through to a holistic body of international law. It argues that, for many years, the international law of disaster relief existed in piecemeal fashion. Since there is no overarching treaty on the subject at the global level, a hodgepodge of instruments have been concluded, namely subject-specific and disaster-specific treaties at the global leve…
The Influence of Teachings of Publicists on the Development of International Law
This article considers the influence of teachings of publicists on the development of international law. The category of ‘teachings of publicists’ is not a homogeneous one. The article argues that it can be divided into: entities that have been empowered by States to conclude teachings, such as the International Law Commission; expert groups, such as the Institut de Droit International; and ‘ordinary’ publicists. The teachings of ordinary publici…
Arbitrary Withholding of Consent to Humanitarian Assistance in Situations of Disaster
Following a large-scale disaster, such as a major earthquake, tsunami or cyclone, tens of thousands of persons are often displaced, suffer from food shortages and in need of medical assistance. In situations in which the State affected by the disaster does not meet the needs of the affected persons itself, humanitarian assistance from outside the State might be required. This article considers the role of consent to external humanitarian assistan…
Exclusion from Refugee Status
Article 1F(c) of the Refugee Convention provides that an individual is to be excluded from the benefits afforded by refugee status if ‘there are serious reasons for considering that... he has been guilty of acts contrary to the purposes and principles of the United Nations’. This phrase has proven difficult to interpret, not least because of the differing views on its meaning at the time of drafting, and the lack of another body of law to which a…
Command Responsibility in Irregular Groups
Journal Article Command Responsibility in Irregular Groups Get access Sandesh Sivakumaran Sandesh Sivakumaran * * Associate Professor and Reader in Public International Law, University of Nottingham; Member of the Board of Editors of this Journal. Thanks to Jann Kleffner and Guénaël Mettraux for their comments. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International …
Nicaragua
The case concerning Military and Paramilitary Activities in and against Nicaragua , better known as the ‘ Nicaragua case’ or simply Nicaragua , is arguably one of the most important and controversial cases ever to be heard by the International Court of Justice. Twenty-five years after the judgment on the merits was handed down, it is high time to reassess the impact of Nicaragua on international law. The joint efforts of the Grotius Centre of the…
Lessons for the law of armed conflict from commitments of armed groups
Armed groups frequently issue ad hoc commitments that contain a law of armed conflict component. These commitments detail the obligation of the relevant armed group to abide by international humanitarian law, the Geneva Conventions, or particular rules set out in the commitment. They commit the group to abide by international standards, sometimes exceed international standards, or in certain respects violate international standards. Although thes…
The International Law of Internal Armed Conflict
Journal Article The International Law of Internal Armed Conflict Get access Sandesh Sivakumaran Sandesh Sivakumaran * * Lecturer, School of Law, University of Nottingham. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 9, Issue 1, March 2011, Pages 281–295, https://doi.org/10.1093/jicj/mqr002 Published: 28 January 2011
Re-envisaging the International Law of Internal Armed Conflict
The regulation of internal armed conflict by international law has come a long way in a very short space of time. Until the early 1990s, there were a minimum of international law rules applicable to internal armed conflict. Today, the situation has changed almost beyond recognition with a healthy body of international law applicable to internal armed conflict. This change has taken place in three principal ways -through analogy to the law of inte…
Re-envisaging the International Law of Internal Armed Conflict
I am grateful to Professor Gabriella Blum for her thoughtful response to my article. 1 Blum's response invites further consideration of three principal issues. She notes my use of the terminology of internal as opposed to non-international armed conflict and its juxtaposition with international armed conflict and queries whether my methodological approach as well as specific suggestions would remain equally compelling in other types of non-intern…
Lost in translation
This article considers the UN responses to sexual violence against men and boys in armed conflict – in particular, steps taken towards understanding this problem, measures of prevention and protection, and consequences for accused perpetrators. In so doing, the article assesses the state of knowledge and work in the field of male sexual violence and notes that although there have been many positive developments, the issue is not always moving in …
War Crimes before the Special Court for Sierra Leone
This article considers selected war crimes in the jurisprudence of the Special Court for Sierra Leone, namely the recruitment and use of child soldiers, collective punishments, attacks on peacekeepers and the taking of hostages. Each of these crimes suffers from a dearth of international jurisprudence. Accordingly, the Special Court has made an important contribution to the clarification of war crimes law, even if disagreement is to be had with s…
Courts of Armed Opposition Groups
Courts of armed opposition groups are a frequent feature of internal armed conflicts. The Frente Farabundo Martí para la Liberación Nacional of El Salvador, Liberation Tigers of Tamil Eelam of Sri Lanka and Revolutionary United Front of Sierra Leone all conducted trials in courts they convened. These courts are often criticized for failing to afford fair trial guarantees. This article takes a look at these courts and assesses the criticisms made …
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
The long awaited judgment of the International Court of Justice (ICJ) in Application of the Convention on the Prevention and Punishment of the Crime of Genocide was handed down on 26 February 2007. It has attracted the attention of the international legal community as well as political circles. In addition, the world media – not to mention the local media – have taken note of the judgment, with leading newspapers carrying the story on their front…
Sexual Violence Against Men in Armed Conflict
Reports of sexual violence by men against men emerge from numerous conflicts, ranging in time from Ancient Persia and the Crusades to the conflicts in Iraq and the Democratic Republic of the Congo. Despite these accounts, relatively little material exists on the subject and the issue tends to be relegated to a footnote. This article ascertains the extent to which male sexual violence is committed in armed conflict. It considers factors that expla…
Binding Armed Opposition Groups
This article considers how armed opposition groups fighting in an internal armed conflict are bound by the rules of international humanitarian law despite not being party to the relevant treaties. It assesses a number of explanations—customary international law, general principles of international humanitarian law, rules governing treaties and third parties and claims to succession—and argues that each has limited value. The ability of the state …
Torture in International Human Rights and International Humanitarian Law
In seeking to define torture in international humanitarian law, the ICTY and ICTR have turned to the definition of torture contained in the UN Convention against Torture for guidance. The Convention definition contains a requirement that the actor be a public official or other person acting in an official capacity. The ad hoc tribunals have put forward various views as to whether this is an element of the definition of torture in international hu…
Sexual Violence Against Men in Armed Conflict
Reports of sexual violence by men against men emerge from numerous conflicts, ranging in time from Ancient Persia and the Crusades to the conflicts in Iraq and the Democratic Republic of the Congo. Despite these accounts, relatively little material exists on the subject and the issue tends to be relegated to a footnote. This article ascertains the extent to which male sexual violence is committed in armed conflict. It considers factors that expla…
Oppenheim's International Law
Courts of Armed Opposition Groups
Courts of armed opposition groups are a frequent feature of internal armed conflicts. The Frente Farabundo Martí para la Liberación Nacional of El Salvador, Liberation Tigers of Tamil Eelam of Sri Lanka and Revolutionary United Front of Sierra Leone all conducted trials in courts they convened. These courts are often criticized for failing to afford fair trial guarantees. This article takes a look at these courts and assesses the criticisms made …
Binding Armed Opposition Groups
This article considers how armed opposition groups fighting in an internal armed conflict are bound by the rules of international humanitarian law despite not being party to the relevant treaties. It assesses a number of explanations—customary international law, general principles of international humanitarian law, rules governing treaties and third parties and claims to succession—and argues that each has limited value. The ability of the state …
Lost in translation
This article considers the UN responses to sexual violence against men and boys in armed conflict – in particular, steps taken towards understanding this problem, measures of prevention and protection, and consequences for accused perpetrators. In so doing, the article assesses the state of knowledge and work in the field of male sexual violence and notes that although there have been many positive developments, the issue is not always moving in …
The Influence of Teachings of Publicists on the Development of International Law
This article considers the influence of teachings of publicists on the development of international law. The category of ‘teachings of publicists’ is not a homogeneous one. The article argues that it can be divided into: entities that have been empowered by States to conclude teachings, such as the International Law Commission; expert groups, such as the Institut de Droit International; and ‘ordinary’ publicists. The teachings of ordinary publici…
Re-envisaging the International Law of Internal Armed Conflict
The regulation of internal armed conflict by international law has come a long way in a very short space of time. Until the early 1990s, there were a minimum of international law rules applicable to internal armed conflict. Today, the situation has changed almost beyond recognition with a healthy body of international law applicable to internal armed conflict. This change has taken place in three principal ways -through analogy to the law of inte…
Lessons for the law of armed conflict from commitments of armed groups
Armed groups frequently issue ad hoc commitments that contain a law of armed conflict component. These commitments detail the obligation of the relevant armed group to abide by international humanitarian law, the Geneva Conventions, or particular rules set out in the commitment. They commit the group to abide by international standards, sometimes exceed international standards, or in certain respects violate international standards. Although thes…
Techniques in International Law-Making
This article traces the emergence of an international law of disaster relief from a patchwork of norms through to a holistic body of international law. It argues that, for many years, the international law of disaster relief existed in piecemeal fashion. Since there is no overarching treaty on the subject at the global level, a hodgepodge of instruments have been concluded, namely subject-specific and disaster-specific treaties at the global leve…
Arbitrary Withholding of Consent to Humanitarian Assistance in Situations of Disaster
Following a large-scale disaster, such as a major earthquake, tsunami or cyclone, tens of thousands of persons are often displaced, suffer from food shortages and in need of medical assistance. In situations in which the State affected by the disaster does not meet the needs of the affected persons itself, humanitarian assistance from outside the State might be required. This article considers the role of consent to external humanitarian assistan…
War Crimes before the Special Court for Sierra Leone
This article considers selected war crimes in the jurisprudence of the Special Court for Sierra Leone, namely the recruitment and use of child soldiers, collective punishments, attacks on peacekeepers and the taking of hostages. Each of these crimes suffers from a dearth of international jurisprudence. Accordingly, the Special Court has made an important contribution to the clarification of war crimes law, even if disagreement is to be had with s…
Torture in International Human Rights and International Humanitarian Law
In seeking to define torture in international humanitarian law, the ICTY and ICTR have turned to the definition of torture contained in the UN Convention against Torture for guidance. The Convention definition contains a requirement that the actor be a public official or other person acting in an official capacity. The ad hoc tribunals have put forward various views as to whether this is an element of the definition of torture in international hu…
Complementing UN Human Rights Efforts Through Universal Periodic Review
The UN undertakes numerous human rights activities. Various UN entities have been established solely to promote and protect human rights, such as the Human Rights Council and the human rights treaty bodies. Others, such as the Security Council, have mandates intrinsically connected to human rights. Furthermore, a variety of UN specialized agencies, programmes and funds work in areas associated with human rights. However, the work these entities u…
Nicaragua
The case concerning Military and Paramilitary Activities in and against Nicaragua , better known as the ‘ Nicaragua case’ or simply Nicaragua , is arguably one of the most important and controversial cases ever to be heard by the International Court of Justice. Twenty-five years after the judgment on the merits was handed down, it is high time to reassess the impact of Nicaragua on international law. The joint efforts of the Grotius Centre of the…
Torture in International Human Rights and International Humanitarian Law
In seeking to define torture in international humanitarian law, the ICTY and ICTR have turned to the definition of torture contained in the UN Convention against Torture for guidance. The Convention definition contains a requirement that the actor be a public official or other person acting in an official capacity. The ad hoc tribunals have put forward various views as to whether this is an element of the definition of torture in international hu…
Binding Armed Opposition Groups
This article considers how armed opposition groups fighting in an internal armed conflict are bound by the rules of international humanitarian law despite not being party to the relevant treaties. It assesses a number of explanations—customary international law, general principles of international humanitarian law, rules governing treaties and third parties and claims to succession—and argues that each has limited value. The ability of the state …
Sexual Violence Against Men in Armed Conflict
Reports of sexual violence by men against men emerge from numerous conflicts, ranging in time from Ancient Persia and the Crusades to the conflicts in Iraq and the Democratic Republic of the Congo. Despite these accounts, relatively little material exists on the subject and the issue tends to be relegated to a footnote. This article ascertains the extent to which male sexual violence is committed in armed conflict. It considers factors that expla…
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
The long awaited judgment of the International Court of Justice (ICJ) in Application of the Convention on the Prevention and Punishment of the Crime of Genocide was handed down on 26 February 2007. It has attracted the attention of the international legal community as well as political circles. In addition, the world media – not to mention the local media – have taken note of the judgment, with leading newspapers carrying the story on their front…
Courts of Armed Opposition Groups
Courts of armed opposition groups are a frequent feature of internal armed conflicts. The Frente Farabundo Martí para la Liberación Nacional of El Salvador, Liberation Tigers of Tamil Eelam of Sri Lanka and Revolutionary United Front of Sierra Leone all conducted trials in courts they convened. These courts are often criticized for failing to afford fair trial guarantees. This article takes a look at these courts and assesses the criticisms made …
Lost in translation
This article considers the UN responses to sexual violence against men and boys in armed conflict – in particular, steps taken towards understanding this problem, measures of prevention and protection, and consequences for accused perpetrators. In so doing, the article assesses the state of knowledge and work in the field of male sexual violence and notes that although there have been many positive developments, the issue is not always moving in …
War Crimes before the Special Court for Sierra Leone
This article considers selected war crimes in the jurisprudence of the Special Court for Sierra Leone, namely the recruitment and use of child soldiers, collective punishments, attacks on peacekeepers and the taking of hostages. Each of these crimes suffers from a dearth of international jurisprudence. Accordingly, the Special Court has made an important contribution to the clarification of war crimes law, even if disagreement is to be had with s…
Lessons for the law of armed conflict from commitments of armed groups
Armed groups frequently issue ad hoc commitments that contain a law of armed conflict component. These commitments detail the obligation of the relevant armed group to abide by international humanitarian law, the Geneva Conventions, or particular rules set out in the commitment. They commit the group to abide by international standards, sometimes exceed international standards, or in certain respects violate international standards. Although thes…
The International Law of Internal Armed Conflict
Journal Article The International Law of Internal Armed Conflict Get access Sandesh Sivakumaran Sandesh Sivakumaran * * Lecturer, School of Law, University of Nottingham. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 9, Issue 1, March 2011, Pages 281–295, https://doi.org/10.1093/jicj/mqr002 Published: 28 January 2011
Re-envisaging the International Law of Internal Armed Conflict
The regulation of internal armed conflict by international law has come a long way in a very short space of time. Until the early 1990s, there were a minimum of international law rules applicable to internal armed conflict. Today, the situation has changed almost beyond recognition with a healthy body of international law applicable to internal armed conflict. This change has taken place in three principal ways -through analogy to the law of inte…
Re-envisaging the International Law of Internal Armed Conflict
I am grateful to Professor Gabriella Blum for her thoughtful response to my article. 1 Blum's response invites further consideration of three principal issues. She notes my use of the terminology of internal as opposed to non-international armed conflict and its juxtaposition with international armed conflict and queries whether my methodological approach as well as specific suggestions would remain equally compelling in other types of non-intern…
Command Responsibility in Irregular Groups
Journal Article Command Responsibility in Irregular Groups Get access Sandesh Sivakumaran Sandesh Sivakumaran * * Associate Professor and Reader in Public International Law, University of Nottingham; Member of the Board of Editors of this Journal. Thanks to Jann Kleffner and Guénaël Mettraux for their comments. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International …
Nicaragua
The case concerning Military and Paramilitary Activities in and against Nicaragua , better known as the ‘ Nicaragua case’ or simply Nicaragua , is arguably one of the most important and controversial cases ever to be heard by the International Court of Justice. Twenty-five years after the judgment on the merits was handed down, it is high time to reassess the impact of Nicaragua on international law. The joint efforts of the Grotius Centre of the…
Exclusion from Refugee Status
Article 1F(c) of the Refugee Convention provides that an individual is to be excluded from the benefits afforded by refugee status if ‘there are serious reasons for considering that... he has been guilty of acts contrary to the purposes and principles of the United Nations’. This phrase has proven difficult to interpret, not least because of the differing views on its meaning at the time of drafting, and the lack of another body of law to which a…
Arbitrary Withholding of Consent to Humanitarian Assistance in Situations of Disaster
Following a large-scale disaster, such as a major earthquake, tsunami or cyclone, tens of thousands of persons are often displaced, suffer from food shortages and in need of medical assistance. In situations in which the State affected by the disaster does not meet the needs of the affected persons itself, humanitarian assistance from outside the State might be required. This article considers the role of consent to external humanitarian assistan…
Oppenheim's International Law
Techniques in International Law-Making
This article traces the emergence of an international law of disaster relief from a patchwork of norms through to a holistic body of international law. It argues that, for many years, the international law of disaster relief existed in piecemeal fashion. Since there is no overarching treaty on the subject at the global level, a hodgepodge of instruments have been concluded, namely subject-specific and disaster-specific treaties at the global leve…
The Influence of Teachings of Publicists on the Development of International Law
This article considers the influence of teachings of publicists on the development of international law. The category of ‘teachings of publicists’ is not a homogeneous one. The article argues that it can be divided into: entities that have been empowered by States to conclude teachings, such as the International Law Commission; expert groups, such as the Institut de Droit International; and ‘ordinary’ publicists. The teachings of ordinary publici…
International Human Rights Law
Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as terrorism and poverty, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subject to li…
The Use of International Human Rights Law in the Universal Periodic Review
Universal Periodic Review provides a unique insight into states’ perceptions of IHRL. States issue recommendations on fulfilling human rights obligations and commitments. HRC Resolution 5/1 sets out the bases of the reviews: the UN Charter, the UDHR, human rights instruments to which the state is party and voluntary pledges and commitments. Relevant IHL is ‘take[n] into account’. Analysing the identification of these bases of review and how they …
International Human Rights Law
Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as climate change and pandemics, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subjec…
Assessing the authority of the ICRC Customary IHL Study
This article examines the authority of the 2005 International Committee of the Red Cross Study on Customary international humanitarian law within the international legal system by collecting and analysing citations to the Study in documents containing expressions of State positions, in the judgments of international and domestic courts and tribunals and in the outputs of other influential actors. Our analysis establishes that the Study is increas…
Complementing UN Human Rights Efforts Through Universal Periodic Review
The UN undertakes numerous human rights activities. Various UN entities have been established solely to promote and protect human rights, such as the Human Rights Council and the human rights treaty bodies. Others, such as the Security Council, have mandates intrinsically connected to human rights. Furthermore, a variety of UN specialized agencies, programmes and funds work in areas associated with human rights. However, the work these entities u…
Crafting the Prohibition on Violence against Women under International Human Rights Law
Violence against women emerged as an international human rights law issue through the adoption of the Committee on the Elimination of All Forms of Discrimination against Women’s General Recommendation 19 (1992), the United Nations General Assembly’s Declaration on the Elimination of Violence against Women (1993) and the Belém do Pará Convention (1994). Yet we know relatively little about how the three instruments were created. Through archival re…
The Legal Status of the Prohibition on Gender-Based Violence against Women
This article considers the legal status of the prohibition on gender-based violence against women. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) does not contain a prohibition on violence against women as such. However, the CEDAW Committee found in its General Recommendation 19 that the definition of discrimination against women in Article 1 CEDAW includes gender-based violence against women. As general re…
Political science (23 obras) · International Law and Human Rights (20 obras) · Law (20 obras) · Global Peace and Security Dynamics (16 obras) · International law (15 obras) · Sociology (14 obras) · Law (13 obras) · Computer Science (10 obras) · Human rights (7 obras) · Human Rights and Development (7 obras)