scholarly journals THE PROTECTION OF WOMEN IN ARMED CONFLICT

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Gerald Aldytia Bunga
Keyword(s):  
Armed Conflict ◽  
Vulnerable Groups ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Gender Relation ◽  
Gender Based Violence ◽  
Forced Prostitution ◽  
Gender Based ◽  
The Impact

<p><em>The vulnerable groups often become the victim of adverse party of armed conflict. Women is included in there. Women in armed conflict are affected directly or indirectly by the conflict, including gender based violence like rape, forced impregnation, or forced prostitution. In addition, armed conflict also affects the gender relation related to women, for example women become the breadwinner as the result of lost of husband due to the conflict. this research aimed to discuss on the impact of armed conflict on women, how international humanitarian law protects women in armed conflict and how the implementation of that protection.</em></p>

Health Care Providers in War and Armed Conflict: Operational and Educational Challenges in International Humanitarian Law and the Geneva Conventions, Part I. Historical Perspective

2018 ◽  
Vol 13 (02) ◽  
pp. 109-115 ◽  
Author(s):  
Frederick M. Burkle ◽  
Adam L. Kushner ◽  
Christos Giannou ◽  
Mary A. Paterson ◽  
Sherry M. Wren ◽  
...  
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Armed Conflict ◽  
Historical Perspective ◽  
Geneva Convention ◽  
World Health ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Care Providers ◽  
The Impact

AbstractSince 1945, the reason for humanitarian crises and the way in which the world responds to them has dramatically changed every 10 to 15 years or less. Planning, response, and recovery for these tragic events have often been ad hoc, inconsistent, and insufficient, largely because of the complexity of global humanitarian demands and their corresponding response system capabilities. This historical perspective chronicles the transformation of war and armed conflicts from the Cold War to today, emphasizing the impact these events have had on humanitarian professionals and their struggle to adapt to increasing humanitarian, operational, and political challenges. An unprecedented independent United Nations–World Health Organization decision in the Battle for Mosul in Iraq to deploy to combat zones emergency medical teams unprepared in the skills of decades-tested war and armed conflict preparation and response afforded to health care providers and dictated by International Humanitarian Law and Geneva Convention protections has abruptly challenged future decision-making and deployments. (Disaster Med Public Health Preparedness. 2019;13:109–115)

Engaging or Shaming? An Analysis of UN’s Naming and Shaming of Child Abusers in Armed Conflict

2013 ◽  
Vol 4 (1) ◽  
pp. 151-173 ◽  
Author(s):  
C. Nyamutata
Keyword(s):  
Armed Conflict ◽  
Causal Link ◽  
Deterrent Effect ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
The Public ◽  
Rebel Groups ◽  
Naming And Shaming ◽  
The Impact

The impact of armed conflict on children has been recognized for some time as a major humanitarian problem. In 1999, the United Nations (UN) Security Council began taking up the abuse of children during armed conflict as a regular thematic issue. As part of the protective framework, the UN adopted a “strategy” of “naming and shaming” government forces and rebel groups recruiting, killing, maiming, raping or other sexual abusing of children during conflict. The philosophical justification of the public exposures is premised on the supposed stigmatic and deterrent effect on named and shamed offenders. However, little analysis has gone into the impact of this UN policy. This paper has the modest aim of assessing the UN’s naming and shaming practice since inception of the policy in 2002. The efficacy of shaming sanctions is contestable. The recent UN annual statistics on the exposed parties do not seem to evince a convincing causal link between of naming and shaming and adherence to international humanitarian law and international human rights law, particularly among armed non-State groups (ANSAs) so far. Naming and shaming represents an antagonistic modus operandi. This paper argues that humanitarian engagement with ANSAs offers a non-confrontational and corrective approach and thus greater promise for compliance and protection of children during armed conflict than naming and shaming.

scholarly journals THE LIMITATION OF CYBER WARFARE UNDER HUMANITARIAN LAW (Pembatasan Perang Siber dalam Hukum Humaniter)

2021 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Laila Almira
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Cyber Warfare ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Military Operations ◽  
Legal Frameworks ◽  
The Impact

<p><em>States and non-State armed groups are increasingly employing cyber capabilities in their military operations in the digitalization environment today. There is a controversy about how current international legal frameworks, especially International Humanitarian Law (IHL), applies to such conduct in cyberspace, most notably in the context of armed conflict. Because one of the fundamental aims of the IHL is to protect civilians from the impact of armed conflict, it is critical to explore the norms of IHL that regulate such operations. This article will be likely to discuss about cyber warfare in the term of armed conflict. Lastly, the article will be reviewing the rules and principle that applies during the cyber warfare.</em></p><p><em> </em></p>

Humanitarian Negotiation with Parties to Armed Conflict

2020 ◽  
Vol 11 (1) ◽  
pp. 68-96
Author(s):  
Rob Grace
Keyword(s):  
Armed Conflict ◽  
Final Section ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Key Factors ◽  
Structured Interviews ◽  
Negotiation Processes ◽  
Two Factors ◽  
The Impact

This article examines the role of international humanitarian law (ihl) and humanitarian principles in the discourse of humanitarian negotiation. The article is based on extensive, semi-structured interviews conducted with 53 humanitarian practitioners about their experiences engaging in negotiations in the field. The article proceeds in four parts. Part 1 discusses two key factors at play during humanitarian negotiation processes. The first factor is the counterpart’s familiarity with relevant legal and normative frameworks. The second factor is the interests that can drive counterparts’ behavior. Part 2 presents a framework for understanding how the interaction of these two factors – familiarity and interest-alignment – can shape the discourse of humanitarian negotiation. Part 3 addresses the impact of these same issues on the humanitarian side of the negotiation. In particular, there is the possibility that humanitarian actors themselves might also lack familiarity with ihl and/or humanitarian principles and might find that their interests exist in tension with humanitarian laws and principles. The final section offers concluding remarks.

From Peacekeepers to Parties to the Conflict: An IHL’s Appraisal of the Role of UN Peace Operations in NIACs

2020 ◽  
Vol 25 (2) ◽  
pp. 209-236
Author(s):  
Bianca Maganza
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
The Status ◽  
The Impact ◽  
Evolutionary Interpretation

Abstract The article analyses the application of international humanitarian law (IHL) to UN ‘peace operations’ when, due to their factual involvement in hostilities, they become parties to a non-international armed conflict. It argues that the notion of party to the conflict allows to focus on the collective entity and its obligations, and to infer the status of individual members of the operation from the mission's collective status. In assessing the consequences of that scenario, the article further discusses the external and internal borders of the scope of the notion of party to the conflict as applied to UN peace operations, and examines the impact of the loss of protection from attack on the principle of distinction. It concludes by suggesting that, in light of the increasing involvement of UN peace operations in situations that factually amount to armed conflict, an evolutionary interpretation of the theory of IHL's application to the situation is needed.

Regulating explosive remnants of war

2002 ◽  
Vol 5 ◽  
pp. 360-374 ◽  
Author(s):  
Louis Maresca
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Large Numbers ◽  
Women And Children ◽  
Explosive Remnants Of War ◽  
Antipersonnel Mines ◽  
Socioeconomic Consequences ◽  
The Impact

There have been significant developments in recent years in the efforts to reduce the death, injury and suffering caused by anti-personnel landmines. These weapons are regarded as one of the major threats to civilians once an armed conflict has ended. Anti-personnel mines have killed and injured large numbers of men, women and children and slowed the rebuilding of war-affected countries. The longterm and indiscriminate effects of these weapons led to the adoption in 1997 of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction.Anti-personnel mines, however, are one part of a broader problem. Modern armed conflict leaves behind a wide array of explosive ordnance which, like antipersonnel mines, causes large numbers of civilian casualties and has severe socioeconomic consequences for years, and sometimes for decades, after the hostilities end. Until recently, international humanitarian law contained very few requirements to lessen the impact of these ‘explosive remnants of war’ (ERW).

scholarly journals Feminist Debates on Civilian Women and International Humanitarian Law

2009 ◽  
Vol 27 (2) ◽  
pp. 385 ◽  
Author(s):  
Valerie Oosterveld
Keyword(s):  
Armed Conflict ◽  
Legal Aspects ◽  
International Humanitarian Law ◽  
Gender Inequalities ◽  
Humanitarian Law ◽  
The Status ◽  
Droit International ◽  
Civilian Women ◽  
Female Specific ◽  
The Impact

International humanitarian law [IHL] provisions address the situation of civilian women caught in armed conflict today, but is this law enough? Feminist commentators have considered this question and have come to differing conclusions. This article considers the resulting debate as to whether female-specific IHL provisions are adequate but underenforced, or inadequate, outdated and in need of revision. One school of thought argues that the main impediment to the protection of female civilians during hostilities is lack of observance of existing IHL. A second school of thought believes that something more fundamental is needed to meet the goal of protecting civilian women during war: revision and reconceptualization of IHL to take into account systematic gender inequality. This article considers the status of this debate within three areas of IHL considered by many to be central legal aspects of the experience of female civilians caught in armed conflict: the general non-discrimination provisions, the specific protection for civilian women against sexual violence and the specific protection of pregnant women and mothers. It concludes that, while there has been a vibrant debate within feminist circles on the adequacy of existing IHL provisions, mainstream action has tended to focus on enforcement. This is unfortunate, as it means that certain insights into the impact of deep gender inequalities on conflict have largely been left unexplored.Les dispositions du droit international humanitaire [DIH] traitent de la situation de femmes civiles prises de nos jours dans un conflit armé, mais ces lois suffisent-elles? Des commentatrices féministes ont songé à cette question et en sont venues à des conclusions différentes. Cet article porte sur le débat qui en résulte à savoir si les dispositions du DIH spécifiques aux femmes sont adéquates mais pas suffisamment mises en vigueur, ou si ellessont inadéquates, surannées et doivent être révisées. Une école de pensée soutient que l’obstacle principal à la protection de femmes civiles au cours d’hostilités est l’inobservation du DIH existant. Une deuxième école de pensée croit qu’il faut quelque chose de plus fondamental pour atteindre le but de protéger les femmes civiles pendant une guerre : la révision et la reconceptualisation du DIH pour tenir compte de l’inégalité systématique entre les sexes. Cet article examine l’état de ce débat dans trois domaines du DIH que plusieurs considèrent être des aspects légaux qui se situent au centre de l’expérience de femmes civiles prises dans un conflit armé : les dispositions générales contre la discrimination, la protection spécifique aux femmes civiles contre la violence sexuelle et la protection spécifique de femmes enceintes et de mères. On conclut que quoiqu’un débat animé ait été tenu au sein de cercles féministes en rapport avec la suffisance des dispositions existantes du DIH, l’action principale a eu tendance à être concentrée sur l’application de la loi. C’est malheureux, car cela signifie que certaines intuitions quant à l’impact sur le conflit d’inégalités profondes entre les sexes demeurent en grande partie inexplorées.

Armed Non-State Actors and Cultural Heritage in Armed Conflict

2017 ◽  
Vol 24 (4) ◽  
pp. 407-427 ◽  
Author(s):  
Marina Lostal ◽  
Kristin Hausler ◽  
Pascal Bongard
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
Field Research ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Governmental Organization ◽  
Research Interviews ◽  
State Actors ◽  
The Impact

Abstract:This article presents the preliminary findings of a scoping study that Geneva Call is conducting to understand the existing dynamics between armed non-state actors (ANSAs) and cultural heritage. Geneva Call is a Swiss-based non-governmental organization dedicated to promoting the respect of international humanitarian law by ANSAs. The study centres on three case studies—Syria, Iraq, and Mali—on which information has been obtained through desk and field research, interviews with ANSAs operating in those countries, and with leading organizations committed to the protection of cultural heritage, globally or regionally. The article first maps the various attitudes of ANSAs toward cultural heritage, highlighting both positive and negative examples from current practices. Then it analyzes the response of specialized organizations to the impact of ANSAs on cultural heritage and their level of engagement with these actors on cultural heritage issues. Finally, the conclusion offers some tentative recommendations to enhance the respect of cultural heritage by ANSAs in non-international armed conflicts.

The problem of gender-based violence in the Inter-American Court of Human Rights Case-Law

2021 ◽  
pp. 63
Author(s):  
Galina Nelaeva
Keyword(s):  
Human Rights ◽  
Crimes Against Humanity ◽  
Humanitarian Law ◽  
Gender Based Violence ◽  
Political Actors ◽  
Governmental Organizations ◽  
International Criminal Tribunals ◽  
Optional Protocol ◽  
Gender Based ◽  
The Impact

The phenomenon of gender-based violence is far from novel, it has been actively debated in academic and human rights circles for several decades already. However, gender-based violence has only recently become a focus of attention in international inter-governmental organizations and international courts. In the field of international humanitarian law, the International Criminal Tribunals for the former Yugoslavia and Rwanda declared sexualized violence as part of war crimes, crimes against humanity and genocide in the early 2000s, and approximately at the same time international human rights bodies started to examine this problem as well. The UN CEDAW Committee began its first deliberations in accordance with Optional Protocol to the CEDAW Convention (1999), and the Inter-American Commission and Court on Human Rights joined in as an active participant in this global struggle for women’s rights, making an impact on domestic law-making and law enforcement, and setting an important example for human rights groups and political actors. By looking at some of the most important decisions of the IACtHR in the field of combatting gender-based violence, we seek to identify major problem areas and the impact these decisions had in the region.

GENDER-BASED VIOLENCE AMONGST WOMEN WITH DISABILITIES: A CASE STUDY OF MWENEZI DISTRICT, ZIMBABWE

2016 ◽  
Vol 3 (1) ◽  
pp. 97-113 ◽  
Author(s):  
Tafadzwa Rugoho ◽  
France Maphosa
Keyword(s):  
Violence Against Women ◽  
Community Perceptions ◽  
Gender Based Violence ◽  
Group Discussions ◽  
Women With Disabilities ◽  
Qualitative Research Design ◽  
Disabled Women ◽  
Gender Based ◽  
The Impact

This article is based on a study of gender-based violence against women with disabilities. The study sought to examine the factors that make such women vulnerable, to investigate the community’s responses to gender-based violence against women with disabilities, and to determine the impact of gender-based violence on the wellbeing and health of women with disabilities. The study adopted a qualitative research design so as to arrive at an in-depth understanding of the phenomenon under study. The study sample consisted of 48 disabled women living in marital or common law unions, selected using purposive sampling. Of the 48 women in the sample, 16 were visually impaired while the remaining 32 had other physical disabilities. Focus group discussions were used for data collection. The data were analysed using the thematic approach. The finding was that women with disabilities also experience gender-based violence. The study makes recommendations whose thrust is to change community perceptions on disability as the only guarantee towards eradicating gender-based violence against women with disabilities.

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