scholarly journals PROTECTION OF THE CIVILIAN POPULATION AS THE IMPLEMENTATION OF THE PRINCIPLE OF DISCRIMINATION

2020 ◽  
Vol 1 (2) ◽  
pp. 94-104
Author(s):  
Al Qodar Purwo Sulistyo ◽  
Levina Yustinianingtyas
Keyword(s):  
Armed Conflict ◽  
International Community ◽  
International Humanitarian Law ◽  
The Internet ◽  
Humanitarian Law ◽  
Legal Research ◽  
Civilian Population ◽  
Object Of Study ◽  
Palestinian Population ◽  
Principle Of Discrimination

Legal research aims to solve the problems that arise in connection with the application of the principle of distinction (distinction principle) in terms of the protection of civilians in international armed conflict between Israel and the Palestinians. The object of study in legal research is devoted to applying the principle of distinction against the civilian population as a victim of war under international humanitarian law in armed conflict international. To solve these problems, they need to be supported by the data in the form of legal material.  The data was obtained through the study of literature and via the Internet. From this legal research to achieve results that provide answers to the problems that exist, the Israeli aggression on Palestine has violated international humanitarian law provisions and has caused misery for the Palestinian population. As a result of these actions, the Israelis may be subject to liability in the form of sanctions or punishment according to international humanitarian law provisions applicable in the international community

scholarly journals Wired warfare 3.0: Protecting the civilian population during cyber operations

2019 ◽  
Vol 101 (910) ◽  
pp. 333-355
Author(s):  
Michael N. Schmitt
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Civilian Population ◽  
Degree Of Protection ◽  
Precise Degree

AbstractAs a general matter, international humanitarian law is up to the task of providing the legal framework for cyber operations during an armed conflict. However, two debates persist in this regard, the resolution of which will determine the precise degree of protection the civilian population will enjoy during cyber operations. The first revolves around the meaning of the term “attack” in various conduct of hostilities rules, while the second addresses the issue of whether data may be considered an object such that operations destroying or altering it are subject to the prohibition on attacking civilian objects and that their effects need be considered when considering proportionality and the taking of precautions in attack. Even if these debates were to be resolved, the civilian population would still face risks from the unique capabilities of cyber operations. This article proposes two policies that parties to a conflict should consider adopting in order to ameliorate such risks. They are both based on the premise that military operations must reflect a balance between military concerns and the interest of States in prevailing in the conflict.

Get off my cloud: cyber warfare, international humanitarian law, and the protection of civilians

2012 ◽  
Vol 94 (886) ◽  
pp. 533-578 ◽  
Author(s):  
Cordula Droege
Keyword(s):  
Cyber Security ◽  
Traffic Control ◽  
Armed Conflict ◽  
Armed Forces ◽  
International Humanitarian Law ◽  
Cyber Warfare ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Oil Pipeline ◽  
Cyber Space

AbstractCyber warfare figures prominently on the agenda of policymakers and military leaders around the world. New units to ensure cyber security are created at various levels of government, including in the armed forces. But cyber operations in armed conflict situations could have potentially very serious consequences, in particular when their effect is not limited to the data of the targeted computer system or computer. Indeed, cyber operations are usually intended to have an effect in the ‘real world’. For instance, by tampering with the supporting computer systems, one can manipulate an enemy's air traffic control systems, oil pipeline flow systems, or nuclear plants. The potential humanitarian impact of some cyber operations on the civilian population is enormous. It is therefore important to discuss the rules of international humanitarian law (IHL) that govern such operations because one of the main objectives of this body of law is to protect the civilian population from the effects of warfare. This article seeks to address some of the questions that arise when applying IHL – a body of law that was drafted with traditional kinetic warfare in mind – to cyber technology. The first question is: when is cyber war really war in the sense of ‘armed conflict’? After discussing this question, the article goes on to look at some of the most important rules of IHL governing the conduct of hostilities and the interpretation in the cyber realm of those rules, namely the principles of distinction, proportionality, and precaution. With respect to all of these rules, the cyber realm poses a number of questions that are still open. In particular, the interconnectedness of cyber space poses a challenge to the most fundamental premise of the rules on the conduct of hostilities, namely that civilian and military objects can and must be distinguished at all times. Thus, whether the traditional rules of IHL will provide sufficient protection to civilians from the effects of cyber warfare remains to be seen. Their interpretation will certainly need to take the specificities of cyber space into account. In the absence of better knowledge of the potential effects of cyber warfare, it cannot be excluded that more stringent rules might be necessary.

International Humanitarian Law after Kosovo: Is lex lata Sufficient?

2002 ◽  
Vol 71 (1) ◽  
pp. 39-54 ◽  
Author(s):  
Keyword(s):  
Federal Republic ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Definition Of

AbstractThis article discusses the principles of international humanitarian law in relation to the armed conflict that affected Kosovo and other parts of the Federal Republic of Yugoslavia in the spring of 1999. Since the armed action of the NATO countries exclusively existed of acts of air warfare, the discussion is focused on targeting and the interpretation of the definition of military objectives. The question is put whether lex lata proved to be satisfactory during the Kosovo crisis, or whether a de lege ferenda discussion is called for in order to achieve a better protection of the civilian population.

Tracing the Historical and Legal Development of the Levée en Masse in the Law of Armed Conflict

2017 ◽  
Vol 19 (3) ◽  
pp. 329-361 ◽  
Author(s):  
Emily Crawford
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Legal Development ◽  
Law Of Armed Conflict ◽  
History Of ◽  
The Law

Levée en masse – the spontaneous uprising of the civilian population against an invading force – has long been a part of the modern law of armed conflict with regard to determining who may legitimately participate in armed conflict. The concept originated during the revolutionary wars in America and France, and was incorporated into the first codified rules of armed conflict. However, despite the prevalence of the category of levée en masse in the modern laws of armed conflict, there have been few, if any, instances of levée en masse taking place in modern armed conflicts. This article examines how and why the category of levée en masse developed. In doing so, this article situates the concept and evolution of levée en masse within the history of international humanitarian law more generally.

International Humanitarian Law and Non-State Practice in Armed Conflict: Combatant’s Privilege and Kurdish Fighters in Syria

2019 ◽  
Vol 24 (2) ◽  
pp. 271-296
Author(s):  
Ilana Rothkopf
Keyword(s):  
Armed Conflict ◽  
International Community ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Prisoner Of War ◽  
Geneva Conventions ◽  
State Practice ◽  
The Status

Abstract Do fighters associated with non-state armed groups have the combatant’s privilege in armed conflict? Non-state armed groups are commonplace in contemporary armed conflicts. However, international humanitarian law (IHL), particularly the law that pertains to combatant’s privilege and prisoner of war status, was designed with state actors in mind. This article assesses the conditions under which the members of non-state armed groups have combatant’s privilege. Throughout, it uses the case of Kurdish fighters in Syria as an example of the timeliness of this question and its ramifications for conflict actors. This article notes, with support from the Geneva Conventions, Additional Protocols, and other sources of IHL, that IHL does not foresee a combatant’s privilege for armed groups in a non-international armed conflict. It contends, however, that the international community should agree to a generalisable rule for the treatment of fighters as combatants regardless of conflict type, if these fighters demonstrate the capability and willingness to adhere to IHL. Such a rule would reduce the need to assess both conflict type and the status of individual fighters should they be captured, and more importantly, it would incentivise continued compliance with IHL.

The International Committee of the Red Cross and the implementation of a system to repress breaches of international humanitarian law

1994 ◽  
Vol 34 (300) ◽  
pp. 240-254 ◽  
Author(s):  
María Teresa Dutli ◽  
Cristina Pellandini
Keyword(s):  
Armed Conflict ◽  
International Committee ◽  
Prisoners Of War ◽  
Customary Law ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Vital Importance ◽  
Geneva Conventions

The fundamental instruments of international humanitarian law are well known. They are principally the four Geneva Conventions of 1949 and their Additional Protocols of 1977, as well as an extensive framework of customary law. These instruments deal with issues of vital importance in times of armed conflict including protection of the wounded, sick and shipwrecked, prisoners of war and civilian internees, as well as the protection of the civilian population as a whole.

Twenty-five Years after the Adoption of Additional Protocol II: Breakthrough or Failure of Humanitarian Legal Protection?

2001 ◽  
Vol 4 ◽  
pp. 129-166
Author(s):  
Heike Spieker
Keyword(s):  
Legal Protection ◽  
International Community ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Internal Armed Conflicts

On 12 December 2002, the international community celebrated the twenty-fifth anniversary of the opening for signature of 1977 Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts. In view of today's armed hostilities around the globe, this anniversary raises the questions whether international humanitarian law provides substantive regulation protecting civilians in non-international armed conflicts; whether such legal protection is effectively countering the sufferings of the civilian population and what are now the main challenges for the international communityvis-à-visinternal armed conflicts.

Displacement of Civilians during Armed Conflict in the Light of the Case Law of the Eritrea-Ethiopia Claims Commission

2009 ◽  
Vol 22 (4) ◽  
pp. 823-851 ◽  
Author(s):  
ALLEHONE MULUGETA ABEBE
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Case Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Law

AbstractThe awards on liability and damages for violations of international humanitarian law of the Eritrea-Ethiopia Claims Commission uncover both the extent of state responsibility for unlawful displacement and deportation of civilian population resulting from wrongful actions of belligerents under international law and the availability of remedies for victims of such violations. The Commission reached a number of important decisions based on government-to-government claims brought by Ethiopia and Eritrea for injuries, losses, and damage suffered by individuals and groups uprooted by the war. While these decisions bring to light the potential of international humanitarian law in addressing the plight of the displaced, they also expose the limitations of the tribunal's mandate and its interpretation of existing law. The aim of this essay is to analyse the case law of the Commission in the light of international law applicable to situations of displacement of civilians triggered by international armed conflicts, and evaluate the relevance of the Commission's jurisprudence for the development of the law in the field.

Assistance to the civilian population: the development and present state of international humanitarian law

1992 ◽  
Vol 32 (288) ◽  
pp. 249-263 ◽  
Author(s):  
Denise Plattner
Keyword(s):  
International Law ◽  
Present State ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Right

Bearing in mind the plethora of rules applicable in time of war, jurists define international law rather elaborately as follows:“International humanitarian law applicable in armed conflict means international rules, established by treaties or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts and which, for humanitarian reasons, limit the right of Parties to a conflict to use the methods and means of warfare of their choice or protect persons and property that are, or may be, affected by conflict”.

International law and armed conflict in dark times: A call for engagement

2014 ◽  
Vol 96 (895-896) ◽  
pp. 737-749
Author(s):  
Naz K. Modirzadeh
Keyword(s):  
International Law ◽  
General Public ◽  
Armed Conflict ◽  
Turning Point ◽  
Armed Forces ◽  
Breaking Point ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Geneva Conventions

AbstractThis Opinion Note highlights the international humanitarian law (IHL) provisions mandating dissemination of the Geneva Conventions and the Additional Protocols to the civilian population. In referencing three dilemmas concerning contemporary challenges to international law in armed conflict and how each of those dilemmas may result in a “breaking point” or a “turning point”, the author argues that it is vitally important not only for armed forces but also for the general public to learn – and actively engage with – IHL both during war and in (relative) peacetime.

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