scholarly journals Armed Conflicts in Outer Space

2020 ◽  
Vol 7 (1) ◽  
pp. 335-357
Author(s):  
Juan Felipe Idrovo Romo
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Outer Space ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Dual Use ◽  
Public International Law ◽  
Unique Nature ◽  
Rules And Principles

The paper critically explores those scenarios (hypothetical, but probable) in which armed conflicts take place in outer space. First, the problem regarding the definition and delimitation of outer space will be analyzed. In this regard, the reasons why there is no consensus among the States, and even within the scientific community, will be explained. Subsequently, the relevant branches (for the topic) of Public International Law will be introduced (International Space Law, International Humanitarian Law, and Ius ad Bellum) and their key regulations will be identified. At this point, the main reasons why International Humanitarian Law shall be applied in the event that an armed conflict develops in outer space will be explained taking into account PIL formal and auxiliary sources. Likewise, specific challenges, that result from the application of International Humanitarian Law in outer space, will be exposed and analyzed. These challenges include: (i) attacks on dual-use objects; (ii) the obligations of the parties to the conflict when there is human direct or physical participation; and (iii) the applicable regulations for the development and use of new weapons. For each problem raised, possible solutions based on the rules and principles of current law will be provided. Finally, the need for the eventual creation of a specific treaty to regulate the matter will be emphasized, in view of the unique nature of this type of conflict.

3 Scope of Application of International Humanitarian Law

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Scope Of Application ◽  
The Law ◽  
Humanitarian Values ◽  
The One

This chapter addresses the scope of application of international humanitarian law. International humanitarian law regulates, and as a rule applies in times of, armed conflicts. Accordingly, it is also referred to as the law of armed conflict or jus in bello. The three interchangeable terms denote the only branch of public international law that is specifically designed to strike a balance during armed conflicts between preserving humanitarian values, on the one hand, and considerations of military necessity, on the other by protecting those who do not or no longer directly participate in hostilities and by limiting the right of parties to the conflict to use armed force only to the amount necessary to achieve the aim of the conflict, which is to weaken the military potential of the enemy. While international humanitarian law specifically regulates situations of armed conflicts, it does not automatically supersede all other areas of public international law in the event of an armed conflict. The chapter then focuses on the law enforcement aspects, the continued relevance of rules of international law of peace during armed conflict, and the relevance of humanitarian law in peacetime and post-conflict military operations.

To Serve the Enemy

2019 ◽  
Author(s):  
Shane Darcy
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Potential Role ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Rules And Principles

The use of informers and other collaborators by parties to an armed conflict is a common yet often concealed practice in times of war. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use, and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. While international law recognises the widespread and enduring phenomenon of individuals cooperating with an opposing side during an armed conflict, it treats it with some ambivalence. The lawfulness of resort to the practice is generally accepted in principle, yet international law seeks to place certain limits, including restrictions on the methods employed in the recruitment, use, and treatment of informers and other collaborators during armed conflict. This book examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. The author focuses primarily on international humanitarian law as applicable to various forms of collaboration but also provides an assessment of the potential role of international human rights law. The book examines the law and practice concerning the phenomenon of collaboration during both international and non-international armed conflicts.

4 Domains of Warfare

2020 ◽  
Author(s):  
McCosker Sarah
Keyword(s):  
Armed Conflict ◽  
Historical Development ◽  
Outer Space ◽  
Legal Regulation ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Necessity ◽  
Rules And Principles ◽  
Over Time

This chapter examines ‘domains’ of warfare, which are generally understood as the operational environments in which armed conflict occurs, and to which international humanitarian law (IHL) therefore applies. Until recent decades, domains of armed conflict have been largely predicated on geospatial conceptions, denoting the physical places where armed conflict has customarily occurred: land, sea, and air. General IHL applies across all these areas—including the fundamental principles of humanity, military necessity, and proportionality; restrictions or prohibitions of certain means and methods of warfare; and basic rules requiring humane treatment of persons and respect for civilians and civilian property. Over time, however, the particular exigencies of land, sea, and air warfare have led to the development of some specific IHL rules and principles tailored to each of those environments. Discussing domains of armed conflict therefore offers a window into the historical development of IHL. It shows how the emergence of new operational environments and new means and methods of armed conflict catalyses efforts at legal regulation, which can lead to the development of new domains or sub-sets of IHL. The chapter then considers how the idea of a domain might apply to armed conflict in outer space, and armed conflict involving cyber operations and other emerging capabilities.

Ten questions to Philip Spoerri, ICRC Director for International Law and Cooperation

2012 ◽  
Vol 94 (887) ◽  
pp. 1125-1134 ◽  
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Republic Of The Congo ◽  
The One

With the globalisation of market economies, business has become an increasingly prominent actor in international relations. It is also increasingly present in situations of armed conflict. On the one hand, companies operating in volatile environments are exposed to violence and the consequences of armed conflicts. On the other hand, some of their conduct in armed conflict may lead to violations of the law.The International Committee of the Red Cross (ICRC) engages with the private sector on humanitarian issues, with the aim of ensuring compliance or clarifying the obligations that business actors have under international humanitarian law (IHL) and encouraging them to comply with the commitments they have undertaken under various international initiatives to respect IHL and human rights law.In times of conflict, IHL spells out certain responsibilities and rights for all parties involved. Knowledge of the relevant rules of IHL is therefore critical for local and international businesses operating in volatile contexts. In this Q&A section, Philip Spoerri, ICRC Director for International Law and Cooperation, gives an overview of the rules applicable to business actors in situations of conflict, and discusses some of the ICRC's engagement with business actors.Philip Spoerri began his career with the ICRC in 1994. Following a first assignment in Israel and the occupied and autonomous territories, he went on to be based in Kuwait, Yemen, Afghanistan, and the Democratic Republic of the Congo. In Geneva, he headed the legal advisers to the Department of Operations. He returned to Afghanistan as head of the ICRC delegation there from 2004 to 2006, when he took up his current position. Before joining the ICRC, he worked as a lawyer in a private firm in Munich. He holds a PhD in law from Bielefeld University and has also studied at the universities of Göttingen, Geneva, and Munich.

scholarly journals International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

Lex Russica ◽  
2021 ◽  
pp. 84-95
Author(s):  
N. A. Sokolova
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Natural Environment ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Wide Range

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

Part II Substantive Aspects, Ch.3 Cultural Heritage and International Humanitarian Law

2020 ◽  
Author(s):  
O’Keefe Roger
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Cultural Sites

The beginnings of international cultural heritage law can be traced to rules on the treatment of cultural sites and objects in war—that is, to international humanitarian law, the branch of public international law dedicated to the regulation of the conduct of what we now refer to as armed conflict. Today there exists a detailed body of conventional and customary international humanitarian law designed to protect tangible cultural heritage, both immovable and movable, from destruction and damage and from all forms of misappropriation in the course of international and non-international armed conflict. The chapter provides an account and analysis of these rules.

Commission I: War victims and respect for international humanitarian law

1996 ◽  
Vol 36 (310) ◽  
pp. 36-42
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
War Victims

Commission I, which was chaired by H.E. Ambassador Hisashi Owada, Permanent Representative of Japan to the United Nations in New York, had two main items on its agenda: discussion of the follow-up to the 1993 International Conference for the Protection of War Victims held in Geneva and action to be taken in that regard by the 26th International Conference, and examination of a number of humanitarian issues relating to the protection of the civilian population in times of armed conflict. The Commission also took note of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea.

Special agreements as a means of enhancing compliance with IHL in non-international armed conflicts: An inquiry into the governing legal regime

2014 ◽  
Vol 96 (895-896) ◽  
pp. 1195-1224 ◽  
Author(s):  
Ezequiel Heffes ◽  
Marcos D. Kotlik
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Decision Making Process ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Regime ◽  
Geneva Conventions ◽  
Domestic Law

AbstractCommon Article 3 to the four Geneva Conventions encourages the parties to a non-international armed conflict to bring into force international humanitarian law provisions through the conclusion of special agreements. Since armed groups are ever more frequent participants in contemporary armed conflicts, the relevance of those agreements as means to enhance compliance with IHL has grown as well. The decision-making process of special agreements recognizes that all the parties to the conflict participate in the clarification and expansion of the applicable rights and obligations in a way that is consistent with the principle of equality of belligerents. This provides incentives for armed groups to respect the IHL rules they have themselves negotiated. However, even upon the conclusion of such agreements, it remains unclear which legal regime governs them. This paper will argue that special agreements are governed by international law instead of domestic law or asui generislegal regime.

scholarly journals REVISITING THE BIPOLAR DISTINCTION IN THE CHARACTERISATION OF ARMED CONFLICTS

2010 ◽  
Author(s):  
W Ochieng
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Traditional Understanding

Since the Geneva Conventions, the architecture of International Humanitarian Law (IHL) has been founded upon a distinction between international armed conflict and non-international armed conflict. Today, this claim stands to be revisited since international and non-international armed conflicts are no longer strict organising frameworks for the categorisation of rules of armed conflicts. This is seen in that over fifty years ago, when the four Geneva Conventions were negotiated, the principles of sovereignty and non-intervention were the cornerstones of international law and while their force today is still apparent, the interdependence of states, and global concerns such as terrorism and the commission of widespread human rights violations have eroded the traditional inviolability of borders. The dichotomy in humanitarian law is as implausible today as it is also fundamentally unworkable given the current conditions of conflicts. This dualist conception is no longer adequate to deal with current features of armed conflict, which do not fit neatly into the two categories and frequently contain mixed elements which thus make the task of classification highly complex. The codification of customary rules of international humanitarian law has narrowed the grounds on which the distinctions are predicated. In addition, the two regimes apply simultaneously on multiple situations. Moreover, the question of contemporary armed conflicts raises serious doubts as to whether the traditional understanding of international law still suffices to explain the complexities of modern day armed conflicts. This essay seeks to offer a different perspective on armed conflicts by suggesting a systematic rethinking of the categorisation of conflict. It argues that some of the dilemmas of contemporary conflicts may be attenuated by a new conceptualisation of this bipolar distinction namely a need for a unitary conception of armed conflict.

Human Rights and Protocol II

1983 ◽  
Vol 23 (236) ◽  
pp. 246-254 ◽  
Author(s):  
Sylvie Junod
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
The United Nations

Human rights, particularly civil and political, have influenced the latest developments in international humanitarian law, especially 1977 Protocol II relating to non-international armed conflicts. At the Teheran Conference in 1968 the United Nations began to reconcile these two branches of international law; it was at this Conference that international humanitarian law was first called “human rights in periods of armed conflict”. This rapprochement was helped further by the adoption in the 1977 Protocols of some basic rules identical to those in the Human Rights Conventions; it helps strengthen the protection of human beings in situations of armed conflict.

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