scholarly journals SECURITY STUDIES – SYNTHESIS BETWEEN ACADEMY AND PRACTICE

2014 ◽  
pp. 27-39
Author(s):  
DARKO TRIFUNOVIĆ
Keyword(s):  
Arab Spring ◽  
Security Studies ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Political Movement ◽  
Professional Activities ◽  
Security Education ◽  
Security Discourse ◽  
Law Of Armed Conflict ◽  
The Arab Spring

Modern security studies, facing new challenges, should have a curriculum that provides graduates with the knowledge and skills on the basis of which they can excel in their professional activities. Anyone who influences and/or prepares the security education curriculum should be aware of the true needs of students, so they can apply the acquired knowledge in practice. First of all, the curriculum creators should put themselves in the position of professionals and, in the content of the curriculum, provide answers as to which courses and knowledge would be most useful in the case of major security crises such as wars, various intensity conflicts and massive rebellions, particularly those that have an inner or extra ethnic component or an inner national dimension in a pan-national joint political movement, such as the so-called Arab Spring. The latter encompasses the area of security, discourse in the international humanitarian law, particularly the Law of Armed Conflict and Rules of Engagement, but also the extremely delicate matters of religion, belief, faith, language (separately and all together in a wider sociological context), and above all, the Arab Spring as a social and security phenomenon presenting a unique sample for security studies both at the global and regional level due to the geopolitical trends in past two decades. Sodoben varnostni študij, ki se sooča z vedno novimi izzivi, potrebuje učne načrte, ki diplomantom zagotavljajo znanje in veščine, na podlagi katerih se lahko odlikujejo pri opravljanju svojega poklica. Vsi, ki pripravljajo učne načrte za varnostni študij ali imajo vpliv na njihovo pripravo, se morajo zavedati resničnih potreb študentov, ki morajo pridobljeno znanje uporabiti v praksi. Ustvarjalci učnih načrtov bi se najprej morali postaviti v položaj strokovnjakov in znotraj učnega načrta odgovoriti na vprašanje, kateri predmeti in znanje so najbolj koristni ob večjih varnostnih krizah, kot so vojne, konflikti različnih intenzivnosti in množični upori, zlasti tisti, ki vključujejo notranjo in zunanjo narodnostno komponento ali notranjo nacionalno razsežnost v okviru vsenacionalnega skupnega političnega gibanja, kot je tako imenovana arabska pomlad. Njeno razumevanje zahteva poznavanje področja varnosti, diskurz o mednarodnem humanitarnem pravu, zlasti o pravu oboroženih spopadov in pravilih delovanja, ter o izredno občutljivih vprašanjih vere, prepričanja in jezika (posamično in skupaj v širšem sociološkem kontekstu), predvsem pa je treba arabsko pomlad obravnavati kot družbeni in varnostni pojav, ki zaradi geopolitičnih trendov v zadnjih dveh desetletjih predstavlja enkraten primer za varnostne študije tako na globalni kot na regionalni ravni.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

scholarly journals Instytucjonalizacja współpracy w zakresie grobownictwa wojennego

2015 ◽  
pp. 88-103
Author(s):  
Joanna Szymoniczek
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Public ◽  
Social Organizations ◽  
Law Of Armed Conflict ◽  
The Us ◽  
Special Protection

Resting places of fallen soldiers – war cemeteries – are monuments to soldiers’ heroism, and thus are of special significance not only for those who have lost their loved ones, but also for entire nations, countries and communities. Therefore, such cemeteries are created under the provisions of relevant authorities, and then put under the special protection of the public. These issues are closely regulated by international law established throughout the twentieth century. Cemeteries are protected by the state on whose territory individual objects are placed. However, the problem of cemeteries is more and more often the responsibility of social organizations. According to the international humanitarian law of armed conflict, specific tasks in this respect are assigned to the tracing services of Red Cross and Red Crescent societies, who deal with the registry of exhumation, inhumation and body transfer, hold deposits, establish the fate of victims of war and issue death certificates. Institutions that deal with exploration, keeping records, exhumation of remains and the construction or revaluation of the graves of fallen citizens buried outside the borders of their own countries include the Council for the Protection of Struggle and Martyrdom Sites, the German People’s Union for the Care of War Graves, the Commonwealth War Graves Commission, the Austrian Red Cross (Österreichisches Schwarzes Kreuz), the American Battle Monuments Commission, the US Commission for the Preservation of America’s Heritage Abroad and the Italian Commissariat General for the Memory of Killed in War (Commissariato Generale per le Onoranze Caduti in Guerra). For political reasons, tasks related to war cemeteries are assigned to social organizations, because their actions are believed to be more effective and less bureaucratic than those of states.

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

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.

scholarly journals SYRIA – “THE WAR WITH MULTIPLE PROXIES”. VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS

2021 ◽  
Vol 17 (1) ◽  
pp. 167-178
Author(s):  
Daniela Vetina Ene
Keyword(s):  
Human Rights ◽  
Civil War ◽  
International Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Amnesty International ◽  
Geneva Conventions ◽  
The Arab Spring

The civil war in Syria, triggered by the pro-democracy demonstrations of the "Arab Spring", was a complicated combination of religious, cultural and ethnic-identity contradictions. The non-international conflict was turned into a "battlefield" for foreign powers, which led to the transformation of a civil war into a "war with multiple proxies". The United Nations' efforts to mediate the conflict, based on a six-point plan, remained in the draft phase. Amnesty International and Human Rights Watch have denounced flagrant violations of human rights and international humanitarian law by the al-Assad regime, which has widely used non-discriminatory weapons banned in violation of the Geneva Conventions, 1949. The Bashār al-Assad regime is accused by the international community of being guilty of war crimes and crimes against humanity, but attempts to incriminate it have failed.

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

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.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

National implementation of international humanitarian law. Biannual update on national legislation and case law July–December 2005

2006 ◽  
Vol 88 (861) ◽  
pp. 197-206 ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Forces ◽  
Case Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Training And Education ◽  
National Implementation ◽  
Law Of Armed Conflict ◽  
Training Institutions ◽  
And Training

A. LegislationAfghanistanA. Legislation. Afghanistan. The Order of the Minister of National Defence on the Establishment of a Board of Curriculum on [the integration of] the International Law of Armed Conflict into the Educational and Training Institutions of the National Armed Forces, as well as National Army Units was adopted in July 2005. The Order nominates the members of the Board and defines a number of duties and actions to be undertaken for the training and education of national armed forces in the law of armed conflict. These activities include in particular the preparation of teaching materials, the appointment of instructors, and the proposed establishment of a legal department within the education and training institutions of the Ministry of Defence.

The International Institute of Humanitarian Law (San Remo) and its international military courses on the law of armed conflict

1997 ◽  
Vol 37 (319) ◽  
pp. 451-454
Author(s):  
Giorgio Blais
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Institute ◽  
Humanitarian Law ◽  
Governmental Organization ◽  
Seaside Resort ◽  
Law Of Armed Conflict ◽  
The World ◽  
The Law ◽  
Set Up

There are few institutions in the world which are able to assemble officers from all the countries of the globe, who wear their own uniforms and live and work together for two weeks. One of these is the International Institute of Humanitarian Law in San Remo, Italy.This non-governmental organization was set up in 1970 for the purpose of promoting the dissemination and development of international humanitarian law. The choice of the Italian seaside resort of San Remo was not accidental. It was there that Alfred Nobel spent the last years of his life, and he left all his property to the humanitarian cause. The villa he occupied until his death became the headquarters of the International Institute of Humanitarian Law.

scholarly journals EFEKTIVITAS SANKSI DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA TERHADAP KONFLIK BERSENJATA DI SURIAH

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Teddy Nurcahyawan ◽  
Lauw Wisnu
Keyword(s):  
Civil War ◽  
Middle East ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Arab Spring ◽  
Security Council Resolution ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Step Down

As a soverign state in the Middle East, Syria has received badly effect of Arab Spring revolution. Thousand of students launched demonstration claiming Bashar Al-Assad to step down. In response to it, Bashar Al-Assad attacked the prodemocracy students by arresting and torturing them. This arms conflict has not only brought many civilians as victims of civil war but involved some other foreign states as well. To avoid matters worse, Security Council of United Nations has issued a Resolution Number 2328/2016 to give sanctions affirming Bashar-Assad to have violated international humanitarian law. The question comes up whether or not this resolution could present the effectiveness of the sanctions. This research has revealed that the Security Council Resolution is effective and Syria has complied with it in line with the international law.  

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