The Protection of Medical Officers in the Armed Conficts; Case Study of Indonesia

International Humanitarian Law (HHI) has regulated provisions regarding the protection of medical personnel in a conflict, whether an international, non-international armed conflict or an internationalized armed conflict. These categories of various types of armed conflict are also part of the legality of the emergence of humanitarian intervention by medical personnel in an armed conflict. A form of medical care for parties who are either directly or indirectly involved in an armed conflict. In the Indonesian context, the provisions regulating separately the protection of medical personnel in armed conflict have not been regulated separately. However, considering that Indonesia has ratified the 1949 Geneva Convention, the convention can be considered as the official Indonesian national regulation on the protection of medical personnel in armed conflict. In this article, it is demonstrated that there were still many violations, especially against the purpose of war, which made medical officers and medical buildings in an armed conflict a military target, such as in the Syrian conflict, as well as domestic Indonesia such as Aceh and Papua. Several factors have led to the fall of medical personnel in various armed conflicts (both horizontal and vertical) in Indonesia, among others are: (a) The parties to an armed conflict are not aware of the provisions of the principles of international humanitarian law. (b) The parties are suspicious of the neutrality of the medical personnel, as well as (c) Not having a good communication system between the conflicting parties and medical personnel.

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Problems of medical staff protection in the context of armed conflict in Ukraine

Social Law ◽

10.37440/soclaw.2019.03.16 ◽

2019 ◽

pp. 94-98

Author(s):

G. Gabrelyan

Keyword(s):

Medical Staff ◽

Armed Conflict ◽

Criminal Responsibility ◽

Medical Personnel ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Medical Facilities ◽

Staff Protection ◽

International Character

It has been proved that since the beginning of Russian aggression in the east of Ukraine the problems of international humanitarian law, in particular the protection of medical personnel in the context of armed conflict, have become particularly relevant. It is determined that, through its peaceful policy, Ukraine is not ready for armed aggression. The provisions of international normative legal acts regulating the protection of medical personnel and medical facilities during armed conflicts of international and international character are examined. The basics of implementation of the provisions of international humanitarian law by national legislation and peculiarities of criminal responsibility for violations and crimes against physicians in the area of armed conflict are investigated.

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PROTECTION OF MEDICAL PERSONNELIN THE CONTEXT OF ARMED CONFLICT IN UKRAINE

ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS ◽

10.17721/apmv.2020.142.1.41-49 ◽

2020 ◽

pp. 41-49

Author(s):

M. Medvedieva ◽

H. Habrelian

Keyword(s):

Armed Conflict ◽

Criminal Responsibility ◽

Medical Personnel ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

National Legislation ◽

Medical Facilities ◽

International Character

It has been proved that since the beginning of the Russian aggression in the east of Ukraine the problems of international humanitarian law, in particular the protection of medical personnel in the context of armed conflict, have become particularly relevant. It is determined that, through its peaceful policy, Ukraine is not ready for armed aggression. The provisions of international normative legal acts regulating the protection of medical personnel and medical facilities during armed conflicts of international and non-international character are examined. The basics of implementation of the provisions of international humanitarian law by national legislation and peculiarities of criminal responsibility for violations and crimes against physicians in the area of armed conflict are investigated.

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The Problem of Cyber Espionage in the International Humanitarian Law

Moscow Journal of International Law ◽

10.24833/0869-0049-2021-1-70-80 ◽

2021 ◽

pp. 70-80

Author(s):

S. Yu. Garkusha-Bozhko

Keyword(s):

International Law ◽

Armed Conflict ◽

Geneva Convention ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Practical Application ◽

Additional Protocol ◽

Cyber Espionage ◽

The Hague

INTRODUCTION. The article analyses the problem of cyber espionage in the context of armed conflict in cyberspace. The relevance of this research, as part of the problem of international humanitarian law applying in cyberspace, is confirmed by the rapid development of cyber technologies that can be used during armed conflict, as well as the availability of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations.MATERIALS AND METHODS. The main sources of this research are the provisions of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, the rules of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the rules of the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of custom- ary international humanitarian law. The methodology consists of the principles used in legal research, as well as general scientific and special methods of legal research (system and formal legal methods).RESEARCH RESULTS. The provisions of the Tallinn Manual on cyber espionage were examined for compliance with the relevant provisions of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of customary international humanitarian law, as well as the problems that may arise in the process of possible practical application of this provision of the Tallinn Manual.DISCUSSION AND CONCLUSIONS. It is noted that the provisions of the Tallinn Manual 2.0 on cyber espionage are based on the relevant rules of international law. In fact, the relevant provision of the Tallinn Manual is completely copied from the relevant rules of IHL. However, based on the results of this research, the author comes to the conclusion that such blind copying does not take into account the specifics of cyberspace and leads to the following problems in the possible practical application of this provision of the Tallinn Manual: firstly, due to the anonymity of users, it will be difficult to distinguish between a cyber intelligence officer and a cyber spy in practice. Secondly, due to the difficulties in establishing clear state borders in cyberspace, including due to the use of blockchain and VPN technologies, in practice it is impossible to reliably establish whether secret information was collected on the territory of the enemy, which, in turn, leads to difficulties in qualifying such an act as cyber espionage. Finally, in the context of modern armed conflicts, espionage has ceased to be a phenomenon exclusively of international armed conflicts, and therefore it is likely that cyber espionage can be carried out not only in the context of an international armed conflict, but also in the context of a non-international armed conflict. Based on the results of this research, suggestions were made to develop state practice on this issue. It is desirable that States raise the discussion of the above issues at the UN General Assembly, which would help to identify the main trends in the development of such practices. Only And only after the practice of States on this issue becomes more obvious, the question of developing an appropriate international treaty, preferably within the UN, can be raised.

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International Humanitarian Law in India: A Critical Case Study

Kathmandu School of Law Review ◽

10.46985/jms.v3ispecial.998 ◽

2013 ◽

pp. 129-140

Author(s):

Anita Yadav ◽

Amit Yadav

Keyword(s):

World War Ii ◽

Armed Conflict ◽

Geneva Convention ◽

International Humanitarian Law ◽

Humanitarian Law ◽

World War ◽

Human Right ◽

Internal Armed Conflict ◽

Critical Case Study

Prior to 1949, a consensual regime on internal armed conflict was nonexistent. The urgency to regulate the conducts of parties in an internal armed conflict was realized in the wake of World War II. The evolving war patterns direly necessitated regulation of massive violations of both humanitarian law and human right norms that are corollary to each other. This article attempts to sketch the application of international humanitarian law governing internal armed conflict in the context of India with reference various approaches at national and international level. It also highlights the fact that India is yet to recognize protocol II of the Geneva Convention and the concerns such has attracted. Further, the article also attempts to venture into the grey area of determining the threshold of internal armed conflict.

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Thresholds in Flux—the Standard for Ascertaining the Requirement of Organization for Armed Groups under International Humanitarian Law

Journal of Conflict and Security Law ◽

10.1093/jcsl/kraa024 ◽

2020 ◽

Author(s):

Yutaka Arai-Takahashi

Keyword(s):

Armed Conflict ◽

Geneva Convention ◽

Prisoners Of War ◽

Organizational Level ◽

International Humanitarian Law ◽

Threshold Condition ◽

Special Importance ◽

Humanitarian Law ◽

Armed Groups ◽

International Criminal Tribunals

Abstract The requirement of organization is supposed to be of special importance in international humanitarian law (IHL). In the situation of international armed conflict (IAC), this requirement is implicit as part of the collective conditions to be fulfilled by irregular/independent armed groups to enable their members to claim the prisoners of war status under Article 4 A(2) of the Third Geneva Convention. In a non-international armed conflict (NIAC), the eponymous requirement serves, alongside the requirement of intensity of violence, as the threshold condition for ascertaining the onset of a NIAC. While the requirement of organization has not caused much of disputes in IACs, the international criminal tribunals have shown a willingness to examine scrupulously if armed groups in NIACs are sufficiently organized. Still, this article argues that there is need for a nuanced assessment of the organizational level of an armed group in some specific phases of the ongoing armed conflict whose legal character switches (from an NIAC to an IAC, vice-versa, and from a NIAC to a law-enforcement model). It explores what rationales and argumentative model may be adduced to explain such varying standards for organization in different contexts.

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

Disaster Medicine and Public Health Preparedness ◽

10.1017/dmp.2018.41 ◽

2018 ◽

Vol 13 (02) ◽

pp. 109-115 ◽

Cited By ~ 1

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)

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

Law Journal of Donbass ◽

10.32366/2523-4269-2021-74-1-20-26 ◽

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.

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The Geneva Humanitarian Law Conference 1975

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800000710 ◽

1976 ◽

Vol 13 ◽

pp. 295-305 ◽

Cited By ~ 1

Author(s):

L. C. Green

Keyword(s):

Armed Conflict ◽

Armed Conflicts ◽

Red Cross ◽

International Humanitarian Law ◽

Humanitarian Law ◽

International Conflicts ◽

Conventional Weapons

The second session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable to Armed Conflicts met in Geneva from February 3 until April 18, 1975. The purpose of this session of the Conference was the adoption — or perhaps more correctly the successful drafting — of two Protocols to be added to the Geneva Red Cross Conventions of 1949, in order to protect further the victims of international and non-international conflicts respectively; it was also to consider proposals directed to the humanization of methods of warfare, including the prohibition or restriction of conventional weapons considered to be purely indiscriminate or likely to cause an amount of suffering disproportionate to the purpose of the armed conflict.

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Protecting the Environment from the Perspective of the Law of Armed Conflict

International Community Law Review ◽

10.1163/18719732-12341475 ◽

2021 ◽

Vol 23 (2-3) ◽

pp. 252-260

Author(s):

Bartłomiej Krzan

Keyword(s):

Climate Change ◽

Armed Conflict ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Normative Framework ◽

Law Of Armed Conflict ◽

The Law

Abstract The present study analyses climate change from the perspective of the law of armed conflict. Climate may be both a victim and a means of warfare. Arguably, the existing normative framework is broad enough to allow for accommodating climate change. It cannot be denied that the environment is easily harmed, or at least jeopardized in times of armed conflicts. Despite the obvious lack of explicit references in the instruments of international humanitarian law, it may be argued that it is possible to fit climate change in. The accompanying analysis addresses the respective potential and the ensuing hurdles.

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18 The Law of Neutrality

The Handbook of International Humanitarian Law ◽

10.1093/law/9780198847960.003.0018 ◽

2021 ◽

Author(s):

Bothe Michael

Keyword(s):

Armed Conflict ◽

Armed Conflicts ◽

The Other ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Neutral State ◽

The Will ◽

The Law ◽

The Right ◽

The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

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