The Spanish “Military Interpreter”: A Practical Application in International Operations Arising from Armed Conflicts

2021 ◽  
pp. 135-154
Author(s):  
Verónica Méndez Sánchez
Keyword(s):  
Armed Conflicts ◽  
Practical Application ◽  
International Operations

Practical Application

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Practical Application ◽  
Temporal Perspective ◽  
Applicable Law ◽  
The Law ◽  
Geographical Scope

This chapter analyses the practical application of the law of belligerent occupation in internationalized armed conflicts in its temporal, geographical, and personal dimensions. Firstly, from a temporal perspective, the law is shown to apply once one of the conflict parties consolidates its control over the enemy territory and substitutes its own authority for that of the displaced enemy. Secondly, the chapter assesses the geographical scope of the applicable law and draws specific guidelines for the determination of the territory subject to the law of occupation in various types of internationalized armed conflicts. Thirdly, the chapter endorses the allegiance-based approach to the designation of protected persons under the law of occupation and applies it to the reality of internationalized armed conflict. Overall, the chapter presents a workable toolkit for the application of the law of occupation to internationalized armed conflicts.

The Principle of Distinction Between Civilians and Combatants

2014 ◽  
Author(s):  
Nils Melzer
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Practical Application ◽  
Civilian Population ◽  
Number Of Factors ◽  
Armed Actors

This chapter examines the provisions of international humanitarian law (IHL) concerning the distinction between legitimate military targets and persons protected against direct attacks. It explains that the practical application of the principle of distinction in contemporary armed conflicts has become increasingly difficult because of a number of factors. These include the growing asymmetry of military confrontations, the intermingling of armed actors with the civilian population, and the increasing involvement of civilians in the conduct of hostilities.

Practical Application

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Geneva Convention ◽  
Armed Forces ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Practical Application ◽  
Additional Protocol

This chapter analyses whether and in which situations fighters engaged in internationalized armed conflicts may qualify for combatant status in practice. The chapter puts forward a three-pronged approach dependent on the applicable legal framework and the nature of the armed forces of the conflict party in question. Firstly, the relevant criteria are the most lenient for members of regular armed forces in internationalized conflicts governed only by Geneva Convention III. Secondly, members of irregular armed forces in those same conflicts must meet additional criteria stipulated by that Convention. Thirdly, fighters in conflicts to which Additional Protocol I applies as well must comply with its requirements, some of which may be more onerous than the corresponding criteria of Geneva Convention III. Overall, the chapter demonstrates that it is not only theoretically plausible, but also practically feasible for fighters engaged in internationalized armed conflicts to actually qualify for combatant status.

Rethinking the Just War

2019 ◽  
Vol 29 (3) ◽  
pp. 139-156
Keyword(s):  
International Law ◽  
Just War ◽  
Just War Theory ◽  
Armed Conflicts ◽  
Practical Application ◽  
Military Establishment ◽  
Geneva Conventions ◽  
Starting Point ◽  
Limited Application ◽  
Ethical Thinking

The article offers a retrospective analysis of the genesis of the just war theory and analyzes the reasons behind controversies over the concept in modern ethical thinking. The author emphasizes that the development of the just war theory throughout its history since Augustine was generally governed by a uniform approach rooted in common ethical concepts through each succeeding era. From the nineteenth century to the end of the twentieth, the theory evolved in close coordination with international law; at the conceptual level the just war theory began to merge with the UN Charter and the Geneva Conventions. Just war theory is now the starting point for both the professional military establishment and also for anyone judging the morality of a conflict. Nevertheless, the definitive status of this set of ethical views is increasingly coming into question. These doubts are to a great extent connected with transformations in the practice of war itself. The changing actors in armed conflicts constitute a challenge to the view that states rather than individual combatants are responsible for them. The true subject of just war theory is not law but morality, a fact often overlooked in the practical application of its ideas. Traditional just war theory has only limited application when the increasing inclusion of civilians in armed conflicts is taken into account. The theory papers over a number of contradictions rooted in the desire to create a set of codified rules for management of conflict while excluding the question of the justice of war itself. All these considerations lead ultimately to a revisionist theory of just war, which will be free from the shortcomings exposed by the author.

scholarly journals The Problem of Cyber Espionage in the International Humanitarian Law

2021 ◽  
pp. 70-80
Author(s):  
S. Yu. Garkusha-Bozhko
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Geneva Convention ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Practical Application ◽  
Additional Protocol ◽  
Cyber Espionage ◽  
The Hague

INTRODUCTION. The article analyses the problem of cyber espionage in the context of armed conflict in cyberspace. The relevance of this research, as part of the problem of international humanitarian law applying in cyberspace, is confirmed by the rapid development of cyber technologies that can be used during armed conflict, as well as the availability of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations.MATERIALS AND METHODS. The main sources of this research are the provisions of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, the rules of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the rules of the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of custom- ary international humanitarian law. The methodology consists of the principles used in legal research, as well as general scientific and special methods of legal research (system and formal legal methods).RESEARCH RESULTS. The provisions of the Tallinn Manual on cyber espionage were examined for compliance with the relevant provisions of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of customary international humanitarian law, as well as the problems that may arise in the process of possible practical application of this provision of the Tallinn Manual.DISCUSSION AND CONCLUSIONS. It is noted that the provisions of the Tallinn Manual 2.0 on cyber espionage are based on the relevant rules of international law. In fact, the relevant provision of the Tallinn Manual is completely copied from the relevant rules of IHL. However, based on the results of this research, the author comes to the conclusion that such blind copying does not take into account the specifics of cyberspace and leads to the following problems in the possible practical application of this provision of the Tallinn Manual: firstly, due to the anonymity of users, it will be difficult to distinguish between a cyber intelligence officer and a cyber spy in practice. Secondly, due to the difficulties in establishing clear state borders in cyberspace, including due to the use of blockchain and VPN technologies, in practice it is impossible to reliably establish whether secret information was collected on the territory of the enemy, which, in turn, leads to difficulties in qualifying such an act as cyber espionage. Finally, in the context of modern armed conflicts, espionage has ceased to be a phenomenon exclusively of international armed conflicts, and therefore it is likely that cyber espionage can be carried out not only in the context of an international armed conflict, but also in the context of a non-international armed conflict. Based on the results of this research, suggestions were made to develop state practice on this issue. It is desirable that States raise the discussion of the above issues at the UN General Assembly, which would help to identify the main trends in the development of such practices. Only And only after the practice of States on this issue becomes more obvious, the question of developing an appropriate international treaty, preferably within the UN, can be raised.

scholarly journals Legislative Restrictions on Participation in Armed Conflicts in Latvia

2021 ◽  
Vol 3 (21) ◽  
pp. 105-114
Author(s):  
Vitolds Zahars ◽  
Vita Upeniece
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Military Service ◽  
Armed Conflict ◽  
Armed Forces ◽  
Armed Conflicts ◽  
Military Experience ◽  
International Operations ◽  
The Law ◽  
The Republic

Regulation of the Republic of Latvia ensures limitation of both illegal participation in armed conflicts and gaining unwanted military experience. The article analyses norms of the Criminal Law and the National Security Law which restrict the service in the armed forces of other countries and participation in the armed conflicts. These norms have been studied in connection with the norms of the Citizenship Law and the Law On Participation of Latvian National Armed Forces in International Operations. The purpose of the article is to propose the possible solutions to the identified problems, by analysing the stated regulation, in order to reduce the possible unintentional violation of the regulation by individuals. The historical, analytical, systemic and teleological methods have been used in the preparation of the article. Keywords: participation in the armed conflict, military service, Latvian citizenship, non-citizen.

scholarly journals Devising a procedure for substantiating the type and volume of redundant structural-functional elements of reconnaissance-firing systems

2021 ◽  
Vol 2 (3 (110)) ◽  
pp. 31-42
Author(s):  
Oleksandr Maistrenko ◽  
Oleksandr Karavanov ◽  
Oleksii Riman ◽  
Volodymyr Kurban ◽  
Andrii Shcherba ◽  
...  
Keyword(s):  
Mixed Type ◽  
Reliability Assessment ◽  
Assessment Methods ◽  
Armed Conflicts ◽  
Practical Application ◽  
Functional Elements ◽  
Control Subsystem ◽  
Critical Elements ◽  
Firing System

This paper proposes an algorithm for substantiating the type and volume of redundant structural and functional elements of reconnaissance-firing systems, taking into consideration the operational patterns of such systems. Underlying this algorithm is the combination of survivability assessment methods and reliability assessment methods. Such an arrangement aimed to improve the efficiency of the application of these methods and reduce uncertainty in the calculations. The results from calculating an example of the application of a procedure for substantiating the type and volume of redundant structural and functional elements of reconnaissance-firing systems have been analyzed. The analysis of the results shows that the set task is fulfilled, in particular the specified probability of trouble-free functioning of a reconnaissance-firing system, with a combined type of redundancy. Moreover, it implies giving preference to passive redundancy, using active one only to critical elements – individual functional elements of the control subsystem. The advantage of a mixed type of redundancy over a passive redundancy is 28 %. In addition, it has been established that the multiplicity of redundancy, for accepted conditions, should not be lower than 2. A procedure for substantiating the type and volume of redundant structural and functional elements of reconnaissance-firing systems has been devised, taking into consideration the operational patterns of such systems. The specified procedure includes an algorithm, as well as methods for assessing survivability and methods for assessing the reliability of functioning. This procedure was tested for feasibility by considering an example of justifying the type and volume of redundant structural and functional elements of reconnaissance-firing systems that produced an adequate result. The result has been confirmed by the practical application of reconnaissance-firing systems in recent armed conflicts

Progress In The Practical Application Of Automated Image Analysis To Tem Negatives

1977 ◽  
Vol 35 ◽  
pp. 214-217
Author(s):  
F. A. Heckman ◽  
E. Redman ◽  
J.E. Connolly
Keyword(s):  
Image Analysis ◽  
Image Quality ◽  
Exposure Time ◽  
Image Contrast ◽  
Automated Image Analysis ◽  
Practical Application ◽  
Factors Affecting ◽  
High Image Quality ◽  
Qualitative Evidence ◽  
Comprehensive Study

In our initial publication on this subject1) we reported results demonstrating that contrast is the most important factor in producing the high image quality required for reliable image analysis. We also listed the factors which enhance contrast in order of the experimentally determined magnitude of their effect. The two most powerful factors affecting image contrast attainable with sheet film are beam intensity and KV. At that time we had only qualitative evidence for the ranking of enhancing factors. Later we carried out the densitometric measurements which led to the results outlined below.Meaningful evaluations of the cause-effect relationships among the considerable number of variables in preparing EM negatives depend on doing things in a systematic way, varying only one parameter at a time. Unless otherwise noted, we adhered to the following procedure evolved during our comprehensive study:Philips EM-300; 30μ objective aperature; magnification 7000- 12000X, exposure time 1 second, anti-contamination device operating.

Fifth Edition: the New Standard

2000 ◽  
Vol 5 (6) ◽  
pp. 1-7
Author(s):  
Christopher R. Brigham ◽  
James B. Talmage ◽  
Leon H. Ensalada
Keyword(s):  
Musculoskeletal System ◽  
Medical Information ◽  
Objective Assessment ◽  
Scientific Data ◽  
Practical Application ◽  
Fourth Edition ◽  
Appropriate Use ◽  
Medical Evaluation ◽  
Single Set

Abstract The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fifth Edition, is available and includes numerous changes that will affect both evaluators who and systems that use the AMA Guides. The Fifth Edition is nearly twice the size of its predecessor (613 pages vs 339 pages) and contains three additional chapters (the musculoskeletal system now is split into three chapters and the cardiovascular system into two). Table 1 shows how chapters in the Fifth Edition were reorganized from the Fourth Edition. In addition, each of the chapters is presented in a consistent format, as shown in Table 2. This article and subsequent issues of The Guides Newsletter will examine these changes, and the present discussion focuses on major revisions, particularly those in the first two chapters. (See Table 3 for a summary of the revisions to the musculoskeletal and pain chapters.) Chapter 1, Philosophy, Purpose, and Appropriate Use of the AMA Guides, emphasizes objective assessment necessitating a medical evaluation. Most impairment percentages in the Fifth Edition are unchanged from the Fourth because the majority of ratings currently are accepted, there is limited scientific data to support changes, and ratings should not be changed arbitrarily. Chapter 2, Practical Application of the AMA Guides, describes how to use the AMA Guides for consistent and reliable acquisition, analysis, communication, and utilization of medical information through a single set of standards.

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