{"title":"The Practical Reality and Efficacy of International Humanitarian Law: Some Reflections","authors":"Christopher Greenwood","doi":"10.1163/18781527-bja10064","DOIUrl":null,"url":null,"abstract":"\nThis article considers certain aspects of the reality and efficacy of ihl. It looks at problems concerning the scope of ihl, including the question of what constitutes an armed conflict, the difficulties of disentangling international and non-international elements in some armed conflicts and debates about the application of ihl in United Nations peacekeeping. The article also examines whether ihl has acquired detail at the expense of practicality and calls for training of military personnel aimed at the development of a humanitarian reflex. It discusses the relationship between ihl and human rights law. Finally, it considers some of the problems in securing compliance with ihl.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Humanitarian Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18781527-bja10064","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
This article considers certain aspects of the reality and efficacy of ihl. It looks at problems concerning the scope of ihl, including the question of what constitutes an armed conflict, the difficulties of disentangling international and non-international elements in some armed conflicts and debates about the application of ihl in United Nations peacekeeping. The article also examines whether ihl has acquired detail at the expense of practicality and calls for training of military personnel aimed at the development of a humanitarian reflex. It discusses the relationship between ihl and human rights law. Finally, it considers some of the problems in securing compliance with ihl.
期刊介绍:
The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.