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Rahvusvahelise humanitaar iguse riigisisene rakendamine

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Abstract:

International humanitarian law sets out rules to protect the victims of armed conflict and restrict the methods and means of warfare. It also establishes mechanisms to ensure that these rules are respected. One of the most important of these mechanisms is the universal jurisdiction of grave breaches. The main rules of international humanitarian law are enshrined in the four Geneva Conventions of 1949 and the two Additional Protocols of 1977. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict provides for a comprehensive regime for the protection of cultural property. These instruments are at the heart of this article.Under the 1949 Geneva Conventions and their additional protocols states have an obligation to respect and ensure respect for the Conventions in all circumstances. Application of international humanitarian law presupposes the implementation of its rules by measures taken on national level. Such measures include: protection of the emblems; translation of the treaties into the national language; dissemination and training; experts and legal advisers; protection of cultural property and much more. The author analyses what if any national implementation measures have been taken in Estonia. Although Estonia claims to be a monist State and is generally very open to international law, introduction of international norms into municipal law does not necessarily make them applicable. Many of the provisions require specific legislative, administrative and practical measures to be adopted by a State to ensure application. The structure of this article is based on a report prepared by the International Committee of the Red Cross on the implementation of international humanitarian law in 1998.

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