The humanitarian dimension of war — Protection of the individual, whether military or civilian

1992 ◽  
Vol 32 (287) ◽  
pp. 183-186
Author(s):  
Aristidis S. Calogeropoulos-Stratis
Keyword(s):  
Security Council ◽  
Armed Conflict ◽  
Just War ◽  
Use Of Force ◽  
Gulf War ◽  
Security Council Resolution ◽  
Armed Conflicts ◽  
National Liberation ◽  
Un Security Council ◽  
The Individual

Recently, a number of armed conflicts have broken out in Europe or not far away: armed conflicts between States — the Gulf War, for example, authorized by UN Security Council resolution 678 — or wars of national liberation, such as the armed conflict in Yugoslavia or the revolt in Kurdistan. Whether or not the use of force was legitimate in each of these situations, and even though the classic notion of a “just war” no longer exists, all parties to any armed conflict have a moral, legal and humanitarian obligation to abide by the laws and customs of war in the conduct of hostilities and indeed throughout the entire conflict.

scholarly journals Use of Force in Cyberspace

2020 ◽  
Vol 20 (2) ◽  
pp. 174-191
Author(s):  
Jozef Valuch ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Un Security Council ◽  
The Individual ◽  
Self Defence

Summary The ban on the use of force in current international law is of mandatory character. The only exceptions are actions under the auspices of the UN Security Council and self-defence. The article addresses the issue of the use of force, with particular emphasis on cyberspace. As the nature of the conflicts has changed in recent years as well as the space where the individual operations have been moving, a number of fundamental questions arise in this context, which the authors will try to answer.

Report on the Protection of Civilians in the Non International Armed Conflict in Iraq: 5 June – 5 July 2014; Human Rights Council Resolution S-22/1; & Security Council Resolution 2170, 2178

2015 ◽  
Vol 54 (2) ◽  
pp. 306-346 ◽  
Author(s):  
Jonathan P. Worboys
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Armed Conflict ◽  
Security Council Resolution ◽  
Human Rights Council ◽  
High Commissioner ◽  
Un Security Council ◽  
The United Nations

The United Nations (UN) Report on the Protection of Civilians in the Non International Armed Conflict in Iraq (Office of the High Commissioner for Human Rights and UN Assistance Mission for Iraq), UN Security Council Resolutions 2170 and 2178, and UN Human Rights Council Resolution S-22/1 (UN Documents) form a key part of the international community’s efforts to resolve, manage, and document the ongoing non-international armed conflict in Iraq.

scholarly journals United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones

2016 ◽  
Author(s):  
Rob McLaughlin
Keyword(s):  
United Nations ◽  
Security Council ◽  
Armed Conflict ◽  
Use Of Force ◽  
United Nations Security Council ◽  
Lethal Force ◽  
Law Of Armed Conflict ◽  
Un Security Council ◽  
The Law ◽  
Self Defence

This chapter examines UN Security Council practice with respect to the use of force in no-fly zones and maritime exclusion zones. It considers whether the law governing the zone is based or not based on the law of armed conflict (LOAC) and whether the law on the use of force inside the zone is essentially the same as that outside it. It also assesses the effect of the Security Council’s act of declaring or acquiescing in the zone on the law that is normally applicable in the ocean or airspace enclosed by the zone. The chapter also analyses whether the Security Council can authorize the use of lethal force for the purpose of enforcing a mandate despite the absence of LOAC authorization. It discusses the notion of a ‘third paradigm’ for use of lethal force and the concept of ‘self-defence’ endorsed by the Security Council (and the UN more generally).

Complex Conflict Situations

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Model Based ◽  
Conflict Situations ◽  
Single Use ◽  
The Law ◽  
Mutually Independent

This chapter analyses the legal qualification of complex conflict situations that feature more than two conflict parties. It examines whether such situations qualify as a single internationalized armed conflict or a number of independent international and non-international armed conflicts. With this in mind, this chapter puts forward a model based on the retention of autonomy of the allied conflict parties. It argues that once the autonomy is foregone and replaced with a single use of force by the parties, the law of international armed conflict applies ‘globally’ to the situation at hand. However, until that moment, the situation should be seen as ‘mixed’; in other words, as a set of mutually independent conflict pairs.

Outline of legal aspects of the conflict in the Middle East

1991 ◽  
Vol 31 (280) ◽  
pp. 28-30
Keyword(s):  
Middle East ◽  
Security Council ◽  
Armed Conflict ◽  
Legal Aspects ◽  
Security Council Resolution ◽  
Military Action ◽  
Geneva Conventions ◽  
Middle East Conflict

The Middle East conflict is beyond any doubt an international armed conflict as defined in Article 2 common to the Geneva Conventions of 12 August 1949.The fact that military action has been authorized by security council resolution 678 does not affect this definition or the application of the laws of armed conflict.

Sign in / Sign up

Export Citation Format

Share Document