scholarly journals The private military and security contractors in armed conflicts under international humanitarian law

2020 ◽  
Vol 9 (3) ◽  
pp. 149-156
Author(s):  
Hani Albasoos ◽  
Musallam Al Maashani
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Economic Perspective ◽  
State Behavior ◽  
International Treaty ◽  
Qualitative Approaches ◽  
Russian State ◽  
Military Contractors ◽  
Set Up

The participation of private and military contractors in armed conflicts is the contemporary phenomenon that concerned policymakers and military strategists, particularly Russian contractors. This phenomenon attracts most politicians to set up initiatives and to draw international guidelines to all concerned parties. The purpose of this research paper is to investigate the condition of Russian private military and security companies (PMSCs) in recent armed conflicts. The research is based on the realism approach, which will help explain Russian state behavior towards PMSCs, while the neoliberalism approach will help to explore this phenomenon from the Russian economic perspective. This research applies inductive, exploratory, and qualitative approaches, which solely based on secondary resources and media contents. The main finding of this research shows that those contractors have obligations under International Humanitarian Law (IHL), but the only limitation is the state’s obligation to endorse them.  Besides, it seems that an international treaty between countries could be a practical step towards having a useful regulatory framework.

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

scholarly journals Death of two eminent members of the Movement

1988 ◽  
Vol 28 (267) ◽  
pp. 558-559
Keyword(s):  
Police Officer ◽  
Air Force ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The Law ◽  
Set Up ◽  
Do So

The ICRC learned with deep sadness of the death on 24 September 1988 of General Pietro Verri, President of the Florence Branch of the Italian Red Cross, and the death on 16 October 1988 of Mr. Soehanda Ijas, Co-Chairman of the Indonesian Red Cross.General Verri, former Vice-Commander of the Arma dei Carabinieri, was an active supporter of the Red Cross and a tireless champion of international humanitarian law (IHL), a subject in which he was well versed. He was a member of the Italian delegation to the Diplomatic Conference which led, in 1977, to the adoption of the Protocols additional to the 1949 Geneva Conventions and as a profilic author and translator did much to promote the dissemination of IHL in his country. He drew his ability to do so from a flawless knowledge of the theoretical questions underlying the law of armed conflicts, coupled with a vast experience of the practical problems arising from the implementation of these rules. For several years he also acted as director of the courses set up by the Italian Red Cross to train instructors of humanitarian law and regularly taught the law of armed conflicts to members of the Air Force and Police Officer Academies.

scholarly journals The Interplay Between International Humanitarian Law, Terrorism and the “Foreign Terrorist Fighter” Regime

2018 ◽  
Vol 112 ◽  
pp. 307-310
Author(s):  
Sandra Krähenmann
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Regime ◽  
International Treaty ◽  
Natural Connection ◽  
Un Security Council ◽  
Armed Actors

There seems to be a natural connection between armed conflict and terrorism: both involve acts of violence by nonstate armed actors. The acts of armed groups during armed conflicts are frequently labeled as acts of terrorism. Similarly, both international humanitarian law (IHL) and the international legal regime governing terrorism address acts of violence committed by nonstate armed actors. Yet, these superficial similarities obscure the significant conceptual differences between acts of violence in armed conflicts and those outside armed conflicts as well as the differences in the legal regimes governing them. Before turning to an analysis of UN Security Council (UNSC) Resolution 2178 (2014), it is necessary to briefly explain how IHL addresses acts of terrorism, followed by a brief description of the international treaty regime governing terrorism, including how this regime regulates its relationship with IHL.

The application of humanitarian law by the armed forces of the United Nations Organization

1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Armed Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

scholarly journals EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

2021 ◽  
Vol 74 (1) ◽  
pp. 20-26
Author(s):  
Oleksandra Severinova ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of Armed Conflict ◽  
The World ◽  
History Of ◽  
Political Economic ◽  
Methodological Aspects

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.

scholarly journals THE INTERNATIONAL HUMANITARIAN LAW APPLICABLE IN THE NEW TYPES OF ARMED CONFLICTS

2014 ◽  
Vol 8 (4) ◽  
pp. 184-193
Author(s):  
Nicolae David Ungureanu
Keyword(s):  
Second World War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Modern Period ◽  
Second World

The international humanitarian law applicable in armed conflicts has evolved continuously since antiquity until today, its doctrinal writings pointing out during the modern period the influence that the progress of the concepts and the practices of war has had on the development of the normative conventions, especially the first and second world war, resulting in texts that are applicable even today.

The new International Criminal Court: A preliminary assessment

1998 ◽  
Vol 38 (325) ◽  
pp. 671-683 ◽  
Author(s):  
Marie-Claude Roberge
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Major Step ◽  
International Crimes ◽  
Set Up ◽  
New Institutions

After years of relentless effort and five weeks of intense and difficult negotiations, the Statute of the International Criminal Court (ICC) was adopted and opened for signature in Rome on 17 July 1998. This historic event represents a major step forward in the battle against impunity and towards better respect for international humanitarian law. For too long it has been possible to commit atrocities with total impunity, a situation which has given perpetrators carte blanche to continue such practices. The system of repression established by international law clearly has its shortcomings, and the time has come to adopt new rules and set up new institutions to ensure the effective prosecution of international crimes. A criminal court, whether at the national or international level, does not put a stop to crime, but it may serve as a deterrent and, consequently, may help reduce the number of victims. The results achieved in Rome should thus be welcomed, in the hope that the new Court will be able to discharge its mandate to the full.

Sign in / Sign up

Export Citation Format

Share Document