scholarly journals Manufacturing “Terrorists”: Refugees, National Security, and Canadian Law

Refuge ◽  
2000 ◽  
pp. 54-73 ◽  
Author(s):  
Sharryn J. Aiken
Keyword(s):  
National Security ◽  
Immigration Law ◽  
International Humanitarian Law ◽  
Refugee Policy ◽  
Humanitarian Law ◽  
Current Policy ◽  
Canadian Law ◽  
Canadian Immigration ◽  
The Impact

In the first part of a two-part article, the author critically evaluates the anti-terrorism provisions of Canada’s Immigration Act. The impact of these provisions on refugees is the focus of the essay, but her observations are relevant to the situation of other categories of non-citizens as well. The inquiry begins by considering international efforts to address “terrorism,” the relevance of international humanitarian law to an assessment of acts of “terror,” and the nature of contemporary discourse on “terrorism.” Next, the evolution of the current admissibility provisions in Canadian immigration law, with particular reference to refugee policy and national security, is reviewed. A brief discussion of current policy directions concludes part 1.

scholarly journals Manufacturing “Terrorists”: Refugees, National Security and Canadian - Part 2

Refuge ◽  
2001 ◽  
pp. 116-133
Author(s):  
Sharryn J. Aiken
Keyword(s):  
National Security ◽  
Critical Appraisal ◽  
Federal Court ◽  
International Humanitarian Law ◽  
Primary Concern ◽  
Security Threats ◽  
Humanitarian Law ◽  
Depth Analysis ◽  
Canadian Immigration ◽  
The Impact

The overarching objective of this paper is to provide a critical appraisal of the anti-terrorism provisions of Canada’s Immigration Act. The impact of these measures on refugees is the primary concern of this inquiry, but the author’s observations are relevant to the situation of other categories of non-citizens as well. Part 1 of the essay, published in the previous issue of Refuge, began by considering international efforts to address “terrorism,” the relevance of international humanitarian law to an assessment of acts of “terror,” and the nature of contemporary discourse on terrorism. The evolution of the current “admissibility” provisions in Canadian immigration law was examined with particular reference to national security threats and “terrorism.” In part 2, the author focuses on the role played by Canada’s Federal Court in legitimizing the national security scheme. The tensions in the current jurisprudence are considered with a more in-depth analysis of Suresh v. Minister of Citizenship and Immigration, a case pending before the Canadian Supreme Court. The paper concludes with suggestions for restoring human rights for refugees while safeguarding a genuine public interest in security.

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)

THE IMPACT OF GLOBAL SECURITY ASSURANCE ON THE SOCIO-POLITICAL MODERNIZATION OF THE REPUBLIC OF MOLDOVA

Moldoscopie ◽  
2021 ◽  
pp. 54-59
Author(s):  
Serghei Sprincean ◽  
◽  
Ghenadie Mitrofanov ◽  
Keyword(s):  
National Security ◽  
Banking System ◽  
Humanitarian Law ◽  
Global Security ◽  
Republic Of Moldova ◽  
Military Presence ◽  
Political Modernization ◽  
Global Nature ◽  
The Republic ◽  
The Impact

Global security, as a concept, has developed on the basis of international legislation on the national security of states, but also on international humanitarian law, which focus on the protection of global harmony and sustainable development. The national and international political system, in the phase of overcoming crises, in correlation with the challenges and threats to global security, acquires new valences and functions, given that international bodies, supported by national state structures, are forced to face the intensification of evolution. alignment of the world balance. As current threats of a global nature, but manifested locally and in connection with the national security of the Republic of Moldova were identified as: poverty, economic underdevelopment and energy dependence, transnistrian conflict, tensions in the area and foreign military presence, external coercion, the criminogenic factor, corruption, the demographic problem and the exacerbation of the migration phenomenon, population health, natural disasters, environmental pollution, technogenic accidents, information insecurity, instability of the financial-banking system.

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.

Sources of International Humanitarian Law and International Criminal Law

2018 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
The Impact

This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attention is given particularly to the Rome Statute of the International Criminal Court and the impact of its features on other ICL sources, as well as to the commitments made by armed groups, whose characteristics make them difficult to classify under any of the classical sources of international law. In general, this chapter shows how all those specific features derive from the specific fundamental principles and evolving concerns of these two fields of international law.

Respect for international humanitarian law by armed non-state actors in Africa

2006 ◽  
Vol 88 (864) ◽  
pp. 905-924 ◽  
Author(s):  
Churchill Ewumbue-Monono
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Organizations ◽  
State Actors ◽  
The Impact

AbstractThis report presents the instruments and strategies used by non-state actors to respect international humanitarian law during intra-state conflicts in Africa and highlights the recognition by these non-state actors of the role of humanitarian organizations. It examines the impact of such recognition on the development of international humanitarian law and the activities of humanitarian organizations, and shows the problems encountered by non-state actors with respect to their commitments. It concludes with some suggestions as to a way forward.

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>

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>

Justified: Just War and the Ethics of Violence and World Order

2021 ◽  
pp. 435-448
Author(s):  
Chris Brown
Keyword(s):  
International Law ◽  
Just War ◽  
World Order ◽  
Frame Of Reference ◽  
Theory And Practice ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Just War Tradition ◽  
The Individual ◽  
The Impact

This volume’s final Part VII on the impact of legal claims in war discourses is introduced by Chris Brown. In this chapter, he fundamentally questions the relevance of international law as a frame of reference for the justification and limitation of war. Brown turns our attention back to just war which we have discussed earlier in this volume (ch. 2 by Anthony Lang, Jr): Brown argues that, properly understood, the just war tradition can be defended against most of its critics, the exceptions being those Clausewitzian realists and Gandhian pacifists who refuse to make the kind of discriminations upon which the tradition is based. More problematic are some of the newer friends of the tradition, analytical political theorists who reject its praxis-oriented dimension, and focus on the rights and responsibilities of individuals, discounting the importance of collectivities. These writers are, in some respects, closer to the medieval tradition than are defenders of contemporary international humanitarian law, but their reliance on the ability of philosophers to decide matters of justice leads to a dogmatism uncharacteristic of the just war tradition, and their emphasis on the individual undermines the link between theory and practice. This chapter defends a traditional, albeit post-Christian, reading of the notion of justified war against both its overt opponents and its supposed friends.

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