18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

The right to life in armed conflict: does international humanitarian law provide all the answers?

2006 ◽  
Vol 88 (864) ◽  
pp. 881-904 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The Law ◽  
The Right

AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right to life is suitable to supplement the rules of international humanitarian law relating to the use of force for non-international conflicts and occupation, as well as the law relating to civilians taking a “direct part in hostilities”. Finally, by making reference to the traditional prohibition of assassination, the author concludes that the application of human rights law in these situations would not undermine the spirit of international humanitarian law.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

scholarly journals The redirection of attacks by defending forces

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.

Protecting the Environment from the Perspective of the Law of Armed Conflict

2021 ◽  
Vol 23 (2-3) ◽  
pp. 252-260
Author(s):  
Bartłomiej Krzan
Keyword(s):  
Climate Change ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Law Of Armed Conflict ◽  
The Law

Abstract The present study analyses climate change from the perspective of the law of armed conflict. Climate may be both a victim and a means of warfare. Arguably, the existing normative framework is broad enough to allow for accommodating climate change. It cannot be denied that the environment is easily harmed, or at least jeopardized in times of armed conflicts. Despite the obvious lack of explicit references in the instruments of international humanitarian law, it may be argued that it is possible to fit climate change in. The accompanying analysis addresses the respective potential and the ensuing hurdles.

Proportionality in Armed Conflicts: A Principle in Need of Clarification?

2012 ◽  
Vol 3 (1) ◽  
pp. 73-123
Author(s):  
Ben Clarke
Keyword(s):  
Decision Making ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Guidance Document ◽  
Humanitarian Law ◽  
The Law ◽  
Proportionality Principle

In their quest to find ways to reduce civilian casualties during armed conflict, States often emphasise the importance of compliance with fundamental rules of international humanitarian law that apply during the conduct of hostilities. Chief among them are the rules of distinction, proportionality and precaution. This contribution focuses on the proportionality principle. It examines whether there is a need for clarification or development of this rule. After highlighting reasons why clarification of the law on proportionality is necessary, the author proposes a guidance document on proportionality decision-making in armed conflict. To lay the foundation for such a document, the author identifies a range of issues that could be addressed in the document.

scholarly journals Lest We Forget the Realm of Armed Conflicts: A Guided Discussion on the Law of Armed Conflict/International Humanitarian Law

2021 ◽  
pp. 1-50
Author(s):  
Yugichha Sangroula
Keyword(s):  
Armed Conflict ◽  
Theory And Practice ◽  
Law Students ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Initial Attempt ◽  
Law Of Armed Conflict ◽  
Key Issues ◽  
The Law

The paper is a doctrinal and a dialectic endeavour to comment on LOAC/IHL from a bird’s-eye view. It is the author’s initial attempt to contribute to an ongoing discussion on the theory and practice of LOAC/IHL, reflecting on the key issues relevant to Nepal. The question-answer approach is based on the author’s interactions with law students, colleagues, members from the police, military, victims, bureaucrats and politicians in the Nepali diaspora. The paper will benefit from the readers’ critique.

scholarly journals The Right to Life in Armed Conflict

2018 ◽  
Author(s):  
Ian Park
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Right To Life ◽  
Applicable Law ◽  
The Uk ◽  
The Right

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.

19 The Law of Non-International Armed Conflict

2021 ◽  
Author(s):  
Fleck Dieter
Keyword(s):  
Twentieth Century ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Basic Principles ◽  
Progressive Development ◽  
Law Of Armed Conflict ◽  
The Law

This chapter provides an overview of the law of non-international armed conflicts and its progressive development. The law of armed conflict, as it has developed in the last part of the nineteenth and the first part of the twentieth century, deals predominantly with wars between states. Its basic principles and rules are, however, likewise relevant for non-international armed conflicts: in all armed conflicts, elementary considerations of humanity must be respected under all circumstances, in order to protect victims, to reduce human sufferings, and to minimize damages to objects vital for survival. Therefore, the parties to the conflict do not have an unlimited choice of the means and methods of conducting hostilities, nor of selecting the targets to be attacked, and they must protect the victims from the effects and consequences of war. This concept is reflected in the principles and rules of international humanitarian law, to be respected by all and, while taking military necessity into account, limiting the use of force for humanitarian reasons. Parties to the conflict respecting these principles and rules are considered as respecting the international order, while those seriously violating them will commit internationally wrongful acts and perpetrators are liable to punishment.

14 Human Rights in Armed Conflict

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
The State ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
The Individual

This chapter explains the application of human rights in armed conflicts. International humanitarian law has much in common with the law of human rights, since both bodies of rules are concerned with the protection of the individual. Nevertheless, there are important differences between them. Human rights law is designed to operate primarily in normal peacetime conditions, and governs the vertical legal relationship between a state and its citizens and other persons subject to its jurisdiction. Human rights law applies primarily within the territory of the state that is subject to the human rights obligation in question. International humanitarian law, by contrast, is specifically designed to regulate situations of armed conflict. These differences between human rights law and international humanitarian law have led some to argue that human rights law is only intended to be applicable in time of peace. However, it is now generally accepted that human rights continue to apply during armed conflict. Hence, international humanitarian law and human rights law can apply simultaneously in situations of armed conflict.

International humanitarian law's old questions and new perspectives: On what law has got to do with armed conflict

2016 ◽  
Vol 98 (903) ◽  
pp. 995-1017
Author(s):  
Thomas Forster
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Current Understanding ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Recent Scholarship ◽  
State Behaviour ◽  
The Law ◽  
A Current

AbstractThe question of whether international humanitarian law (IHL) has an impact on how armed conflicts are conducted is a controversial one. Sceptics claim that the law is virtually irrelevant in determining State behaviour in armed conflict. Proponents point to its importance in mitigating the suffering caused by war. This paper looks at recent scholarship from historians, political scientists, economists and lawyers that challenges traditional narratives held dear by the law's sceptics and proponents alike. It then discusses implications of these approaches for a current understanding of the role of IHL in today's armed conflicts. The new perspectives allow for a broader understanding of IHL's central issues and permit us to ask more pertinent questions when looking at the law with the aim of putting it to use for the protection of civilians.

Sign in / Sign up

Export Citation Format

Share Document