scholarly journals Features of the Political and Legal Justification of the Use of Force in Internal Armed Conflicts in Countering Terrorism and Other Violent Manifestations of Extremism

2018 ◽  
pp. 16-26
Author(s):  
Sergey Korostelev ◽  
Keyword(s):  
Use Of Force ◽  
Armed Conflicts ◽  
The Political ◽  
Legal Justification ◽  
Internal Armed Conflicts

scholarly journals International Humanitarian Law and Internationalized Internal Armed Conflicts

1982 ◽  
Vol 22 (230) ◽  
pp. 255-264 ◽  
Author(s):  
Dietrich Schindler
Keyword(s):  
Civil War ◽  
Civil Wars ◽  
Use Of Force ◽  
Armed Forces ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Internal Conflicts ◽  
International War ◽  
The Third World ◽  
Internal Armed Conflicts

Internationalized internal armed conflicts have become a common feature of the past decades. In numerous civil wars foreign armed forces have intervened in favour of one or the other party and thereby attempted to influence the outcome of the conflict. Various causes have led to this development. One of them is the increased interdependence of States, as a consequence of which every civil war will affect other States and, conversely, the attitudes of other States may have an impact on the outcome of the civil war, even without any intervention. Another cause can be found in the world's ideological cleavage which divides nations and results in the overlapping of internal and international conflicts. Among further causes we can mention the existence of military blocs and of regional groupings which have an interest in preventing the overthrow of régimes within the bloc and tend to encourage alterations in other blocs. Another factor to be taken into consideration is the prohibition of the use of force in international relations. Whereas in earlier times States waged open wars in order to increase their power, today, due to the prohibition of the use of force, they rather endeavour to achieve the same result by interfering in the internal affairs of other States. Interference in internal conflicts is often a substitute for an international war. The instability of many contemporary régimes, mainly of the Third World, further favours the internationalization of internal conflicts.

Authorizing Attacks in Response to Terrorist Attacks

2019 ◽  
pp. 21-39
Author(s):  
Patrycja Grzebyk
Keyword(s):  
Use Of Force ◽  
The United States ◽  
Armed Conflicts ◽  
Terrorist Attacks ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Justification ◽  
The Law ◽  
Legal Constraints

Some states (mainly the United States and Israel) intermingle the terms/principles of the law of armed conflicts/international humanitarian law regime and the regime of the law on the use of force in order to avoid legal constraints and to justify attacks against non-state armed groups in violation of the sovereignty of other states and the rights of particular persons. The counterterrorism strategy is created under the influence of legal arguments, and thus the recent trend of abusive interpretation of the regimes could encourage decision-makers to resort to military measures instead of using less intrusive instruments such as criminal cooperation. This tendency is more visible in times of crisis. States are then still interested in having legal justification for their actions, but they tend to see the role of law differently: the law is expected to serve the authorities, rather than to guide them, when the state’s fundamental interest—its security—is under threat.

Современный образ войны и проблема ее трасформации

2018 ◽  
Vol 13 (3) ◽  
pp. 29
Author(s):  
D. A. Abgadzhava ◽  
A. S. Vlaskina
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Social Progress ◽  
The Political ◽  
Military Conflict ◽  
The Past ◽  
Advanced Technologies ◽  
The Social ◽  
Political Boundaries ◽  
Modern War

War is an essential part of the social reality inherent in all stages of human development: from the primitive communal system to the present, where advanced technologies and social progress prevail. However, these characteristics do not make our society more peaceful, on the contrary, according to recent research and reality, now the number of wars and armed conflicts have increased, and most of the conflicts have a pronounced local intra-state character. Thus, wars in the classical sense of them go back to the past, giving way to military and armed conflicts. Now the number of soldiers and the big army doesn’t show the opponents strength. What is more important is the fact that people can use technology, the ideological and informational base to win the war. According to the history, «weak» opponent can be more successful in conflict if he has greater cohesion and ideological unity. Modern wars have already transcended the political boundaries of states, under the pressure of certain trends, they are transformed into transnational wars, that based on privatization, commercialization and obtaining revenue. Thus, the present paper will show a difference in understanding of terms such as «war», «military conflict» and «armed conflict». And also the auteurs will tell about the image of modern war and forecasts for its future transformation.

Complex Conflict Situations

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Model Based ◽  
Conflict Situations ◽  
Single Use ◽  
The Law ◽  
Mutually Independent

This chapter analyses the legal qualification of complex conflict situations that feature more than two conflict parties. It examines whether such situations qualify as a single internationalized armed conflict or a number of independent international and non-international armed conflicts. With this in mind, this chapter puts forward a model based on the retention of autonomy of the allied conflict parties. It argues that once the autonomy is foregone and replaced with a single use of force by the parties, the law of international armed conflict applies ‘globally’ to the situation at hand. However, until that moment, the situation should be seen as ‘mixed’; in other words, as a set of mutually independent conflict pairs.

The Historical Development of the Application of Humanitarian Law in Non-International Armed Conflicts to 1949

1998 ◽  
Vol 47 (2) ◽  
pp. 337-361 ◽  
Author(s):  
Lindsay Moir
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Historical Development ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Similar Magnitude ◽  
International Conflicts ◽  
International Regulation ◽  
Internal Armed Conflicts

That humanitarian rules were applicable in armed conflicts was accepted long before the nineteenth century, but the fact that non-international armed conflicts were regarded as beyond the ambit of international regulation meant that the application of such norms to internal armed conflicts was certainly not a matter of course. Towards the end of the eighteenth century there had been a move towards the application of the laws of warfare to non-international armed conflicts as well as international conflicts, but this was based on the character of the conflicts and the fact that both were often of a similar magnitude, rather than any humanitarian concern to treat the victims of both equally. Not until the nineteenth century did the application of the laws of war to non-international armed conflicts become a widespread issue in international law.

The Social Life of Opium in China, 1483–1999

2003 ◽  
Vol 37 (1) ◽  
pp. 1-39 ◽  
Author(s):  
Yangwen Zheng
Keyword(s):  
Social Life ◽  
Armed Conflicts ◽  
Modern China ◽  
The Political ◽  
Chinese History ◽  
Major Theme ◽  
Opium Trade ◽  
The People ◽  
History Of ◽  
Opium Wars

The history of opium is a major theme in modern Chinese history. Books and academic careers have been devoted to its study. Yet the question that scholars of the opium wars and of modern China have failed to ask is how the demand for opium was generated. My puzzle, during the initial stage of research, was who smoked opium and why. Neither Chinese nor non-Chinese scholars have written much about this, with the exception of Jonathan Spence. Although opium consumption is a well-acknowledged fact, the reasons for its prevalence have never been fully factored into the historiography of the opium wars and of modern China. Michael Greenberg has dwelt on the opium trade, Chang Hsin-pao and Peter Fay on the people and events that made armed conflicts between China and the West unavoidable. John Wong has continued to focus on imperialism, James Polachek on Chinese internal politics while Opium regimes: China, Britain, and Japan, 1839–1952, the latest work, has studied the political systems that controlled opium. But the political history of opium, like the opium trade and the theatre of war, is only part of the story. We need to distinguish them from the wider social and cultural life of opium in China. The vital questions are first, the point at which opium was transformed from a medicine to a luxury item and, secondly, why it became so popular and widespread after people discovered its recreational value. It is these questions that I address. We cannot fully understand the root problem of the opium wars and their role in the emergence of modern China until we can explain who was smoking opium and why they smoked it.

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