The Interplay of Investment Law and International Humanitarian Law

2019 ◽  
pp. 162-194
Author(s):  
Jure Zrilič
Keyword(s):  
Sri Lanka ◽  
International Humanitarian Law ◽  
Due Diligence ◽  
Humanitarian Law ◽  
Normative Systems ◽  
Legal Regimes ◽  
Investment Law ◽  
Normative Conflicts ◽  
Legal Frameworks ◽  
Principle Of Proportionality

This chapter examines the interplay of investment law and international humanitarian law. It rebuts the popular doctrinal views that the interaction between the two legal regimes is likely to give rise to normative conflicts, with international humanitarian law displacing investment law. By analysing AAPL v Sri Lanka award, it demonstrates how the norms in the respective regimes co-exist and complement each other. In particular, it shows how the duty to exercise due diligence in targeting operations (including the use of precautions and the principle of proportionality) overlaps in different legal frameworks. It thereby highlights the potential of investment tribunals to contribute to more humane conduct in hostilities. It concludes with a systemic overview of methods for minimising normative tensions between different normative systems.

The Application of International Humanitarian Law by the Israel Defense Forces

2017 ◽  
Author(s):  
Amichai Cohen ◽  
Eyal Ben-Ari
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Advocate General ◽  
The Past ◽  
Junior Officers ◽  
Military Commanders ◽  
Legal Frameworks ◽  
Israel Defense Forces ◽  
The Military

This chapter describes how increased juridification and demands to apply international humanitarian law (IHL) have influenced the Israel Defense Forces (IDF). The authors analyze the IDF’s compliance with IHL and other legal frameworks through a multilevel and multidimensional model of military compliance describing the law and external institutions involved in applying it. The past decades have seen the relatively autonomous sphere of the military increasingly come under judicial overview. Judicial and international pressures have also increased the role of the operational legal advisors. The chapter ends by discussing the ceremonies intended to promote compliance with IHL involving soldiers and junior officers. It is based on interviews (with Israeli academic experts, members of nongovernmental organizations [NGOs], and military commanders), off-the-record conversations with members of the IDF’s Military Advocate General, and newspaper articles, reports of NGOs, and secondary material.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

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.

Due Diligence in International Humanitarian Law

2020 ◽  
pp. 183-199
Author(s):  
Marco Longobardo
Keyword(s):  
International Law ◽  
Case Law ◽  
International Humanitarian Law ◽  
Due Diligence ◽  
Humanitarian Law ◽  
Occupied Territory ◽  
State Practice ◽  
Relevant Case

This chapter assesses due diligence in international humanitarian law. It identifies international humanitarian law rules governed by due diligence in the fields of the duty to ensure respect for international humanitarian law, the conduct of hostilities, the protection of civilians and persons hors de combat, and the administration of occupied territory. It is argued that international humanitarian law embodies both obligations of result (for instance, negative obligations) and obligations of diligent conduct. In order to identify the obligations of diligent conduct, the chapter relies on state practice and relevant case law, as well as on textual indications embodied in the relevant international humanitarian law provisions. Finally, the chapter argues that the inclusion of some due diligence obligations in international humanitarian law strengthens states’ implementation of this branch of international law.

The Right to Life and the International Law Framework Regulating the Use of Armed Drones

2020 ◽  
pp. 153-189
Author(s):  
Christof Heyns ◽  
Dapo Akande ◽  
Lawrence Hill-Cawthorne ◽  
Thompson Chengeta
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Legal Challenges ◽  
Drone Strikes ◽  
Legal Frameworks ◽  
The Right

This chapter provides a holistic examination of the international legal frameworks which regulate targeted killings by drones. It argues that for a particular drone strike to be lawful, it must satisfy the legal requirements under all applicable international legal regimes. It is argued that the legality of a drone strike under the jus ad bellum does not preclude the wrongfulness of that strike under international humanitarian law or international human rights law. The chapter then considers the important legal challenges that the use of armed drones poses under each of the three legal frameworks mentioned above. It considers the application of the right to life in armed conflict, particularly in territory not controlled by the state conducting the strike. The chapter then turns to some of the key controversies in the application of international humanitarian law to drone strikes, such as the possibility of a global non-international armed conflict and the question of who may be targeted in a non-international armed conflict. The final substantive section considers the law relating to the use of force by states against non-state groups abroad.

Conflict-induced Food Insecurity and the War Crime of Starvation of Civilians as a Method of Warfare

2019 ◽  
Vol 17 (4) ◽  
pp. 753-779
Author(s):  
Dapo Akande ◽  
Emanuela-Chiara Gillard
Keyword(s):  
Food Insecurity ◽  
International Criminal ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Relief ◽  
Humanitarian Action ◽  
General Rules ◽  
Relief Operations ◽  
Principle Of Proportionality

Abstract This article examines the rules of international humanitarian law (IHL) relevant to avoiding or minimizing conflict-induced food insecurity. It is important to consider these rules in order to appreciate the range of protections to which civilians are entitled. Understanding these rules is also essential for interpreting the relevant provisions of international criminal law, including, most notably, the war crime of starvation of the civilian population. After providing a brief outline of the general rules of IHL respect of which can reduce the risk of food insecurity, the article focuses on two sets of rules of direct relevance to food insecurity: the prohibition of starvation of civilians as a method of warfare and the rules regulating humanitarian relief operation. With regard to the former, the article considers whether, under IHL, the prohibition requires that the party that has engaged in the conduct must act with the purpose of causing starvation. It is argued that while the general prohibition of starvation in IHL requires such purpose, there are other, more specific, rules of IHL directed at reducing food insecurity which do not require such purpose. Consideration is also given to the application of the principle of proportionality to measures which have the effect of causing starvation. While most of this article focuses on IHL, it also provides some reflections on the interplay between the rules of IHL relating to humanitarian relief operations and the war crime of starvation in the International Criminal Court’s Statute. Moving briefly away from IHL, the article also highlights a normative tension that can impede humanitarian action and therefore exacerbate food insecurity.

Returning foreign fighters: The case of Denmark

2018 ◽  
Vol 100 (907-909) ◽  
pp. 315-336
Author(s):  
Helene Højfeldt Jakobsen
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
Armed Forces ◽  
International Humanitarian Law ◽  
Islamic State ◽  
Direct Part ◽  
Humanitarian Law ◽  
Armed Group ◽  
Legal Regimes ◽  
Foreign Fighters

AbstractThis article considers which legal regimes apply in cases where a Danish citizen and/or resident returns from Syria or Iraq after having taken part in the armed conflict on behalf of the group known as Islamic State, and continues his/her affiliation with the armed group. The article argues that international humanitarian law currently applies to the Danish territory and that a Danish foreign fighter may continue to be considered as taking a direct part in hostilities after having returned from Iraq or Syria. The article then considers the application of Danish criminal law to returned foreign fighters and argues that Danish counterterrorism laws do not apply to members of the armed forces of an armed group that is party to an armed conflict with Denmark.

Do Soldiers' Lives Matter? A View from Proportionality

2012 ◽  
Vol 45 (1) ◽  
pp. 53-69 ◽  
Author(s):  
Reuven (Ruvi) Ziegler ◽  
Shai Otzari
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Analytic Framework ◽  
Military Operation ◽  
Legal Structure ◽  
A Value ◽  
Life Threatening ◽  
Principle Of Proportionality

A military operation is about to take place during an ongoing international armed conflict; it can be carried out either by aerial attack, which is expected to cause the deaths of enemy civilians, or by using ground troops, which is expected to cause the deaths of fewer enemy civilians but is expected to result in more deaths of compatriot soldiers. Does the principle of proportionality in international humanitarian law impose a duty on an attacker to expose its soldiers to life-threatening risks in order to minimise or avert risks of incidental damage to enemy civilians? If such a duty exists, is it absolute or qualified? And if it is a qualified duty, what considerations may be taken into account in determining its character and scope?This article presents an analytic framework under the current international humanitarian law (IHL) legal structure, following a proportionality analysis. The proposed framework identifies five main positions for addressing the above queries. The five positions are arranged along two ‘axes’: a value ‘axis’, which identifies the value assigned to the lives of compatriot soldiers in relation to lives of enemy civilians; and a justification ‘axis’, which outlines the justificatory bases for assigning certain values to lives of compatriot soldiers and enemy civilians: intrinsic, instrumental or a combination thereof. The article critically assesses these positions, and favours a position which attributes a value to compatriot soldiers' lives, premised on a justificatory basis which marries intrinsic considerations with circumscribed instrumental considerations, avoiding the indeterminacy and normative questionability entailed by more expansive instrumental considerations.

scholarly journals THE LIMITATION OF CYBER WARFARE UNDER HUMANITARIAN LAW (Pembatasan Perang Siber dalam Hukum Humaniter)

2021 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Laila Almira
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Cyber Warfare ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Military Operations ◽  
Legal Frameworks ◽  
The Impact

<p><em>States and non-State armed groups are increasingly employing cyber capabilities in their military operations in the digitalization environment today. There is a controversy about how current international legal frameworks, especially International Humanitarian Law (IHL), applies to such conduct in cyberspace, most notably in the context of armed conflict. Because one of the fundamental aims of the IHL is to protect civilians from the impact of armed conflict, it is critical to explore the norms of IHL that regulate such operations. This article will be likely to discuss about cyber warfare in the term of armed conflict. Lastly, the article will be reviewing the rules and principle that applies during the cyber warfare.</em></p><p><em> </em></p>

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