The civilianization of armed conflict: trends and implications

2008 ◽  
Vol 90 (872) ◽  
pp. 835-852 ◽  
Author(s):  
Andreas Wenger ◽  
Simon J. A. Mason

AbstractCivilians play an increasingly important and complex role in armed conflicts, both as victims and as perpetrators. While this overall trend towards ‘civilianization’ encompasses all types of present-day conflicts, it is twofold: it takes on a very different nature in high-technology warfare than in the context of low-technology combats that are typical of many civil wars. This article explores these two trends, shows how they merge in asymmetric warfare and outlines key implications for international stabilization and state-building efforts. The present-day conflict landscape is presented from a security policy point of view, placing the ongoing debates on the civilian participation in hostilities in a broader strategic context.

Daedalus ◽  
2017 ◽  
Vol 146 (1) ◽  
pp. 59-70
Author(s):  
Allen S. Weiner

A central element of the dominant view of just war theory is the moral equality of soldiers: combatants have equal rights to wage war against one another and are entitled to certain protections if captured, without regard to which side's cause of war is just. But whether and how this principle should apply in asymmetric armed conflicts between states and nonstate groups is profoundly unsettled. I argue that we should confer war rights on fighters for nonstate groups when they are engaged in violence that has risen to the level of armed conflict, and when the state against which the war is being waged is not entitled to assert its monopoly on the legitimate exercise of force, either because 1) the nonstate group has established sufficient control over territory to assert its own governing authority; or 2) because the group is located abroad. Conferring war rights on nonstate fighters does not, however, permit them to engage in acts that violate the laws of war. Fighters who commit such violations are individually subject to prosecution without regard to their group's entitlement to war rights.


Author(s):  
Betcy Jose ◽  
Peace A. Medie

Studies have shown that civilians are often intentionally targeted in civil wars and that civilian protection efforts launched by the international community have not always been successful, if they occur at all. Civilians, therefore, have had to rely on themselves for protection in most conflicts. However, despite the pervasiveness of civilian self-protection (CSP) and its success at protecting civilians from violence in some cases, it is rarely discussed in the civilian protection literature, and its impact on civilian targeting is inadequately explored. Addressing this gap in the study and practice of civilian protection by carefully conceptualizing CSP and appreciating its role in civil war dynamics can further scholarly and practitioner discussions on civilian protection. CSP is defined as (a) actions taken to protect against immediate, direct threats to physical integrity imposed by belligerents or traditional protection actors; (b) primarily selected and employed by civilians; and (c) employed during an armed conflict. CSP strategies can be organized into three categories. The first, non-engagement, describes strategies in which civilians do not interact with belligerents or traditional protection actors who pose a threat to them. The second, nonviolent engagement, entails some interaction with one or more actors who may harm civilians. The third, violent engagement, includes CSP strategies that incorporate physical violence. These CSP strategies may actually render civilians more vulnerable to threats. First, some CSP strategies might lock civilians into unpredictable relationships with belligerents, which can become dangerous. Second, allying with one set of belligerents might lead to targeting by opposition forces, who view these CSP strategies as crucial support for their enemies. Third, civilians may overestimate how successful their CSP strategies can be, exposing them to harm. Fourth, civilian use of violence may cause belligerents to view them as threats, leading to intentional targeting. Appreciation of the reasons why civilians engage in CSP and understanding when and how this may endanger them can inspire more effective protection policies, as well as advance our understanding of civil war dynamics. For instance, further study on these issues can provide some insights into the conditions under which CSP is effective in protecting civilians and how the international community can support CSP. This information could be particularly useful in the design and execution of peacekeeping strategies that are sensitive to the efforts and needs of conflict-affected communities. Additionally, studying CSP can advance the vast literature on civilian targeting by shedding additional light on why belligerents kill civilians.


2019 ◽  
Vol 57 (3) ◽  
pp. 377-391 ◽  
Author(s):  
Noel Twagiramungu ◽  
Allard Duursma ◽  
Mulugeta Gebrehiwot Berhe ◽  
Alex de Waal

ABSTRACTThis paper discusses the principal findings of a new integrated dataset of transnational armed conflict in Africa. Existing Africa conflict datasets have systematically under-represented the extent of cross-border state support to belligerent parties in internal armed conflicts as well as the number of incidents of covert cross-border armed intervention and incidents of using armed force to threaten a neighbouring state. Based on the method of ‘redescribing’ datapoints in existing datasets, notably the Uppsala Conflict Data Project, the Transnational Conflict in Africa (TCA) data include numerous missing incidents of transnational armed conflict and reclassify many more. The data indicate that (i) trans-nationality is a major feature of armed conflict in Africa, (ii) most so-called ‘civil wars’ are internationalised and (iii) the dominant definitions of ‘interstate conflict’ and ‘civil war’ are too narrow to capture the particularities of Africa's wars. While conventional interstate war remains rare, interstate rivalry using military means is common. The dataset opens up a research agenda for studying the drivers, patterns and instruments of African interstate rivalries. These findings have important implications for conflict prevention, management and resolution policies.


Author(s):  
Kristian Skrede Gleditsch

Civil war is the dominant form of armed conflict in the contemporary international system, and most severe lethal armed conflicts in the post-Cold War era have been civil/intrastate rather than interstate. Still, it would be misleading to see these conflicts as purely domestic, as many contemporary civil wars such as Syria display clear transnational characteristics, including inspirations from events in other countries, links to actors in other countries, as well as international interventions. Moreover, civil wars often have important implications for other states, including security concerns and economic impacts. There is a need to focus on the growth and core findings in the literature on transnational dimensions of civil war, in particular on how factors outside a particular state can influence the risk of conflict within states as well as some of the central consequences of domestic conflict for other states or relations between states. This line of research has helped expand our understanding of both civil conflict and interstate war, and that a comparative focus on varieties conflict and attention to the possible transnational dimensions of civil war deserve a prominent role in future research.


2021 ◽  
Vol 81 (2) ◽  
pp. 42-49
Author(s):  
O. V. Cherviakova ◽  
R. V. Sytnyk ◽  
M. M. Honcharenko

The sovereignty and territorial integrity of Ukraine have been violated for more than seven years, part of the territories of Donetsk and Luhansk regions, the Autonomous Republic of Crimea are temporarily not under the control of the sovereign. Researchers and reintegration experts pay attention to the categories of effective and general control in these circumstances. Both concepts from the point of view of historical and law-making importance have significantly influenced the development of international public law and the state responsibility institution involved in armed conflicts, but accomplish this not directly, but through third parties of the conflict: a state controls the behavior of individuals or groups of individuals on the territory of another state. It is possible to appropriate the actions of individuals to the state through the concepts of state and effective control at the international level, although such evidence is extremely difficult in some cases, since the relationship is carefully concealed and the state denies its involvement in international armed conflict. The establishment and recognition of such a relationship between a state and a person or a group of persons, as well as the disclosure of the causal link between governmental actions and the conduct of individuals becomes the subject matter of proving at the international level in case of applying the concepts of effective and general control. In particular, the United Nations International Court of Justice and the European Court of Human Rights are actively working with the concepts of effective and general control to deal with cases of violating human rights, international humanitarian law on the territories of armed conflict. All this determines the relevance of the research of these concepts for their subsequent practical application to prove the fact of involvement of certain subjects of international law in armed conflicts. In this aspect, the development of the concept of effective or general control can facilitate the solution of topical issues of Ukraine’s domestic and foreign policy. The analysis of this concept can be taken as arguments that the conflict in Ukraine should be classified as international, armed aggression of the Russian Federation is being carried out against Ukraine.


Author(s):  
Jure Zrilic

Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift towards safeguarding a state’s security interests in recent treaty practice. The book identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimizing the devastating effects of armed conflict. It offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types conflicts. It argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.


2009 ◽  
Vol 91 (874) ◽  
pp. 431-445 ◽  
Author(s):  
Patrick Brugger

AbstractHumanitarian work, especially in conflict areas, has become more dangerous and every humanitarian organization is affected by serious security problems, constituting a threat to their staff and hampering much-needed activities on behalf of the victims of armed conflicts and other situations of collective armed violence. The article outlines the general approach of the ICRC to security issues and describes the pillars of the security policy it has adopted in the field to protect its operational staff.


2011 ◽  
Vol 93 (881) ◽  
pp. 121-139 ◽  
Author(s):  
Sadia Tabassum

AbstractThe Islamic law on rebellion offers a comprehensive code for regulating the conduct of hostilities in non-international armed conflicts and thus it can be used as a model for improving the contemporary international legal regime. It not only provides an objective criterion for ascertaining existence of armed conflict but also recognizes the combatant status for rebels and the necessary corollaries of their de facto authority in the territory under their control. Thus it helps reduce the sufferings of civilians and ordinary citizens during rebellion and civil wars. At the same time, Islamic law asserts that the territory under the de facto control of the rebels is de jure part of the parent state. It therefore answers the worries of those who fear that the grant of combatant status to rebels might give legitimacy to their struggle.


2018 ◽  
Vol 24 (2) ◽  
pp. 184-188
Author(s):  
Sabin Guțan

Abstract The issue of the existence of the internal armed conflict concerns both legal factors and political factors (recognition of the existence of the internal armed conflict). From a legal point of view, to declare a violent social phenomenon as internal armed conflict, we must resort to the specific rules of international humanitarian law: Article 3 common to the Geneva Conventions of 1949 and Article 1 of the First Additional Protocol to these conventions of 1977. However, these regulations, while describing the general parameters of the existence of an internal armed conflict, do not establish clear legal criteria for delimiting the internal armed conflict of internal tensions and disturbances or other forms of non-armed conflicts. This regulatory shortcoming has led to the emergence in the jurisprudence of some states, but also in the international one, of criteria for the existence of the internal armed conflict


2020 ◽  
pp. 181-209
Author(s):  
Adriana Fillol Mazo

The objective of this paper is to examine the specific provisions, within the framework of International Humanitarian Law (IHL), that protect the human right to food of the civilian population and to observe to what extent the protection of access to food is an issue taken into account by IHL during the development of an armed conflict. Answering these questions requires a detailed analysis of this branch of international law, in order to identify the specific rules of IHL that aim, directly or indirectly, to ensure that civilians do not see denied their access to food during the armed conflict, whether international or non-international.  In many armed conflicts, a greater number of civilians die from food deprivation than as a direct result of hostilities. In this sense, the Statute of the International Criminal Court criminalizes those acts that, during the armed conflict, violate IHL prohibitions related to food issues, thus we will also mention them, with the aim of clarifying the possible individual criminal responsibility attributed to those who carry out such acts. The scientific method that has been used in this work is the legal-sociological method, insofar as it is the one that we consider most appropriate for the multidisciplinary approach, always from the legal point of view, regarding the understanding of the rules, the lack of them, their effectiveness, their rationale, etc.  This method is based on the idea that law cannot be studied as an isolated domain but must be analysed as part of social reality. The elaboration of this work, with a multidisciplinary object, has also required the use of several methodological techniques, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.


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