scholarly journals Legal principles and mechanism in relation to missing persons in SFRY and AP KiM

2021 ◽  
Vol 18 (2) ◽  
pp. 113-126
Author(s):  
Igor Vukonjanski ◽  
Darko Obradović
Keyword(s):  
Regional Cooperation ◽  
Family Members ◽  
Legal Framework ◽  
Complex Problem ◽  
Precise Determination ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Political Issue ◽  
Missing Persons ◽  
The Right

Resolving the issue of missing persons in the former SFRY, including cases of disappearances and abductions in Kosovo and Metohia, is an important humanitarian and political issue. The process of reconciliation is based on the building of multiethnic societies democracy, the rule of law and tolerance in the region largely depend on solving this complex problem. At the same time, it is the obligation of the competent authorities towards the families of missing persons who have the right to know the truth about the fate of their loved ones. As the solution of the problem of missing persons should be approached primarily as humanitarian law, it was noticed that from the very beginning of this process there is a high degree of politicization. Although the need to find out the truth about the fate of persons who disappeared during the armed conflicts is expressed primarily among their family members, and then sporadically appears on the agenda of meetings of statesmen in the region, in reality there are real obstacles to the search for missing persons. These obstacles range from insufficient capacity of state bodies involved in the search for missing persons, insufficient financial resources, to a lack of political will to improve regional cooperation and a determination to make the search for missing persons more efficient. As a consequence of the described situation, it is evident that the process is slowing down and giving priority to activities on the ethnic rather than humanitarian principle, which would enable this problem to be solved to approximately the same scope and dynamics in the entire region. Also, an insufficient degree of cooperation and openness in the exchange of information between participants in the process and cooperation for the necessary planning and synchronization of activities and the most precise determination of the dynamics in the process of exhumations and identifications in the region was noticed. Therefore, the denial of information on abductees and missing persons was characterized as a gross violation of the human rights of their family members. On the other hand, there remains an obligation that all perpetrators of crimes such as kidnappings and other acts of violence against civilians must be brought to justice in accordance with international norms and applicable domestic law. Therefore, the aim of this paper is to show the importance of consistent application of international legal frameworks in the protection of the rights of missing persons and their families, with special reference to the relationship between international and national legal framework for clarifying the fate of missing persons.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

scholarly journals The role of international humanitarian law in the search for peace: Lessons from Colombia

2021 ◽  
pp. 1-16
Author(s):  
César Rojas-Orozco
Keyword(s):  
Legal Framework ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Peace Agreement ◽  
Peace Negotiations ◽  
State Actors ◽  
The Relationship

Abstract International humanitarian law (IHL) has traditionally been seen as a legal framework regulating armed hostilities, having little to do with peace. However, recent peacemaking and peacebuilding practice has consistently relied on IHL to frame peace efforts, mainly in non-international armed conflicts. This article explores the relationship between IHL and peace, looking at practice in Colombia, where IHL has been used in a creative way as a means to build trust, facilitate peace negotiations and enforce the resulting peace agreement. Looking at this case, the article offers general insights on how IHL can facilitate the end of conflict and reintegration, frame accountability and reparation, and shield peace deals under a framework in which both State and non-State actors can find a common bargaining zone in their search for peace.

scholarly journals South African Private Security Contractors Active in Armed Conflicts: Citizenship, Prosecution and the Right to Work

2017 ◽  
Vol 14 (7) ◽  
pp. 70
Author(s):  
Shannon Bosch ◽  
Marelie Maritz
Keyword(s):  
International Law ◽  
South African ◽  
Global Economy ◽  
Private Security ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
The South ◽  
The Status ◽  
The Right ◽  
Security Contractors

South Africa has adopted two pieces of legislation since 1998 aimed at restricting one of the fastest growing sectors of the global economy: the private security industry. Not only is this legislation completely unique, but it appears wholly at odds with international opinion. In this article we place private security contractors (PSCs) under the microscope of international law, exploring the role they play in armed conflicts, and the status afforded them by international humanitarian law (IHL). We address the issue of prohibited mercenarism, questioning whether PSCs should be categorised as mercenaries. We then shift our focus to the South African legislation and discuss the ambit of its application as compared with international law obligations to outlaw mercenaries. We discuss the likelihood of successful prosecution of PSCs, and the potential penalties that PSCs might face in terms of the South African legislation. Lastly we consider the constitutional challenges which might emerge as this legislation, and a proposed amendment to the South African Citizenship Act threaten the constitutionally protected rights of South African PSCs to practise a profession and enjoy citizenship.

scholarly journals The Right to Life in Armed Conflict

2018 ◽  
Author(s):  
Ian Park
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Right To Life ◽  
Applicable Law ◽  
The Uk ◽  
The Right

The controversy surrounding the applicability of the right to life during armed conflict makes it arguably one of the most divisive and topical issues at the junction of international humanitarian law and international human rights law. Recent litigation has, among other things, prompted the UK government to signal an intention to derogate from Article 2, ECHR, subject to certain caveats, in future armed conflicts. The litigation pursuant to Article 2 is also set to continue as the UK, and many other States with right to life obligations, will continue to use lethal force overseas; thus the significance of the issue will remain unabated. The scope and application of the right to life in armed conflict not only concerns parties to the ECHR; the predominance of coalition military operations in recent years has necessitated that it is essential for all troop-contributing States to understand the legal limitations of those States bound by the ECHR. It is equally important that the UN, NATO, NGOs, and other governments not directly involved in the armed conflict are aware of any States’ right to life obligations. Notwithstanding this, the applicability of the right to life in armed conflict is yet to be fully considered in academic literature. This book aims to close this lacuna and address the issue of the right to life in armed conflict by identifying and analysing the applicable law, citing recent examples of State practice, and offering concrete proposals to ensure that States comply with their right to life obligations.

Unlawful Combatants

2014 ◽  
Author(s):  
Knut Dörmann
Keyword(s):  
United States ◽  
The United States ◽  
Legal Framework ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Legal Situation ◽  
Military Campaign ◽  
Unlawful Combatants

The legal situation of ‘unlawful combatants’ has been one of the most contentious issues in international humanitarian law. It has been addressed in some detail in legal writings following the adoption of the Geneva Conventions of 1949 and then before the 1977 Additional Protocols to the Geneva Conventions were adopted. The United States-led military campaign in Afghanistan, which started in 2001, revived the debate. This chapter examines the debate concerning the legal framework applicable to the possible detainability and targetability of ‘unlawful combatants’. It first considers ‘unlawful combatants’ in the hands of the enemy within the framework of international and non-international armed conflicts. It then discusses the penal prosecution of ‘unlawful combatants’ as well as their status under the rules of the conduct of hostilities. The chapter concludes by looking at the practice in Israel and the United States, the former in reference to the incarceration of unlawful combatants and the latter with respect to the fight against terrorism.

The Military Response to Criminal Violent Extremist Groups: Aligning Use of Force Presumptions with Threat Reality

2014 ◽  
Vol 47 (2) ◽  
pp. 253-283 ◽  
Author(s):  
Geoffrey S Corn ◽  
Tanweer Kaleemullah
Keyword(s):  
Law Enforcement ◽  
Use Of Force ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Significant Advance ◽  
International Humanitarian Law ◽  
Military Force ◽  
Humanitarian Law ◽  
Government Control ◽  
Normal Law

In 1949, the inclusion of Common Article 3 to the four Geneva Conventions represented a significant advance in the regulation of armed hostilities. That article extended international humanitarian law to the realm of non-international armed conflicts. At that time, these conflicts were considered synonymous with intrastate conflicts such as civil wars. While the scope of applicability of Common Article 3 to internal threats and disturbances has witnessed what is arguably a significant evolution since that time, it is unclear whether and when this baseline humanitarian obligation – and the broader customary laws and customs of war applicable to non-international armed conflicts once this article is triggered – are applicable when a state confronts organised criminal gangs who possess a capability to engage in violence and wreak havoc that rivals, if not exceeds, that of traditional insurgent threats.Much of this uncertainty derives from the fact that the response to criminal disturbances appears to have been specifically excluded from situations triggering Common Article 3 when it was adopted in 1949. However, it is unlikely that the drafters of the Conventions at that time anticipated the nature of organised criminal gangs and the destabilising effect these groups have today in many areas of the world. The nature of this threat has resulted in the increasingly common utilisation of regular military forces to restore government control in areas in which they operate. This results in the use of force and the exercise of incapacitation powers that far exceed normal law enforcement response authority. It is therefore the thesis of this article that when the nature of these threats exceeds the normal law enforcement response authority and compels the state to resort to regular military force to restore order, international humanitarian law, or the law of armed conflict, provides the only viable legal regulatory framework for such operations. However, it is also the view of the authors that the risk of excess of authority inherent in this legal framework necessitates a carefully tailored package of rules of engagement to mitigate the risk that the effort to restore order will result in the unjustified deprivation of life, liberty and property.

The right to life in armed conflict: does international humanitarian law provide all the answers?

2006 ◽  
Vol 88 (864) ◽  
pp. 881-904 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The Law ◽  
The Right

AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right to life is suitable to supplement the rules of international humanitarian law relating to the use of force for non-international conflicts and occupation, as well as the law relating to civilians taking a “direct part in hostilities”. Finally, by making reference to the traditional prohibition of assassination, the author concludes that the application of human rights law in these situations would not undermine the spirit of international humanitarian law.

scholarly journals Safeguarding Civilian Internet Access During Armed Conflict: Protecting Humanity’s Most Important Resource in War

2021 ◽  
Vol 22 (1) ◽  
pp. 127-180
Author(s):  
Todd Emerson Hutchins
Keyword(s):  
Modern Society ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Internet Connectivity ◽  
Digital World ◽  
Physical Internet ◽  
The Right

A recent spate of governmental shutdowns of the civilian internet in a broad range of violent contexts, from uprisings in Hong Kong and Iraq to armed conflicts in Ethiopia, Kashmir, Myanmar, and Yemen, suggests civilian internet blackouts are the ‘new normal.’ Given the vital and expanding role of internet connectivity in modern society, and the emergence of artificial intelligence, internet shutdowns raise important questions regarding their legality under intentional law. This article considers whether the existing international humanitarian law provides adequate protection for civilian internet connectivity and infrastructure during armed conflicts. Concluding that current safeguards are insufficient, this article proposes a new legal paradigm with special protections for physical internet infrastructure and the right of civilian access, while advocating the adoption of emblems (such as the Red Cross or Blue Shield) in the digital world to protect vital humanitarian communications.

Women, Armed Conflicts, and Violence

2018 ◽  
pp. 472-494
Author(s):  
Rajamanickam Srinivasan
Keyword(s):  
Legal Framework ◽  
Point Of View ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Specific Effects ◽  
Conflict Situations ◽  
The Holocaust ◽  
Peace And Conflict ◽  
Gender Specific

Women, peace, and conflict have remained in focus ever since the end of the Holocaust days. UN Platform for Action 1995 recognized that women are specifically affected by armed conflict because of their unequal status in society and their sex. When the intent is to destroy a culture, women are selectively targeted to symbolize superiority, and induce humiliation in defeated men. Apart from the gender specific effects on women, armed conflicts impose severe strain on economy. It is evident that protecting women during conflict situations therefore makes sound economic sense, apart from the humanitarian obligation that it invites. In this backdrop, this chapter examines the provisions of international humanitarian law and India's domestic legal instruments from the point of view of their brief contents and intents. It sums up the examination of legal framework by advocating social awareness and societal subscription to practice what is preached.

States' obligations to mitigate the direct and indirect health consequences of non-international armed conflicts: complementarity of IHL and the right to health

2013 ◽  
Vol 95 (889) ◽  
pp. 129-165
Author(s):  
Amrei Müller
Keyword(s):  
Right To Health ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Health Consequences ◽  
Mortality And Morbidity ◽  
Endemic Diseases ◽  
Historical Origin ◽  
The Right

AbstractArmed conflicts have numerous adverse health consequences for the affected populations, many of which occur in the long-term. This article analyses in detail how international humanitarian law (IHL) and the right to health complement each other in obliging states to mitigate the direct and indirect health consequences of non-international armed conflicts. With its historical origin and purpose of protecting wounded and sick combatants of standing governmental armies, IHL focuses on the protection of the wounded and sick suffering from the direct health consequences of armed conflicts, such as injuries resulting from ongoing hostilities. The right to health is more expansive: it obliges states to prioritise the provision of primary health care through creating and maintaining an accessible basic health system. This focus enables it to highlight and address the indirect health consequences of armed conflicts, such as the spreading of epidemic and endemic diseases and rising child and maternal mortality and morbidity.

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