Future war in cities: Urbanization's challenge to strategic studies in the 21st century

2016 ◽  
Vol 98 (901) ◽  
pp. 37-51 ◽  
Author(s):  
Michael Evans
Keyword(s):  
Architectural Design ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Art Of War ◽  
Cooperative Approach ◽  
Military Research ◽  
The Common ◽  
Armed Violence ◽  
Urban Demography ◽  
Strategic Studies

AbstractThis article argues that, despite an ongoing global revolution in urban demography, most Western military research into urbanization is narrowly focused and remains disengaged from the interdisciplinary expertise of urban studies. Because so many cities are sui generis in terms of their governance, architectural design and demographic composition, the art of war must seek closer interaction with the science of cities. In the coming years, in order to control armed violence and reduce casualties across an urbanizing world, military analysts must seek greater cooperation with urban specialists. The common aim must be to develop an urban-oriented strand of strategic studies that is firmly based on a sophisticated understanding of the ecology of cities. Such a cooperative approach will assist in the development of military methods of operating in cities using appropriate rules of engagement that embrace international humanitarian law.

Revisiting the Battle of Solferino: The Worsening Plight of Civilian Casualties in War and Conflict

2019 ◽  
Vol 13 (5-6) ◽  
pp. 837-841
Author(s):  
Frederick M. Burkle
Keyword(s):  
19Th Century ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
War Injuries ◽  
Golden Hour ◽  
Geneva Conventions ◽  
Asymmetric Conflicts ◽  
War And Conflict ◽  
Armed Violence ◽  
The 19Th Century

ABSTRACTThe toll of civilian deaths in current wars and conflicts has been building for decades. Civilian populations, particularly since WWII, have suffered most of the consequences of armed violence and today represent the most at-risk population. This is attributed to the rise of religious and ethnic hatreds, the collapse of State structures, the battle for control of natural resources, the vast availability of weapons, the proliferation of acts of terrorism, and the spread of so-called asymmetric conflicts. Protections provided to innocent civilians under International Humanitarian Law and the Geneva Conventions have been ignored. This commentary captures the experience of the immediate care and transportation provided to military casualties of the Battle of Solferino in 1859 with civilian casualties recently documented in a Stanford-led study during the “golden hour” after injury in 13 conflicts from 1990 to 2017. Despite many advances in triage and management of war injuries over the intervening decades, the common thread of these 2 scenarios is that transport times and early resuscitation capacity and capabilities, first recognized in the 19th century wars and now accepted as global norms and markers for survival from trauma, are as unavailable today to civilians caught up in war and conflict as they were to soldiers in the 19th century.

Armed violence in fragile states:

2009 ◽  
Vol 91 (873) ◽  
pp. 127-142 ◽  
Author(s):  
Robin Geiβ
Keyword(s):  
Extended Period ◽  
Spillover Effects ◽  
International Humanitarian Law ◽  
Fragile States ◽  
Humanitarian Law ◽  
Security Threat ◽  
Gradual Process ◽  
Perceived Security ◽  
Armed Violence ◽  
Failing States

AbstractThe gradual process of state failure is commonly accompanied by armed violence. Apart from occasional outbreaks, armed violence in fragile states tends to smoulder with relatively low intensity, often over an extended period of time. The actual level of violence may oscillate around the level of violence that is commonly accepted as triggering the application of international humanitarian law (IHL). In addition, because of the specific objectives typically – though not necessarily always – pursued by armed groups in failed state conflict scenarios, cross-border spillover effects are fairly frequent. The qualification of armed violence in such scenarios according to the conflict categories laid down in IHL thus raises some rather specific issues. Moreover, weak states, failing states, and ultimately failed states are increasingly perceived as a key threat to international security. States seem increasingly inclined to assume sporadic order maintenance functions in the place of disabled governments so as to maintain the perceived security threat at a tolerable level. Current efforts to repress acts of piracy off the coast of Somalia are an evident case in point. Since the Security Council, in Resolution 1851, at least implied the possibility of applying IHL in that specific context, the application of this legal regime to sporadic law enforcement operations by third parties also demands further scrutiny.

Contestation before Compliance: History, Politics, and Power in International Humanitarian Law

2020 ◽  
Vol 64 (3) ◽  
pp. 649-656
Author(s):  
Helen M Kinsella ◽  
Giovanni Mantilla
Keyword(s):  
International Relations ◽  
Historical Development ◽  
International Politics ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Common Reference ◽  
Military Necessity ◽  
The Common ◽  
Legal Concepts ◽  
Strategic Effects

Abstract Despite the common reference to international humanitarian law (IHL) in the discourse and practice of international politics, international relations (IR) scholarship has yet to consistently engage in an analysis of IHL that extends beyond the relatively narrow specifications of its regulative and strategic effects. In this theory note, we argue that this prevailing focus leaves the discipline with an impoverished understanding of IHL and its operation in international politics. We propose that the study of IHL should be expanded through a deeper engagement with the law's historical development, the politics informing its codification and interpretation, and its multiple potential effects beyond compliance. This accomplishes three things. First, it corrects for IR's predominantly ahistorical approach to evaluating both IHL and compliance, revealing the complicated, contested, and productive construction of some of IHL's core legal concepts and rules. Second, our approach illuminates how IR's privileging of civilian targeting requires analytical connection to other rules such as proportionality and military necessity, none of which can be individually assessed and each of which remain open to debate. Third, we provide new resources for analyzing and understanding IHL and its contribution to “world making and world ordering.”

Commentary: The Yugoslavia Tribunal and the Common Core of Humanitarian Law Applicable to all Armed Conflicts

2000 ◽  
Vol 13 (3) ◽  
pp. 619-653 ◽  
Author(s):  
Sonja Boelaert-Suominen
Keyword(s):  
Common Core ◽  
Armed Conflict ◽  
The Body ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Internal Armed Conflict ◽  
Geneva Conventions ◽  
The Common ◽  
The Hague

This article discusses the contribution made by the jurisprudence of the Yugoslavia Tribunal to the articulation of the body of international humanitarian law that applies to all armed conflicts, regardless of whether they are international or internal. The Tadić Jurisdiction Decision rendered by the Appeals Chamber in 1995 set the stage for a substantial “rapprochement” of the regulatory content of war crimes committed in international and internal armed conflict, using Common Article 3 of the Geneva Conventions as the main vehicle. The first judgements have contributed greatly to the expansion of the body of “Geneva law” applicable to all armed conflicts. More recently, the Tribunal has started to examine cases of armed conflicts per se, in which perpetrators have been charged with violation of the “Hague law”, i.e., the law relating to the conduct of hostilities. The end result of this development will be elaboration of a common core of Geneva law and Hague law applicable to all armed conflicts that have reached the threshold of Common Article 3 of the Geneva Conventions.

scholarly journals Reconciliation of Humanitarian Law and Human Rights Law in Armed Conflict

2019 ◽  
Vol 5 (2) ◽  
pp. 209
Author(s):  
Muhammad Ashri
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Conflict Situations ◽  
Common Thread ◽  
The Common ◽  
The Difference ◽  
General Instrument

A common insight on human rights law as an instrument that aimed to protect the human dignity and values are often regarded to be separate from international humanitarian law. In relation to the norms, the difference between the two concepts related to the current conflict arise many debates. This paper reviews the common thread of the two international legal instruments. The connection between the two can be elaborated by explaining the concept; similarities and dissimilarities; and linking the basis for the establishment of legal instruments between human rights law and international humanitarian law. The results of research indicated that between international humanitarian law and human rights law have relevant rules applied in conflict situations. International humanitarian law as an instrument of international law is specifically applied in situations of armed conflict, whereas human rights law as a general instrument can be applied both in peace or conflict conditions. In a condition of armed conflict, international humanitarian law as a lex specialist is not widely interpreted to set aside human rights law. Human rights law is applied if facts or incidents exist in armed conflict that is contrary to human values.

ICRC Privilege in Canada

2016 ◽  
Vol 53 ◽  
pp. 144-171 ◽  
Author(s):  
CRAIG BRANNAGAN ◽  
CHRISTOPHER WATERS
Keyword(s):  
International Law ◽  
Common Law ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Customary International Law ◽  
The Common ◽  
Court Proceedings ◽  
Testimonial Privilege

AbstractThis article explores whether the International Committee of the Red Cross (ICRC) enjoys testimonial privilege before Canadian courts. The authors argue that there is strong evidence to suggest that customary international law requires that the ICRC be granted a privilege not to testify or disclose confidential information in domestic court proceedings. Such a privilege, they argue, is entailed by the ICRC’s mandate to engage in international humanitarian law protection activities using confidential means. Given that customary international law forms part of the common law in Canada, the authors argue that this privilege should be recognized by Canadian courts despite its potentially uneasy fit with traditional Canadian evidence law.

International Humanitarian Law

2020 ◽  
Author(s):  
Emily Crawford ◽  
Alison Pert
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law

Using African Truth and Reconciliation Commission documentation for truth telling and reconciliation

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Reconciliation Process

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.

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