Journal of International Humanitarian Legal Studies最新文献_第7页

Natia Kalandarishvili-Mueller, Occupation and Control in International Humanitarian Law 纳蒂亚·卡兰达里什维利·穆勒，国际人道主义法中的占领和控制

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-12-01 DOI: 10.1163/18781527-bja10040

Stefano D’Aloia

引用次数: 0

It’s a Trap! Re-Thinking Samuel Moyn’s Humane Beyond the North Atlantic 这是个陷阱！对塞缪尔·莫因《北大西洋之外的人性》的再思考

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-11-29 DOI: 10.1163/18781527-bja10039

Alonso Gurmendi Dunkelberg

引用次数: 0

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-11-29 DOI: 10.1163/18781527-bja10038

Remzije Istrefi, Arben Hajrullahu

{"title":"Conflict-Related Sexual Violence in Kosovo and Lessons to be Learned from the International Criminal Tribunal for the former Yugoslavia","authors":"Remzije Istrefi, Arben Hajrullahu","doi":"10.1163/18781527-bja10038","DOIUrl":"https://doi.org/10.1163/18781527-bja10038","url":null,"abstract":"\u0000This article examines challenges in seeking justice for Conflict-Related Sexual Violence (crsv) survivors in Kosovo. It analyses the roles and responsibilities of international missions and how deficiencies impact the prosecution and adjudication of crsv by Kosovo’s justice system. A key question is why two decades after the 1998–1999 war in Kosovo survivors of crsv cannot find justice? The end of the international mandates, the large number of war crime cases transferred, unfinished files, and the necessity for specific expertise in handling the gender-based violence are some of the existing challenges which undermine the prosecution and adjudication of crsv in Kosovo. The International Criminal Tribunal for the former Yugoslavia (icty) established accountability for sexual violence in armed conflicts. This article seeks to scaffold the icty experience by developing an accurate and comprehensive understanding of the nature of crsv and by examining its impact on survivors and victims’ alike. This paper then explores how a contexualist interpretation of international and domestic criminal law provisions can prioritise the prosecution of crsv amid other pressing needs in Kosovo.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49034661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Protecting the Environment During and After Armed Conflict, the International Law Commission and an Overdue Due Diligence Duty for Corporations 武装冲突期间和之后的环境保护、国际法委员会和公司逾期尽职调查义务

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-11-09 DOI: 10.1163/18781527-bja10037

Alexandra Wormald

引用次数: 2

Taking Care Against the Computer 小心电脑

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-10-26 DOI: 10.1163/18781527-bja10036

S. McKenzie, Eve Massingham

{"title":"Taking Care Against the Computer","authors":"S. McKenzie, Eve Massingham","doi":"10.1163/18781527-bja10036","DOIUrl":"https://doi.org/10.1163/18781527-bja10036","url":null,"abstract":"\u0000The obligations of international humanitarian law are not limited to the attacker; the defender is also required to take steps to protect civilians from harm. The requirement to take precautions against the effects of attack requires the defender to minimize the risk that civilians and civilian objects will be harmed by enemy military operations. At its most basic, it obliges defenders to locate military installations away from civilians. Furthermore, where appropriate, the status of objects should be clearly marked. It is – somewhat counterintuitively – about making it easier for the attacker to select lawful targets by making visible the distinction between civilian objects and military objectives.\u0000The increasing importance of digital infrastructure to modern life may make complying with these precautionary obligations more complicated. Maintaining separation between military and civilian networks is challenging as both operate using at least some of the same infrastructure, relying on the same cables, systems, and electromagnetic spectrum. In addition, the speed at which operations against digital infrastructure can occur increases the difficulty of complying with the obligation – particularly if such operations involve a degree of automation or the use of artificial intelligence (ai).\u0000This paper sets out the source and extent of the obligation to take precautions against hostile military operations and considers how they might apply to digital infrastructure. As well as clarifying the extent of the obligation, it applies the obligation to take precautions against hostile military operations to digital infrastructure, giving examples of where systems designers are taking these obligations into account, and other examples of where they must.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48083438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Seeking ‘Truth’ After Devastating, Multi-Layered Conflict 在毁灭性的、多层次的冲突之后寻求“真相”

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-10-11 DOI: 10.1163/18781527-bja10035

Owiso Owiso

引用次数: 0

Jérôme de Hemptinne, Les conflits armés en mutation Jérôme de Hemptinne，《武装冲突的变化》

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-09-21 DOI: 10.1163/18781527-bja10034

Aurélien Godefroy

引用次数: 0

Humanitarian Law Compliance 遵守人道主义法

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-09-17 DOI: 10.1163/18781527-BJA10032

R. Alley

{"title":"Humanitarian Law Compliance","authors":"R. Alley","doi":"10.1163/18781527-BJA10032","DOIUrl":"https://doi.org/10.1163/18781527-BJA10032","url":null,"abstract":"\u0000 Ensuring humanitarian law compliance and repression of its violations receives constant reiteration but to mixed effect. While international judicial, jurisprudential and investigatory modalities have advanced, requisite State level competencies exhibit marked variability. This paper devotes most attention to disadvantaged States – those that, for whatever reason, lack the judicial, institutional or administrative capacity to ensure humanitarian law compliance and repression of its violations. Here a profile of 46 States is selected for review, 20 of which are identified as impacted by previous or continuing forms of armed conflict. Data from the World Justice Project’s 2020 Rule of Law Index is utilised. Chosen indicators assess individual State legislative, judicial, due process, and criminal investigatory capacities as perceived and recorded by local publics and individual experts. A comparative evaluation of this data reveals differences within profiles of disadvantaged States. They are investigated to better comprehend humanitarian law compliance challenges facing such States. They include international cooperation, utilisation of amnesties, and the conduct of armed non-state actors. The paper’s central thesis is that humanitarian law compliance, and repression of its violations, remains inadequate without remediation of the capacity impediments evident in disadvantaged States.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46350733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Giovanni Mantilla, Lawmaking Under Pressure: International Humanitarian Law and Internal Armed Conflict 压力下的立法:国际人道法与国内武装冲突

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-09-09 DOI: 10.1163/18781527-BJA10033

D. Matyas

引用次数: 4

‘Guilty of Having Been Obedient’ “因听话而有罪”

IF 0.9

Journal of International Humanitarian Legal Studies Pub Date : 2021-06-17 DOI: 10.1163/18781527-bja10031

E. Owusu

{"title":"‘Guilty of Having Been Obedient’","authors":"E. Owusu","doi":"10.1163/18781527-bja10031","DOIUrl":"https://doi.org/10.1163/18781527-bja10031","url":null,"abstract":"\u0000One of the most debated subjects among academics and experts in the fields of International Humanitarian Law and International Criminal Law is the principle of individual criminal responsibility for war crimes. Even more contentious is that aspect of the principle relating to crimes committed under superior orders – a legal strategy employed by many defendants at the Nuremberg war crimes trials. This paper contributes to the debate by establishing the extent to which Article 33 of the Rome Statute, which adopts the conditional liability approach, is justified. The article achieves its objective by critically discussing the subject from a combination of legal, psychological and moral philosophical perspectives. It presents a historical account of the superior orders defence, highlighting how two conflicting liability doctrines, absolute liability and conditional liability, have traditionally been applied by the courts, and taking a stance in favour of the latter. The article, however, underlines some pressing questions that Article 33 raises. It offers a brief exegesis of the emotion of fear to show how it may destroy voluntariness, arguing that as a modifier of voluntariness, grave fear, in certain circumstances, should exculpate perpetrators in claims of crime under superior orders, even where the orders were manifestly unlawful.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43006432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0