The Conflict of the Indicators

2015 ◽  
Vol 12 (1) ◽  
pp. 19-49
Author(s):  
Lina Buchely

This text presents a critique of the version of the Colombian conflict constructed by Law 1448 of 2011 and the indicators designed to evaluate its implementation. The principal argument is that the text of the law and the indicators used have produced, consolidated and normalized an exclusionary vision of the armed conflict and created an exotic idea of the conflict, centred on the rural and the distant, ignoring its nearby, everyday nature. This exotic concept of the conflict is linked to the way in which the model of transitional justice has been constructed and globalized. The text is based on a case study carried out in Cali, the capital of the Department of Valle del Cauca, and currently the most violent urban centre in the country. The conclusion of the paper is that indicators are not only measures — they shape reality and profoundly impact people’s lives.

TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.


2010 ◽  
Vol 42 (3) ◽  
pp. 487-516 ◽  
Author(s):  
JEMIMA GARCÍA-GODOS ◽  
KNUT ANDREAS O. LID

AbstractIn a context of continuing armed conflict, a comprehensive scheme of transitional justice has been developed in Colombia since 2005 through the Law of Justice and Peace, with the aim of achieving peace with one of the armed actors in the conflict, the paramilitary groups. The clear link between the demobilisation of illegal armed groups and the rights of the victims is the main feature of the Colombian process. This article provides a systematic review of the implementation of the law, focusing on the institutions, mechanisms and procedures put in place to fulfil its goals. Emphasis is given to the legal category of ‘victim’, victims' rights and victim reparation measures. By exploring how the scheme works in principle and in practice, we are able to assess the prospects for victims' rights in Colombia today.


2019 ◽  
Vol 44 (1) ◽  
pp. 31-57
Author(s):  
Cornelia Klocker

Collective punishment describes the punishment of a group for an act allegedly committed by one or more of its members and is prohibited in times of armed conflict. It is not explicitly prohibited in situations outside of armed conflict governed by human rights law. This contribution centers on a case study on collective punishment in Chechnya from the two Chechen Wars up until today. Recent years have witnessed the destruction of family homes of alleged insurgents in Chechnya. As it is unclear whether the armed conflict in Chechnya is still ongoing, it is equally unclear whether the law of armed conflict and the explicit prohibition of collective punishment apply to those punitive house burnings. This contribution explores the relation between the law of armed conflict and human rights law regarding collective punishment and concludes that, theoretically, human rights law could encompass such a prohibition.


2021 ◽  
Author(s):  
Conor Muldoon ◽  
Levent Görgü ◽  
John J. O’Sullivan ◽  
Wim G. Meijer ◽  
Gregory M. P. O’Hare

<pre>The paper discusses practices and patterns for the development of maintainable and testable software using the React and Spring Boot frameworks. There have been many textbooks written on both React and Spring Boot, but little in the way of comprehensive research studies and critical analyses in the literature. The paper draws from a well-known software development guideline for encapsulation and modularity, namely the `Law of Demeter’, but differs from it in a number of ways. It extends the application of the principle of least knowledge to non-pure object-oriented programming languages, first-class JavaScript functions, and the properties of React components. Additionally, it introduces component closure factories, which address the prop drilling problem in React. Component closure factories differ from other solutions to this problem that make state global and make it more difficult to reuse components. Providing guidelines in relation to the development of testable React and Spring Boot applications is important in that these technologies are widely used in industry. In addition to the principle of least knowledge and component closure factories, the paper discusses a number of supplementary practices and provides a case study. </pre><div><br></div>


2021 ◽  
Author(s):  
Conor Muldoon ◽  
Levent Görgü ◽  
John J. O’Sullivan ◽  
Wim G. Meijer ◽  
Bartholomew Masterson ◽  
...  

<pre>The paper discusses practices and patterns for the development of maintainable and testable software in relation to the development applications that use the React and Spring Boot frameworks. There have been many textbooks written on both React and Spring Boot, but little in the way of comprehensive research studies and critical analyses in the literature. The paper draws from a well-known software development guideline for encapsulation and modularity, namely the `Law of Demeter’, but differs from it in a number of ways. It extends the application of the principle of least knowledge to non-pure object-oriented programming languages, first-class JavaScript functions, and the properties of React components. Additionally, it introduces component closure factories, which address the prop drilling problem in React. Component closure factories differ from other solutions to this problem that make state global and make it more difficult to reuse components. Providing guidelines in relation to the development of testable React and Spring Boot applications is important in that these technologies are widely used in industry. In addition to the principle of least knowledge and component closure factories, the paper discusses a number of supplementary practices and provides a case study. </pre><div><br></div>


2021 ◽  
Author(s):  
Conor Muldoon ◽  
Levent Görgü ◽  
John J. O’Sullivan ◽  
Wim G. Meijer ◽  
Bartholomew Masterson ◽  
...  

<pre>The paper discusses practices and patterns for the development of maintainable and testable software using the React and Spring Boot frameworks. There have been many textbooks written on both React and Spring Boot, but little in the way of comprehensive research studies and critical analyses in the literature. The paper draws from a well-known software development guideline for encapsulation and modularity, namely the `Law of Demeter’, but differs from it in a number of ways. It extends the application of the principle of least knowledge to non-pure object-oriented programming languages, first-class JavaScript functions, and the properties of React components. Additionally, it introduces component closure factories, which address the prop drilling problem in React. Component closure factories differ from other solutions to this problem that make state global and make it more difficult to reuse components. Providing guidelines in relation to the development of testable React and Spring Boot applications is important in that these technologies are widely used in industry. In addition to the principle of least knowledge and component closure factories, the paper discusses a number of supplementary practices and provides a case study. </pre><div><br></div>


2016 ◽  
Vol 8 (13) ◽  
pp. 108-129
Author(s):  
Didima Rico Chavarro

En este artículo se identifica a la fuerza pública como ac- tor del conflicto armado colombiano, y se cuestiona su intervención como parte determinante en la focalización de los predios a restituir y las consecuencias para el desa- rrollo de los acuerdos de Paz de La Habana. El significado y alcance de la restitución de tierras a las víctimas del conflicto armado encuentra fundamento en el desarrollo del derecho a la paz, en el marco de la justicia transicional, los avances jurisprudenciales y los propósi- tos de la ley que prioriza la seguridad para la restitución de las tierras.In this article the security forces acting conflict, a situa- tion that challenges his intervention as a key part of the decision to focus on the land to restore and consequences for the development of the Peace Accords Havana is iden- tified. The meaning and scope of the restitution of land to vic- tims of armed conflict, is based on the development of the right to peace as part of transitional justice, the juris- prudential advances and purposes of the law that priori- tizes safety for land restitution. 


2021 ◽  
pp. 15-50
Author(s):  
Consuelo Corredor ◽  
Clara Ramírez

Resumen: Durante décadas, Colombia estuvo en la agenda nacional e internacional de los estudios sobre violencia, por la prolongada duración del conflicto armado, por la diversidad de actores con roles y características diferentes, y especialmente por las serias consecuencias en cuanto a desplazamientos, desapariciones y asesinatos sufridos por amplios sectores de la población, así como por los graves efectos sobre el uso y apropiación de valiosos recursos vinculados a la tierra y a las actividades extractivas. Pasados algo más de cuatro años del proceso de implementación del Acuerdo Final de Paz entre el Gobierno y las Fuerzas Armadas Revolucionarias de Colombia- Ejército del Pueblo (FARC-EP), que por el alcance de los compromisos y por los acuerdos inéditos en justicia transicional ha despertado un gran interés de académicos y políticos en el concierto internacional, en este artículo se presentan algunas reflexiones sobre el contexto en el que se ha desarrollado su implementación, las oportunidades que se han abierto, y los avances y retos que enfrenta, la mayoría de ellas derivadas de los informes realizados por los órganos dispuestos para el seguimiento y verificación de los compromisos adquiridos por las partes. Four Years in the Way of Implementing the Final Agreement between the Colombia Government and the FARc-EP Abstract: For decades, Colombia was on the national and international agenda of studies on vio- lence due to the prolonged duration of the armed conflict, due to the diversity of actors with different roles and characteristics, and especially due to the serious consequences of displacement, disappearances and murders suffered by broad sectors of the population, as well as the serious effects on the use and appropriation of valuable resources linked to land and extractive resources. After just over 4 years of implementation of the Agreement with the FARC-EP, Colombia awakens great academic and political interest in the international arena, due to the scope of the commit- ments and unpublished agreements on transitional justice and mechanisms for the sustainability of the achievements. Keywords: armed conflict, peace negotiations, democracy, victims, land, challenges, alerts.  


Author(s):  
Viktor Filatov ◽  
Sergey Нerasymchuk ◽  
Oksana Zuieva ◽  
Oksana Tuieva ◽  
Dmytrо Kartsyhin

The aim of the research is a comprehensive analysis of the problem of protecting property rights against a terrorist threat and finding ways to solve it. The article deals with the main problems of protection of property rights under conditions of external military aggression in Ukraine. The authors, with the example of a separate case, analyses the problematic aspects of renewing and granting property rights to citizens residing in the temporarily occupied territory of Ukraine. Methodologically, it is a documentary research. It is concluded that the law and judicial practice of the protection of property rights in the example of the right to compensation for damaged homes may prove insufficient on its own. The weaknesses of Ukrainian legislation in compensation for damage caused to citizens in conditions of armed conflict and terrorist activity are discussed in detail. Finally, it emphasizes the role of transitional justice in improving the law and practice of resolving disputes overcompensation for moral and material damage under the conditions of occupation of certain territories of Ukraine.


2021 ◽  
Author(s):  
Conor Muldoon ◽  
Levent Görgü ◽  
John J. O’Sullivan ◽  
Wim G. Meijer ◽  
Bartholomew Masterson ◽  
...  

<pre>The paper discusses practices and patterns for the development of maintainable and testable software using the React and Spring Boot frameworks. There have been many textbooks written on both React and Spring Boot, but little in the way of comprehensive research studies and critical analyses in the literature. The paper draws from a well-known software development guideline for encapsulation and modularity, namely the `Law of Demeter’, but differs from it in a number of ways. It extends the application of the principle of least knowledge to non-pure object-oriented programming languages, first-class JavaScript functions, and the properties of React components. Additionally, it introduces component closure factories, which address the prop drilling problem in React. Component closure factories differ from other solutions to this problem that make state global and make it more difficult to reuse components. Providing guidelines in relation to the development of testable React and Spring Boot applications is important in that these technologies are widely used in industry. In addition to the principle of least knowledge and component closure factories, the paper discusses a number of supplementary practices and provides a case study. </pre><div><br></div>


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