The Humanitarian Civilian

Humanitarian Law ◽

Civilian Protection ◽

The Hague ◽

The Difference ◽

Directing Attention

In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the Kinetic realm, where distinction is in motion in South Sudan; the Pedagogical realm, where distinction is taught in civil–military training spaces in Europe; and the Intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of ‘civilianness’ in everyday practice. To safeguard their civilian status, and to deflect any qualities of ‘combatantness’ that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian–civilian lines, suggesting that humanitarian actors are longing for something more than civilian status–the ‘civilian plus’. This special status presents a paradox: the appeal to the ‘civilian plus’ undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, it is emphasized that even at the most normative level there is no bright-line distinction to be found.

Development of International Humanitarian Law: Conference of Red Cross Experts

10.1017/s0020860400024190 ◽

1972 ◽

Vol 12 (132) ◽

pp. 151-157

Keyword(s):

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

Previous Issue ◽

The Hague ◽

First Session

As announced in a previous issue, the ICRC is organizing the second session of the Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, to be held from 3 May to 3 June 1972.Last year, the first session was preceded by a meeting of Red Cross experts at The Hague in March. A similar meeting will be held in 1972, to permit National Societies to keep abreast of developments in the work in hand.

Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: Conference of Red Cross Experts

10.1017/s0020860400023809 ◽

1971 ◽

Vol 11 (121) ◽

pp. 193-206

Keyword(s):

The Netherlands ◽

United Nations ◽

International Committee ◽

Secretary General ◽

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

The Hague ◽

The United Nations

On 1 March 1971, the Conference of Red Cross experts on the reaffirmation and development of international humanitarian law applicable in armed conflict opened at the Peace Palace in The Hague. The Conference, of which the significance was explained in our March issue, and which continued until 6 March, was convened by the International Committee of the Red Cross and organized with the valuable co-operation of the Netherlands Red Cross Society. Sixty-nine delegates, representing 34 National Red Cross and Red Crescent Societies, participated in the session.The opening meeting, under the Chairmanship of the Jonkheer Kraijenhoff, President of the Netherlands Red Cross Society, took place in the main hall of the International Court of Justice, in the presence of H.E. Mr. C. H. F. Polak, Minister of Justice, Mr. V. G. M. Marijnen, Burgomaster of The Hague, Mr. Marcel A. Naville, President of the ICRC, Mr. Marc Schreiber, Director of the U.N. Human Rights Division, Mr. Nedim Abut, Under Secretary-General of the League of Red Cross Societies, and many diplomatic representativesA number of speakers took the floor. Mr. Marijnen bade the participants welcome; Mr. Schreiber presented the greetings and good wishes of the United Nations Secretary-General, underlining the excellent co-operation between the United Nations and the ICRC. The Presidents of the Netherlands Red Cross and of the ICRC each delivered an address, the main passages of which we reproduce below, not omitting to mention that Mr. Naville expressed the Geneva institution's gratitude to the Netherlands Red Cross which played a determining role in the organizing of the Conference.

The asymmetric war discourse and its moral economies: a critique

International Theory ◽

10.1017/s1752971911000145 ◽

2011 ◽

Vol 3 (3) ◽

pp. 488-514 ◽

Cited By ~ 17

Author(s):

Yves Winter

Keyword(s):

Armed Conflicts ◽

Humanitarian Law ◽

Asymmetric War ◽

Military Conflicts ◽

Moral Economies ◽

State Actors ◽

The Difference ◽

Normative Order ◽

War Discourse

Contemporary military conflicts are frequently referred to as ‘new’, ‘irregular’, or ‘asymmetric’, labels that are meant to distinguish contemporary conflict formations from previous ones. Yet the language of asymmetry is not just a conveniently vague gloss for a variety of conflicts; it also introduces a normative schema that moralizes and depoliticizes the difference between states and non-state actors. The description of contemporary conflicts as asymmetric allows states to be portrayed as victims of non-state actors, as vulnerable to strategic constellations they ostensibly cannot win. ‘Asymmetry’ is today's idiom to distinguish between civilized and uncivilized warfare, an idiom that converts ostensibly technological or strategic differences between state and non-state actors into moral and civilizational hierarchies. Furthermore, the claim that these types of conflicts are new is used to justify attempts to revisit and rewrite the international laws of armed conflicts. While such attempts are unlikely to succeed in the formal arena, informally, a transformation of the international normative order is already underway. At the heart of this transformation is how states interpret a key cornerstone of international humanitarian law: the principle of discrimination between combatants and civilians.

The Vukovar Hospital case from the perspective of a national investigative judge

10.1017/s1816383114000332 ◽

2013 ◽

Vol 95 (890) ◽

pp. 267-286

Author(s):

Miroslav Alimpić

Keyword(s):

International Criminal ◽

International Criminal Tribunal ◽

War Crimes ◽

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

The Hague ◽

Court Proceedings ◽

Special Protection

AbstractAmong the increasingly frequent acts of non-compliance with, and grievous violations of, international humanitarian law around the world, especially in non-international armed conflicts, attacks on objects and persons enjoying special protection, and their abuse, as well as the misuse of the distinctive emblems of the Red Cross and Red Crescent, come as no surprise. Although a repressive approach to the problem – through the prosecution and punishment of perpetrators – cannot completely prevent such occurrences, an effective and appropriate judicial stigmatisation can significantly contribute to making them as rare as possible. In this regard, the court proceedings held before the War Crimes Chamber in Belgrade and the International Criminal Tribunal for the former Yugoslavia in The Hague in connection with the events in and around the Vukovar Hospital and Ovčara farm have provided an appropriate judicial response. This is notwithstanding the fact that, at least for now, not all perpetrators have been prosecuted for their acts (or failure to act) at the time of the commission of these grave crimes.

Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts — Conference of Government Experts

10.1017/s0020860400080979 ◽

1971 ◽

Vol 11 (123) ◽

pp. 311-315

Keyword(s):

The Netherlands ◽

Armed Conflicts ◽

Red Cross ◽

International Review ◽

Humanitarian Law ◽

In its issue of April 1971, International Review printed an account of the Conference of Red Cross experts convened by the ICRC that had taken place at The Hague, in co-operation with the Netherlands Red Cross, from 1 to 6 March 1971. A report on its work was submitted to the Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law, it, too, convened by the ICRC, which opened in Geneva on 24 May 1971.

The Problem of Cyber Espionage in the International Humanitarian Law

Moscow Journal of International Law ◽

10.24833/0869-0049-2021-1-70-80 ◽

2021 ◽

pp. 70-80

Author(s):

S. Yu. Garkusha-Bozhko

Keyword(s):

International Law ◽

Armed Conflict ◽

Geneva Convention ◽

Armed Conflicts ◽

Humanitarian Law ◽

Practical Application ◽

Additional Protocol ◽

Cyber Espionage ◽

INTRODUCTION. The article analyses the problem of cyber espionage in the context of armed conflict in cyberspace. The relevance of this research, as part of the problem of international humanitarian law applying in cyberspace, is confirmed by the rapid development of cyber technologies that can be used during armed conflict, as well as the availability of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations.MATERIALS AND METHODS. The main sources of this research are the provisions of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, the rules of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the rules of the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of custom- ary international humanitarian law. The methodology consists of the principles used in legal research, as well as general scientific and special methods of legal research (system and formal legal methods).RESEARCH RESULTS. The provisions of the Tallinn Manual on cyber espionage were examined for compliance with the relevant provisions of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of customary international humanitarian law, as well as the problems that may arise in the process of possible practical application of this provision of the Tallinn Manual.DISCUSSION AND CONCLUSIONS. It is noted that the provisions of the Tallinn Manual 2.0 on cyber espionage are based on the relevant rules of international law. In fact, the relevant provision of the Tallinn Manual is completely copied from the relevant rules of IHL. However, based on the results of this research, the author comes to the conclusion that such blind copying does not take into account the specifics of cyberspace and leads to the following problems in the possible practical application of this provision of the Tallinn Manual: firstly, due to the anonymity of users, it will be difficult to distinguish between a cyber intelligence officer and a cyber spy in practice. Secondly, due to the difficulties in establishing clear state borders in cyberspace, including due to the use of blockchain and VPN technologies, in practice it is impossible to reliably establish whether secret information was collected on the territory of the enemy, which, in turn, leads to difficulties in qualifying such an act as cyber espionage. Finally, in the context of modern armed conflicts, espionage has ceased to be a phenomenon exclusively of international armed conflicts, and therefore it is likely that cyber espionage can be carried out not only in the context of an international armed conflict, but also in the context of a non-international armed conflict. Based on the results of this research, suggestions were made to develop state practice on this issue. It is desirable that States raise the discussion of the above issues at the UN General Assembly, which would help to identify the main trends in the development of such practices. Only And only after the practice of States on this issue becomes more obvious, the question of developing an appropriate international treaty, preferably within the UN, can be raised.

Compliance with International Humanitarian Law

10.1017/s0020860400060526 ◽

1991 ◽

Vol 31 (282) ◽

pp. 294-306

Author(s):

George H. Aldrich

Keyword(s):

United States ◽

The United States ◽

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

Large Measure ◽

University Of Leiden ◽

The Hague ◽

The University

In 1974, the University of Leiden (Netherlands) established a Chair of International Humanitarian Law, whose first incumbent was Professor Frits Kalshoven, a familiar name to readers of the Review. Mr. George Aldrich, who led the United States delegation at the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts from 1974 to 1977, and who since 1981 has been a Judge at the Iran-United States Claims Tribunal in The Hague, was recently appointed as his successor.During an official ceremony held at the University of Leiden on 13 November 1990, the new holder of the “Red Cross Chair”, as it is sometimes called, made a pressing appeal in his inaugural lecture for compliance with international humanitarian law. In his talk Professor Aldrich described with a large measure of realism the obstacles to implementation of the law but showed cautious optimism in reviewing the means available to the international community to surmount those obstacles.The Review is pleased to publish, with the author's agreement, the text of his lecture which brings to a close, on a note of appeal and hope, this series of articles devoted to implementation of international humanitarian law.

ICRC President in the Netherlands – Spain – Pakistan – Republic of Vietnam – Khmer Republic – Laos – Hong Kong – Near East – Bolivia

10.1017/s0020860400023810 ◽

1971 ◽

Vol 11 (121) ◽

pp. 207-215

Keyword(s):

Hong Kong ◽

The Netherlands ◽

Prime Minister ◽

International Committee ◽

Armed Conflicts ◽

Red Cross ◽

Director General ◽

Humanitarian Law ◽

On the occasion of the Conference of Red Cross Experts on the reaffirmation and development of international humanitarian law applicable in armed conflicts, held at The Hague, Mr. Marcel A. Naville, President of the International Committee, accompanied by Mr. R. Gallopin, member of the ICRC, and Mr. A. van Emden, Director-General of the Netherlands Red Cross, called on 3 March 1971 upon Mr. P. J. S. de Jong, Prime Minister of the Netherlands Government.

Commentary: The Yugoslavia Tribunal and the Common Core of Humanitarian Law Applicable to all Armed Conflicts

Leiden Journal of International Law ◽

10.1017/s0922156500000406 ◽

2000 ◽

Vol 13 (3) ◽

pp. 619-653 ◽

Cited By ~ 3

Author(s):

Sonja Boelaert-Suominen

Keyword(s):

Common Core ◽

Armed Conflict ◽

The Body ◽

Armed Conflicts ◽

Humanitarian Law ◽

Internal Armed Conflict ◽

Geneva Conventions ◽

The Common ◽

This article discusses the contribution made by the jurisprudence of the Yugoslavia Tribunal to the articulation of the body of international humanitarian law that applies to all armed conflicts, regardless of whether they are international or internal. The Tadić Jurisdiction Decision rendered by the Appeals Chamber in 1995 set the stage for a substantial “rapprochement” of the regulatory content of war crimes committed in international and internal armed conflict, using Common Article 3 of the Geneva Conventions as the main vehicle. The first judgements have contributed greatly to the expansion of the body of “Geneva law” applicable to all armed conflicts. More recently, the Tribunal has started to examine cases of armed conflicts per se, in which perpetrators have been charged with violation of the “Hague law”, i.e., the law relating to the conduct of hostilities. The end result of this development will be elaboration of a common core of Geneva law and Hague law applicable to all armed conflicts that have reached the threshold of Common Article 3 of the Geneva Conventions.

Trends in the application of international humanitarian law by United Nations human rights mechanisms

10.1017/s0020860400091282 ◽

1998 ◽

Vol 38 (324) ◽

pp. 481-503 ◽

Cited By ~ 5

Author(s):

Daniel O'Donnell

Keyword(s):

Human Rights ◽

Armed Conflicts ◽

Internally Displaced Persons ◽

Humanitarian Law ◽

Peace Agreement ◽

Internally Displaced ◽

Working Groups ◽

The Hague ◽

The Law

UN human rights mechanisms continue to proliferate, producing numerous decisions and voluminous reports. This article reviews the ways in which such mechanisms apply international humanitarian law, including the law of Geneva and the law of The Hague. In doing so, it focuses mainly on the practice of the rapporteurs appointed by the UN Commission on Human Rights to investigate the human rights situations in specific countries and on that of the thematic rapporteurs and working groups which the Commission has entrusted with monitoring specific types of serious human rights violations wherever they occur, in particular the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the Representative of the Secretary-General on Internally Displaced Persons, whose mandates most often lead them to examine abuses occurring in the context of armed conflicts. Reference is also made to two innovative mechanisms which functioned in El Salvador: the first UN-sponsored “truth commission” and the first human rights monitoring body established as part of a comprehensive mechanism for monitoring compliance with a UN-sponsored peace agreement. Certain observations made by treaty monitoring bodies are also mentioned.