THE LEGAL ASPECTS OF PROTECTION OF CIVIL OBJECTS AND OBJECTS OF CRITICAL INFRASTRUCTURE UNDER THE CONDITIONS OF AN ARMED CONFLICT

2020 ◽  
pp. 42-46
Author(s):  
I. Koropatnik ◽  
O. Beryslavska
Keyword(s):  
Armed Conflict ◽  
Critical Infrastructure ◽  
Legal Aspects ◽  
The State ◽  
Additional Stress ◽  
Humanitarian Law ◽  
Vital Functions ◽  
Historical Monuments ◽  
Regular Manner

The article is dedicated to the normative-legal governing of protection of civil objects and objects of critical infrastructureunder the conditions of an armed conflict, that unconditionally is the key aspect to developing the national system of firmnessand sustainability and of course the survival of the state under the conditions of hybrid threats.It has been determined that the prohibitions that are set by the norms of international humanitarian law on the impossibility toinflict damage on civil objects or objects of critical infrastructure are often violated under the conditions of armed conflict andhybrid attacks, and therefore only prohibitions will turn out to be insufficient to achieve the state of protection for a society fromuncontrolled challenges and threats.It has also been pointed out, that there’s a critical growth of the level of threats not only to the economic, but also to theecological security of Ukraine. The absence of clear assessment of the scale of demolition, the duration of the situation and thecontinuity of the physical demolition of the infrastructure and civil objects on a significant part of the territory of the Donetsk andLuhansk regions do not allow to carry out precise assessment of losses and expenditures for Ukraine. The losses inflicted andcaused by the armed conflict in the Donbass are currently being assessed by Ukraine, UN, USAID and independent experts in adifferent manner.It has been pointed out that in the course of the Antiterrorist operation and the Operation of the United Forces in the east ofUkraine, as an addition to the most frightening phenomenon – the death of people, there’re also thousands of objects ofinfrastructure damaged and destroyed including housing. Thousands of families are left homeless, or with their houses damagedto such an extent that there’s no possibility to live there in a save and regular manner. Additionally, there’re plenty of civil objectsand objects of infrastructure that have been destroyed, the networks of water, heat, gas and electricity supply, as well as objectsthat assure the flow of used water and sewage, roads objects of social and cultural purpose, such as schools, kindergartens,healthcare entities, cultural and historical monuments etc.It has been proven, that the classification of objects of critical infrastructure is to be done with the inclusion of the followingcriteria such as: their importance to carry out the vital functions; the existing threats they could be damaged by; the duration ofactivities for their reconstruction and restoring with additional stress made on the issues of establishing a legislative basis torestore and rebuilt the civil objects and objects of critical infrastructure that have been damaged as a consequence of the armedconflict.

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 Types and forms of illegal (smuggling) movement and / or transport to the territory (from the territory) of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 263-269
Author(s):  
Andriy Krylovetskyi
Keyword(s):  
Armed Conflict ◽  
The State ◽  
Scientific Development ◽  
National Legislation ◽  
Internal Armed Conflict ◽  
Illegal Migrants ◽  
The Relationship ◽  
Special Relevance ◽  
Narcotic Drugs

The article emphasizes that combating illegal (smuggling) movement and / or transportation is one of the priority activities of the state. The statistical reporting of the State Fiscal Service of Ukraine and the State Border Guard Service of Ukraine on counteracting illegal (smuggling) movement and / or transportation is analyzed. It is noted that despite the considerable legal and regulatory framework in the field of combating smuggling and other types of illegal movement and / or transportation across the customs border of Ukraine, the number of cases of offenses in this area is increasing. The absence of sound scientific development of the types and forms of smuggling (export) to the territory (from the territory) of illegal migrants, inventory, narcotic drugs and their precursors, etc. is noted. The special relevance of such studies is emphasized in the context of the visa-free regime and the regimes established during the resolution of the internal armed conflict. The current national legislation in the field of combating illegal (smuggling) movement and / or transportation to the territory (from the territory) of illegal migrants, inventory, narcotics and their precur-sors is analyzed. Some types of illegal (smuggling) movement and / or transportation have been identified and investigated. Emphasis is placed on the classification of legal liability for illegal (smuggling) movement and / or transportation. External detection of smuggling by means of which smuggling is carried out outside customs control or by means of concealment from customs control is designated as a form of illegal (smuggling) movement and / or transportation to the territory (from the territory) of illegal migrants, inventory and their narcotics precursors. The relationship between the form and method of illegal (smuggling) movement and / or transportation has been proved. The conclusion was made about the need to amend the legislation in this area.

14 Human Rights in Armed Conflict

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
The State ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
The Individual

This chapter explains the application of human rights in armed conflicts. International humanitarian law has much in common with the law of human rights, since both bodies of rules are concerned with the protection of the individual. Nevertheless, there are important differences between them. Human rights law is designed to operate primarily in normal peacetime conditions, and governs the vertical legal relationship between a state and its citizens and other persons subject to its jurisdiction. Human rights law applies primarily within the territory of the state that is subject to the human rights obligation in question. International humanitarian law, by contrast, is specifically designed to regulate situations of armed conflict. These differences between human rights law and international humanitarian law have led some to argue that human rights law is only intended to be applicable in time of peace. However, it is now generally accepted that human rights continue to apply during armed conflict. Hence, international humanitarian law and human rights law can apply simultaneously in situations of armed conflict.

International humanitarian law in Colombia: Going a step beyond

2019 ◽  
Vol 101 (912) ◽  
pp. 1117-1147
Author(s):  
Marcela Giraldo Muñoz ◽  
Jose Serralvo
Keyword(s):  
Nineteenth Century ◽  
Transitional Justice ◽  
Armed Conflict ◽  
The State ◽  
International Humanitarian Law ◽  
Unique Contribution ◽  
Humanitarian Law ◽  
War Of Independence ◽  
The Creation

AbstractEver since the first quarter of the nineteenth century, Colombia has shifted from one war to the next, be it the War of Independence, the fierce confrontations between liberal and conservative parties or the countless conflicts among guerrillas, paramilitary groups and the State. These wars have brought along a unique contribution to the development of international humanitarian law (IHL). The purpose of this article is to explore the myriad of ways in which Colombia has implemented (and at times made progress on) IHL rules, and to analyze how different conflicts have led the country to explore issues such as the protection of minors, the meaning of the principle of precaution, the compensation of armed conflict victims and the creation of some rather sophisticated transitional justice mechanisms.

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 Legal interpretation function in the system of functions of the notary of Ukraine: theoretical and legal aspect

2021 ◽  
pp. 277-281
Author(s):  
А. А. Marzhyna
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
Scientific Research ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Range Of Functions ◽  
Functional Purpose

The relevance of scientific knowledge of theoretical and legal aspects of the interpretive function of the notary in Ukraine is revealed in the work. Since the functions of the notary in general perform a general social role, due to their extension to public relations, it should be said that they are complex, implemented in various spheres of public relations, using various forms and methods, trying to perform tasks assigned by law at the notary. This indicates the possibility of distinguishing the types of functions of the notary, which in the doctrinal plan will allow to present the functions of the notary in the form of a clear system, and in practical terms - to establish the state of implementation of the functions of the notary. It is noted that today in the context of intensification of economic development of the state there is a strengthening of the role of the notary of Ukraine, so the problem of its reform, including in the context of improving the quality of notary functions, becomes especially relevant and needs scientific rethinking. First of all, this is due to the current European integration changes in the socio-political and legal life of Ukraine, which requires adaptation and harmonization of the functioning of the notary of Ukraine to the standards of the European Union. Noting the high level of relevance of scientific research of theoretical and legal aspects of the functional purpose of the notary in Ukraine, emphasizing the exceptional importance for the further development of the domestic notary system, the author analyzed the views of scholars on understanding the functional purpose of the notary and established their place and meaning . It is concluded that from the scientific point of view the classification of the functions of the notary: first, it is an issue that is poorly studied, the existing approaches to the classification of notary functions are quite scattered and sometimes controversial, which does not allow to establish a single comprehensive approach to characterizing the types of notary functions; secondly, the doctrinal uncertainty of the types of functions of the notary and their characteristics complicates the scientific research of the functions of the notary; interdisciplinary nature of scientific knowledge of the functions of the notary and their types; the presence of different types of notaries, due to its respective functional purpose and the range of functions performed by it; instability of the notary’s functioning, which is due to the intensification of itscurrent development, improvement and the tendency to expand the range of functions; ambiguity of doctrinal approaches to the combination and balancing of private-public elements in the activities of the notary system, etc. In accordance with the criterion of the purpose of the notary’s function, together with other functions of the notary, the legal-interpretive function of the notary is singled out, the purpose of which is to clarify the content and meaning of the legal norm concerning notarial activity and provide relevant explanations to legal entities. For example, clarification of the rights and obligations of the parties to the contract of sale of real estate, certified by a notary. Keywords: notary, notarial activity, functional purpose of notary, legal interpretive function of notary.

Urban Insurgency, 'Drug War' and International Humanitarian Law: The Case of Rio de Janeiro

2010 ◽  
Vol 1 (1) ◽  
pp. 165-187 ◽  
Author(s):  
Sven Peterke
Keyword(s):  
Armed Conflict ◽  
Rio De Janeiro ◽  
The State ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Drug War ◽  
Legal Concept ◽  
The City

AbstractIn Rio de Janeiro so-called drug factions hold control over most of the shanty towns. The State has reacted by 'militarising' its police operations. The result is a humanitarian tragedy that has already cost the lives of thousands of Brazilian citizens. Many of those affected by the violence are of the opinion that the city has become the battlefield of a 'war'. This article addresses the issue of whether the legal concept of armed conflict could and should be applied to such situations.

scholarly journals CYBER-ATTACK IN ESTONIA: A NEW CHALLENGE IN THE APPLICABILITY OF INTERNATIONAL HUMANITARIAN LAW

2021 ◽  
Vol 10 (1) ◽  
pp. 48
Author(s):  
Iradhati Zahra ◽  
Irawati Handayani ◽  
Diajeng Wulan Christianti
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Geneva Convention ◽  
Information Warfare ◽  
Humanitarian Law ◽  
Cyber Attack ◽  
Youth Group ◽  
Customary International Law ◽  
Physical Impact

<em>This article aimed to analyze the classification of armed conflict in Estonia's cyber-attack and how the existing IHL are answering this problem, and whether those regulations are enough for future cases of cyber-attack. This article uses the normative method by comparing the Geneva Convention 1949 and Additional Protocol I 1977 with Rule 30 Tallinn Manual 1.0 and some relevant literary works, using a descriptive-analytic to explain the object comprehensively. The result shows that Estonia's cyber-attack could be classified as an International Armed Conflict, which first started as a Non-International Armed Conflict by proving attribution from Russia to Nashi Youth Group following the Overall Control in Tadic Case. The distinction between information warfare and cyber-attack is related to the physical impact, which a threshold of a cyber-attack under Tallinn Manual 1.0. It means Rule 30 of Tallinn Manual 1.0 also answered Jus ad Bellum's threshold and Jus in Bello in terms of cyber-attack. Although, this article needs some improvements regarding the limitation of this issue only focused on the Material Scope of IHL. In addition, Rule 30 of Tallinn Manual 1.0 is not legally binding because it is not one source of international law. However, it is possible for the Rule 30 Tallinn Manual 1.0 to be a new norm and becoming customary international law in the future.</em>

How does the involvement of a multinational peacekeeping force affect the classification of a situation?

2013 ◽  
Vol 95 (891-892) ◽  
pp. 659-679 ◽  
Author(s):  
Eric David ◽  
Ola Engdahl
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
The Way

The ‘debate’ section of the Review aims at contributing to the reflection on current ethical, legal, or practical controversies around humanitarian issues.In this issue of the Review, we invited two experts in international humanitarian law (IHL) and multinational peace operations – Professor Eric David and Professor Ola Engdahl – to debate on the way in which the involvement of a multinational force may affect the classification of a situation. This question is particularly relevant to establishing whether the situation amounts to an armed conflict or not and, if so, whether the conflict is international or non-international in nature. This in turn will determine the rights and obligations of each party, especially in a context in which multinational forces are increasingly likely to participate in the hostilities.

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