Wartime Is Peacetime: Undeclared Armed Conflict in the Late Twentieth and Early Twenty-First Centuries

Author(s):  
Bernardo Teles Fazendeiro

Abstract War has increasingly concealed itself by way of euphemism and undeclared armed conflict, a practice that has unsettled the distinction between wartime and peacetime. Each of the four books reviewed herein touches upon this topic, either directly or indirectly. Carson addresses the features of and reasons for covert operations over the course of the twentieth century, focusing on concerted concerns over the risk of escalation. Hoffman and Weiss investigate the evolution of the mainstay commitment to humanitarianism in the international arena, and the extent to which it has become increasingly attached to security. Fazal largely agrees with this conclusion, but takes it one step further. She persuasively shows how the proliferation of international humanitarian law led to a decrease in formal declarations of war among states, a practice that contributed to semantic confusion as well as to the growing use of euphemism to account for armed conflict. Schadlow argues consistently for greater conceptual and practical links between war and postconflict governance, pointing, among other things, to how ill-conceived strategy regarding the broader meaning of war leads to unsuccessful military operations. The review essay subsequently links this common thread—particularly the concealed types of warfare, the use of euphemism, and limited conceptions of armed conflict—to ongoing debates on wartime and peacetime and their relationship to the international order. Overall, the international order's specific setup in conjunction with how war is no longer explicitly recognized or declared has resulted in a division of labor among the military, technocrats, and the police. This division of labor has in turn unsettled the traditional distinction between peacetime and wartime to the effect that the latter is no longer explicitly acknowledged.

Author(s):  
Ihor Tataryn ◽  
Yuliia Komissarchuk ◽  
Yurii Dmytryk ◽  
Mariia Maistrenko ◽  
Olha Rymarchuk

The scientific article is devoted to a comprehensive understanding of international legal, procedural, and organizational problems of investigation of war crimes committed during the military conflict in the south and east of Ukraine. It develops the author's concept of investigation of war crimes committed during the armed conflict, scientifically substantiated theoretical provisions and specific patterns that are manifested in the field of legal support, organization of investigation, collection of evidence, methods of investigation of crimes of this type. It is concluded that there is a need to specify the components of war crimes in national legislation. Recommendations for further improvement of criminal and criminal procedure legislation of Ukraine in order to fulfill the state's international obligations in the field of international humanitarian law are given.


2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.


Author(s):  
Anders Henriksen

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.


2019 ◽  
Vol 101 (910) ◽  
pp. 333-355
Author(s):  
Michael N. Schmitt

AbstractAs a general matter, international humanitarian law is up to the task of providing the legal framework for cyber operations during an armed conflict. However, two debates persist in this regard, the resolution of which will determine the precise degree of protection the civilian population will enjoy during cyber operations. The first revolves around the meaning of the term “attack” in various conduct of hostilities rules, while the second addresses the issue of whether data may be considered an object such that operations destroying or altering it are subject to the prohibition on attacking civilian objects and that their effects need be considered when considering proportionality and the taking of precautions in attack. Even if these debates were to be resolved, the civilian population would still face risks from the unique capabilities of cyber operations. This article proposes two policies that parties to a conflict should consider adopting in order to ameliorate such risks. They are both based on the premise that military operations must reflect a balance between military concerns and the interest of States in prevailing in the conflict.


Author(s):  
Ian Park

The controversy surrounding the applicability of the right to life during armed conflict makes it arguably one of the most divisive and topical issues at the junction of international humanitarian law and international human rights law. Recent litigation has, among other things, prompted the UK government to signal an intention to derogate from Article 2, ECHR, subject to certain caveats, in future armed conflicts. The litigation pursuant to Article 2 is also set to continue as the UK, and many other States with right to life obligations, will continue to use lethal force overseas; thus the significance of the issue will remain unabated. The scope and application of the right to life in armed conflict not only concerns parties to the ECHR; the predominance of coalition military operations in recent years has necessitated that it is essential for all troop-contributing States to understand the legal limitations of those States bound by the ECHR. It is equally important that the UN, NATO, NGOs, and other governments not directly involved in the armed conflict are aware of any States’ right to life obligations. Notwithstanding this, the applicability of the right to life in armed conflict is yet to be fully considered in academic literature. This book aims to close this lacuna and address the issue of the right to life in armed conflict by identifying and analysing the applicable law, citing recent examples of State practice, and offering concrete proposals to ensure that States comply with their right to life obligations.


2021 ◽  
Vol 2 (2) ◽  
pp. 82-103
Author(s):  
Sergey Garkusha-Bozhko

The development of information technologies in the modern world affects all spheres of human activity, including the sphere of military activities of states. The current level of development of military information technologies allows us to talk about a new fifth possible theatre of military operations, namely, cyberspace. The Tallinn Manual on International Law Applicable to Cyber Operations, developed in 2013 and updated in 2017 by experts from the NATO States, also confirms the likelihood of armed conflict in cyberspace. It is indisputable fact that cyber operations committed in the context of an armed conflict will be subject to the same rules of International Humanitarian Law that apply to such armed conflict. However, many cyber operations that can be classified as military operations may be committed in peacetime and are common cybercrimes. In such circumstances, it is imperative to distinguish between such cybercrimes and situations of armed conflict in cyberspace. Due to the fact, that there are only two types of armed conflict — international and non-international, this problem of differentiation raises the question of the typology of armed conflicts in relation to cyberspace. The main questions within the typology of cyber armed conflicts are: whether an international armed conflict can start solely as a result of a cyber-attack in the absence of the use of traditional armed force; and how to distinguish between ordinary criminal behaviour of individuals in cyberspace and non-international armed conflict in cyberspace? The purpose of this article is to provide answers to these urgent questions. The author analyses the following criteria that play a role in solving the above problems: criteria for assigning a cyber attack to a state and equating such a cyber-attack with an act of using armed force in a cyber armed conflict of an international character; and criteria for the organization of parties and the intensity of military actions in a non-international cyber armed conflict. Based on the results of this analysis, the author gives relevant suggestions for solving the above issues.


Author(s):  
Laila Almira

<p><em>States and non-State armed groups are increasingly employing cyber capabilities in their military operations in the digitalization environment today. There is a controversy about how current international legal frameworks, especially International Humanitarian Law (IHL), applies to such conduct in cyberspace, most notably in the context of armed conflict. Because one of the fundamental aims of the IHL is to protect civilians from the impact of armed conflict, it is critical to explore the norms of IHL that regulate such operations. This article will be likely to discuss about cyber warfare in the term of armed conflict. Lastly, the article will be reviewing the rules and principle that applies during the cyber warfare.</em></p><p><em> </em></p>


2012 ◽  
Vol 14 (4) ◽  
pp. 403-436 ◽  
Author(s):  
Kubo Mačák ◽  
Noam Zamir

Abstract The purpose of this article is to examine the applicability of international humanitarian law to the 2011 conflict in Libya in its consecutive phases. We argue that the situation in Libya rose to the level of non-international armed conflict between the government forces and insurgents united by the National Transitional Council by the end of February 2011. The military intervention by a multi-state coalition acting under the Security Council mandate since March 2011 occasioned an international armed conflict between Libya and the intervening States. We consider and reject the arguments in favour of conflict convergence caused by the increased collaboration between the rebels and NATO forces. Similarly, we refute the propositions that the Gaddafi government’s gradual loss of power brought about conflict de-internationalisation. Finally, we conclude that both parallel conflicts in Libya terminated at the end of October 2011. The article aspires to shed light on the controversial issues relating to conflict qualification in general and to serve as a basis for the assessment of the scope of responsibility of the actors in the Libyan conflict in particular.


2017 ◽  
Vol 1 (1) ◽  
pp. 19-35
Author(s):  
Fadillah Agus

Abstract The preferable implementation of article 47 of the First Geneva Convention 1949 is conducting activities in the format of military training and exercises rather than seminars. The contents, methodology as well as the instructor should be in accordance with military operations that will be encountered by the soldiers. “do what you have trained and train what you will do”. The implementation of article 47 GC I is related to article 82 and 87 AP I. Furthermore, within Tentara Nasional Indonesia (TNI) it is related with the formation of “the professional soldier” as enshrined in Article 2 section (4) of the Law No. 34 of 2004 of TNI. In addition to the increased awareness, some additional achievements related to operational and training aspects were also achieved in the period of 1998 – 2015. These include the issuance of Technical Guidance on the Implementation of international humanitarian law and human rights into the Training, the three standing ROEs and the TNI Commander decree on Prohibition of Torture. These all doctrinal impact are resulting from the dissemination program that may have influence on the betterment of the TNI operations in the future. However, some further improvements are required, among others, to improve the skills of the concerned officers to draft appropriate ROEs and to complement the legal unit with an operational law / international humanitarian law section. Moreover, the challenge for Indonesia in the future is to improve its enforcement mechanisms i.e. to enhance the military justice system to be more reliable and independent in line with the spirit of article 49 GC I. Keywords: international humanitarian law, armed conflict, military academy, dissemination program, laws of war.   Abstrak Pelaksanaan Pasal 47 dalam Konvensi Genewa Pertama 1949 adalah melaksanakan aktivitas dalam format aktivitas pelatihan dan militer dibandingkan dengan melakukan seminar. Isi dari pelatihan, metodologi dan instruktur harus sesuai dengan operasi militer yang dihadapi oleh seorang prajurit, “lakukanlah apa yang telah dilatihkan kepadamu dan latihlahlah apa yang akan kamu lakukan”. Pelaksanaan pasal 47 Konvensi Genewa Pertama 1949 berkaitan dengan Pasal 82 dan 87 dari Konvensi yang sama. Lebih lanjut lagi, dalam Tentara Nasional Indonesia (TNI), berkaitan dengan pembentukan “prajurit profesional” seperti yang disampaikan dalam Pasal 2 ayat (4) Undang-undang No. 34 tahun 2004 mengenai TNI. Dalam rangka untuk meningkatkan kewaspadaan, beberapa capaian tambahan berkenaan dengan aspek operasional dan pelatihan juga dicapai dalam periode 1998-2015. Hal ini termasuk mengeluarkan Panduan Teknis mengenai Implementasi Hukum Humaniter Internasional dan HAM dalam pelatihan, dan tiga pilar ROEs dan keputusan Panglima TNI tentang Larangan Penyiksaan. Semua doktrin ini lahir dari dampak diseminasi dalam program pelatihan untuk melahirkan prajurit TNI yang lebih baik dimasa yang akan datang. Meskipun demikian, sejumlah peningkatan terhadap pengetahuan mengenai hukum humaniter telah tumbuh dikalangan prajutit TNI. Tantangan selanjutnya adalah mendorong peningkatan mekanisme pentaatan, misalnya mendorong sistem pengadilan militer untuk lebih indeoenden dan dapat diandalkan sejalan dengan semangat Pasal 49 Konvensi Genewa Pertama 1949. Kata kunci: hukum humaniter, konflik bersenjata, akademi militer, program diseminasi, hukum perang.


2017 ◽  
Vol 23 (2) ◽  
pp. 167-170
Author(s):  
Sabin Guțan

Abstract Drones are new means and methods of warfare which, apparently, are similar to combat aircrafts. A big difference between the two categories is the human personnel involved. Compared with airplanes, carrying a human crew on board - this one carrying out combat operations from inside the aircraft - drones do not have inside human beings, being coordinated from the ground (or sea) - the military actions carrying out from the place where the operators are. So the question arises: what kind of rules of international humanitarian law are applicable to the use of drones in armed conflicts? Starting from the rule that legal rules apply to legal relationships between people (but not directly to objects or animals), I analyze to what extent these means and methods of warfare are subject to the rules of armed conflict on land, sea or air.


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