The International Humanitarian Law

Law implies order and restraint and can act to deter war, whereas war means the absence of both. Efforts to regulate war are as old as war itself. Nations have always strived to limit the conduct of war with legal codes right from the ancient times. Proponents of such efforts assume that bringing war within the bounds of rational rules may somehow “humanize” war and control its brutalities. History reveals us that the development of a more elaborate legal regime has preceded apace with the increasing savagery and destructiveness of modern war. It also supports the view that ancient wars were lawless and had legal codes with humanitarian provisions similar to the modern laws of war. Nevertheless, the two World Wars lacked features of humanitarian law. They saw the law subverted to the dictates of battle, reduced to a propaganda battlefield where belligerents organized attacks and counter-attacks. Ultimately, the law failed to protect civilians from horrifying new weapons and tactics. Both the World Wars exhibited the inadequacy of the existing laws of war to prevent the frequent commission of wartime atrocities.

Today, International humanitarian law (IHL) provides a distinction between laws governing the resort to force (jus ad bellum) and laws regulating wartime conduct (jus in bello). Jus in bello is further divided into ‘the humanitarian laws’ (the Geneva laws), which protect specific classes of war victims such as prisoners of war and ‘the laws of war’ (the Hague laws), which regulate the overall means and methods of war. It is noteworthy, that the Geneva laws served the interests of the more powerful nations.

The ‘humanitarian laws’ and the ‘laws of war’ displays the interests of those nations that dominated the international conferences where these laws were drafted. The Humanitarian laws are characterized by strict prohibitions, whereas the Hague laws are vaguely worded and permissive with less regard for humanitarian consequences. It is important to understand that with the development of these legal principles, war has long been limited largely by factors independent of the law. For complex military, political, and economic reasons, belligerents tend to use the minimal force necessary to achieve their political objectives.

A detailed understanding pertaining to that requires an in-depth knowledge of the role of law in deterring wartime atrocities. By sanctioning military necessity, the laws of war ask that only belligerents act in accord with military self-interests. Belligerents who meet this requirement receive in return a powerful platform to convince and to protect their controversial conduce from humanitarian challenges. Moreover, the capacity of the laws of war to subvert their own humane rhetoric carries an implicit warning for future attempts to control wars, the promotion of supposedly humane laws may serve the purposes of under strained violence.

Rousseau rightly quotes: “the aim of war is to subdue a hostile state, a combatant has the right to kill the defenders to that state while they are armed; but as soon as they lay down their arms and surrender, they cease to be either enemies or instruments of the enemy; they become simply men once more, and no one has any longer the right to take their lives. War gives no right to inflict any more destruction than is necessary for victory.” In this way, Rousseau turned to reason as the basis for the law of war. The modern laws of war however claim precedent in the chivalric practices of medieval era. A more in-depth view of this era, however, finds the same coexistence of law and atrocities.

It is very crucial that the laws of war should be revised and re-codified from time to time taking into consideration the provisions under the Charter of the settlement of international disputes, which prohibits use of force. War not only affects the combatants but also the civilians and in most of the cases, the nature of the war is such that observance of the rules of war becomes impossible. Hence, there is a need for enforcement of human rights during war more specifically for protecting the civilian population. Where power prevails over law, it is the fundamental function of law to help in asserting the authority of power. In a varied and distinct ways, International humanitarian law aptly serves that purpose.

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Some Tips Finding Good Bail Bondsman

Whether a person is guilty or not of a crime, he or she doesn’t have to spend days or weeks inside a jail cell before the actual hearings by posting bail. Bail pertains to the money or property that you must post with the court in order to be released from jail. It is a way of giving the court assurance that you will attend your future court appearances.

The amount for bail usually goes higher depending on the nature of the crime, the defendant’s financial status, his or her past criminal records, and other factors. It is not unusual for defendants to have difficulties paying cash for their bail. There are many instances as well when they don’t have any properties to use as collateral instead of cash. In such situations, the best option would be to get help from a bail bondsman.

A bail bondsman will give the court a surety bond. This is a legal document or promise stating that you will pay the court if you fail to appear.

Many companies now specialize in providing assistance with paying bail bonds. However, not all these companies offer good and reliable services. To make sure you choose a good bail bondsman, consider the tips below:

Ask your lawyer for his or her recommendation. Whether you have a public defender or a private lawyer, the connections they have and experience in the legal world should be sufficient to point you in the direction of a trustworthy bondsman. Because bail bonds agencies tend to work closely with local attorneys, they will know which bondsmen are reliable and respectable and who they should recommend.

Ask to see a copy of their license and find ways to verify it. A good and trustworthy bail bondsman should have no problems having and showing a copy of their company’s license. Local state licensing departments can also give you information about a bail bond agency’s licensing status. You can also get details from these departments about any complaints filed against the agency or disciplinary actions taken over the course of their existence. You can easily get these pieces of information from the department’s website.

Get details about the bondman’s resources and experience. Lastly, although nearly all bail bonds agents must be paid the same fees, some bonds agencies will provide better and more flexible payment options and plans than others. The best bondsmen will always put their clients first by understanding their financial requirements and provide a solution that can fit into their capabilities.

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Good Legal Services Abroad For You

Advancement in technology has made it quick and easy to set up businesses abroad. Whether the business functions out of a brick-and- mortar office or a virtual one, doing business on an international level has become the norm. Conducting business in a foreign country entails familiarity with the host country’s laws. The legal intricacies of international trading could be quite challenging, and without the right legal guidance, a business owner may well end up paying penalties and fines, and saddled with legal hitches. What does it take to find good legal services abroad?

Areas of Specialization

One of the travails of establishments operating in a foreign country is finding good legal services. Lawyers usually specialize in one particular type of law, or other related areas. A lawyer may generally work on immigration cases, while another one may be a tax specialist. Note that there are lawyers who only render advice to their clients, and not represent them to actual court litigation.

General areas of legal practice include: personal injury, criminal law, tax, employment and family law. It is best to choose a lawyer that specializes in one’s legal concern and one that has a firm foundation in the laws of the host country.

Different Types of Lawyer

Foreign Legal Consultants may be classified as lawyers working for international law firms based in foreign countries. These attorneys may advise clients regarding the requirements and conditions of the host country’s law, but they may or may not be licensed to practice law in the country where they are based. If court representation is needed, a licensed lawyer in the country where he works is required.

Solicitors and Barristers are specialized lawyers who may be practicing in foreign countries. Solicitors generally do not represent clients in court, but advise them, and may put together legal cases for barristers to take to court.

Notaries usually do the functions of attorneys, but depending on the country they practice, their job description may vary. Notaries may draft transfers of property titles and wills. In some countries, notaries are Ministry of Justice appointees and may act as administrators in estate settlements.

Where to Find a Lawyer

Searching for a lawyer in a foreign country is no longer too tasking. Overseas embassies and consulates of most countries have listings of local lawyers who have expressed their willingness to assist citizens of another country. For example, an American in Thailand may go to the U.S. embassy and he will be furnished with a copy of local lawyers willing to assist a U.S. citizen.

There are international bar associations with local chapters that could help foreigners with their legal problems. Most of these associations and similar organizations have standing agreements with accredited members in other countries.

Law firms maintain websites. This should make it doubly easy for anyone needing legal counsel to find a qualified lawyer through this mode.

Law schools have credible law professors who may be practicing or may know a practicing lawyer in his circle. If the legal advice and drafts are needed, senior law students could handle these requirements.

Surely local contacts could refer qualified lawyers to meet one’s legal requisites.

Considerations When Selecting a Lawyer

Before settling for an attorney, there are several points to consider.

First, it is to your benefit to ask the lawyer in consideration his qualifications and experience. You may ask the lawyer’s strategy and plan in representing you. It is not impolite to ask how much his retainer fees are.

Do not hesitate to ask questions regarding your case. As your lawyer, he is expected to explain every plan and activity in a manner that you can understand.

Be very careful when turning over documents and money. Make sure that your lawyer understands and can tackle your legal concerns in a manner that is satisfactory to you. See to it that the lawyer-client confidentiality clause in the foreign country meets your expectations.

These pointers should enable you to find a qualified foreign lawyer to handle your legal needs in a suitable and agreeable manner.

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Lawyers about Phones Are The New Billboards

What can a lawyer do nowadays to stay in front of clients and brand themselves as leaders of the pack? Simple, stay in front of the thing clients use the most, phones.

There has been a trend with mobile devices over the last decade, mainly that they have become ubiquitous. Not only are most of the searches online happening through mobile devices (58%), but the majority of the adult world (one-third of the world population to be exact) owns and operates a cell phone. That means that if you want to stay in front of clients there’s something even greater than a billboard or park bench. It’s a phone.

Trade shows have caught on and booths have begun handing out products like Screen Cleaner Stickers that stick to the back of a phone and contain a custom logo or message. These trend setters caught on quickly that the best place to be is on the backs of phones through something like a screen cleaner or something like a Custom Phone Wallet.

Why do these products work?

People check their phones hundreds of times a day. Literally, studies have shone that people check their phones almost two hundred times a day. That means that if you put a logo or message on the back of a phone, it gets flashed around a couple hundred times a day for all to see.

The product’s are useful. Let’s take a screen cleaner that adheres to the back of your phone. How many times have you used your pants? Exactly. Using a little microfiber cloth is preferable for the vast majority of people. These cleaners have your logo on them and will not only remind your client, but pique the curiosity of all those around.

These products are unique. Considering how many people have phones, probably everybody you know, this product is very unique. I remember the first time I saw one and literally had to stop someone and inquire about what they had on their phone. Not only do I remember the logo I saw that day, but the name of the business. Something unique stands out more and spreads your message in a far more memorable way.

So, lawyers out there, turn your client’s phones into walking billboards that will adhere and spread your message for at least a year. This is a far more cost-effective way to market your practice than an expensive billboard.

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