The Definition of Internal Armed Conflict in Asylum Law

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

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The Formation of a Customary International Crime: Global Terrorism Human (In) Security

International Criminal Law Review ◽

10.1163/15718123-01504006 ◽

2015 ◽

Vol 15 (4) ◽

pp. 665-699 ◽

Cited By ~ 3

Author(s):

Noemi Gal-Or

Keyword(s):

Armed Conflict ◽

International Criminal ◽

International Crime ◽

Customary Law ◽

International Criminal Law ◽

General Assembly ◽

The Past ◽

Peace And Security ◽

Global Terrorism ◽

Definition Of

The article studies the concept of human security (hs) as embraced by the un General Assembly and Secretary Generals, and its instrumentality in the promotion of a customary international crime of global terrorism. Such a crime exists in the opinion of the Appellate Chamber of the Special Tribunal for Lebanon. Regarding terrorism in international criminal law (icl), not in armed conflict, I maintain that the concept of hs has been pivotal in furthering the “criminalisation” of terrorism in matters peace and security. I submit that (i) that the absence of a universally agreed upon definition of (global) terrorism does not suffice to detract from the finding that such a transnational crime exists, and (ii) in addition to the various and largely agreed constitutive elements of customary law, normative paradigmatic developments – here in the case of terrorism, and in the past two decades – have significantly supported this customarisation trend.

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

International Review of the Red Cross ◽

10.1017/s0020860400067358 ◽

1980 ◽

Vol 20 (219) ◽

pp. 287-315 ◽

Cited By ~ 1

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.

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The redirection of attacks by defending forces

International Review of the Red Cross ◽

10.1017/s1816383121000679 ◽

2021 ◽

pp. 1-18

Author(s):

Tsvetelina van Benthem

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Prima Facie ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Human Rights Law ◽

Law Of Armed Conflict ◽

The Law ◽

Definition Of ◽

The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

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