A Critical Overview of the United Nations Architecture on Children and Armed Conflict: What Role for Sanctions?

2018 ◽  
Vol 27 (1) ◽  
pp. 115-130
Author(s):  
Francesca Capone
Keyword(s):  
Armed Conflict ◽  
Comprehensive Strategy ◽  
Systematic Analysis ◽  
Information Platform ◽  
International Criminal Tribunals ◽  
Un General Assembly ◽  
Enforcement Mechanisms ◽  
Reporting Mechanism ◽  
The Impact ◽  
Critical Overview

The first comprehensive and systematic analysis of the impact of armed conflict on children has been submitted to the UN General Assembly in 1996. The UN has since adopted and implemented a large number of initiatives and resolutions, making up the basis for the enhancement of monitoring and accountability of all parties responsible for violations perpetrated against children. The efforts to quantify and monitor violations against children committed not only by States, but also by Armed Non-State Actors, are an important milestone in the attempt to improve the protection of children. Nonetheless, the current UN architecture on children and armed conflict presents a number of shortcomings, in particular the lack of effective enforcement mechanisms, which hinder its capability to increase the achievement of more concrete results. After presenting an overview of the UN architecture on children and armed conflict, lingering on its constitutive elements as well as on its current weaknesses, this article will question if and to what extent the imposition of sanctions against individuals and entities can enhance the comprehensive strategy to thwart the harmful impact of armed conflict on children and the long lasting consequences it has on durable peace, security, and development. Furthermore, the present article will identify possible ways forward to improve the current framework, by discussing, inter alia, how the wealth of information gathered through the UN Monitoring and Reporting Mechanism could be used to feed into a more integrated information platform within the UN and also to strengthen accountability in international criminal tribunals.

‘Children Heard, Half-Heard?’: A Practitioner’s Look for Children in the Responsibility to Protect and Normative Agendas on Protection in Armed Conflict

2018 ◽  
Vol 10 (1-2) ◽  
pp. 19-56 ◽  
Author(s):  
Jeremy Shusterman ◽  
Michelle Godwin
Keyword(s):  
Child Protection ◽  
Armed Conflict ◽  
Responsibility To Protect ◽  
Crimes Against Humanity ◽  
Ethnic Cleansing ◽  
Field Officer ◽  
Variable Success ◽  
Definition Of ◽  
Reporting Mechanism ◽  
The Impact

When the United Nations (un) agreed on a definition of the Responsibility to Protect (r2p) at the 2005 World Summit, the two paragraphs it endorsed articulated what r2p stands for, giving the concept a focused but narrow remit around protecting populations specifically from genocide, war crimes, ethnic cleansing and crimes against humanity in armed conflict. In its next paragraph, the un Membership reiterated concerns on the impact of armed conflict on children echoing the landmark 1612 Resolution by the Security Council on Children and Armed Conflict (caac) adopted a few weeks before. Though side-by-side in the text, caac and r2p were not linked. To this day, for international practitioners in emergency responses, the interaction between both remains unclear. While this simultaneous peak moment for r2p and caac may have occurred by chance, this article describes how both concepts (as advocacy tools and instruments for practitioners to ‘respond’) emerged out of similar concern for protecting civilians – including children – in conflict. However, the link between both concepts should not be overstated. While r2p and caac fit together for the intentions they share, this happened more coincidentally than purposefully. This article argues, taking an international practitioner’s perspective, that both concepts should not be understood as always operating at the same level. caac has grown from an advocacy platform to an umbrella of different programmes, responses, tools and frameworks, including the Monitoring and Reporting Mechanism (mrm) on Children and Armed Conflict. Even if applied with variable success, these tools and approaches under the caac agenda chart some ways practitioners can hope to do more towards protecting children in conflict. But for those same practitioners, delivering on a Responsibility to Protect is a different question – one where their ‘responsibility’ is at best secondary and implicit, because r2p sits squarely as a primary and explicit responsibility of states – who are also the ultimate duty bearers for children’s rights. While the echoes of a child rights agenda can be heard in the conversation around r2p, and while r2p can help frame and drive efforts by child protection practitioners to respond to some of the worst situations children face, r2p is, for the protection agency field officer, an aspirational goal, necessarily out of reach.

Emic Perspectives on the Impact of Armed Conflict on Children's Mental Health in Northern Sri Lanka

2012 ◽  
Author(s):  
Wietse Tol ◽  
Fiona Thomas ◽  
Anavarathan Vallipuram ◽  
Sambasivamoorthy Sivayokan ◽  
Mark Jordans ◽  
...  
Keyword(s):  
Mental Health ◽  
Sri Lanka ◽  
Armed Conflict ◽  
Children’S Mental Health ◽  
Children's Mental Health ◽  
The Impact

Exile, Diaspora, and Return

2017 ◽  
Author(s):  
Luis Roniger ◽  
Leonardo Senkman ◽  
Saúl Sosnowski ◽  
Mario Sznajder
Keyword(s):  
Systematic Analysis ◽  
The Arts ◽  
Scientific Disciplines ◽  
Early Twenty ◽  
Transnational Connections ◽  
Late Twentieth ◽  
Institutional Impact ◽  
Global Arena ◽  
Education Science ◽  
The Impact

This book explores how Argentina, Chile, Paraguay, and Uruguay have been affected by postexilic relocations, transnational migrant displacements, and diasporas. It provides a systematic analysis of the formation of exile communities and diaspora politics, the politics of return, and the agenda of democratization in the late twentieth and early twenty-first centuries, focusing on the impact of intellectuals, academics, activists, and public figures who had experienced exile on the reconstitution and transformation of their societies following democratization. Readers are offered a kaleidoscope of intellectual itineraries, debates, and contributions held in the public domain by individuals who confronted and fought authoritarian rule. The book covers their contributions to the restructuring and transformation of scientific disciplines and of the humanities and the arts, as well as their collective institutional impact on higher education, science and technology, and public institutions. Bringing together sociopolitical, cultural, and policy analysis with the testimonies of dozens of intellectuals, academics, political activists, and policymakers, the book addresses the impact of exile on people’s lives and on their fractured experiences, the debates and prospects of return, the challenges of dis-exile and postexilic trends, and, finally, the ways in which those who experienced exile impacted democratized institutions, public culture, and discourse. It also follows some crucial shifts in the frontiers of citizenship, moving analysis to transnational connections and permanent diasporas, including the diasporas of knowledge that increasingly changed the very meaning of being national and transnational, while connecting those countries to the global arena.

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

A Pandemic of Violence? The Impact of COVID-19 on Conflict

2020 ◽  
Vol 26 (3) ◽  
Author(s):  
Sara M.T. Polo
Keyword(s):  
Spatial Distribution ◽  
Real Time ◽  
Case Studies ◽  
Armed Conflict ◽  
Event Data ◽  
Social Unrest ◽  
Johns Hopkins University ◽  
The World ◽  
Political Advantage ◽  
The Impact

AbstractThis article examines the impact and repercussions of the COVID-19 pandemic on patterns of armed conflict around the world. It argues that there are two main ways in which the pandemic is likely to fuel, rather than mitigate, conflict and engender further violence in conflict-prone countries: (1) the exacerbating effect of COVID-19 on the underlying root causes of conflict and (2) the exploitation of the crisis by governments and non-state actors who have used the coronavirus to gain political advantage and territorial control. The article uses data collected in real-time by the Armed Conflict Location & Event Data Project (ACLED) and the Johns Hopkins University to illustrate the unfolding and spatial distribution of conflict events before and during the pandemic and combine this with three brief case studies of Afghanistan, Nigeria, and Libya. Descriptive evidence shows how levels of violence have remained unabated or even escalated during the first five months of the pandemic and how COVID-19-related social unrest has spread beyond conflict-affected countries.

scholarly journals University students’ representations of Europe and self-identification as Europeans: a synthesis of qualitative evidence for future policy formulation

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Esther Cores-Bilbao ◽  
María del Carmen Méndez-García ◽  
M. Carmen Fonseca-Mora
Keyword(s):  
University Students ◽  
Evidence Synthesis ◽  
Foreign Language Learning ◽  
Educational Interventions ◽  
Policy Formulation ◽  
Qualitative Evidence Synthesis ◽  
The European Union ◽  
Systematic Analysis ◽  
Qualitative Evidence ◽  
The Impact

AbstractThe current European context is characterised by the emergence of socio-political tensions that threaten to derail the cohesion objectives traditionally promoted by the authorities of the European Union. With EU citizenship in the shadow of Brexit, the fear of dismemberment of the current Europe of the 28 looms over a renewed debate on concepts like European identity, European citizenship or EU legitimacy and the involvement of its constituents in European affairs, as well as the role of education for promoting democratic awareness among young Europeans. This work aims to collect, appraise and synthesise qualitative evidence obtained in primary research exploring the perceptions of European university students about their civic and cultural identity. This systematic analysis sets out to identify predictors of positive self-identification with the EU and its institutions, focusing on the impact that different educational interventions have had on the attitudes and perceptions expressed by university students, and the importance of foreign language learning in the results obtained. The authors report their assessment of quality of the findings in a Cochrane-style qualitative evidence synthesis (QES), based on the GRADE-CERQual (Confidence in Evidence from Reviews of Qualitative research) method. The 12 informed findings described in this study support decision-making in future education policy formulation.

Thresholds in Flux—the Standard for Ascertaining the Requirement of Organization for Armed Groups under International Humanitarian Law

2020 ◽  
Author(s):  
Yutaka Arai-Takahashi
Keyword(s):  
Armed Conflict ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
Organizational Level ◽  
International Humanitarian Law ◽  
Threshold Condition ◽  
Special Importance ◽  
Humanitarian Law ◽  
Armed Groups ◽  
International Criminal Tribunals

Abstract The requirement of organization is supposed to be of special importance in international humanitarian law (IHL). In the situation of international armed conflict (IAC), this requirement is implicit as part of the collective conditions to be fulfilled by irregular/independent armed groups to enable their members to claim the prisoners of war status under Article 4 A(2) of the Third Geneva Convention. In a non-international armed conflict (NIAC), the eponymous requirement serves, alongside the requirement of intensity of violence, as the threshold condition for ascertaining the onset of a NIAC. While the requirement of organization has not caused much of disputes in IACs, the international criminal tribunals have shown a willingness to examine scrupulously if armed groups in NIACs are sufficiently organized. Still, this article argues that there is need for a nuanced assessment of the organizational level of an armed group in some specific phases of the ongoing armed conflict whose legal character switches (from an NIAC to an IAC, vice-versa, and from a NIAC to a law-enforcement model). It explores what rationales and argumentative model may be adduced to explain such varying standards for organization in different contexts.

The Impact of the Nicaragua Case on Matters of Evidence and Fact-Finding

2012 ◽  
Vol 25 (1) ◽  
pp. 149-156
Author(s):  
PAUL S. REICHLER
Keyword(s):  
United States ◽  
Armed Conflict ◽  
The United States ◽  
Pulp Mills ◽  
Government Officials ◽  
The Government ◽  
Fact Finding ◽  
Day To Day Operations ◽  
High Level ◽  
The Impact

AbstractThe Nicaragua case demonstrates the Court's competence in receiving and interpreting evidence, and in making reasoned findings of fact, even in the most complicated evidentiary context, as is often presented in cases involving use of force and armed conflict. The Court applied well-established standards for evaluating the conflicting evidence presented to it. In particular, the Court determined that greater weight should be given to statements against interest made by high-level government officials than to a state's self-serving declarations. The Court also determined that statements by disinterested witnesses with first-hand knowledge should receive greater weight than mere statements of opinion or press reports. In applying these guidelines, the Court found, correctly, that (i) the United States had used military and paramilitary force against Nicaragua both directly and indirectly, by organizing, financing, arming, and training the Contra guerrillas to attack Nicaragua; (ii) the evidence did not support a finding that the United States exercised direct control over the Contras’ day-to-day operations; and (iii) there was no evidence that Nicaragua supplied arms to guerrillas fighting against the government of El Salvador during the relevant period, or carried out an armed attack against that state. While Judge Schwebel's dissent criticized the last of these findings, in fact, the evidence fully supported the Court's conclusion. In subsequent decisions during the past 25 years, the Court has continued to rely on the approach to evidence first elaborated in the Nicaragua case and has continued to demonstrate its competence as a finder of fact, including in cases involving armed conflict (Bosnia Genocide) and complex scientific and technical issues (Pulp Mills).

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