Drone warfare and International Humanitarian Law: the U.S., the I.C.R.C., and the contest over the global legal order

2021 ◽  
pp. 156-172
Author(s):  
Arturo Jimenez-Bacardi
Keyword(s):  
Legal Order ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Drone Warfare ◽  
The U.S

scholarly journals Issuing Several Pardons, President Trump Intervenes in Proceedings of U.S. Troops Charged or Convicted of Acts Amounting to War Crimes

2020 ◽  
Vol 114 (2) ◽  
pp. 307-312
Keyword(s):  
War Crimes ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Military ◽  
The U.S

On November 15, 2019, President Trump pardoned or otherwise removed punishments for three members of the military—Lieutenant Clint Lorance, Major Mathew Golsteyn, and Chief Petty Officer Edward Gallagher—who had been found to commit, or had allegedly committed, criminal acts abroad that amounted to war crimes. These actions follow Trump's May 2019 pardon of First Lieutenant Michael Behenna, who had been found guilty of murdering a detainee in Iraq. These intrusions into military proceedings were an unusual use of the president's pardon power and have raised concerns about the U.S. commitment to international humanitarian law.

Legal Issues in the “War on Terrorism” – Reflecting on the Conversation Between Silja N.U. Voneky and John Bellinger

2008 ◽  
Vol 9 (5) ◽  
pp. 711-736 ◽  
Author(s):  
Gabor Rona
Keyword(s):  
Armed Conflict ◽  
Legal Issues ◽  
Al Qaeda ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
War On Terrorism ◽  
Prisoner Of War ◽  
Law Of Armed Conflict ◽  
The Difference ◽  
The U.S

It is an irony of our times. The 9/11 attacks catapulted international humanitarian law (IHL) – otherwise known as the “laws of war” or the “law of armed conflict” – into popular conversation as never before. Who ever heard of Common Article 3 before the U.S. invasion of Afghanistan? Can anyone recall arguing about the criteria for prisoner of war status before the Taliban and al Qaeda? Was anyone parsing the difference between civilian trials, courts martial and military commissions before Abu Ghraib and Guantanamo?

Promoting Access to Health Care in ‘Other Situations of Violence’

2014 ◽  
Vol 5 (1-2) ◽  
pp. 105-129 ◽  
Author(s):  
Eve Massingham ◽  
Kelisiana Thynne
Keyword(s):  
Health Care ◽  
Armed Conflict ◽  
Access To Health Care ◽  
Authoritarian Regimes ◽  
Legal Order ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Access To Health

In the last ten years or so, the international community has seen an increase in the suppression of revolutionaries or insurrectionists by authoritarian regimes. There has also been a growing urbanisation of violence, in which gangs infiltrate urban societies due to a lack of provision of State services. This landscape of violence continually morphs from one dominated by armed conflicts (to which international humanitarian law (ihl) applies) to one that increasingly involves ‘other situations of violence’ which fall short of the threshold of armed conflict (and which are not regulated by ihl). These ‘other situations of violence’, whilst wildly disparate in many ways, share the tragedy (also shared with armed conflict) of the impediments they place on access to health care by those left vulnerable as a result of the breakdown of domestic legal order. This paper reviews existing laws and principles, which could apply to ‘other situations of violence’ such as those found in ihl and human rights law. It makes the case that an international framework could have a stronger presence in the regulation of ‘other situations of violence’, in order to ensure the protection of those who need it most.

Narrative Contingency and International Humanitarian Law

2021 ◽  
pp. 351-369
Author(s):  
Amanda Alexander
Keyword(s):  
Science Fiction ◽  
Distinct Type ◽  
Legal Order ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Theoretical Frameworks ◽  
Narrative History ◽  
The Law ◽  
Western Perspective

This chapter will argue that international humanitarian law (IHL) is embedded in narratives that shape its history and meaning. Some international lawyers have argued that these narrative possibilities are necessarily constrained by a Western perspective that limits the potential of the law. Indeed, theories of narrative history consider that the possibilities of any narrative history are limited by prevailing tropes and can only relate a humanist story of ‘man’s’ encounter with the legal order. Nevertheless, alternative aesthetic and theoretical frameworks are beginning to emerge that could facilitate new ways of understanding IHL. Remembrance of Earth’s Past, a science fiction trilogy by Chinese writer Cixin Liu, provides an opportunity to explore a strikingly different vision of law, crimes against humanity, and the very notion of humanity. It suggests how narratives that draw on non-Western, non-anthropocentric ethics might underpin a distinct type of law.

The Internal Legal Order of the European Union as a Complementary Framework for its Obligations under IHL

2009 ◽  
Vol 42 (01) ◽  
pp. 168-205 ◽  
Author(s):  
Valentina Falco
Keyword(s):  
European Union ◽  
Prima Facie ◽  
Legal Order ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Military Operations ◽  
European Security ◽  
Secondary Sources ◽  
The Eu

When exploring the sources of International Humanitarian Law (IHL) obligations of multinational peacekeeping forces, legal scholars have thus far focused mainly on the UN (and, to a lesser extent, NATO), whilst other organizations have remained largely in the shadows. Whereas the UN Secretary-General's Bulletin on the Observance by UN Forces of International Humanitarian Law has been widely debated and extensively investigated, little or no attention has been paid to self-regulatory solutions adopted by other international and regional organizations.This Article focuses on the European Union (EU), holding that this regional organization—by virtue of its sui generis nature and of its increasing engagement in the field of crisis management—can be regarded as one of the most interesting newcomers to the realm of jus in bello. More specifically, it looks at the EU's internal legal order with a view to verifying whether and to what extent it may complement customary IHL in regulating the conduct of the EU as a military actor. The Article surveys the primary and secondary sources of EU legislation which may prima facie spell out obligations for the EU-led troops engaged in European Security and Defence Policy military operations. Finally, the Article seeks to draw some broader conclusions on the nature of the relationship between EU law and IHL, as well as on the complementarity and inherent normative value of their sources.

International Humanitarian Law

2020 ◽  
Author(s):  
Emily Crawford ◽  
Alison Pert
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law

Using African Truth and Reconciliation Commission documentation for truth telling and reconciliation

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Reconciliation Process

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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