Natural Disaster in Armed Conflict Area: The Implementation of the Doctrine of Responsibility to Protect in the ASEAN

2021 ◽  
pp. 109-132
Author(s):  
Natalia Y. Puspita
Keyword(s):  
Natural Disaster ◽  
Armed Conflict ◽  
Responsibility To Protect ◽  
Conflict Area

Fratelli tutti and the Responsibility to Protect

2021 ◽  
Vol 18 (1) ◽  
pp. 5-14
Author(s):  
Drew Christiansen ◽  
Keyword(s):  
Moral Reasoning ◽  
Armed Conflict ◽  
Just War ◽  
Use Of Force ◽  
The State ◽  
Responsibility To Protect ◽  
Pope Francis ◽  
Just War Tradition ◽  
The Military

Fratelli tutti expresses skepticism about the ability of the just-war tradition to provide guidance on the state use of force. It is dismissive of a whole range of rationales for going to war. In rejecting humanitarian “excuses,” Pope Francis puts to question the Church’s support even for armed enforcement of the Responsibility to Protect (R2P). In place of abstract moral reasoning, Francis invites contemplation of the suffering of the victims of war. He expands the horizon of analysis from particular acts to consideration of the cascading consequences of war. He invites the military to color their warrior ethic with the kindness of Christ. In practice, his teaching implies increased attention to the ius postbellum and “the responsibility to rebuild” after armed conflict.

scholarly journals The Function of Diplomatic Missions in Times of Armed Conflict or Foreign Armed Intervention

2012 ◽  
Vol 81 (4) ◽  
pp. 387-406
Author(s):  
J. Craig Barker
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
The State ◽  
Responsibility To Protect ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
The Face ◽  
Armed Intervention

This article examines Raoul Wallenberg’s work as a diplomat in Budapest between June 1944 and January 1945. It suggests that Wallenberg’s legacy was initially very limited as a result of the state-centric approach to the codification of diplomatic law in the Vienna Convention on Diplomatic Relations 1961. Nevertheless, it is argued that the emergence of the so-called “new” diplomacy, coupled with the developing notion of “responsibility to protect” in the face of gross violations of human rights, such as those faced by Wallenberg, have opened up the possibility for diplomats to engage in the process of protecting civilian populations in times of internal strife

‘Children Heard, Half-Heard?’: A Practitioner’s Look for Children in the Responsibility to Protect and Normative Agendas on Protection in Armed Conflict

2018 ◽  
Vol 10 (1-2) ◽  
pp. 19-56 ◽  
Author(s):  
Jeremy Shusterman ◽  
Michelle Godwin
Keyword(s):  
Child Protection ◽  
Armed Conflict ◽  
Responsibility To Protect ◽  
Crimes Against Humanity ◽  
Ethnic Cleansing ◽  
Field Officer ◽  
Variable Success ◽  
Definition Of ◽  
Reporting Mechanism ◽  
The Impact

When the United Nations (un) agreed on a definition of the Responsibility to Protect (r2p) at the 2005 World Summit, the two paragraphs it endorsed articulated what r2p stands for, giving the concept a focused but narrow remit around protecting populations specifically from genocide, war crimes, ethnic cleansing and crimes against humanity in armed conflict. In its next paragraph, the un Membership reiterated concerns on the impact of armed conflict on children echoing the landmark 1612 Resolution by the Security Council on Children and Armed Conflict (caac) adopted a few weeks before. Though side-by-side in the text, caac and r2p were not linked. To this day, for international practitioners in emergency responses, the interaction between both remains unclear. While this simultaneous peak moment for r2p and caac may have occurred by chance, this article describes how both concepts (as advocacy tools and instruments for practitioners to ‘respond’) emerged out of similar concern for protecting civilians – including children – in conflict. However, the link between both concepts should not be overstated. While r2p and caac fit together for the intentions they share, this happened more coincidentally than purposefully. This article argues, taking an international practitioner’s perspective, that both concepts should not be understood as always operating at the same level. caac has grown from an advocacy platform to an umbrella of different programmes, responses, tools and frameworks, including the Monitoring and Reporting Mechanism (mrm) on Children and Armed Conflict. Even if applied with variable success, these tools and approaches under the caac agenda chart some ways practitioners can hope to do more towards protecting children in conflict. But for those same practitioners, delivering on a Responsibility to Protect is a different question – one where their ‘responsibility’ is at best secondary and implicit, because r2p sits squarely as a primary and explicit responsibility of states – who are also the ultimate duty bearers for children’s rights. While the echoes of a child rights agenda can be heard in the conversation around r2p, and while r2p can help frame and drive efforts by child protection practitioners to respond to some of the worst situations children face, r2p is, for the protection agency field officer, an aspirational goal, necessarily out of reach.

The Responsibility to Protect as International Crimes Prevention

2012 ◽  
Vol 4 (1) ◽  
pp. 33-66 ◽  
Author(s):  
Don Hubert ◽  
Ariela Blätter
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Responsibility To Protect ◽  
Crimes Against Humanity ◽  
Ethnic Cleansing ◽  
Organizational Policy ◽  
World Summit ◽  
Civilian Population ◽  
International Crimes ◽  
Insufficient Attention

In 2005 the UN’s World Summit endorsed the idea that its members have a responsibility to prevent and halt genocide, crimes against humanity, ethnic cleansing and war crimes. Insufficient attention has been paid to clarifying how the definitions and evolving jurisprudence relating to these international crimes can provide clarity in identifying the unlawful acts that the Responsibility to Protect seeks to prevent and to halt. Specifically, an analysis of the elements of the crimes establishes the following parameters: attacks directed against any civilian population, committed in a widespread or systematic manner, in furtherance of a state or organizational policy, irrespective of the existence of discriminatory intent or an armed conflict. This conclusion makes reference to four ‘crimes’ redundant: crime against humanity alone provides an appropriate framework for conceptualizing and implementing the Responsibility to Protect. Although analysts focused on international crimes tend to prioritize accountability, such an approach need not be reactive. The essence of the Responsibility to Protect is best characterized as international crimes prevention.

Medical Supplies for Emergency Medical Actions

1985 ◽  
Vol 25 (247) ◽  
pp. 230-232
Author(s):  
R. Russbach
Keyword(s):  
Natural Disaster ◽  
Armed Conflict ◽  
Red Cross ◽  
Emergency Relief ◽  
Practical Advice ◽  
Medical Supplies ◽  
Emergency Medical ◽  
Circular Letter ◽  
Medical Material

The following circular letter was sent by the ICRC and League chief medical officers to all the National Red Cross and Red Crescent Societies with a view to rationalizing consignments of medicaments and medical material for emercency medical actions. The circular letter contains practical advice and precise rules to be observed when selecting and packaging emergency relief medicaments.The success of emergency action in cases of natural disaster or armed conflict depends of the degree of preparedness of personnel and material: it is not necessarily proportional to the number of volunteers or the volume of relief supplies hastily dispatched.

scholarly journals Kajian Yuridis Pernikahan Melalui Qadhi Liar (Studi Penelitian di Kabupaten Aceh Besar)

2017 ◽  
Vol 1 (2) ◽  
pp. 102-122
Author(s):  
Ratna Juita ◽  
Rusjdi Ali Muhammad ◽  
Imam Jauhari
Keyword(s):  
Armed Conflict ◽  
Islamic Law ◽  
Conflict Area ◽  
Polygamous Marriage ◽  
Aceh Province ◽  
Administrative Procedures ◽  
Legal Consequence ◽  
The Law ◽  
Appointed Officials

Berdasarkan UU No 1 Tahun 1974 tentang Perkawinan Pernikahan harus dicatatkan dan menurut agama masing-masing. Dalam agama Islam pernikahan harus memenuhi syarat dan rukun nikah baru dikatakan sah. Praktiknya, di Kabupaten Aceh Besar pernikahan ada melalui jasa qadhi liar. Permasalahan pokok penelitian ini yaitu: sejauh mana terjadinya pernikahan melalui qadhi liar dan bagaimana akibat hukumnya dan yang menjadi faktor penyebab terjadinya pernikahan melalui qadhi liar. Hasil penelitian sejauh ini di wilayah hokum Kabupaten Aceh Besar terjadi pasangan menikah melalui qadhi liar, dan telah ke Mahkamah Syar’iyah untuk melakukan istbat dan ditolak. Akibat hukum pernikahan melalui qadhi liar tidak sah. Faktor penyebab pernikahan melalui qadhi liar di wilayah hokum Kabupaten Aceh Besar yaitu: faktor ekonomi, faktor hamil diluar nikah, kurangnya pemahaman dan kesadaran masyarakat tentang pencatatan pernikahan, berselingkuh yang berkepanjangan, tidak mendapatkan izin untuk melakukan poligami, tidak memiliki wali, menghindari prosedur administrasi, untuk menghindari perzinahan, dan konflik Aceh. Kepada lembaga terkait untuk melakukan sosialisasi kepada masyarakat dan menindak tegas oknum-oknum yang memberikan jasa qadhi liar dan jangan memberikan celah hukum pelaku qadhi dan pasangan yang melakukan pernikahan menggunakan jasa qadhi liar. Pursuant to the Act Number 1, 1974 regarding Marriage, marriage must be recorded and conducted through its own religion. In Islamic law the marriage must fulfill requirements and conditions of marriage in order to be said valid. . In practice, in Aceh Besar District there are marriages conducted through the auspices of illegal marital authority. The problems of this research are to which extent the marriage through the illegal holder in Aceh Besar District region and how the legal consequence and what are the factors causing the marriage that is held by illegal holder. The research shows that nowadays in Aceh Besar District territories has been found the marriages conducted by illegal marriage register who are getting married through non-appointed officials, and there are cases which has been tried by MahkamahSyar’iyah (Special Court for Muslim in Aceh Province) to hold the remarriage as the previous one is not based on administrative procedures and it is rejected. The legal consequence from the marriage is not valid. Factors causing the marriage by illegal holders are in Aceh Besar are economy, pre marital pregnancy, lack of understanding and people awareness regarding marriage registration, long lasting infidelity, then has no license for polygamous marriage, has no guardian, avoid administrative procedures, avoid coverture and armed conflict area of Aceh. It is recommended that the related institutions to increase publications on the legal consequence of marriage conducted under the auspices of illegal holders and enforce law for them and no loop hole for them and for couples seeking the service as the aim of the marriage is mistaken by the law.

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