3 The Temporal and Geographic Reach of International Humanitarian Law

2020 ◽  
Author(s):  
Crawford Emily
Keyword(s):  
Armed Conflict ◽  
General Rule ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Domestic Law

This chapter discusses the geographical and temporal scope of international humanitarian law (IHL). Knowing where and when the provisions of IHL start and cease to apply is vital to ensuring that the rules are respected, and to identifying where other rules of international and domestic law are pertinent or more relevant. As a general rule, IHL applies from the commencement of hostilities, whether such hostilities are international or non-international in character. In international armed conflicts (IACs), situations of belligerent occupation also trigger the applicability of IHL, even if there are no active hostilities. However, there are different thresholds applicable in international and non-international armed conflicts (NIACs). As a general rule, in both IACs and NIACs, IHL will cease to apply when there is a ‘general close of military operations’. Meanwhile, the geographical or spatial scope of IHL depends on what kind of armed conflict is taking place, with different issues arising for both NIACs and IAC.

The Protection of the Environment in Armed Conflict: Legal Obligations in the Absence of Specific Rules

2013 ◽  
Vol 82 (1) ◽  
pp. 7-20 ◽  
Author(s):  
Dieter Fleck
Keyword(s):  
International Law ◽  
Natural Environment ◽  
Armed Conflict ◽  
General Rule ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Post Conflict

While a general rule of ‘eco-protection’ in armed conflict may be derived from the basic principles of distinction, proportionality, avoidance of unnecessary suffering and humanity, international humanitarian law provides little by way of more specific rules for the protection of the natural environment except for in extreme situations that can rarely be expected to occur. Nevertheless, opinio juris has changed since the adoption of pertinent instruments in 1977. This development needs to be balanced against a still prevailing general reluctance to accept specific ecological obligations and procedures in military operations. Thus a detailed evaluation of planning and decision-making processes appears necessary. Revisiting the San Remo Manual on International Law Applicable to Armed Conflicts at Sea and the ICRC Study on Customary International Humanitarian Law, this article argues that certain qualifications made in these documents relating to requirements of ‘imperative military necessity’ are to be assessed in the light of their specific implications and should be used with caution. Furthermore, it is suggested that pertinent consequences of the International Law Commission’s Draft Articles on the Effects of Armed Conflicts on Treaties deserve further study. To this end, interdisciplinary case studies should be conducted to support fact-oriented evaluations of military requirements, ecological assessments and political effects post-conflict, rather than insisting on thresholds for legal regulation that already appeared to be escapist decades ago and which may prove counter-productive in the years to come. New activities aimed at protecting the natural environment in armed conflict should focus on a reaffirmation of existing rules and their effective implementation.

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.

scholarly journals Problems of Typology of Armed Conflicts in Cyberspace

2021 ◽  
Vol 2 (2) ◽  
pp. 82-103
Author(s):  
Sergey Garkusha-Bozhko
Keyword(s):  
Armed Conflict ◽  
Information Technologies ◽  
Armed Force ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Cyber Attack ◽  
Military Operations ◽  
International Character

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.

Special agreements as a means of enhancing compliance with IHL in non-international armed conflicts: An inquiry into the governing legal regime

2014 ◽  
Vol 96 (895-896) ◽  
pp. 1195-1224 ◽  
Author(s):  
Ezequiel Heffes ◽  
Marcos D. Kotlik
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Decision Making Process ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Regime ◽  
Geneva Conventions ◽  
Domestic Law

AbstractCommon Article 3 to the four Geneva Conventions encourages the parties to a non-international armed conflict to bring into force international humanitarian law provisions through the conclusion of special agreements. Since armed groups are ever more frequent participants in contemporary armed conflicts, the relevance of those agreements as means to enhance compliance with IHL has grown as well. The decision-making process of special agreements recognizes that all the parties to the conflict participate in the clarification and expansion of the applicable rights and obligations in a way that is consistent with the principle of equality of belligerents. This provides incentives for armed groups to respect the IHL rules they have themselves negotiated. However, even upon the conclusion of such agreements, it remains unclear which legal regime governs them. This paper will argue that special agreements are governed by international law instead of domestic law or asui generislegal regime.

13 Protection of Prisoners in Armed Conflict

2021 ◽  
Author(s):  
Krähenmann Sandra
Keyword(s):  
Armed Conflict ◽  
Legal Protection ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Sources Of Information ◽  
Prisoner Of War ◽  
Legal Obligations

This chapter discusses the legal protection of prisoners in any armed conflict and prisoner-of-war status in international armed conflicts. The protection of prisoners in armed conflict is based on ethical, military, and political elements. The humane treatment derives from fundamental legal obligations and the conviction that captured enemies no longer pose any threat to the lives of persons nor to the detaining power. While specific forms and procedures of treatment may be influenced by the former conduct of the prisoner during the combat, for example the use of prohibited weapons, attacks against protected persons, or perfidious acts, standard rules of protection apply. These are deeply rooted in international humanitarian law and human rights. Military considerations also play an important role in the treatment of prisoners in armed conflict. In principle, prisoners are of military value to the adversary. They can be used as sources of information or to influence their comrades who are still fighting. On the other hand, taking and detaining prisoners can impede the detaining power's military operations.

The Temporal Scope of the Laws of Armed Conflict in Multinational Military Operations

2019 ◽  
pp. 49-69
Author(s):  
Christian Schaller
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Asymmetric Conflict ◽  
Post Conflict ◽  
Law Of Armed Conflict ◽  
Degree Of Stability ◽  
State Actors

The chapter explores the temporal scope of the law of armed conflict in multinational military operations. In particular, it is discussed under which conditions armed conflicts begin and terminate as a matter of international humanitarian law (IHL). Asymmetric conflict structures, fluctuating levels of violence, and the involvement of a multitude of state and non-state actors who enter and leave the battlefield at different stages during the hostilities make it especially difficult to determine the end of an armed conflict. Often, periods of intense fighting alternate with periods of relative calm. It is therefore argued that two requirements should be satisfied before an armed conflict within the meaning of IHL ought to be considered over: the situation must fall below a certain qualitative threshold separating the armed conflict from the post-conflict phase; and the threshold must be crossed with a degree of stability and permanence.

Part IV The International Red Cross and Red Crescent Movement, 39 The International Committee of the Red Cross: Legal Status, Privileges, and Immunities

2018 ◽  
Author(s):  
Lavoyer Jean-Philippe ◽  
Vité Sylvain
Keyword(s):  
Armed Conflict ◽  
Legal Status ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Domestic Law ◽  
International Status ◽  
Independent Organization

This chapter offers a brief description of the origin, mandate, and legal status of the International Committee of the Red Cross (ICRC). The ICRC is an impartial, neutral, and independent organization that was founded in 1863. It endeavours to promote compliance with international humanitarian law by all parties to armed conflicts. It also seeks to provide protection and assistance to victims of armed conflict and other situations of violence. Its activities are based on a mandate received from the community of States. In order to support the efficient fulfilment of its mandate, the ICRC was also recognized international status and was granted privileges and immunities under both international and domestic law.

The Handbook of International Humanitarian Law

2021 ◽  
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Outer Space ◽  
Humanitarian Assistance ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Law Of Armed Conflict ◽  
The Law

This updated and revised fourth edition sets out a Black Letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary. The book takes account of recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues including the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. Certain topics, such as the law of occupation, protection of the environment in relation to armed conflicts, humanitarian assistance, and human rights in armed conflict have been made more visible in separate chapters.

scholarly journals EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

2021 ◽  
Vol 74 (1) ◽  
pp. 20-26
Author(s):  
Oleksandra Severinova ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of Armed Conflict ◽  
The World ◽  
History Of ◽  
Political Economic ◽  
Methodological Aspects

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.

III. ASSASSINATION AND TARGETED KILLING—THE KILLING OF OSAMA BIN LADEN

2011 ◽  
Vol 60 (3) ◽  
pp. 778-788 ◽  
Author(s):  
APV Rogers ◽  
Dominic McGoldrick
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Applicable Law ◽  
Jus Ad Bellum ◽  
The Us ◽  
Osama Bin Laden ◽  
Domestic Law

Osama Bin Laden was killed on 2 May 2011 in the course of an operation by US special forces (Navy Seals) in Abbottabad, Pakistan.1 The US forces were flown by helicopter from neighbouring Afghanistan. The death of Bin Laden renewed questions about the legality of such operations during armed conflicts and during peacetime.2 The potentially applicable law includes international humanitarian law, international human rights law, jus ad bellum and the domestic law of the US and Pakistan.3

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