Is Formalism a Friend or Foe?

2013 ◽  
Vol 4 (2) ◽  
pp. 354-389 ◽  
Author(s):  
Martijn Jurgen Keeman
Keyword(s):  
Functional Approach ◽  
Armed Conflicts ◽  
The Other ◽  
Direct Participation ◽  
Rules And Principles

Contemporary armed conflicts are known to blur the categories of civilians and combatants, leading to problems with the principle of distinction. These categories are the result of an essentially formalised IHL, and have become less accurate by being over- or under-inclusive. Although formalism is vital to IHL’s functioning, maintaining it in its present excessive strength perpetuates distinction problems. In numerous cases a functional inroad based on actual conduct has been introduced, for instance with the concept of direct participation in hostilities. This solution should be implemented across a wider spectrum. Where the two categories are difficult to tell apart, a functional approach for one category benefits the other. This article shows how this can be attained by using existing rules and principles of IHL, such as the concept of military objectives and the prohibition on terrorism, or newer rules.

scholarly journals The Difficult alliance. Military cooperation between the ruthenian king Daniel and the Piasts of Mazovia

2020 ◽  
Vol 1 (1) ◽  
pp. 104-112
Author(s):  
Michał Skoczyński
Keyword(s):  
Scientific Literature ◽  
Point Of View ◽  
Armed Conflicts ◽  
The Other ◽  
Political Strategy ◽  
Military Cooperation ◽  
Historical Sources ◽  
Other Hand ◽  
Historical Methodology ◽  
The Military

Abstract The article presents the military cooperation between the King of Galician-Volhynian Ruthenia, Daniel Romanowicz, and the Dukes of Mazovia, Konrad and his son Siemowit. The alliance, based as a counterweight for the cooperation between the King of Hungary and the Piast princes of Lesser Poland, who were trying to conquer Ruthenia and dominate all Piast principalities in then fragmented Poland. It lasted for several decades from the 1220’s to the 1260’s and was primarly aimed at mutual protection against the invasions of the pagan Yotvingians and supporting each other in armed conflicts. The text contains an analysis of war expeditions, tactics and ways of support that were given by both sides of the allianace. It is a new point of view on this aspect of political strategy of both sides that in some ways defined the regional situation. Ruthenians granted masovian Piasts some mobile and political uncommited support in fight with their relatives in Poland, and also secured their border with the Yotvingians. On the other hand, masovian knights were an additional strike force in ruthenian plundering expeditions to Yotvingia. The research was based on the analysis of preserved historical sources and scientific literature using historical methodology.

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.

The Definition of Civilians in Non-International Armed Conflicts

2016 ◽  
Vol 7 (1) ◽  
pp. 129-155 ◽  
Author(s):  
Camille Marquis Bissonnette
Keyword(s):  
Armed Conflict ◽  
Codes Of Conduct ◽  
Armed Conflicts ◽  
Armed Groups ◽  
Direct Participation ◽  
State Actors ◽  
Definition Of ◽  
Shed Light

This article analyzes the perceptions of armed groups regarding the concept of civilians in non-international armed conflicts, through their codes of conduct and other commitments. It intends to shed light on the implementation by these non-state actors of the very critical principle of distinction, the exact articulation of is hotly debated in non-international armed conflict. It thus presents the different approaches to the principle of distinction in non-international armed conflict: the specific-act approach, the membership approach, the functional non-privileged combatancy approach, and the direct participation in hostilities with extended temporal scope in light of the commitments and undertakings of various armed groups. It concludes with the findings made on the basis of the study of the commitments made by armed groups, underlying in particular the issues that remain problematic regarding the principle of distinction in non-international armed conflict, as well as the issues on which a consensus in conceivable.

Blockades and Interdictions

2016 ◽  
Author(s):  
Wolff Heintschel von Heinegg
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Treaties ◽  
Jus Ad Bellum ◽  
Un Security Council ◽  
Collective Self ◽  
Rules And Principles ◽  
Principle Of Proportionality ◽  
The Right ◽  
Self Defence

This chapter examines the rules and principles that govern a naval or aerial blockade or some other form of interference with foreign vessels and aircraft in the absence of an explicit authorization by the UN Security Council. After clarifying the concept of blockade under the jus ad bellum and the jus in bello, it considers blockades authorized as military enforcement measures. It also discusses some unresolved or even contested issues regarding the legality of blockades, with reference to blockades in situations other than international armed conflict and the principle of proportionality in relation to humanity. The scope of interdiction operations and its legal bases under international treaties are analysed next, together with maritime interdiction operations and the applicability of prize law during non-international armed conflicts. Finally, the chapter explores the right of individual or collective self-defence as a basis for interdiction operations.

scholarly journals Conspiracy mentality in post-conflict societies: Relations with the ethos of conflict and readiness for reconciliation

2019 ◽  
Vol 15 (1) ◽  
pp. 59-81 ◽  
Author(s):  
Boban Petrović ◽  
Janko Međedović ◽  
Olivera Radović ◽  
Sanja Radetić Lovrić
Keyword(s):  
Ethnic Groups ◽  
Social Attitudes ◽  
Armed Conflicts ◽  
The Other ◽  
Inequality Aversion ◽  
Post Conflict ◽  
Political Cooperation ◽  
Self Interest ◽  
The One ◽  
Psychological Foundation

After almost 20 years since the end of the armed conflicts in former Yugoslavia, we are witnesses to the fact that the main causes of the conflicts have not been overcome. Reconciliation between ethnic groups that had been in conflict by means of economic and political cooperation, must have a psychological foundation. This study investigates the relations between Conspiracy Mentality, basic lexical social attitudes, and the factors important for Croatian-Serbian and Kosovo Albanian-Serbian reconciliation, i.e., the Ethos of Conflict and the Readiness for Reconciliation. We hypothesize that Conspiracy Mentality will predict the propensity for reconciliation over and above basic social attitudes, and that will mediate the relations between basic social attitudes and factors contributing (or preventing) reconciliation. With the samples of Serbs from Central Serbia (n = 307) and Northern Kosovo (n = 271), Conspiracy Mentality, Ethos of Conflict, Readiness for Reconciliation and five basic lexical social attitudes (Traditional Religiosity, Unmitigated Self-Interest, Communal Rationalism, Subjective Spirituality, and Inequality-Aversion) were measured. Results showed that Conspiracy Mentality is negatively related to the Readiness for Reconciliation and positively to the Ethos of Conflict. Additionally, Conspiracy Mentality predicts Ethos of Conflict over and above the basic social attitudes. Finally, Conspiracy Mentality mediates the relationships between Traditional Religiosity, Inequality-Aversion and Subjective Spirituality on the one hand, and Ethos of Conflict on the other. The results suggest that Conspiracy Mentality should be taken into consideration when creating policies and programmes focused on reconciliation.

A Combined Histological, Immunocytochemical and Biochemical Approach in the Evaluation of Estrogen Receptors in Breast Carcinomas

1986 ◽  
Vol 1 (1) ◽  
pp. 9-14 ◽  
Author(s):  
Francesca Pietribiasi ◽  
Patrizia Gugliotta ◽  
Silvia Racca ◽  
Francesco Di Carlo ◽  
Gianni Bussolati
Keyword(s):  
Estrogen Receptor ◽  
Functional Data ◽  
Functional Approach ◽  
The Other ◽  
Immunocytochemical Study ◽  
Breast Carcinomas ◽  
Biochemical Approach ◽  
Immunocytochemical Reaction ◽  
Selection Of Patients ◽  
Selection Of

Correlation of structural and functional data might lead to better identification of hormone-dependent tumors. Sixty breast cancer specimens, sent to the biochemistry laboratory for estrogen receptor (ER) analysis, were studied here by a combined morpho-functional approach. Histological examination of needle biopsies on frozen tissue blocks showed that 12 cases (10%) were free of tumor cells; these cases mostly proved ER negative. On the other 48 cases, an immunocytochemical reaction was performed on the biopsy sections with a monoclonal antibody directed against p 29, an estrogen receptor related antigen. The staining values for p 29 and the biochemical ER findings were significantly correlated. A combined histological, immunocytochemical study seems to offer advantages in the selection of patients for hormonal therapy.

Navigating Formal and Informal Processes: Civic Organizations, Armed Nonstate Actors, and Nested Governance in Colombia

2020 ◽  
Vol 62 (2) ◽  
pp. 75-98
Author(s):  
Charles Larratt-Smith
Keyword(s):  
Population Control ◽  
Historical Analysis ◽  
Armed Conflicts ◽  
The Other ◽  
Nonstate Actors ◽  
Civic Organizations ◽  
Comparative Historical Analysis

ABSTRACTDespite the recent surge of scholarship on the role that civic organizations play in armed conflicts and postconflict settings, there is little consensus on how they interact with armed nonstate actors. This article examines how disparate armed nonstate actors can co-opt and manage preexisting civic organizations, and even create new ones, to embed themselves in civilian communities and perform governance functions while simultaneously advancing their ideological agendas. Employing a comparative historical analysis between two armed nonstate units in Colombia, one from a Marxist insurgent group and the other from a counterinsurgent paramilitary organization, the study demonstrates that regardless of their different ideological motivations, regional settings, and repertoires of violence, these actors could navigate formal processes related to legal economies, electoral contests, and bureaucratic-administrative institutions, and informal processes tied to illicit rackets and territorial and population control, more efficiently through their skilled management of local civic organizations.

Rational-Choice Models of Political Behavior vs. Functionalist and Conformist Theories

1969 ◽  
Vol 21 (4) ◽  
pp. 513-538 ◽  
Author(s):  
John C. Harsanyi
Keyword(s):  
Political Behavior ◽  
Social Systems ◽  
Social Institutions ◽  
Theoretical Work ◽  
Functional Approach ◽  
Individual Behavior ◽  
The Other ◽  
Technical Term ◽  
Socialization Process ◽  
The Social

After a virtual neglect for several decades, in the last twenty years renewed interest has been shown in a general theory of social behavior. Most of this theoretical work has depended on two main postulates. One is the functionalist (sometimes called structural-functional) approach to the explanation of social institutions, based on the assumption that the social institutions of a given society can best be understood in terms of their social functions, that is, in terms of the contributions they make to the maintenance of social systems as a whole. For lack of an established technical term, we shall call the other postulate the conformist approach to the explanation of individual behavior: it is based on the assumption that uniformities of individual behavior in a given society can best be understood in terms of certain commonly accepted social values, which most members of the society tend to internalize during their socialization process.

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