Historical Development

Author(s):  
Kubo Mačák

This chapter examines the access to combatant status by members of non-state armed groups from a historical perspective. It demonstrates that practically since the time the distinction between combatants and non-combatants had solidified into law, the applicable rules have permitted members of at least some non-state armed groups to benefit from combatant status. At various times in the history of regulation of armed conflicts, these groups have included militias and volunteer corps, armed forces professing allegiance to a non-recognized governmental authority, and national liberation movements. Overall, the historical analysis presented in this chapter suggests that it would be erroneous to interpret the rules on eligibility for combatancy in the context of internationalized armed conflicts in an unduly restrictive manner.

Author(s):  
Pierre Klein

Treaties are among the main tools used by states in their attempts to combat terrorism on the international scene. Under the impetus of the General Assembly, the UN has adopted five of the most significant conventions aimed at combating terrorism at the universal level and is currently pursuing work on a draft comprehensive convention against terrorism. These treaties are classical instruments of international criminal law, providing for the criminalization of specific acts or activities under the domestic law of states parties and maximizing the possibilities of prosecution for these crimes, based in particular on the principle aut dedere, aut judicare. While the adoption of these treaties proved to be generally uncontroversial, the difficulties encountered in the elaboration of the draft comprehensive convention (particularly in respect of acts of national liberation movements and of acts of members of armed forces in situations other than armed conflicts) are evidence of persistent divisions within the international society, even in an area that has been identified as one of its most important priorities for the last two decades.


2009 ◽  
Vol 9 (3) ◽  
pp. 567-583 ◽  
Author(s):  
Kieran O'Reilly ◽  
Noelle Higgins

AbstractThe 2008 conflict in South Ossetia, involving both Georgian and Russian armed forces, attracted much international attention and debate. This article seeks to analyse the international legal framework regarding the use of force which should have applied to this conflict. It will first look at the history of, and circumstances surrounding, the South Ossetian conflict, and then examine the jus ad bellum regarding wars of national liberation and aggression. The concept of intervention to protect nationals abroad will also be discussed. These legal paradigms will then be applied to the events of August 2008 in the region of South Ossetia to analyse the legality of the use of force in this conflict.


2018 ◽  
Vol 100 (907-909) ◽  
pp. 267-285
Author(s):  
Sabrina Henry

AbstractThis paper focuses on the “continuous combat function” concept and proposes to extend its application. First, the article will demonstrate that the continuous combat function concept should be extended to certain members of organized armed groups in cases where those groups do not belong to any of the parties to an international armed conflict and whose actions do not reach the level of intensity required for a separate non-international armed conflict (NIAC) to exist. Secondly, the paper will look at the extension of this concept in order to determine individual membership in State armed forces in the context of a NIAC, while arguing that the notion of “armed forces” should be interpreted differently depending of the nature of the conflict, be it international or non-international.


2016 ◽  
Vol 42 (2) ◽  
pp. 192-207
Author(s):  
Marius Nel

The article hypothesises that the historical development of Pentecostal hermeneutics is closely related to and illustrated by Pentecostals’ attitude towards theological training. A short survey is given of the development of theological training within the Pentecostal movement in order to demonstrate how it accompanied a change in the way the Bible was considered during the past century in terms of three phases. For the first three decades Pentecostals had no inclination towards any theological training; they considered that the Bible provided all they needed to know and what was important was not what people in biblical times experienced with or stated about God, but the way these narratives indicate contemporary believers to an encounter with God themselves, resulting in similar experiences. From the 1940s, Pentecostals for several reasons sought acceptance and approval and entered into partnerships with evangelicals, leading to their acceptance of evangelicals’ way of reading the Bible in a fundamentalist-literalist way. From the 1970s they established theological colleges and seminaries where theologians consciously developed Pentecostal hermeneutics in affinity with early Pentecostal hermeneutics, although most Pentecostals still read the Bible in a fundamentalist-literalistic way − as do the evangelicals. Its hermeneutics determined its anti-intellectual stance and the way Pentecostals arranged the training of its pastors. The history of the Pentecostal movement cannot be understood properly without realising the close connection between its hermeneutics and its view of theological training.


Author(s):  
Duthie Roger ◽  
Mayer-Rieckh Alexander

Principle 37 focuses on the disbandment of parastatal armed forces and the demobilization and social reintegration of children involved in armed conflicts. It articulates measures designed to prevent the transformation of conflict violence to criminal violence through the dismantling and reintegration of all armed groups engaged in abuses, and outlines comprehensive responses to the injustices experienced by children during armed conflict. This chapter first provides a contextual and historical background on Principle 37 before discussing its theoretical framework and practice. It then examines the importance of reintegration processes and how they can be affected by transitional justice measures, along with their implications for former child combatants. It also highlights the relevance of measures for dealing with unofficial armed groups from an impunity standpoint, as well as the efforts of disarmament, demobilization, and reintegration (DDR) programs to address them.


2018 ◽  
pp. 109-124
Author(s):  
Christopher M. Ford

The U.S. military Standing Rules of Engagement (SROE) restrict the use of force in armed conflict to either self-defense or “mission-specific” rules of engagement, which refer to the use of force against members of enemy armed forces or organized armed groups that have been “declared hostile.” This bifurcation of authority works well in an international armed conflict, where the enemy force is uniformed and easily distinguished. In these circumstances, the overwhelming number of engagements are against identified hostile forces. In many non-international armed conflicts, however, combatants actively attempt to camouflage their status, and U.S. forces find themselves engaging enemy forces under a self-defense framework. This creates problems. Consider, for example, a situation where three individuals of unknown affiliation launch an attack against a U.S. military convoy in Afghanistan. After a short engagement, the attackers get in a van and speed away from the attack site. The U.S. convoy is disabled, but an unmanned aerial vehicle tracks the van as it retreats into the desert. Thirty minutes later an AH-64 Apache attack helicopter arrives on scene above the still-retreating van. Can the Apache attack the vehicle? The van is retreating and poses no threat, thus self-defense principles would not allow for the use of force, despite the fact that the occupants are clearly directly participating in hostilities. This chapter addresses three questions: Why are the SROE drafted in this manner? What is the basis in the law for the SROE’s approach to self-defense? What are the problems presented by this approach?


Author(s):  
Haydarov Zahiriddinbobir Umarovich ◽  

This article analyzes comprehensively the 1916 revolt occurred in the area of Namangan, Turkistan and its liberation movements.


Author(s):  
A.I. Koryushkin ◽  

The paper’s analysis is aimed at the phenomenon of identity crisis in contemporary political science being revealed by the author at the different stages of historical development of American political science, in its discourse and historiography. Interpretation of the history of political science as a search for its identity suggested here makes it possible to trace historical metamorphoses of politico-scientific identity crisis through the prism of the notions of scientific soundness and political relevance of the science of politics. Incomplete or inadequate embodiment of such necessary requirements of political science repeatedly caused the identity crises of American political science in the course of its historical development. Historical analysis of ontological-epistemological, methodological and politico-institutional factors of emergence of the identity crises in American political science presented here might be significant for comprehending problems and crisis phenomena in contemporary political science as a whole.


2017 ◽  
Vol 19 (1) ◽  
pp. 59-64
Author(s):  
Yu V Miroshnichenko ◽  
Vladimir N Kononov ◽  
Aleksandr B Perfil'ev ◽  
Evgeniy O Rodionov ◽  
Il'ya A Likhogra

The basis for the formation of authorized equipment equipment of the Russian Armed forces, representit in a specific pattern chosen and systematized assortment of medical products packaged in certain containers were laid in the Petrine era. It is established that many wars and armed conflicts, as well as the development of medicine has become a powerful impetus to the improvement of the equipment of military-medical units and military hospitals. It is shown that the scientists and specialists of the Military medical Academy, Scientific research Institute of sanitation of the red army, the Main military medical Directorate has made a significant contribution to the development of sets of medical property, justified their composition and content, which contributed to the improvement of medical support of troops (forces) (1 figure, 2 tables, bibliography: 8 refs).


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