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Classifying Non-International Armed Conflicts 非国际性武装冲突的分类
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-12-09 DOI: 10.1163/18781527-bja10011
M. Bradley
{"title":"Classifying Non-International Armed Conflicts","authors":"M. Bradley","doi":"10.1163/18781527-bja10011","DOIUrl":"https://doi.org/10.1163/18781527-bja10011","url":null,"abstract":"\u0000In terms of Additional Protocol ii to the Geneva Conventions ‘territorial control’ is a requirement in order to determine whether, as contemplated by the provisions of the Protocol, a non-international armed conflict exists. Complex situations in which conflict is not confined to the territorial borders of the State where the non-international armed conflict originated increasingly present a challenge to those responsible for conflict classification under the conventional law of non-international armed conflict. In situations such as these, a non-international armed conflict is no longer restricted to the territory of a single State. Multiple non-international conflicts involving numerous actors can co-exist in a single territory at the same time or lead to fighting across borders. The complex conflict situations in the Central African Republic, Mali, South Sudan and the Democratic Republic of the Congo serve as examples. Attaining legal certainty is pivotal with respect to conflict classification because the category of conflict determines the applicable rules of the conventional law of armed conflict. Even though Additional Protocol ii remains the only comprehensive treaty dedicated to the regulation of non-international armed conflict, there is a paucity of literature which analyses its scope of application, and specifically the territorial control requirement. This article offers an in-depth examination of the territorial control requirement.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48113709","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: 2
Contents 内容
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-12-09 DOI: 10.1163/18781527-01102018
{"title":"Contents","authors":"","doi":"10.1163/18781527-01102018","DOIUrl":"https://doi.org/10.1163/18781527-01102018","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47202342","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
International Law in a Time of Pandemic 大流行病时期的国际法
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-12-09 DOI: 10.1163/18781527-01102017
R. Buchan, E. Crawford, Rain Liivoja
{"title":"International Law in a Time of Pandemic","authors":"R. Buchan, E. Crawford, Rain Liivoja","doi":"10.1163/18781527-01102017","DOIUrl":"https://doi.org/10.1163/18781527-01102017","url":null,"abstract":"To say that this issue of the Journal has been produced under unusual circumstances would be an understatement. When we began work on the issue in March 2020, the seriousness of the ‘coronavirus disease 2019’ (‘covid-19’) outbreak was starting to become clear. Already in January, the Director-General of the World Health Organization (who) had declared the covid-19 outbreak a ‘public health emergency of international concern’ (pheic),1 that is to say, as an ‘extraordinary event’ deemed under the International Health Regulations ‘to constitute a public health risk to other States through the international spread of disease’ and ‘to potentially require a coordinated international response’.2 In March, the Director-General further declared the outbreak a ‘pandemic’.3 The so-called Finagle’s law of dynamic negatives (a somewhat lesser-known derivative of Murphy’s law) postulates that ‘anything that can go wrong, will – at the worst possible moment’. This seems to have held true with respect to the covid-19 outbreak from a global perspective. The pandemic hit during an era of increased scepticism in science, a decline of democracy and a rise of authoritarianism, a flare-up of big-power rivalry, and waning multilateralism. As a consequence, the response to covid-19 became a political plaything both","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45132509","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
The covid-19 Pandemic, Geopolitics, and International Law 2019冠状病毒病大流行、地缘政治和国际法
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-11-27 DOI: 10.1163/18781527-bja10010
D. Fidler
{"title":"The covid-19 Pandemic, Geopolitics, and International Law","authors":"D. Fidler","doi":"10.1163/18781527-bja10010","DOIUrl":"https://doi.org/10.1163/18781527-bja10010","url":null,"abstract":"Balance-of-power politics have shaped how countries, especially the United States and China, have responded to the covid-19 pandemic The manner in which geopolitics have influenced responses to this outbreak is unprecedented, and the impact has also been felt in the field of international law This article surveys how geopolitical calculations appeared in global health from the mid-nineteenth century through the end of the Cold War and why such calculations did not, during this period, fundamentally change international health cooperation or the international law used to address health issues The astonishing changes in global health and international law on health that unfolded during the post-Cold War era happened in a context not characterized by geopolitical machinations However, the covid-19 pandemic emerged after the balance of power had returned to international relations, and rival great powers have turned this pandemic into a battleground in their competition for power and influence © 2020","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18781527-bja10010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48450669","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: 3
Detainee Operations in Ukraine 在乌克兰的拘留行动
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-11-19 DOI: 10.1163/18781527-bja10023
Cristina Teleki
{"title":"Detainee Operations in Ukraine","authors":"Cristina Teleki","doi":"10.1163/18781527-bja10023","DOIUrl":"https://doi.org/10.1163/18781527-bja10023","url":null,"abstract":"\u0000Detention operations have been a salient feature of the military conflict in Eastern Ukraine. Often referred to as exchanges or swaps of detainees, the operations leading to the simultaneous release and transfer of detainees (srtd) offer fertile terrain for inquiring about the applicability of international humanitarian law (ihl) and international human rights law (ihrl). This article attempts to fill a gap in the literature on detention operations outside the war on terror framework. It offers a chronological review of the detention operations that have taken place in Ukraine since the beginning of the military conflict. This paper then follows a classical two-step analysis first of ihl, ihrl and domestic law provisions applicable to srtds and, second, of the impact of these provisions on the human rights protection of the persons involved. The preliminary conclusions of this analysis indicate that, despite the praise of the international community for the srtds in Ukraine, human rights violations have resulted from srtds. More specifically, the legal framework under which srtds take place appears to be a ‘cocktail’ of ihl and ihrl provisions. Certainly, srtds have attracted international media coverage and support for Ukraine. At the same time, however, the ‘hidden cost’ of these operations begins to be understood as well because the legal status of many participants in the srtds appears to worsen, access to justice appears to be hampered and the independence of justice appears to be threatened as a result of these operations.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46882277","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
The Right to International Solidarity and Humanitarian Assistance in the Era of covid-19 Pandemic covid-19大流行时期获得国际声援和人道主义援助的权利
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-11-18 DOI: 10.1163/18781527-bja10018
Pouria Askary, Farzad Fallah
{"title":"The Right to International Solidarity and Humanitarian Assistance in the Era of covid-19 Pandemic","authors":"Pouria Askary, Farzad Fallah","doi":"10.1163/18781527-bja10018","DOIUrl":"https://doi.org/10.1163/18781527-bja10018","url":null,"abstract":"\u0000From an international law point of view, the covid-19 pandemic could be described as a ‘disaster’ which has led to various calls especially from the UN system for harmonized international cooperation and global solidarity. This article focuses on the meaning of ‘solidarity’ in the context of international human rights, and elaborates on the implications of solidarity on the international law of humanitarian assistance in the current situation of the coronavirus outbreak.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18781527-bja10018","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43474831","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: 3
covid-19 Claims and the Law of International Responsibility covid-19索赔与国际责任法
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-10-20 DOI: 10.1163/18781527-bja10014
M. Paparinskis
{"title":"covid-19 Claims and the Law of International Responsibility","authors":"M. Paparinskis","doi":"10.1163/18781527-bja10014","DOIUrl":"https://doi.org/10.1163/18781527-bja10014","url":null,"abstract":"\u0000This paper considers the role that the law of international responsibility, both State responsibility and responsibility of international organizations, plays in claims and disputes about covid-19. It proceeds by examining in turn the rubrics of the internationally wrongful act, content of responsibility, and implementation of responsibility. On most points, blackletter law is perfectly capable of answering the questions raised by claims related to covid-19. But evolutionary potential inherent in the normal international legal process should also be recognised, whether it manifests itself by further strengthening current rules, elaborating vague rules by application, filling gaps in current law by generating new practice or even, exceptionally, revisiting rules currently in force.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18781527-bja10014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45890013","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: 2
The ‘Revolving Door’ of Direct Participation in Hostilities 直接参与敌对行动的“旋转门”
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-10-05 DOI: 10.1163/18781527-bja10022
A. Silvestri
{"title":"The ‘Revolving Door’ of Direct Participation in Hostilities","authors":"A. Silvestri","doi":"10.1163/18781527-bja10022","DOIUrl":"https://doi.org/10.1163/18781527-bja10022","url":null,"abstract":"\u0000Contemporary trends of warfare have witnessed a so-called ‘civilian footprint’ in support of military operations while battlefields have increasingly shifted towards urban areas. International humanitarian law established a framework through which civilians are protected from direct attack ‘unless and for such time as they take a direct part in hostilities’. Three key areas have traditionally been associated with the analysis of direct participation in hostilities (‘dph’): civilian legal status, what behaviour amounts to dph, and what modalities govern this loss of protection. This article will focus on the latter and attempt to create a feasible and practical framework capable of harnessing the temporal scope of dph and limit the so-called ‘revolving door phenomenon’. The framework developed in this article will account for criteria that could and should aid decision-making on the battlefield, most notably causal associations between individuals and dph acts and the physical or non-physical nature of dph acts’ deployments.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42237587","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: 1
The Problem with the Crime of Forced Migration as a Loophole to icc Jurisdiction 以强迫移民罪为国际刑事法院管辖权漏洞的问题
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-09-15 DOI: 10.1163/18781527-01102005
Kirsten J. Fisher
{"title":"The Problem with the Crime of Forced Migration as a Loophole to icc Jurisdiction","authors":"Kirsten J. Fisher","doi":"10.1163/18781527-01102005","DOIUrl":"https://doi.org/10.1163/18781527-01102005","url":null,"abstract":"\u0000In November 2019, the icc’s Pre-Trial Chamber authorized the Prosecutor to proceed with an investigation based on a previous decision that the Court may exercise jurisdiction over the alleged deportation of Rohingya from Myanmar to Bangladesh. While the crime of deportation occurred in Myanmar, which is not a State party to the icc and therefore not within the jurisdiction of the Court without unsc referral, the deportation ended in Bangladesh, which is a State party. Once the Court determined that the State that receives the forcibly displaced can confer jurisdiction, the ground seemed to shift drastically in regards to the possible jurisdictional reach of the icc. This paper explores how this Pre-Trial Chamber decision, reasonably read as extending the Court’s geographic jurisdiction beyond what was intended by the drafters of the Rome Statute, could have negative implications, particularly how this extension could further threaten some of the world’s most vulnerable.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18781527-01102005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48166925","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
International Human Rights Law and the Response to the covid-19 Pandemic 国际人权法与应对covid-19大流行
IF 0.9
Journal of International Humanitarian Legal Studies Pub Date : 2020-08-25 DOI: 10.1163/18781527-bja10004
S. Joseph
{"title":"International Human Rights Law and the Response to the covid-19 Pandemic","authors":"S. Joseph","doi":"10.1163/18781527-bja10004","DOIUrl":"https://doi.org/10.1163/18781527-bja10004","url":null,"abstract":"\u0000States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2020-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18781527-bja10004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42310237","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: 9
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