Rules of Engagement and Humanitarian Law

2020 ◽  
pp. 103-184
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
Armed Conflict ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Direct Participation ◽  
Law Of Armed Conflict ◽  
The Law ◽  
The Difference

The focus of this chapter is on the law of armed conflict and as such, analyses the influence of international humanitarian law (IHL) on the rules on the use of force, discussing the implementation of specific elements of IHL, in particular the principle of distinction in the rules of engagement (ROE) which authorize the use of force against persons and objects. Further, in discussing the principle of distinction, specific attention is given to the role of ROE as regards targeting persons and objects, including the concept of direct participation in hostilities and the difference between status-based targeting and behaviour-based targeting. This chapter will also explore other elements of the principles of IHL, such as proportionality and precautions in attack.

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.

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.

The International Institute of Humanitarian Law (San Remo) and its international military courses on the law of armed conflict

1997 ◽  
Vol 37 (319) ◽  
pp. 451-454
Author(s):  
Giorgio Blais
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Institute ◽  
Humanitarian Law ◽  
Governmental Organization ◽  
Seaside Resort ◽  
Law Of Armed Conflict ◽  
The World ◽  
The Law ◽  
Set Up

There are few institutions in the world which are able to assemble officers from all the countries of the globe, who wear their own uniforms and live and work together for two weeks. One of these is the International Institute of Humanitarian Law in San Remo, Italy.This non-governmental organization was set up in 1970 for the purpose of promoting the dissemination and development of international humanitarian law. The choice of the Italian seaside resort of San Remo was not accidental. It was there that Alfred Nobel spent the last years of his life, and he left all his property to the humanitarian cause. The villa he occupied until his death became the headquarters of the International Institute of Humanitarian Law.

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.

The Law of Armed Conflict

2021 ◽  
Author(s):  
Gary D. Solis
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Weapon System ◽  
Humanitarian Law ◽  
Law Of War ◽  
Law Of Armed Conflict ◽  
The Us ◽  
Us Supreme Court ◽  
Legal Opinions ◽  
The Law

Newly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.

Legal Issues in the “War on Terrorism” – Reflecting on the Conversation Between Silja N.U. Voneky and John Bellinger

2008 ◽  
Vol 9 (5) ◽  
pp. 711-736 ◽  
Author(s):  
Gabor Rona
Keyword(s):  
Armed Conflict ◽  
Legal Issues ◽  
Al Qaeda ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
War On Terrorism ◽  
Prisoner Of War ◽  
Law Of Armed Conflict ◽  
The Difference ◽  
The U.S

It is an irony of our times. The 9/11 attacks catapulted international humanitarian law (IHL) – otherwise known as the “laws of war” or the “law of armed conflict” – into popular conversation as never before. Who ever heard of Common Article 3 before the U.S. invasion of Afghanistan? Can anyone recall arguing about the criteria for prisoner of war status before the Taliban and al Qaeda? Was anyone parsing the difference between civilian trials, courts martial and military commissions before Abu Ghraib and Guantanamo?

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.

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