The Legal Framework for Protection of United Nations Humanitarian Premises during Armed Conflict

2014 ◽  
Vol 18 (1) ◽  
pp. 68-108
Author(s):  
Lance Bartholomeusz
Keyword(s):  
United Nations ◽  
Armed Conflict ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
List Type ◽  
Humanitarian Law ◽  
Humanitarian Operations ◽  
The Law

The United Nations, its premises and personnel are increasingly present in the theatre of armed conflict across the globe. During armed conflict, un humanitarian agencies are now more likely to stay or arrive and deliver than to evacuate.1 Parties to an armed conflict may fight in close proximity to un premises. Today, from the Gaza Strip to South Sudan to Syria, during armed conflict thousands of displaced civilians seek shelter in un premises and the protection of the blue un flag, which is perceived to give better protection than fundamental principles of international humanitarian law (ihl).2 What is the legal framework for protection offered by the un flag to un humanitarian premises, including to displaced civilians they may shelter during armed conflict? To use the language of State responsibility, this paper considers the relevant primary obligations of ihl and un law, how a possible conflict between those primary obligations is resolved, and then considers the legal consequences of a breach of the relevant primary obligation in accordance with the secondary rules of the law of State responsibility. Thus, the paper addresses four questions: (1)What protection does international humanitarian law and international criminal law provide to un humanitarian operations, in particular un premises? (2)What protection does United Nations law provide to un humanitarian operations, in particular un premises? (3)What if there is a conflict between United Nations law and ihl? (4)In case of a violation of United Nations law protecting un premises, could there be circumstances precluding wrongfulness under the law of State responsibility?

scholarly journals Liar's war: Protecting civilians from disinformation during armed conflict

2021 ◽  
pp. 1-24
Author(s):  
Eian Katz
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Human Needs ◽  
Traditional Classification

Abstract Disinformation in armed conflict may pose several distinctive forms of harm to civilians: exposure to retaliatory violence, distortion of information vital to securing human needs, and severe mental suffering. The gravity of these harms, along with the modern nature of wartime disinformation, is out of keeping with the traditional classification of disinformation in international humanitarian law (IHL) as a permissible ruse of war. A patchwork set of protections drawn from IHL, international human rights law and international criminal law may be used to limit disinformation operations during armed conflict, but numerous gaps and ambiguities undermine the force of this legal framework, calling for further scholarly attention and clarification.

scholarly journals International Human rights law in an armed conflict: Legal perspectives on obligations of States and Extraterritoriality

2018 ◽  
Vol 6 (1) ◽  
pp. 44-58
Author(s):  
Sardar M. A. Waqar Khan Arif
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law

Human rights are available to everyone on the basis of humanity. Universality, non-discrimination, equality and inalienability are core principles governing International Human rights Law (IHRL). The law governing armed conflict or war is known as International humanitarian Law (IHL). In the case of armed conflict, IHRL poses certain obligations on states along with humanitarian obligations. In this context, this article identifies the international human rights obligations of States in armed conflict. It argues that States must respect, promote, protect and fulfill human rights obligations of individuals, in the case of armed conflict, with increasing and serious concern, by analyzing the applicable legal framework under IHRL. It also addresses the extraterritorial application of IHRL and its limitations and derogations in armed conflict. Further, it discusses contemporary challenges for States in jurisdictional applicability and implementation of IHRL. To that extent, the argument developed throughout this article is that States have obligations under IHRL, irrespective of humanitarian obligations, not only in peace situations but also in the case of war or armed conflict.

The International Legal Status of Armed Groups: Can One Be Determined Outside the Scope of Armed Conflict?

2018 ◽  
Vol 51 (2) ◽  
pp. 321-335 ◽  
Author(s):  
Tom Gal
Keyword(s):  
Armed Conflict ◽  
Legal Status ◽  
International Criminal ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Personality ◽  
International Legal Personality

In 2016 Daragh Murray published his book Human Rights Obligations of Non-State Armed Groups (Hart 2016). By way of distinction from many other contributions on this widely discussed topic, Murray tries to provide the reader with a complete overview of the legal framework that enables armed groups to acquire international legal status, and preferably outside the framework of armed conflict. He walks the reader through the path of international legal personality, leading towards the acknowledgement of armed groups as addressees of the law. Murray's attempt is courageous, interesting and innovative, but it has its shortcomings. These include his reliance on international criminal law as a source for defining armed groups, and his insistence on stepping outside international humanitarian law. Nonetheless, his contribution is essential for those who wish to include even more armed groups on the international plane.

scholarly journals THE ACT OF ABDUCTION AND WOMEN TRAFFICKING IN NON-INTERNATIONAL ARMED CONFLICT (NIAC): BOKO HARAM CASE

2021 ◽  
Vol 5 (1) ◽  
pp. 81-97
Author(s):  
Astrid Adelina ◽  
Nadhifa Khairunissa Ishadi
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Geneva Convention ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Suicide Bombing ◽  
Boko Haram ◽  
The Law

ABSTRACT Armed conflict situations will always have real negative implications, one of them is the attack against civilians. Civilians are considered as non-combatant, they do not participate in armed conflicts, thus they should not be targeted and attacked. One of the civilian groups who have special protection is women. But, in reality, women still frequently become the main victim. In the case of non-international armed conflict between Nigeria and Boko Haram, it is found that 2000 female students were abducted. They were sexually abused such as raped, sexual slavery, forced marriage, trafficked and ordered to commit suicide bombing. Nigeria is a state party to Additional Protocol II of the 1949 Geneva Convention as well as Rome Statute 1998. Nonetheless the crimes cannot be avoided and go unpunished. This paper highlights the analysis of the crime addressed to women from the perspective of international humanitarian law and international criminal law particularly in regards to the law enforcement. Research indicates that there is impunity which causes unwillingness of Nigeria to enforce the law against Boko Haram. Hence the international mechanism through ICC can be the best option to bring justice. Keywords: Boko Haram, International Criminal Law, International Humanitarian Law, Non-International Armed Conflict, Women.   ABSTRAK Keadaan konflik bersenjata akan selalu memiliki implikasi negatif yang nyata, salah satunya terhadap pihak sipil. Pihak sipil disebut sebagai non-kombatan, yaitu orang-orang yang tidak berpartisipasi di dalam konflik bersenjata, yang berarti orang-orang tersebut bukanlah target dan tidak boleh diserang. Salah satu pihak yang mendapat perlindungan khusus adalah perempuan. Tetapi, pada kenyataannya perempuan masih sering menjadi korban utama. dalam konflik non-internasional antara Nigeria dan Boko Haram, ditemukan fakta 2000 pelajar perempuan diculik. Mereka mengalami berbagai kekerasan seksual seperti pemerkosaan, budak seks, kawin paksa, perdagangan manusia, dan bahkan untuk melakukan bom bunuh diri. Nigeria adalah negara pihak Protokol Tambahan II Konvensi Jenewa 1949 dan Statuta Roma 1998. Namun kejahatan-kejahatan tersebut tidak dapat terhindari dan tidak diadili. Tulisan ini menitikberatkan penegakan hukum terkait kejahatan terhadap perempuan dilihat dari perspektif hukum humaniter internasional dan hukum pidana internasional. Berdasarkan penelitian, terdapat praktek impunitas yang menunjukan ketidakmauan Nigeria untuk melakukan penegakan hukum terhadap Boko Haram sebagai pelaku kejahatan tersebut. Oleh karenanya mekanisme ICC dapat merupakan pilihan terbaik untuk menegakan keadilan. Kata Kunci: Boko Haram, Hukum Humaniter Internasional, Hukum Pidana Internasional, Konflik Bersenjata Non-Internasional, Perempuan

Displacement of Civilians during Armed Conflict in the Light of the Case Law of the Eritrea-Ethiopia Claims Commission

2009 ◽  
Vol 22 (4) ◽  
pp. 823-851 ◽  
Author(s):  
ALLEHONE MULUGETA ABEBE
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Case Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Law

AbstractThe awards on liability and damages for violations of international humanitarian law of the Eritrea-Ethiopia Claims Commission uncover both the extent of state responsibility for unlawful displacement and deportation of civilian population resulting from wrongful actions of belligerents under international law and the availability of remedies for victims of such violations. The Commission reached a number of important decisions based on government-to-government claims brought by Ethiopia and Eritrea for injuries, losses, and damage suffered by individuals and groups uprooted by the war. While these decisions bring to light the potential of international humanitarian law in addressing the plight of the displaced, they also expose the limitations of the tribunal's mandate and its interpretation of existing law. The aim of this essay is to analyse the case law of the Commission in the light of international law applicable to situations of displacement of civilians triggered by international armed conflicts, and evaluate the relevance of the Commission's jurisprudence for the development of the law in the field.

Part VII Inter-linkages with Other Regimes, Ch.50 Armed Conflict and the Environment

2021 ◽  
Author(s):  
Bruch Carl ◽  
Payne Cymie R ◽  
Sjöstedt Britta
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Starting Point

This chapter looks at how the concern for the environment in relation to armed conflict can be addressed from several bodies of international law. These diverse bodies of law emerged largely isolated from one another: international humanitarian law, international environmental law, international criminal law, international human rights law, the United Nations (UN) Charter, and so on. Hence, a fragmented and unclear legal framework protects the environment in times of armed conflict. The chapter focuses on the interlinkages between international environmental law and other bodies of international law to protect the environment in relation to armed conflict. The thesis is that international environmental law norms are increasingly shaping protection of the environment in relation to armed conflict, in contrast to the relative rigidity of international humanitarian law norms, which is traditionally the starting point for analysing wartime environmental protection. The chapter begins with a brief consideration of international law applicable during all temporal phases of armed conflict: before conflict (including conflict prevention); during conflict; and after conflict. It then explores the issues and relevant law particular to specific phases.

International humanitarian law and cyber operations during armed conflicts

2020 ◽  
Vol 102 (913) ◽  
pp. 481-492
Keyword(s):  
United Nations ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
List Type ◽  
Cyber Warfare ◽  
Humanitarian Law ◽  
Cyber Attack ◽  
Human Cost

Executive summary•Cyber operations have become a reality in contemporary armed conflict. The International Committee of the Red Cross (ICRC) is concerned by the potential human cost arising from the increasing use of cyber operations during armed conflicts.•In the ICRC's view, international humanitarian law (IHL) limits cyber operations during armed conflicts just as it limits the use of any other weapon, means or method of warfare in an armed conflict, whether new or old.•Affirming the applicability of IHL does not legitimize cyber warfare, just as it does not legitimize any other form of warfare. Any use of force by States – cyber or kinetic – remains governed by the Charter of the United Nations and the relevant rules of customary international law, in particular the prohibition against the use of force. International disputes must be settled by peaceful means, in cyberspace as in all other domains.•It is now critical for the international community to affirm the applicability of international humanitarian law to the use of cyber operations during armed conflicts. The ICRC also calls for discussions among governmental and other experts on how existing IHL rules apply and whether the existing law is adequate and sufficient. In this respect, the ICRC welcomes the intergovernmental discussions currently taking place in the framework of two United Nations General Assembly mandated processes.•Events of recent years have shown that cyber operations, whether during or outside armed conflict, can disrupt the operation of critical civilian infrastructure and hamper the delivery of essential services to the population. In the context of armed conflicts, civilian infrastructure is protected against cyber attacks by existing IHL principles and rules, in particular the principles of distinction, proportionality and precautions in attack. IHL also affords special protection to hospitals and objects indispensable to the survival of the civilian population, among others.•During armed conflicts, the employment of cyber tools that spread and cause damage indiscriminately is prohibited. From a technological perspective, some cyber tools can be designed and used to target and harm only specific objects and to not spread or cause harm indiscriminately. However, the interconnectivity that characterizes cyberspace means that whatever has an interface with the Internet can be targeted from anywhere in the world and that a cyber attack on a specific system may have repercussions on various other systems. As a result, there is a real risk that cyber tools are not designed or used – either deliberately or by mistake – in compliance with IHL.•States’ interpretation of existing IHL rules will determine the extent to which IHL protects against the effects of cyber operations. In particular, States should take clear positions about their commitment to interpret IHL so as to preserve civilian infrastructure from significant disruption and to protect civilian data. The availability of such positions will also influence the assessment of whether the existing rules are adequate or whether new rules may be needed. If States see a need to develop new rules, they should build on and strengthen the existing legal framework – including IHL.

scholarly journals Sivakumaran's ‘Law of Non-International Armed Conflict’: A Criminal Lawyer's Perspective

2015 ◽  
Vol 48 (2) ◽  
pp. 253-271
Author(s):  
Roberta Arnold
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Legal Regime ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Terrorist Groups

One of the least clarified areas of international law is the legal regime applicable to non-international armed conflict (NIAC) – that is, where hostilities occur between state and non-state actors (NSAs) or between two or more NSAs.1 This can be explained by the reticence of states to grant legality to such movements and their preference to label them as criminal movements or terrorist groups.2 The result is that the regulation of NIAC is still limited to the application of Common Article 3 of the Geneva Conventions of 1949 (GCs) and their Additional Protocol II of 1977 (Additional Protocol II or AP II).3 While Common Article 3 provides only a rudimentary framework of minimum standards, Additional Protocol II, which usefully supplements it, is still less detailed than the rules governing international armed conflict (IAC). Moreover, in contrast to Common Article 3,4 it has not yet attained customary status.5 This situation is a source of concern. Faced with the horrors committed in NIACs such as those in Rwanda, Sierra Leone and Liberia in the 1990s, and the awareness of an inadequate legal framework, the international criminal law (ICL) community decided to resort to international human rights law (IHRL) and ICL to fill the gaps of international humanitarian law (IHL) applicable to NIAC.6

The United Nations as a Party to Armed Conflict

2016 ◽  
Vol 20 (3-4) ◽  
pp. 313-341 ◽  
Author(s):  
Damian Lilly
Keyword(s):  
United Nations ◽  
Armed Conflict ◽  
Legal Status ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Peacekeeping Operations ◽  
Republic Of The Congo ◽  
The United Nations

As the role of United Nations peacekeeping operations has evolved in recent decades so too has the legal interpretation of the way in which international humanitarian law (ihl) is viewed as applying to its peacekeepers. While it has been understood that the un could become a party to armed conflict, the organization has never publicly acknowledged this until the establishment of the Intervention Brigade of the of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (monusco) pursuant to Security Council resolution 2098 of March 2013. This article addresses the legal consequences of the Intervention Brigade as a party to armed conflict and the insights it provides into the legal status of un peacekeeper under ihl. In particular, it will argue that the established legal framework for un peacekeeping operations as having the protected status of civilians under ihl has proved ill-suited for the Intervention Brigade and its experience has highlighted the inconsistencies and gaps in the rules that have been developed.

Introduction

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
General Introduction ◽  
Legal Personality ◽  
Key Terms ◽  
International Legal Personality

The general introduction sets the scene for the legal issues addressed in this book by presenting their relevance in most recent conflicts and other situations of violence, including in Syria, Iraq, Libya, Ukraine, the Central African Republic, and Kenya. It also introduces the legal framework the book sets out to examine, notably international humanitarian law, human rights law, and international criminal law. The introductory chapter further presents the book’s methodology, introduces its structure, and explains key terms and concepts. These include, in particular, the terms ‘non-state armed group’, ‘international legal personality’, and ‘degree of organization’, which are especially relevant throughout the book.

Sign in / Sign up

Export Citation Format

Share Document