. As administrator of the occupied territory the Occupying Power is responsible for the maintenance of public order and safety. 19 Political laws like those concerning elections, and constitutional safeguards such as Habeas Corpus, cease to apply, as do laws constituting a threat to the security of the occupation, such as those relating to recruitment or the bearing of arms. However, the

in The contemporary law of armed conflict

was an ‘outlaw’. Instead, following his surrender after Waterloo, he was handed over to the British, who exiled him to St Helena, a decision made on political, not legal, grounds but reflecting the view that his resort to war in breach of treaty was criminal. Criminalising war: Hague Convention III, 1907 20 The second International Peace Conference

in The contemporary law of armed conflict

’ are clearly political, while what constitutes ‘international morality’ tends to be determined subjectively. The Principal Allied and Associate Powers also sought the trial ‘before military tribunals [of ] persons accused of having committed acts in violation of the laws and customs of war’, 34 and required Germany to hand over any person so accused. Germany refused, but itself tried some accused

in The contemporary law of armed conflict
Abstract only

on 21 January 1919. The other two documents were the Dáil Constitution and the Declaration of Independence.) Draft A is similar and uses the same terms in the preamble but it is longer and sounds even more philosophical, as it speaks of taking ‘control of our destiny’ and developing the ‘spiritual aspirations of our people’.8 The preliminary Articles which follow mirror Draft B. Draft C contains a similar preamble,9 again asserting that political ­authority While copies of the Drafts were published by Farrell and by Akenson & Fallin, they have not previously been

in Drafting the Irish Free State Constitution

, third states might intervene on behalf of rebels with whom they were politically sympathetic. Moreover, sometimes the parties to such a conflict have behaved inter se as if they were involved in an international conflict, 1 while third states, either because the scale of the conflict has gravely intensified or their own interests have been affected, have declared their neutrality and treated the conflict as if

in The contemporary law of armed conflict

half” variety at this stage’.9 Whatever the view of recent academics, the British government of the time was extremely suspicious of this Pact and many of the discussions on the expected Constitution turned to the question of the election. Leo Kohn has observed that the Joe Lee, Ireland 1912–1985: Politics and Society (Cambridge, 1989), 58. The President was elected by the Assembly.  5 Collins–de Valera Pact, CAB43/7, 8.  6 Hugh Kennedy Papers, P4/308, University College Dublin Archives.  7 Dorothy Macardle, The Irish Republic (Dublin, 1999), 709–13.  8

in Drafting the Irish Free State Constitution

the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations’. This is little more than a reiteration of the ban on force as an instrument of national policy in the Kellogg–Briand Pact. 1 It must, however, be read in conjunction with Chapter VII of the Charter, which states that ‘the Security Council shall

in The contemporary law of armed conflict
Abstract only

pregnant women, children under fifteen and the immunity of hospitals and their personnel. Although these provisions are to operate without any adverse distinction based on race, nationality, religion or political opinion, the Convention does not protect those definitely suspected of or engaged in activities prejudicial to the security of the state, nor, in occupied territory, those detained as spies or saboteurs

in The contemporary law of armed conflict

shortly thereafter, in September 2013. After its trashing by Parliament, Council and BEREC as both a power grab for the Commission and a political obituary for outgoing Commissioner Kroes, all that remained by the end of 2014 was mobile roaming and net neutrality. All other issues were parked until the 2016 Telecom Single Market proposal, which was in Regulatory Fitness and Performance Programme (REFIT) evaluation until

in Network neutrality

pronounced, case law precedents are thin. The third pressure is political. Although the Commission has been fairly successful in shielding itself from close member state control, it does not operate in an environment immune from the wider political context. The EU’s institutional agenda is very open and affords actors the opportunity to exploit a multiplicity of venues in order to influence policy. As such, once an item reaches the institutional agenda a range of actors can become involved in the policy debate. In the case of sport, not all have accepted the definition of

in Sports law and policy in the European Union