Keeping Camouflage Out of the Classroom: The Safe Schools Declaration and the Guidelines for Protecting Schools and Universities from Military Use During Armed Conflict

2021 ◽  
Author(s):  
Marten Zwanenburg
Keyword(s):  
International Organizations ◽  
Armed Conflict ◽  
Armed Forces ◽  
Active Role ◽  
Legal Framework ◽  
Safe Schools ◽  
Humanitarian Law ◽  
Negative Consequences ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Abstract This article discusses the ‘Safe Schools Declaration’ and the ‘Guidelines for Protecting Schools and Universities from Military use during Armed Conflict’. The latter are set of non-binding guidelines that aim to improve the protection of schools and universities during armed conflict. The former is a political declaration through which States can endorse the Guidelines. The article looks at the drafting process of the two documents, which involved non-governmental organizations (NGOs), international organizations and States. The article argues that the involvement of NGOs can be seen as reflective of a trend in which NGOs are increasingly involved in normative International Humanitarian Law (IHL) development. The role of international organizations was less pronounced, but nevertheless notable because international organizations traditionally do not have an active role in the field of IHL. The article contains an analysis of the Declaration and Guidelines, against the background of the applicable legal framework to the protection of schools and universities during armed conflict. It concludes that the principal focus of the Guidelines is the prevention of the use of schools and universities by armed forces in support of the military effort. IHL does not contain a rule prohibiting such use, but it can have far-reaching negative consequences for education. Other guidelines relate to, inter alia (limitations to), destroying or attacking schools and universities. These guidelines, while sometimes using phraseology from provisions of IHL treaty law, also largely go beyond existing obligations under IHL.

scholarly journals Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová
Keyword(s):  
Public Participation ◽  
Criminal Liability ◽  
Active Role ◽  
Legal Framework ◽  
The European Union ◽  
Criminal Proceedings ◽  
Human Rights Protection ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

International Humanitarian Law and Human Rights Law

1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Affairs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The United Nations

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

Various mechanisms and approaches for implementing international humanitarian law and protecting and assisting war victims

2009 ◽  
Vol 91 (874) ◽  
pp. 279-328 ◽  
Author(s):  
Toni Pfanner
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Political Agenda ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Regional Organizations ◽  
Humanitarian Action ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
War Victims

AbstractThis article presents an overview of the various mechanisms to improve the situation of people affected by armed conflict. Some are anchored in international humanitarian law, but numerous actors are increasingly contributing to its implementation outside the original framework established for that purpose. Human rights monitoring bodies, the diverse organs and agencies of the United Nations and regional organizations, and governmental and non-governmental organizations are seeking to address situations of armed conflict. However, humanitarian action unattached to any political agenda and combining protection and assistance is often the only remedy for the plight of the victims of armed conflicts.

Regulating the Private Military and Security Industry: A Quest to Maintain State Control and Preserve Public Values

2012 ◽  
Vol 25 (4) ◽  
pp. 1019-1028 ◽  
Author(s):  
RAIN LIIVOJA
Keyword(s):  
International Organizations ◽  
Armed Forces ◽  
State Control ◽  
Support Functions ◽  
Security Industry ◽  
Governmental Organizations ◽  
Humanitarian Operations ◽  
Non Governmental Organizations ◽  
The Us ◽  
Policy Objectives

Since the late 1980s, governments have increasingly relied on the services of private military and security companies (PMSCs) in attaining their defence and foreign-policy objectives. States with advanced armed forces (notably the US and UK but also many others) have seen the outsourcing of various support functions, such as logistics or communications, as a way of cutting costs. Conversely, states with weak militaries (for example, Croatia at the time of the break-up of Yugoslavia and Angola during the civil war) have used PMSCs to boost their actual war-fighting capabilities. More recently, international organizations and non-governmental organizations have also turned to PMSCs, largely to ensure the safety of their humanitarian operations in zones of conflict.

scholarly journals Terrorism Financing: New Challenges for International Security

2020 ◽  
Vol 15 (1) ◽  
pp. 120-134
Author(s):  
Inna Andronova ◽  
◽  
Nikolay Gusakov ◽  
Elena Zavyalova ◽  
◽  
...  
Keyword(s):  
International Organizations ◽  
International Security ◽  
Legal Framework ◽  
International Community ◽  
International Standards ◽  
International Terrorism ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Terrorism Financing ◽  
Foreign Enterprises

Despite efforts by the international community to curb international terrorism, it remains one of the main threats to international security. A main reason for this is that international terrorism has significant financial inflows and their routes transform faster than the international countermeasures designed to stop them. The aim of this article is to identify existing and potential financial channels. The authors analyze antiterrorist legislation to define the theoretical and legal framework for this research and draw on empirical content from the reports of international organizations, the Group of 20 (G20), the International Centre for the Study of Radicalisation, and others. This article shows that the main sources of terrorism financing include taxes paid by foreign enterprises functioning in the occupied lands, taxes paid by local populations, profits from resource and goods trade, captured treasures trade, payments from non-governmental organizations, and financial fraud. The authors discuss the role of cryptocurrencies in international terrorism financing and note that while foreign experts deny the possibility and feasibility of their usage, Russians take an opposite view. The authors conclude that the Russian arguments should be heard and carefully considered by the international community. The Russian Federation has significant experience fighting terrorism. For this reason, the authors recommend that the G20 and other international organizations pay more attention to this issue and work out international standards to counter the use of cryptocurrencies by terrorists

16 Implementation of International Humanitarian Law

2020 ◽  
Author(s):  
Turns David
Keyword(s):  
Criminal Responsibility ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Laws Of War ◽  
Civil Responsibility ◽  
Governmental Organizations ◽  
Nation States ◽  
Non Governmental Organizations ◽  
State Obligations

This chapter provides a holistic view of the implementation of international humanitarian law (IHL) as including all the various tools which may be used to render IHL effective in practice, whether they are used primarily before a situation of armed conflict arises, or during or after such a situation; whether they invoke the civil responsibility of the state or the criminal responsibility of individuals; and whether they fall to be implemented in a national or international context. Early attempts at the enforcement of the laws of war appeared through the prism of punishing those who were judged guilty of violating that body of rules. However, it was not until the advent of mass citizen-armies organized by nation-states as a public activity in the course of the seventeenth century that something resembling systematic national implementation of the laws of war began to take place. The chapter then sets out the contemporary legal framework provided by treaty instruments and recognized as customary international law, before examining specific state obligations relating to pre-conflict preventive measures; the supervision of conduct and repression of violations during conflict; and the subsequent enforcement of IHL by judicial, quasi-judicial, and non-judicial means. It also considers the increasingly important role played by non-state actors (NSAs)—such as non-governmental organizations (NGOs), civil society, and the media—in monitoring and advocacy on IHL issues.

Doctors Playing Gods? The Legal Challenges in Regulating the Experimental Stage of Cybernetic Human Enhancement

2021 ◽  
pp. 1-27
Author(s):  
Thibaut Moulin
Keyword(s):  
New Technologies ◽  
Human Enhancement ◽  
Armed Forces ◽  
Legal Framework ◽  
Prisoners Of War ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Medical Progress ◽  
Unique Nature ◽  
The Military

The emergence of new technologies might challenge our assumptions about biomedical research: medical progress may not only cure but enhance human capacities. In particular, the emergence of brain-machine interfaces will admittedly allow disabled people to move or communicate again, but also has various military applications, such as remote control of drones and avatars. Although there is no express legal framework pertaining to the experimental phase of human enhancement techniques, they are actually constrained by international law. According to international humanitarian law, civilians and prisoners of war may be subjected to experiments only when required by their state of health or for medical treatment. According to international human rights law, experimentations are permissible when they meet two conditions: (i) free consent, and (ii) proportionality (that is, the adequacy of risk and benefit). In light of these conditions, this article assesses the situations in which experimentation involving brain-computer interfaces would be lawful. It also gives specific attention to those experimentations carried out on members of the armed forces. In fact, owing to the military hierarchy and the unique nature of its mission (to protect national security at the risk of their own lives), it is necessary to determine how the military may comply with this legal framework.

Are human rights archives accessible? Challenges and possible solutions to improve access for Dealing with the Past initiatives

Comma ◽  
2021 ◽  
Vol 2020 (1-2) ◽  
pp. 139-150
Author(s):  
Romain Ledauphin ◽  
Claudia Josi ◽  
Rahel Siegrist
Keyword(s):  
Human Rights ◽  
Truth Commissions ◽  
Records Management ◽  
Maturity Model ◽  
Humanitarian Law ◽  
The Past ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Federal Department ◽  
Definition Of

Records and archives containing information relating to grave violations of human rights and international humanitarian law represent a fundamental source for, and can become trustworthy documentary evidence within, Dealing with the Past (DWP) processes including truth commissions, criminal tribunals, reparation programs, vetting processes and outreach projects. Those intergovernmental organizations (IGOs) and international non-governmental organizations (INGOs) working in the fields of human rights and peace and security are themselves important observers and actors in DWP processes and hence their records and archives are highly relevant to DWP initiatives. Such organizations should therefore be transparent and be able to facilitate DWP processes by granting access to their records. Given the International Council on Archives’ definition of “access” as relating to “… the availability of records for consultation as a result both of legal authorization and the existence of finding aids”, and the experience of swisspeace in advising DWP initiatives on collecting evidence and improving records management capacity, swisspeace together with the Swiss Federal Department of Foreign Affairs developed a roadmap which centres on the development of an “archives accessibility maturity model”. This tool will not only improve hands-on access in practice, but will ultimately improve knowledge about the multi-layered complexity of archives’ accessibility, strengthening the capacity of IGOs, INGOs and DWP initiatives to design and implement their access regulations, and thereby improving DWP initiatives’ ability to make successful access requests.

scholarly journals Liar's war: Protecting civilians from disinformation during armed conflict

2021 ◽  
pp. 1-24
Author(s):  
Eian Katz
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Human Needs ◽  
Traditional Classification

Abstract Disinformation in armed conflict may pose several distinctive forms of harm to civilians: exposure to retaliatory violence, distortion of information vital to securing human needs, and severe mental suffering. The gravity of these harms, along with the modern nature of wartime disinformation, is out of keeping with the traditional classification of disinformation in international humanitarian law (IHL) as a permissible ruse of war. A patchwork set of protections drawn from IHL, international human rights law and international criminal law may be used to limit disinformation operations during armed conflict, but numerous gaps and ambiguities undermine the force of this legal framework, calling for further scholarly attention and clarification.

1 History and Sources

2020 ◽  
Author(s):  
Henckaerts Jean-Marie
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Framework ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
International Court ◽  
Law Of Armed Conflict ◽  
Rules And Principles ◽  
International Conventions ◽  
The Military

This introductory chapter provides an overview of international humanitarian law (IHL), which is also known as the international law of armed conflict, or simply law of armed conflict (LOAC) or law of war. The rules and principles of IHL seek to limit the effects of armed conflict and at its core, IHL aims to preserve a sense of humanity in time of war. At the same time, IHL has been developed to regulate the social reality that is armed conflict. As such, in order to provide a realistic, and hence useful, legal framework, IHL must also take into account the military needs of parties to an armed conflict in their pursuit of defeating the adversary. The development of particular treaties and specific rules of IHL over time reflects the exercise of finding the correct balance between these humanitarian and military considerations. As a branch of international law, IHL is subject to the general rules of international law, such as those related to sources, treaty interpretation, and state responsibility. The sources of international law are set out in article 38 of the Statute of the International Court of Justice. This provision lists international conventions, international custom, and general principles of law as the main sources of international law in accordance with which the Court is to decide disputes submitted to it.

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