Boots (on the Ground)

2018 ◽  
pp. 151-161
Author(s):  
Kimberley N Trapp
Keyword(s):  
Human Rights ◽  
Effective Control ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Control Test ◽  
Military Operations ◽  
Test Set ◽  
Symbolic Function ◽  
International Crimes ◽  
Humanitarian Operations

This chapter explores the symbol of ‘boots’ in armed conflict, which are at the centre of discourse about military might and territorial control. With an eye on the themes of territoriality and extraterritoriality, this chapter considers some of the implications of ‘boots (on the ground)’ from the perspective of international law. For instance, a state’s having boots on the ground in military operations potentially results in its exercise of human rights obligation triggering ‘jurisdiction’, in addition to the otherwise applicable international humanitarian law obligations. Or, it might result in that state being held responsible for commission of international crimes committed by non-state actors (through the mechanic of attribution via the ‘effective control’ test set out in Nicaragua and the Bosnia Genocide Case). In addition, ‘boots on the ground’ can also serve an important symbolic function—in particular signalling the level and nature of commitment to genuine humanitarian operations.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

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.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

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.

Reconciling the rules of international humanitarian law with the rules of European human rights law

2015 ◽  
Vol 97 (900) ◽  
pp. 1295-1311 ◽  
Author(s):  
Claire Landais ◽  
Léa Bass
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
European Court ◽  
Increased Risk ◽  
Protection Of Human Rights

AbstractStates party to the European Convention for the Protection of Human Rights and Fundamental Freedoms that engage in military operations abroad face an increased risk to be held responsible for violations of the Convention, given the relatively recent case law adopted by the European Court of Human Rights. This article examines some of the issues raised by the concurrent applicability of international humanitarian law and European human rights law. It also seeks to identify ways to reconcile these two different, but not incompatible, branches of international law.

14. The law of armed conflict

2021 ◽  
pp. 273-295
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

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.

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.

The Psychological Impact of Military Operations on Civilians and the UN Human Rights Committee Japalali Decision: Exploring Mental Anguish under a Vida Digna, Right to Life Prism

2020 ◽  
Author(s):  
Solon Solomon
Keyword(s):  
Human Rights ◽  
Psychological Impact ◽  
Psychological Injury ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Right To Life ◽  
Military Engagement

Abstract Among international scholars, much emphasis has been given on how in situations of warfare, international humanitarian law can impact upon international human rights law (IHRL). The opposite scenario has been little explored. On this account, the article will explore how under the influence of IHRL in instances of wounded civilians feeling mental anguish as a result of their uncertainty whether or not they will remain alive, a state can be found as violating these civilians’ right to life vida digna facet. At the same time, the article will proceed to analyze how such vida digna mental anguish parameter must be seen not just as general carte blanche for expanding the notion of psychological injury beyond cases of mental harm in all military operations, but as relevant only in instances, like ‘kill or capture’ operations where the state is seen in a position to consider in advance the conditions under which a military engagement takes place.

An Operational Perspective

2019 ◽  
pp. 91-108
Author(s):  
Hans Boddens Hosang
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

The chapter explores the challenges related to the conduct of operations and the preparations for such operations as regards implementing international humanitarian law and international human rights law, exploring some of the differences between the two systems. In particular, the concepts of necessity and proportionality are examined, as well as the right to life and issues related to capture and detention, and the different meanings of those concepts and their scope in each of the two paradigms. As regards international humanitarian law, the chapter also discusses a number of challenges to interoperability in multinational military operations. The discussion on international human rights law, on the other hand, focuses on the inherent challenges in implementing that body of law in the context of (multinational) military operations outside a nation’s own borders.

Organizing Rebellion

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Contemporary Debate ◽  
International Crimes ◽  
Control Part

This book identifies the degree of organization required from non-state armed groups (i) to become party to an armed conflict and thereby bound by applicable international humanitarian law; (ii) to have possible human rights obligations; and (iii) to create a context in which international crimes can be committed. Part I identifies three principal criteria that any party to a non-international armed conflict—including decentrally organized armed groups, transnational groups, or cyber groups—must meet: it must be a collective entity with sufficient capabilities to engage in hostilities and the ability to ensure respect for basic humanitarian norms. Part II conceptualizes contemporary debate and international practice on the question of whether armed groups have human rights obligations. It suggests that the sources and scope of potential human rights obligations of armed groups are understood best on a spectrum, with consideration given to three categories: groups exercising quasi-governmental authority; groups exercising de facto control over territory and population; and groups exercising no territorial control. Part III examines the requisite degree of organization of armed groups to create contexts in which crimes against humanity or genocide can be committed. It argues that the degree of power and organization of groups behind these crimes depends on whether the group instigates or actually commits the crimes. In sum, this book shows that the requisite degree of organization of armed groups to have obligations under different fields of international law cannot be determined in the abstract. It depends on the specificities of each field of law and the circumstances of each case.

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