scholarly journals Women Suffering During Armed Conflict In Pakistan

2020 ◽  
Vol 20 (2) ◽  
pp. 159-176
Author(s):  
Tahreem Farrukh ◽  
Ghous Muhammad ◽  
Farrukh Naseem Qureshi
Keyword(s):  
Armed Conflict ◽  
Sexually Abused ◽  
Economic Loss ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public Health Organization ◽  
Foreign Tourism ◽  
Women And Children ◽  
Health Organization ◽  
Gender Specific

The article is on international humanitarian law (IHL) and is a selective examination of the situation of armed conflict in a context to gender specific crime most relevant to Pakistan. Pakistan remains engage in multiple and overlapping conflicts since decades. It started from Afghanistan and since then Pakistan faces heavy losses in term of human and economic loss both. Pakistan has been tremendously damaged from inside, the trade and businesses, investments, shifting downs of the imports and exports and lack of foreign tourism, all of this had created a chaos in the country. This article talks about the impacts of armed conflict on women. Other most traumatic impacts happen when women are sexually abused and children enlisted as child soldier, women and children become displaced refugee, and public health organization, are lacking or inaccessible.

Regulating explosive remnants of war

2002 ◽  
Vol 5 ◽  
pp. 360-374 ◽  
Author(s):  
Louis Maresca
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Large Numbers ◽  
Women And Children ◽  
Explosive Remnants Of War ◽  
Antipersonnel Mines ◽  
Socioeconomic Consequences ◽  
The Impact

There have been significant developments in recent years in the efforts to reduce the death, injury and suffering caused by anti-personnel landmines. These weapons are regarded as one of the major threats to civilians once an armed conflict has ended. Anti-personnel mines have killed and injured large numbers of men, women and children and slowed the rebuilding of war-affected countries. The longterm and indiscriminate effects of these weapons led to the adoption in 1997 of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction.Anti-personnel mines, however, are one part of a broader problem. Modern armed conflict leaves behind a wide array of explosive ordnance which, like antipersonnel mines, causes large numbers of civilian casualties and has severe socioeconomic consequences for years, and sometimes for decades, after the hostilities end. Until recently, international humanitarian law contained very few requirements to lessen the impact of these ‘explosive remnants of war’ (ERW).

Part I: Conclusion

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Eighteenth Century ◽  
Civil War ◽  
Basic Principle ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Laws Of War ◽  
Connected Group ◽  
The Individual ◽  
Contemporary Practice

Analysing the development of the concept of non-state parties to an armed conflict from the writings of philosophers in the eighteenth century through international humanitarian law (IHL) treaty law to contemporary practice, three threads can be identified. First, as pointed out by Rousseau almost two and a half centuries ago, one basic principle underlying the laws of war is that war is not a relation between men but between entities. Accordingly, the lawful objective of parties cannot be to harm opponents as individuals but only to overcome the entity for which the individual fights. This necessitates that any party to an armed conflict is a collective, organized entity and not a loosely connected group of individuals. Second, de Vattel already stressed that civil war is fought between two parties who ‘acknowledge no common judge’ and have no ‘common superior’ on earth....

Insufficient Knowledge in Kunduz: The Precautionary Principle and International Humanitarian Law

2020 ◽  
Vol 25 (1) ◽  
pp. 53-79
Author(s):  
Emma J Marchant
Keyword(s):  
Precautionary Principle ◽  
Armed Conflict ◽  
Federal Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Precautionary Principle ◽  
Lack Of Information ◽  
Operational Application ◽  
Federal Court Of Justice ◽  
Insufficient Knowledge

Abstract The targeting protocols applied by forces during armed conflict are some of the most secretive documents held by any military. However, their role in applying principles of international humanitarian law (IHL) means that they are key to understanding their development. This piece is primarily concerned with practical and operational application of the precautionary principle under IHL; how much knowledge is sufficient to carry out an attack lawfully during modern armed conflict. In order to establish if a standard has developed with the increase in intelligence, surveillance and reconnaissance technology, this piece uses the framework of an investigation into an incident in Kunduz, Afghanistan in 2009. I explore the difficulties of obtaining information post-incident, the differential standards expected by North Atlantic Treaty Organization (NATO) and the Bundesgerichtshof (German Federal Court of Justice), and the manner in which these can be evaluated through the principles of proportionality, distinction and precautions in attack. The piece looks at the interrelated issues raised by the Rules of Engagement and Tactical Directives, as well as the problems surrounding the clarity of intelligence available. I argue that this case is demonstrative of the failings inherent in the application and practical use of the precautionary principle outlined by IHL. The lack of transparency afforded in, and after, incidents of this nature prevents objective analysis and so the development of IHL can be obfuscated. I conclude that the lack of information following incidents of this kind confuses any intelligence standard that exists under IHL.

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

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.

Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence

2018 ◽  
Vol 100 (907-909) ◽  
pp. 237-265
Author(s):  
Alon Margalit
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Blind Spot ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Important Progress

AbstractThis article draws attention to the situation of LGBT persons during armed conflict. Subjected to violence and discrimination outside the context of armed conflict, the latter aggravates their vulnerability and exposure to various abuses. Despite important progress made with respect to their protection under human rights law, a similar effort is largely absent from the international humanitarian law discourse. This article accordingly highlights some of the norms and challenges pertaining to the protection of LGBT persons in time of war.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

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)

INTERNATIONAL CONFLICTS IN CAMBODIA AND AFGHANISTAN

2021 ◽  
Author(s):  
Subira Onwudiwe
Keyword(s):  
Civil War ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conflicts ◽  
Civil Conflicts ◽  
Foreign Intervention

A civil war marked by the intervention of foreign military troops is known as an internationalized non-international armed conflict.' This type of armed conflict happens often and presents a number of issues of concern to international lawyers. The scope of this article is confined to the application of international humanitarian law in such circumstances, and it does not address the validity of foreign involvement in a civil war. In civil conflicts involving foreign intervention, the sides seldom agree on the facts or their interpretation. As a result, this article is dependent on certain factual assumptions, assumptions for which evidence cannot always be provided.

International Humanitarian Law and Human Rights Law

1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Affairs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The United Nations

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

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