Chapter III. Scope Of Application, Perpetrators Of Terror, And International Humanitarian Law

2009 ◽  
pp. 275-290
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Scope Of Application

Part II Sources, Ch.12 International Humanitarian Law and Refugee Protection

2021 ◽  
Author(s):  
Ziegler Reuven
Keyword(s):  
Frame Of Reference ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Refugee Protection ◽  
Refugee Law ◽  
Scope Of Application ◽  
International Refugee Law

The chapter considers the interrelations between international humanitarian law and international refugee law. It seeks to illustrate that, in displacement contexts, interactions between international humanitarian law and (global and regional) refugee protection regimes, which continue to apply during conflict, are rather challenging given that, whereas international humanitarian law shares international refugee law’s concern for vulnerable individuals, its frame of reference (unlike that of international refugee law) is minimization of harm. Given that the regimes have evolved at different times and with their own specific sources, institutions, and ethos, the chapter appraises how ‘regime interaction’ would (or should) work. It then assesses the scope of application of international humanitarian law norms, looking at the significance of international humanitarian law classification, including who classifies conflicts. The chapter concludes by exploring international humanitarian law displacement-related norms and the extent to which international refugee law interpretations affect them.

Contemporary Research on Proportionality in Armed Conflicts: A Select Review

2012 ◽  
Vol 3 (2) ◽  
pp. 391-414 ◽  
Author(s):  
Ben Clarke
Keyword(s):  
Human Rights ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Recent Developments ◽  
Hebrew University ◽  
Scope Of Application ◽  
Proportionality Principle

In an attempt to impose limits on the level of acceptable incidental civilian suffering during armed conflict, international humanitarian law (IHL) articulates a proportionality formula as the test to determine whether or not an attack is lawful. Efforts to comply with that formula during the conduct of hostilities can involve a host of legal and operational challenges. These challenges have inspired a growing body of doctrinal and empirical research. A recent international conference in Jerusalem, co-sponsored by the Delegation of the International Committee of the Red Cross in Israel and the Occupied Territories and the Minerva Center for Human Rights at the Hebrew University of Jerusalem, brought together human rights lawyers, military experts and scholars from a variety of disciplines to assess recent developments relating to the proportionality principle in international humanitarian law. This report examines ten conference presentations which offer important insights into: the nature, scope of application and operational requirements of the proportionality principle under IHL; the modalities of investigation and review of proportionality decisions; and the challenges involved in proportionality decision-making.

Respecting international humanitarian law and safeguarding humanitarian action in counterterrorism measures: United Nations Security Council resolutions 2462 and 2482 point the way

2021 ◽  
pp. 1-38
Author(s):  
Nathalie Weizmann
Keyword(s):  
Adverse Effects ◽  
United Nations ◽  
Financial Institutions ◽  
Security Council ◽  
United Nations Security Council ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Action ◽  
Humanitarian Organizations ◽  
Scope Of Application

Abstract United Nations, regional and domestic counterterrorism measures have generated a cascade of adverse effects for impartial humanitarian activities in areas where designated groups are present. Certain humanitarian activities, diverted supplies and incidental payments can fall foul of broadly worded counterterrorism regulation proscribing or criminalizing financial and other support to designated groups. Donors to humanitarian organizations set strict conditions and financial institutions decline transactions, hampering impartial humanitarian activities in the very instances in which international humanitarian law (IHL) requires that they be allowed. Recognizing this, United Nations Security Council (UNSC) resolutions 2462 and 2482 adopted in 2019 have spelled out more explicitly than ever before the need for counterterrorism measures to comply with IHL and safeguard impartial humanitarian action in line with IHL. This article sets out those IHL obligations that govern humanitarian and medical activities and the types of safeguards that States have put in place to ensure their counterterrorism measures comply with IHL and allow for these activities. The UNSC's latest steer in resolutions 2462 and 2482 provides a foundation for States’ exclusion of impartial humanitarian and medical activities from the scope of application of their counterterrorism measures. This can be an effective way of averting adverse consequences for these activities where designated entities are present.

A Forever War? Rethinking the Temporal Scope of Non-International Armed Conflict

2020 ◽  
Author(s):  
Nathan Derejko
Keyword(s):  
Armed Conflict ◽  
Functional Approach ◽  
International Humanitarian Law ◽  
Complex Spectrum ◽  
Humanitarian Law ◽  
Considerable Research ◽  
Forensic Examination ◽  
Scope Of Application ◽  
Exclusive Focus

Abstract How do we know when a Non-International Armed Conflict (NIAC) is over? What does International Humanitarian Law (IHL) say about its temporal scope of application during NIAC? In practice, identifying the end of a NIAC can prove exceptionally difficult. In part, this is the result of the complex spectrum of factors that contribute to the existence and continuance of NIAC, and in particular the objectives that underpin and propel a NIAC. In addition, the virtual silence of IHL regarding its temporal scope of application adds another layer of complexity to identifying the end of a NIAC. While considerable research has focused on IHL’s threshold of activation during NIAC, much less attention has been given to its threshold of termination. However, the looming threat of the so-called ‘forever war’ has stimulated fresh interest in determining when and how NIACs (legally) end. This article provides a forensic examination of the temporal scope of IHL during NIAC, with an exclusive focus on IHL’s threshold of termination. It examines two of the leading approaches for determining the temporal scope of NIAC, and argues that neither approach is entirely satisfactory, and as a result, advances and explores a novel alternative—a ‘functional approach’ for determining IHL’s threshold of termination during NIAC.

scholarly journals The Fight Against the Islamic State andJus in Bello

2016 ◽  
Vol 29 (3) ◽  
pp. 827-852 ◽  
Author(s):  
VAIOS KOUTROULIS
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Islamic State ◽  
Humanitarian Law ◽  
Applicable Law ◽  
State Actor ◽  
Scope Of Application ◽  
Geographical Scope

AbstractThis article examines several questions relating to international humanitarian law (jus in bello) with respect to the conflicts against the Islamic State. The first question explored is the classification of conflicts against the Islamic State and the relevant applicable law. The situation in Iraq is a rather classic non-international armed conflict between a state and a non-state actor with third states intervening alongside governmental forces. The situation in Syria is more controversial, especially with respect to the coalition's airstrikes against the Islamic State on Syrian territory. If the Syrian government is considered as not having consented to the coalition's operations, then, according to this author's view, the coalition is involved in two distinct armed conflicts: an international armed conflict with the Syrian government and a non-international armed conflict with the Islamic State. The second question analyzed in the article bears on the geographical scope of application of international humanitarian law. In this context, the article examines whether humanitarian law applies: in the entire territory of the state in whose territory the hostilities take place, in the territories of the intervening states, and in the territory of a third state.

scholarly journals International humanitarian law and the Western imperial project

2020 ◽  
Vol 48 (2) ◽  
Author(s):  
Larissa Ramina ◽  
Amr Hdiefa
Keyword(s):  
Historical Context ◽  
Cultural Development ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Western Model ◽  
Scope Of Application ◽  
Ideological Background ◽  
The Law ◽  
The Difference

This work deals with International Humanitarian Law (IHL) and with the Western imperialist project, by clarifying the ideological background of the creators of this law and their relationship with the project and the Western expansionist context. It also attempts to understand the paradox that International Humanitarian Law created so the colonial past could be eliminated, but after a hundred and twenty years, it still uses the same arguments to exclude a certain category from the scope of application of its provisions. The article explains as well which category is excluded historically from the provisions’ report of this law, which can be called “the other” non-European or non-Western. Likewise, it points out the mechanics of International Humanitarian Law for the process of exclusion and inclusion. It will be explained how IHL carried out a compulsive humanization process of war by imposing the Western model of fighting and making it a standard for the inclusion of “the other” in the provisions of this law and which states and groups that fall under the name “the other” will fail to implement it, due to the difference in the historical context of social and cultural development of their nation. Finally, it will be established general conclusions related to the consequences of this merger between the law and the imperialist project on the field within the so-called war against terrorism.

12. Human rights and humanitarian law

2021 ◽  
pp. 165-177
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Positive Dimension ◽  
Margin Of Appreciation ◽  
Human Rights Treaties ◽  
Scope Of Application ◽  
Key Aspects ◽  
Legal Consequences

This chapter examines the nature and diversity of human rights, rather than any particular right. It looks at issues such as the universality, interdependence, and indivisibility of rights. It points to the issue of justiciability and emphasizes the obligation of States in both its negative, as well as its positive, dimension. The chapter examines the role of derogations and reservations to human rights treaties, as well as cardinal principles in such treaties, namely, the margin of appreciation and the scope of application. Finally, the chapter examines in some detail the key aspects and distinctions in international humanitarian law, such as the distinction and legal consequences between combatants and civilians and others.

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