scholarly journals Humanitarian diplomacy

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Lyudmila Perevalova ◽  
Yulia Genkul
Keyword(s):  
International Organizations ◽  
Historical Development ◽  
Humanitarian Aid ◽  
Population Monitoring ◽  
Humanitarian Assistance ◽  
Armed Conflicts ◽  
Vulnerable Groups ◽  
Modern World ◽  
Main Body ◽  
Humanitarian Law

Problem setting. Ensuring constant access to humanitarian aid during military conflicts and complex emergencies has always been an important issue for politicians. Its solution is to guarantee the protection of civilians in times of danger and political instability. The practice of humanitarian negotiations led to the emergence of the concept of humanitarian diplomacy in the early 2000s. It was to persuade community leaders and high-ranking decision-makers to act in the interests of vulnerable populations in accordance with humanitarian principles. Humanitarian diplomacy is carried out by humanitarian actors and includes the organization of a safe presence of humanitarian organizations, access to negotiations with the civilian population, monitoring assistance programs, and respect for international law. The development of humanitarian aspects of diplomacy is linked to the protection of the most vulnerable groups – ethnic and religious minorities, women, children, refugees, victims of armed conflict, terrorism and environmental disasters. An important task facing scholars is to study the nature of diplomacy, the history of its development, as well as modern models and tools. Scholars draw attention to the need to return in international relations to the philosophy of morality and values. In our opinion, it is expedient to define the concept of humanitarian diplomacy, to show the formation and development of humanitarian diplomacy and the institute of humanitarian law, to consider the problems of humanitarian activity in the modern world. Analysis of recent researches and publications. K. Schmitt, H. Arendt, M. Foucault, D. Agamben, D. Butler, ES Gromoglasova, TV Zonova, OF Rusakova studied the strategic dimension of humanitarian diplomacy and humanitarian law in their works. In addition, the famous works of domestic scientists such as VF Antipenko, M. Gnatovsky, V. Gutnik, T. Korotky, A. Talalaev, O. Tiunov, I. Lukashuk, J. Zhukorska and others. Target of research is to define the concept of “humanitarian diplomacy”, analyze the historical development of the concept of humanitarian law and diplomacy, describe the current problems of functioning. Article’s main body. The article examines the prerequisites and features of the formation of humanitarian diplomacy and humanitarian law. The authors try to give a modern definition of “humanitarian diplomacy, analyze the historical development of the concept of international humanitarian law and diplomacy.” The role of international organizations in the implementation of humanitarian aid to vulnerable groups during armed conflicts is highlighted, the current problems of humanitarian diplomacy are described. Conclusions and prospects for the development. Given the above, the authors can conclude that the ways of formation and development of humanitarian diplomacy were quite difficult. Only in the middle of the XIX century were the norms and principles on the basis of which vulnerable groups are protected; the first international legal acts of humanitarian law were adopted; international organizations have sprung up to provide humanitarian assistance to all those in need. In modern conditions, in our opinion, humanitarian diplomacy is becoming a key element in providing assistance to all vulnerable groups, which is provided by many actors, such as states, international organizations, ordinary people and their initiatives.

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.

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.

The role of the international committee of the red cross in resolving international conflicts

2021 ◽  
Vol 28 (3) ◽  
pp. 154-161
Author(s):  
Adel Hamzah Othman
Keyword(s):  
Social Relations ◽  
Technological Development ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
Modern World ◽  
Humanitarian Law ◽  
International Conflicts ◽  
History Of

The relevance of the problem under study lies in the presence of armed conflicts in the international arena and the presence of a diverse abundance of ways to regulate them. The main purpose of this study is to identify the main provisions of international law applicable in international conflicts through the lens of the role of the Committee of the Red Cross in its development. This study covers and thoroughly analyses the history and the main purpose of the origin of the organisation. Furthermore, the study engages in an in-depth examination of the basic tasks and principles of the Committee's activities. As a result of the study, the existing theories of the participation and influence of the Committee in international legal relations will be clearly identified, as well as those theories that have emerged due to innovations in legal thinking and are capable of covering the specific features of the practice and effectiveness of this non-governmental organisation. In addition, the designation of the actual problems of the existence of this organisation, its relevance in the modern world, and the strength of the support of the world society. Among the successes of the scientific analysis of the role of the International Committee of the Red Cross in the development of international humanitarian law applicable in international conflicts is the reasoned hypotheses and confirmed statements of the importance of the Committee, which are described by the features of modernity, relevance, and compliance with the information and technological development of social relations of participants in healthy international relations, their supporters and opponents. This also includes the systematisation of scientific research, their analysis and reasonable refutation. A journey into the history of the emergence of international conflicts, their modification according to the development of social relations, as well as the processes of globalisation, will be the subject of comparative analysis aimed at identifying new methods and ways to avoid them

From humanitarian assistance to “intervention on humanitarian grounds”?

1992 ◽  
Vol 32 (288) ◽  
pp. 228-248 ◽  
Author(s):  
Maurice Torrelli
Keyword(s):  
Humanitarian Assistance ◽  
Armed Conflicts ◽  
Red Cross ◽  
Voluntary Organizations ◽  
Humanitarian Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Government ◽  
The Individual ◽  
Sanitary Conditions

While States ever more ardently defend their sovereignty, which does little to improve international cooperation, and as the application of humanitarian law in armed conflicts declines, men of good will throughout the world are doing their utmost to reverse these trends. The century now drawing to a close has witnessed a plethora of private initiatives taken in an effort to temper reasons of State by more humane considerations. Many non-governmental organizations, some symbolically styling themselves “without borders”, have taken over where governments can no longer cope, organizing relief, combating drought, preserving the environment or improving sanitary conditions. These voluntary organizations whose vocation is to serve mankind are without question pursuing humanitarian aims as defined in the first Red Cross principle, which is “to prevent and alleviate human suffering wherever it may be found”, and whose “purpose is to protect life and health and to ensure respect for the human being”. Emergency medical assistance organizations, stating that they wish to remain independent of the powers that be, demanding freedom of action to help all victims and encouraged by the example set by Henry Dunant and the ICRC, do not hesitate to claim that their activities fall within the terms of an as yet unwritten body of law entitling them to bring assistance to needy civilian communities, even against the will of the government. Indeed, they believe that receiving proper care is one of the basic human rights of the individual, wheresoever and whosoever he may be. Such basic rights know no national boundary. While awaiting recognition of their activities, the duty to intervene is created by moral considerations.

Facilitating humanitarian assistance in international humanitarian and human rights law

2009 ◽  
Vol 91 (874) ◽  
pp. 371-397 ◽  
Author(s):  
Rebecca Barber
Keyword(s):  
Human Rights ◽  
International Law ◽  
Humanitarian Aid ◽  
Humanitarian Assistance ◽  
Armed Conflicts ◽  
International Human Rights Law ◽  
Aid Workers ◽  
Human Rights Law ◽  
Civilian Population ◽  
Customary International Law

AbstractIn 2008, 260 humanitarian aid workers were killed or injured in violent attacks. Such attacks and other restrictions substantially limit the ability of humanitarian aid agencies to provide assistance to those in need, meaning that millions of people around the world are denied the basic food, water, shelter and sanitation necessary for survival. Using the humanitarian crises in Darfur and Somalia as examples, this paper considers the legal obligation of state and non-state actors to consent to and facilitate humanitarian assistance. It is shown that the Geneva Conventions and their Additional Protocols, as well as customary international law, require that states consent to and facilitate humanitarian assistance which is impartial in character and conducted without adverse distinction, where failure to do so may lead to starvation or otherwise threaten the survival of a civilian population. This paper considers whether this obligation has been further expanded by the development of customary international law in recent years, as well as by international human rights law, to the point that states now have an obligation to accept and to facilitate humanitarian assistance in both international and non-international armed conflicts, even where the denial of such assistance does not necessarily threaten the survival of a civilian population.

scholarly journals Assistance to the victims of armed conflicts

1988 ◽  
Vol 28 (267) ◽  
pp. 551-554
Author(s):  
Frits Kalshoven
Keyword(s):  
The Netherlands ◽  
Humanitarian Assistance ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Collège De France ◽  
Keynote Speech ◽  
Save The Children ◽  
The University

From 22 to 24 June 1988, an international conference was held in The Hague, Netherlands, on “Humanitarian Assistance in Armed Conflict”. It was organized by the University of Leiden's Red Cross Chair of International Humanitarian Law, together with the National Red Cross Societies of Belgium (Flemish Community) and The Netherlands.The conference, which was attended by some 180 participants (with Her Royal Highness, Princess Margriet of The Netherlands, as the most distinguished among them) was opened by the Dutch Minister for Development Co-operation, Mr. Pieter Bukman. Professor René Jean Dupuy, professor of International Law at the College de France, Paris, gave the keynote speech at the opening session. Speakers during the three working sessions of the conference included representatives of the ICRC, the League, UNHCR, Médecins sans Frontières, Médecins du Monde, CEBEMO (the Dutch Catholic Organization for Joint Financing of Development Programmes), Save the Children Fund, Oxfam UK, and the academic world.

scholarly journals Problems of Typology of Armed Conflicts in Cyberspace

2021 ◽  
Vol 2 (2) ◽  
pp. 82-103
Author(s):  
Sergey Garkusha-Bozhko
Keyword(s):  
Armed Conflict ◽  
Information Technologies ◽  
Armed Force ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Cyber Attack ◽  
Military Operations ◽  
International Character

The development of information technologies in the modern world affects all spheres of human activity, including the sphere of military activities of states. The current level of development of military information technologies allows us to talk about a new fifth possible theatre of military operations, namely, cyberspace. The Tallinn Manual on International Law Applicable to Cyber Operations, developed in 2013 and updated in 2017 by experts from the NATO States, also confirms the likelihood of armed conflict in cyberspace. It is indisputable fact that cyber operations committed in the context of an armed conflict will be subject to the same rules of International Humanitarian Law that apply to such armed conflict. However, many cyber operations that can be classified as military operations may be committed in peacetime and are common cybercrimes. In such circumstances, it is imperative to distinguish between such cybercrimes and situations of armed conflict in cyberspace. Due to the fact, that there are only two types of armed conflict — international and non-international, this problem of differentiation raises the question of the typology of armed conflicts in relation to cyberspace. The main questions within the typology of cyber armed conflicts are: whether an international armed conflict can start solely as a result of a cyber-attack in the absence of the use of traditional armed force; and how to distinguish between ordinary criminal behaviour of individuals in cyberspace and non-international armed conflict in cyberspace? The purpose of this article is to provide answers to these urgent questions. The author analyses the following criteria that play a role in solving the above problems: criteria for assigning a cyber attack to a state and equating such a cyber-attack with an act of using armed force in a cyber armed conflict of an international character; and criteria for the organization of parties and the intensity of military actions in a non-international cyber armed conflict. Based on the results of this analysis, the author gives relevant suggestions for solving the above issues.

scholarly journals Humanitarian Principles: Laws Protecting Women and Children in Pakistan: A Critical Appraisal

2021 ◽  
Vol 4 (1) ◽  
pp. 169-178
Author(s):  
Saqib Jawad ◽  
Barkat Ali ◽  
Muhammad Hassan
Keyword(s):  
International Law ◽  
Critical Appraisal ◽  
State Level ◽  
Armed Conflicts ◽  
Vulnerable Groups ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Women And Children

The principles which deal humanity are the core values of International Humanitarian Law (IHL) and Human Rights Law (HRL). Both of these codified laws expressly provide utmost protection for rights of women and children suffering war hostilities, armed conflicts and other natural disasters. These vulnerable groups are protected in the behest of International Law as well as Municipal laws. Indeed, it is admitted fact that during such crisis they become most vulnerable subject of the society. In this context, the statutory laws in Pakistan have also been promulgated in consonance with the IHL, HRL and Refugee Law. The main corpus of these rules has been embodied either directly or indirectly in the Constitution of Pakistan, 1973, and as such, International Law have been ratified and thus is provisions are binding on Pakistan. However, it is observed that their applicability is not proper at state level, and as such they could not have provide effective remedies to the children and women in Pakistan. The aim of this research is to analyse critically, the applicability of Municipal Laws concerning with the protection of the rights of women and children in Pakistan, and for this objective, doctrinal research method has been adopted.

Evolving Funding Patterns of Global Programmes and Their Impacts on Governance and Operations

2019 ◽  
pp. 508-528
Author(s):  
Daniele Alesani
Keyword(s):  
Capacity Building ◽  
International Organizations ◽  
Business Models ◽  
Humanitarian Aid ◽  
International Aid ◽  
Humanitarian Assistance ◽  
Identity Change ◽  
Programme Implementation ◽  
Performance Accountability

Macro trends in funding international aid programmes are the focus of this chapter which explains how emerging innovative financing mechanisms are contributing to shape the approach to development themes. The chapter then presents the important issue of donor-led performance accountability, in the context of a significant increase in voluntary and earmarked funding, coupled with significant competition for visibility and resources among international organizations. There are implications related to the shift in role of international organizations and the transition to an ‘indirect’ programme implementation modality, based on capacity building of developmental counterparts and cash-based humanitarian assistance. This identity change requires time and the adaptation of skills and business models. Ways forward and areas for further research are identified in relation to the drivers of collaboration and competition among international aid players. This includes increasing funding and programmatic integration between ‘development’ and ‘humanitarian’ aid and for exploiting the potential of public–private collaboration for innovative and sustainable funding for development.

The Canadian Red Cross Society and the Protocols additional to the Geneva Conventions

1987 ◽  
Vol 27 (259) ◽  
pp. 376-378
Author(s):  
Brian Smith
Keyword(s):  
Armed Conflicts ◽  
Red Cross ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Essential Extensions

The Canadian Red Cross Society has strongly supported the adoption of the Protocols additional to the Geneva Conventions of 12 August 1949 as logical, essential extensions of the Conventions. The Protocols bring the Conventions of 1949 up to date. They make the true application of international humanitarian law (IHL) in armed conflicts relevant, meaningful and possible in the modern world to fulfil its ultimate aim—to provide protection and assistance to all victims of all conflicts.

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