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.

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.

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.

Tracing the Historical and Legal Development of the Levée en Masse in the Law of Armed Conflict

2017 ◽  
Vol 19 (3) ◽  
pp. 329-361 ◽  
Author(s):  
Emily Crawford
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Legal Development ◽  
Law Of Armed Conflict ◽  
History Of ◽  
The Law

Levée en masse – the spontaneous uprising of the civilian population against an invading force – has long been a part of the modern law of armed conflict with regard to determining who may legitimately participate in armed conflict. The concept originated during the revolutionary wars in America and France, and was incorporated into the first codified rules of armed conflict. However, despite the prevalence of the category of levée en masse in the modern laws of armed conflict, there have been few, if any, instances of levée en masse taking place in modern armed conflicts. This article examines how and why the category of levée en masse developed. In doing so, this article situates the concept and evolution of levée en masse within the history of international humanitarian law more generally.

The Handbook of International Humanitarian Law

2021 ◽  
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Outer Space ◽  
Humanitarian Assistance ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Law Of Armed Conflict ◽  
The Law

This updated and revised fourth edition sets out a Black Letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary. The book takes account of recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues including the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. Certain topics, such as the law of occupation, protection of the environment in relation to armed conflicts, humanitarian assistance, and human rights in armed conflict have been made more visible in separate chapters.

Internal (Non-International) Armed Conflict

2014 ◽  
Author(s):  
Eric David
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Internal Armed Conflicts

The law of armed conflict previously applied only to international armed conflicts. Today, internal armed conflicts are regulated by Article 3 common to the four Geneva Conventions of 1949, along with an increasing number of provisions. The second Additional Protocol of 1977 (AP II) to the 1949 GC contains 18 substantive provisions devoted entirely to non-international armed conflicts (NIACs). This chapter discusses the variety and complexity of international humanitarian law rules applicable to NIACs and the criteria used for identifying the existence of a NIAC. It considers how the nature of hostilities and the quality of the actors are used as defining criteria to distinguish an armed conflict from banditry, terrorism, and short rebellions.

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.

scholarly journals EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

2021 ◽  
Vol 74 (1) ◽  
pp. 20-26
Author(s):  
Oleksandra Severinova ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of Armed Conflict ◽  
The World ◽  
History Of ◽  
Political Economic ◽  
Methodological Aspects

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

scholarly journals Lessons for the law of armed conflict from commitments of armed groups: identification of legitimate targets and prisoners of war

2011 ◽  
Vol 93 (882) ◽  
pp. 463-482 ◽  
Author(s):  
Sandesh Sivakumaran
Keyword(s):  
Armed Conflict ◽  
Ad Hoc ◽  
Prisoners Of War ◽  
International Standards ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Rules Set

AbstractArmed groups frequently issue ad hoc commitments that contain a law of armed conflict component. These commitments detail the obligation of the relevant armed group to abide by international humanitarian law, the Geneva Conventions, or particular rules set out in the commitment. They commit the group to abide by international standards, sometimes exceed international standards, or in certain respects violate international standards. Although these commitments are often overlooked, they offer certain lessons for the law of armed conflict. This article considers the commitments of armed groups with respect to two specific areas of the law that are either of contested interpretation or seemingly inapplicable to non-international armed conflicts, namely the identification of legitimate targets and the prisoners of war regime.

Proportionality in Armed Conflicts: A Principle in Need of Clarification?

2012 ◽  
Vol 3 (1) ◽  
pp. 73-123
Author(s):  
Ben Clarke
Keyword(s):  
Decision Making ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Guidance Document ◽  
Humanitarian Law ◽  
The Law ◽  
Proportionality Principle

In their quest to find ways to reduce civilian casualties during armed conflict, States often emphasise the importance of compliance with fundamental rules of international humanitarian law that apply during the conduct of hostilities. Chief among them are the rules of distinction, proportionality and precaution. This contribution focuses on the proportionality principle. It examines whether there is a need for clarification or development of this rule. After highlighting reasons why clarification of the law on proportionality is necessary, the author proposes a guidance document on proportionality decision-making in armed conflict. To lay the foundation for such a document, the author identifies a range of issues that could be addressed in the document.

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