Domestic regulation of international humanitarian relief in disasters and armed conflict: a comparative analysis

2007 ◽  
Vol 89 (866) ◽  
pp. 345-372 ◽  
Author(s):  
David Fisher
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Regulatory Control ◽  
Humanitarian Relief ◽  
Similarities And Differences ◽  
Relief Operations ◽  
Domestic Regulation ◽  
Regulatory Problems

AbstractIn both disasters and armed conflicts, domestic regulatory control over the entry and operation of international humanitarian relief operations can significantly affect their ability to address the critical needs of affected persons. The types of regulatory problems that arise, such as customs barriers, visa issues and taxation of aid, are often similar, but both the underlying dynamics and the applicable international law can be quite different. This article analyses these similarities and differences and suggests distinct steps that might be taken to move forward in the two contexts.

scholarly journals Humanitarian Access

2018 ◽  
Vol 112 ◽  
pp. 266-268
Author(s):  
Michael Bothe
Keyword(s):  
International Law ◽  
Armed Conflicts ◽  
Humanitarian Relief ◽  
Basic Principles ◽  
Relief Operations

Access to the victims of armed conflicts for humanitarian relief operations is vital for the survival of those victims, especially for the most vulnerable ones. What can international law do to facilitate and secure such access? These remarks shall pinpoint some basic principles and problems.

Territorial Control by Armed Groups and the Regulation of Access to Humanitarian Assistance

2017 ◽  
Vol 50 (1) ◽  
pp. 25-47 ◽  
Author(s):  
Tom Gal
Keyword(s):  
Armed Conflict ◽  
Humanitarian Assistance ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Humanitarian Relief ◽  
Geneva Conventions ◽  
Occupied Territories ◽  
Relief Operations

Humanitarian assistance is essential for the survival of the civilian population and peoplehors de combatin the theatre of war. Its regulation under the laws of armed conflict tries to achieve a balance between humanitarian goals and state sovereignty. This balance, reflected in the provisions of the 1949 Geneva Conventions and their Additional Protocols, is not as relevant to contemporary armed conflicts, most of which involve non-state armed groups. Even those provisions relating to humanitarian assistance in conflicts involving non-state armed groups fail to address properly the key features of these groups, and especially their territorial aspect. This article proposes a different approach, which takes into consideration and gives weight to the control exercised by non-state armed groups over a given territory. Accordingly, it is suggested that provisions regulating humanitarian relief operations in occupied territories should apply to territories controlled by armed groups. This approach views international humanitarian law first and foremost as an effective, realistic and practical branch of law. Moreover, it has tremendous humanitarian advantages and reflects the aims and purposes of the law, while considering the factual framework of these conflicts.

Introduction

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Research Methodology ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Normative Framework ◽  
Comprehensive Examination

This chapter introduces the central aim of this book: to provide a comprehensive examination of the notion, process, and effects of internationalization of armed conflicts in international law. It presents a brief research overview, outlining the scope of the enquiry, the research methodology, and the structure of the book. It then lays out the conceptual and normative framework for the rest of the book. To that end, it first justifies the need for the present study by confirming the continuing distinction between international and non-international armed conflicts in international law. Then, it puts forward a conception of internationalization that expresses the legal transformation from a non-international to an international armed conflict.

Of Rebels, Insurgents, and Belligerents

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Laws Of War ◽  
Armed Group ◽  
State Practice

The first chapter opens the substantive analysis of the organization requirement for non-state parties to armed conflicts. First, it briefly examines why the laws of war have originally been state-focused, and shows how this state focus coined international law requirements of main characteristics of a party to an armed conflict. Second, it analyses how philosophers broadened the legal notion of ‘war’ as to include conflicts involving certain non-state entities. Subsequently, this chapter examines state practice to identify which qualities a non-state armed group needed to possess to obtain the ‘belligerent’ status. It also examines the question of which kind of entities could qualify as ‘insurgents’ or ‘rebels’.

New code for the protection of civilian population and property during armed conflict

1980 ◽  
Vol 20 (219) ◽  
pp. 287-315 ◽  
Author(s):  
Ionel Gloşcă
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Treaties ◽  
Civilian Population ◽  
State Activity ◽  
The Holocaust ◽  
Definition Of ◽  
Do So

One of the principles underlying international law applicable in armed conflicts is that no act of war is permitted against the civilian population, consisting, by definition, of persons who take no part in the hostilities.Until the holocaust of 1939–45, international law gave practically no real protection to the civilian population in the event of war, and was not even intended to do so since up to that time war was considered to be a State activity from which civilians remained aloof. There were, nonetheless, general principles and rules in various international treaties which, in one way or another, related also to the civilian population.

scholarly journals INTERNATIONAL ENVIRONMENT PROTECTION DURING ARMED CONFLICT CASE STUDY: ISRAEL-LEBANON CONFLICT

2008 ◽  
Vol 38 (1) ◽  
pp. 35
Author(s):  
Arie Afriansyah
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Environment Protection ◽  
International Environment ◽  
State Liability

AbstrakDuring the last decade many armed conflicts were occurred between nationsor states. From that situation initially people just have interests throughhuman who been victim more than environment destructions that had beenaffected. Furthermore since those environment defects have influencedthrough human living then triggered awareness toward worst effect of thewar. The author by this article does configure how by conflict between Israeland Lebanon (Hezbollah) have shaped bad affects not only to local but alsoregionally through the environment. Under that elaboration then willexamine how to resolve the conflict under international law and also toascertain state liability through environment destruction what was ensued

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

Protecting the Environment During and After Armed Conflict, the International Law Commission and an Overdue Due Diligence Duty for Corporations

2021 ◽  
Vol 12 (2) ◽  
pp. 314-343
Author(s):  
Alexandra Wormald
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Due Diligence ◽  
Stakeholder Consultation ◽  
Global Consensus ◽  
International Law Commission ◽  
Law Commission

Abstract Recent years have seen a rising global consensus on the need to ensure appropriate protections for the environment during and after armed conflict. In this context, the International Law Commission provisionally adopted 28 draft principles on the protection of the environment in relation to armed conflicts in July 2019. With stakeholder consultation having concluded in June 2021, this article investigates what practical impacts the corporate due diligence and liability provisions in the draft principles are likely to have on the protection of the environment during and after armed conflict, should the principles be implemented as currently drafted.

5 Combatants and Non-Combatants

2021 ◽  
Author(s):  
Ipsen Knut
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Direct Part ◽  
Minimum Standard ◽  
Individual Protection ◽  
The Many ◽  
Enemy Combatant ◽  
The Individual

This chapter examines the regulation of combatant status in treaty law and the many challenges for combatant status in recent armed conflicts. The primary status under international law of persons in an international armed conflict will be one of two categories of persons: ‘combatants’ and ‘civilians’. Combatants may fight within the limits imposed by international law applicable in international armed conflict, that is, they may participate directly in hostilities, which members of medical or religious personnel and ‘non-combatants’ may not do because they are excluded—by international law and by a legal act of their party to the conflict—from the authorization to take a direct part in hostilities. The chapter then discusses ‘unlawful combatants’, or what may be considered the better term: ‘unprivileged belligerents’. The term ‘unlawful enemy combatant’ was particularly used after 11 September 2001, to introduce a third category of persons which under existing law may be either combatants or civilians, but are denied such status as not fulfilling essential conditions. To use this third category in order to reduce the individual protection below the minimum standard of human rights is under no circumstances legally acceptable.

The notion of “protracted armed conflict” in the Rome Statute and the termination of armed conflicts under international law: An analysis of select issues

2019 ◽  
Vol 101 (912) ◽  
pp. 1091-1115
Author(s):  
Dustin A. Lewis
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
General Category ◽  
Humanitarian Law ◽  
Principles And Standards

AbstractLegal controversies and disagreements have arisen about the timing and duration of numerous contemporary armed conflicts, not least regarding how to discern precisely when those conflicts began and when they ended (if indeed they have ended). The existence of several long-running conflicts – some stretching across decades – and the corresponding suffering that they entail accentuate the stakes of these debates. To help shed light on some select aspects of the duration of contemporary wars, this article analyzes two sets of legal issues: first, the notion of “protracted armed conflict” as formulated in a war-crimes-related provision of the Rome Statute of the International Criminal Court, and second, the rules, principles and standards laid down in international humanitarian law and international criminal law pertaining to when armed conflicts have come to an end. The upshot of the analysis is that under existing international law, there is no general category of “protracted armed conflict”; that the question of whether to pursue such a category raises numerous challenges; and that several dimensions of the law concerning the end of armed conflict are unsettled.

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