Browsing by Author "Norfadhilah Mohd Ali"
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Publication Pirata Est Hostis Generis Humani The Malaysian Context(Universiti Sains Islam Malaysia, 2009) ;Norfadhilah Mohd AliHendun Abdul Rahman ShahSo much as the world has seen piracy as an un justified illegal act, Malaysia also shares the same concern. A study of the term piracy in the Malaysian context inevitably opens a legal discussion altogether: This article will discuss on the Malaysian legal position of piratical acts with some comparisons with the International Law. - Some of the metrics are blocked by yourconsent settings
Publication Sustainability Of Petroleum And Environmental Control In The Malaysian Petroleum Law(2009)Norfadhilah Mohd AliIn supporting the international and local economic development, energy has become an inevitable factor. Despite the priority to gain more energy supply, in this paper’s concern – the petroleum, there is another priority which should not be neglected; that is policing it. This is to ensure its sustenance for both today and tomorrow generation as well as the environment. This paper seeks to analyse the existing Malaysian petroleum legislations and other relevant laws which promotes sustainability of petroleum and environmental conservation. - Some of the metrics are blocked by yourconsent settings
Publication When Civilians "Cross The Line": The International And Islamic Law Perspectives"(Centre for Promoting Ideas, USA, 2011) ;Norfadhilah Mohd Ali ;Fadhlina Alias, ;Muhammad Najib Abdullah ;Rodziana Mohamed RazaliAhmad Zaki SallehThe protection of civilians is one of the most integral aspects of international humanitarian law. Civilians are defined in the Geneva Convention Relative to the Protection of Civilian Persons in Time of War to include persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those considered hors de combat by virtue of sickness, wounds, detention, or any other cause. According to international law, civilians shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. It is however a growing concern in international humanitarian law as military forces claim that certain attacks on civilians are justified, be it due to „military advantage‟, or that the civilians themselves have in one way or another, participated in the warfare. In such situations, both the armed forces and the law would have to determine whether the “civilians” are still civilians at the point of attack, or "civilians" who have lost their characteristics as civilians. This paper will discuss on the demarcation between the legal status of a civilian and the justifications of the claim to lift civilian characteristics from civilians in different situations, as well as issues of „active‟, „direct‟ and „sympathetic‟ involvement of civilians in hostilities. In doing so, both the international law and Islamic law point of view will comparatively be examined. Key Words: International humanitarian law, civilian, protection, unlawful combatant, Islamic law, military, treatment.