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Browsing by Author "Islam, Mohammad Saidul"

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    Contemporary technological development and challenges to the international humanitarian law
    (CRP, International Islamic University Chittagong, Bangladesh, 2016-12) Islam, Mohammad Saidul
    International Humanitarian Law (IHL), is an important branch of the public international law, it does not speak about the lawfulness of armed conflict, it seeks instead to protect the civilians and hors de combats through imposing limitation to the freedom of the choice of the weapons and strategies of warfare. The development of science and technology has significantly changed the nature of weapons and war strategies and complicated the implementation of IHL. This article describes the technologically developed new weapons and methods which are randomly used in the contemporary armed conflict. This paper also focuses on the new challenges faced by the frequent use of technologically advanced weapons in the modern armed conflict.
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    Cyber Warfare and International Humanitarian
    (Centre for Research on Islamic Management and Business, 2017-06) Islam, Mohammad Saidul
    The technological advancement has made States, societies and individual fully dependent on computers, computer systems and internets and simultaneously made them vulnerable by broadening the scope of cyber-attacks. The cost effectiveness, easiness and safetyness of cyber attackers have significantly contributed to increase cyber attacks worldwide. The wider use of computers in many places including many dangerous and important installations like nuclear power plant, water dams, electric power grids, hospitals, oil and gas installations have fallen the people in a havoc danger in all time of cyber attacks. In this regard some important issues are unsettled yet namely, identification of the attackers, whether international humanitarian law applies in cyber attack. This study will not explore the technique of identification of cyber attackers which is the works of the scientists; it will only focus the most important controversial unsettled issue of contemporary world whether IHL applies in the cyber attacks.
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    Domestic measures during peace time for the implementation of International Humanitarian Law (IHL)
    ((CRP),International Islamic University Chittagong, Bangladesh, 2017-06) Islam, Mohammad Saidul
    International Humanitarian Law (IHL) is frequently neglected by the Parties to the Geneva Conventions during armed conflict (AC). In the contemporary world, IHL has been facing a great threat due to lack of proper implementation which resulted in the severe wounds, unnecessary sufferings, superfluous injury, and even death to the civilians, children, women, and combatants in and outside the armed field. For the implementation of IHL, it is essential that States must take proper steps during peace, conflict, and post-conflict time. The article presents the various mechanisms of implementation of IHL need to be taken by the States during the time of peace. It also focuses the most significant peace time steps sought to be taken by the State to make the IHL rules familiar to the civilians and combatant, to ensure the availability of the necessary instrumentalities for using those during AC for protection and minimization of the sufferings of the victims and to enact essential legislation for trial of the violators after the end of the conflict.
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    Efficiency and Effectiveness of Alternative Dispute Resolution Schemes towards the Promotion of Access to Justice in Bangladesh
    (CRP, International Islamic University Chittagong, Bangladesh, 2011-12) Islam, Mohammad Saidul
    In recent years in Bangladesh, there has been renewed emphasis on the Alternative Dispute Resolution schemes as a means to avoid the use of contested hearings in the formal litigation and to ensure the most fundamental right of access to justice for all in an easy way. These Alternative Dispute Resolution (ADR) modalities are considered as less likely to fuel the parental conflicts, more likely to induce the parties to resolve their conflicts in an amicable manner preserving the future relationship between the parties and reducing cost, delay and loss of energy to a significant extent. Following the considerable advantages of ADR, almost every county of the world has introduced ADR system in its justice delivery system which has paved the way to the promotion of access to justice indiscriminately for all. This paper is an attempt to provide a comprehensive idea about obstacles in the way of access to justice in our legal system and by analyzing the different mechanisms of ADR and court and non-court based practices of those modalities under different legislations of Bangladesh, to show the fairness, efficiency and effectiveness of ADR towards the promotion of access to justice and to provide some recommendations for the complete success of ADR towards the effective, non-discriminative, speedy and easy access to justice for all either rich or poor, literate or illiterate, male or female and elite or lower class.

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