Compliance with International Humanitarian Law in Multinational Peace Operations

2009 ◽  
Vol 78 (4) ◽  
pp. 513-526 ◽  
Author(s):  
Ola Engdahl
Keyword(s):  
Armed Conflict ◽  
General Level ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Military Operations ◽  
Training And Education ◽  
Host State ◽  
Peace Operation ◽  
Effective Compliance

AbstractThe duty to respect international humanitarian law (IHL) in military operations requires effective tools of compliance. Peace operation forces are seldom involved in armed conflict and IHL applies formally only in a minorityof operations. The increasingly volatile environments in which peace operation personnel are required to work, and the trend of enforcement capabilities of such forces, will arguably make the question of compliance with IHL all the more important. Multinational peace operations often include a range of actors–such as the UN, another organisation leading the operation, troop contributing nations (TCNs) and the host state. Differences in training and education as well implementation of IHL in different TCNs makes compliance with IHL in multinational operations a challenging task. The use of special units with their culture of secrecy involves other complex questions. On a more general level, it is not clearly established how responsibility under international is dividedamong the main actors in a multinational peace operation. A number of practical measures are suggested to overcome challenges to an effective compliance of IHL.

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.

scholarly journals Wired warfare 3.0: Protecting the civilian population during cyber operations

2019 ◽  
Vol 101 (910) ◽  
pp. 333-355
Author(s):  
Michael N. Schmitt
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Civilian Population ◽  
Degree Of Protection ◽  
Precise Degree

AbstractAs a general matter, international humanitarian law is up to the task of providing the legal framework for cyber operations during an armed conflict. However, two debates persist in this regard, the resolution of which will determine the precise degree of protection the civilian population will enjoy during cyber operations. The first revolves around the meaning of the term “attack” in various conduct of hostilities rules, while the second addresses the issue of whether data may be considered an object such that operations destroying or altering it are subject to the prohibition on attacking civilian objects and that their effects need be considered when considering proportionality and the taking of precautions in attack. Even if these debates were to be resolved, the civilian population would still face risks from the unique capabilities of cyber operations. This article proposes two policies that parties to a conflict should consider adopting in order to ameliorate such risks. They are both based on the premise that military operations must reflect a balance between military concerns and the interest of States in prevailing in the conflict.

IHL and Peace Operations: Sharing Canada's lessons learned from Somalia

1998 ◽  
Vol 1 ◽  
pp. 362-370 ◽  
Author(s):  
Robert M. Young ◽  
Maria Molina
Keyword(s):  
Armed Forces ◽  
Lessons Learned ◽  
Background Information ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Canadian Forces ◽  
Peace Operation ◽  
Key Issues

This note briefly reviews certain aspects of international humanitarian law (IHL) arising from the civilian Commission of Inquiry established in Canada on 20 March 1995 to investigate the role of Canadian forces during the multinational peace operation in Somalia in 1992 and 1993.After some background information, we focus on two key issues concerning IHL arising from the Commission's work:(1) The applicability of IHL to a peace operation such as the Canadian deployment to Somalia; and(2) Canada's obligation to provide IHL training to die members of its armed forces.We conclude with some observations on die Commission's impact, including die responses of die Canadian government and die Canadian Forces.

National implementation of international humanitarian law. Biannual update on national legislation and case law July–December 2005

2006 ◽  
Vol 88 (861) ◽  
pp. 197-206 ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Forces ◽  
Case Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Training And Education ◽  
National Implementation ◽  
Law Of Armed Conflict ◽  
Training Institutions ◽  
And Training

A. LegislationAfghanistanA. Legislation. Afghanistan. The Order of the Minister of National Defence on the Establishment of a Board of Curriculum on [the integration of] the International Law of Armed Conflict into the Educational and Training Institutions of the National Armed Forces, as well as National Army Units was adopted in July 2005. The Order nominates the members of the Board and defines a number of duties and actions to be undertaken for the training and education of national armed forces in the law of armed conflict. These activities include in particular the preparation of teaching materials, the appointment of instructors, and the proposed establishment of a legal department within the education and training institutions of the Ministry of Defence.

Normative and Legal Challenges to un Peacekeeping Operations

2015 ◽  
Vol 19 (1-2) ◽  
pp. 1-31 ◽  
Author(s):  
Brendan Howe ◽  
Boris Kondoch ◽  
Otto Spijkers
Keyword(s):  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Military Operations ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
Normative Concepts ◽  
Legal Challenges

The application of law and norms in military operations is complex. This article provides an overview of legal and normative aspects in un peace operations. It will focus on key challenges to un peace operations. First, it will review un peacekeeping from the perspective of international law. After providing an overview of the legal framework of un peacekeeping and the application of human rights law, international humanitarian law, and international criminal law, the article turns to issues related to the accountability and immunity of un peacekeepers. The final section addresses normative concepts including the responsibility to protect, the protection of civilians, human security and their relevance in regard to un peacekeeping.

scholarly journals The Right to Life in Armed Conflict

2018 ◽  
Author(s):  
Ian Park
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Right To Life ◽  
Applicable Law ◽  
The Uk ◽  
The Right

The controversy surrounding the applicability of the right to life during armed conflict makes it arguably one of the most divisive and topical issues at the junction of international humanitarian law and international human rights law. Recent litigation has, among other things, prompted the UK government to signal an intention to derogate from Article 2, ECHR, subject to certain caveats, in future armed conflicts. The litigation pursuant to Article 2 is also set to continue as the UK, and many other States with right to life obligations, will continue to use lethal force overseas; thus the significance of the issue will remain unabated. The scope and application of the right to life in armed conflict not only concerns parties to the ECHR; the predominance of coalition military operations in recent years has necessitated that it is essential for all troop-contributing States to understand the legal limitations of those States bound by the ECHR. It is equally important that the UN, NATO, NGOs, and other governments not directly involved in the armed conflict are aware of any States’ right to life obligations. Notwithstanding this, the applicability of the right to life in armed conflict is yet to be fully considered in academic literature. This book aims to close this lacuna and address the issue of the right to life in armed conflict by identifying and analysing the applicable law, citing recent examples of State practice, and offering concrete proposals to ensure that States comply with their right to life obligations.

scholarly journals Problems of Typology of Armed Conflicts in Cyberspace

2021 ◽  
Vol 2 (2) ◽  
pp. 82-103
Author(s):  
Sergey Garkusha-Bozhko
Keyword(s):  
Armed Conflict ◽  
Information Technologies ◽  
Armed Force ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Cyber Attack ◽  
Military Operations ◽  
International Character

The development of information technologies in the modern world affects all spheres of human activity, including the sphere of military activities of states. The current level of development of military information technologies allows us to talk about a new fifth possible theatre of military operations, namely, cyberspace. The Tallinn Manual on International Law Applicable to Cyber Operations, developed in 2013 and updated in 2017 by experts from the NATO States, also confirms the likelihood of armed conflict in cyberspace. It is indisputable fact that cyber operations committed in the context of an armed conflict will be subject to the same rules of International Humanitarian Law that apply to such armed conflict. However, many cyber operations that can be classified as military operations may be committed in peacetime and are common cybercrimes. In such circumstances, it is imperative to distinguish between such cybercrimes and situations of armed conflict in cyberspace. Due to the fact, that there are only two types of armed conflict — international and non-international, this problem of differentiation raises the question of the typology of armed conflicts in relation to cyberspace. The main questions within the typology of cyber armed conflicts are: whether an international armed conflict can start solely as a result of a cyber-attack in the absence of the use of traditional armed force; and how to distinguish between ordinary criminal behaviour of individuals in cyberspace and non-international armed conflict in cyberspace? The purpose of this article is to provide answers to these urgent questions. The author analyses the following criteria that play a role in solving the above problems: criteria for assigning a cyber attack to a state and equating such a cyber-attack with an act of using armed force in a cyber armed conflict of an international character; and criteria for the organization of parties and the intensity of military actions in a non-international cyber armed conflict. Based on the results of this analysis, the author gives relevant suggestions for solving the above issues.

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>

Wartime Is Peacetime: Undeclared Armed Conflict in the Late Twentieth and Early Twenty-First Centuries

2021 ◽  
Author(s):  
Bernardo Teles Fazendeiro
Keyword(s):  
Division Of Labor ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Early Twenty ◽  
Four Books ◽  
One Step ◽  
Late Twentieth ◽  
The Military

Abstract War has increasingly concealed itself by way of euphemism and undeclared armed conflict, a practice that has unsettled the distinction between wartime and peacetime. Each of the four books reviewed herein touches upon this topic, either directly or indirectly. Carson addresses the features of and reasons for covert operations over the course of the twentieth century, focusing on concerted concerns over the risk of escalation. Hoffman and Weiss investigate the evolution of the mainstay commitment to humanitarianism in the international arena, and the extent to which it has become increasingly attached to security. Fazal largely agrees with this conclusion, but takes it one step further. She persuasively shows how the proliferation of international humanitarian law led to a decrease in formal declarations of war among states, a practice that contributed to semantic confusion as well as to the growing use of euphemism to account for armed conflict. Schadlow argues consistently for greater conceptual and practical links between war and postconflict governance, pointing, among other things, to how ill-conceived strategy regarding the broader meaning of war leads to unsuccessful military operations. The review essay subsequently links this common thread—particularly the concealed types of warfare, the use of euphemism, and limited conceptions of armed conflict—to ongoing debates on wartime and peacetime and their relationship to the international order. Overall, the international order's specific setup in conjunction with how war is no longer explicitly recognized or declared has resulted in a division of labor among the military, technocrats, and the police. This division of labor has in turn unsettled the traditional distinction between peacetime and wartime to the effect that the latter is no longer explicitly acknowledged.

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