JOURNAL OF CONFLICT & SECURITY LAW最新文献_第10页

Designing the Organisational Structure of the UN Cyber Peacekeeping Team 设计联合国网络维和小组的组织结构

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-04-01 DOI: 10.1093/jcsl/krz024

A. Almutawa

{"title":"Designing the Organisational Structure of the UN Cyber Peacekeeping Team","authors":"A. Almutawa","doi":"10.1093/jcsl/krz024","DOIUrl":"https://doi.org/10.1093/jcsl/krz024","url":null,"abstract":"\u0000 Neither the UN Charter nor other UN documents provide for the establishment of cyber peacekeeping missions. By largely ignoring the cyber dimension, the UN reduces the effectiveness of the modern peacekeeping operations which may, in many cases, require cyber intervention. Hence, there is a pressing social need for the establishment of a separate organisation of UN peacekeepers responsible for keeping the peace in cyberspace. The article aims to facilitate the establishment of a UN cyber-peacekeeping team by proposing its organisational structure and examining the qualifications of the cyber peacekeepers, their legal relationship with the UN, and the location of the cyber peacekeeping team. The organisational structure is important because it impacts how the organisation concerned learns, acts, and evolves. The proposed structure consists of two departments and four sub-departments. Each of them is responsible for specific peacekeeping responsibilities, ranging from assessment of cyber-security risks to facilitating the development of e-commerce in post-conflict countries. Although the proposed structure is currently merely theoretical, it can be empirically tested by creating prototype versions of the departments included in it and measuring their effectiveness on the basis of various criteria, such as reducing levels of violence between belligerent parties, protecting civilians from violence, and compliance with ceasefires.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jcsl/krz024","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46660958","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

Could International Fact-Finding Missions Possibly Render a Case Inadmissible for the ICC? Remarks on the Ongoing Attempts to Include International Criminal Law in Fact-finding 国际实况调查团有可能使国际刑事法院不予受理案件吗?关于将国际刑法纳入事实调查的现行尝试的评论

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz028

B. D. Vries

引用次数: 0

The Activation of the Crime of Aggression before the International Criminal Court: Some Overlooked Implications Arising for States Parties and Non-States Parties to the Rome Statute 侵略罪在国际刑事法院的启动：对《罗马规约》缔约国和非缔约国产生的一些被忽视的影响

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz022

T. Dias

{"title":"The Activation of the Crime of Aggression before the International Criminal Court: Some Overlooked Implications Arising for States Parties and Non-States Parties to the Rome Statute","authors":"T. Dias","doi":"10.1093/jcsl/krz022","DOIUrl":"https://doi.org/10.1093/jcsl/krz022","url":null,"abstract":"\u0000 On 17 July 2018, in celebration of the 20th anniversary of the Rome Statute of the International Criminal Court (ICC, the Court), the jurisdiction of the Court was finally activated for the crime of aggression, following a decision made by the Assembly of States Parties (ASP) in December 2017. This resulted from a long and painstaking process which not only furthered the divide between states parties and non-parties but also generated controversy within the ASP itself. In an attempt to reach a minimum common denominator, the ASP decided to exclude from the ICC’s jurisdiction situations involving states parties that have not ratified the amendments in respect of that crime (‘the Kampala Amendments’). Moreover, since the adoption of the Amendments in 2010, it has been agreed that the ICC will not exercise its jurisdiction over the crime of aggression if committed by nationals or on the territory of non-states parties, except when there is a Security Council referral. This combination of jurisdictional hurdles has led many to believe that the crime of aggression will have a limited role to play before the ICC. Nonetheless, a closer look at the Activation Decision, the Kampala Amendments and certain key provisions of the ICC Statute reveals that the activation of the crime of aggression might have a series of overlooked implications for non-parties and parties alike, including those that have not ratified the amendments. In particular, this article will argue that, aside from Security Council referrals, there may still be instances where the Court can apply the crime of aggression to situations involving those states.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jcsl/krz022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45443433","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

International Obligations Concerning Disarmament and the Cessation of the Nuclear Arms Race: Justiciability over Justice in the Marshall Islands Cases at the International Court of Justice 关于裁军和停止核军备竞赛的国际义务：国际法院审理马绍尔群岛案件的可诉性高于公正性

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz020

Jonathan L. Black-Branch

{"title":"International Obligations Concerning Disarmament and the Cessation of the Nuclear Arms Race: Justiciability over Justice in the Marshall Islands Cases at the International Court of Justice","authors":"Jonathan L. Black-Branch","doi":"10.1093/jcsl/krz020","DOIUrl":"https://doi.org/10.1093/jcsl/krz020","url":null,"abstract":"\u0000 The International Court of Justice rulings in cases from the Marshall Islands against India, Pakistan and the UK not only failed to answer important questions regarding obligations to negotiate a nuclear cessation treaty and to disarm, but also raise new questions relating to the existence of a dispute under general international law. The Respondents objected to the Court’s jurisdiction to hear the case on the grounds that there was no justiciable dispute between them and the Marshall Islands, arguing that the issues should not be adjudicated within this forum. The Court agreed, finding there was not sufficient evidence of a dispute, per se, and consequently did not have jurisdiction to hear these cases on their merits as the Respondents were not aware of contentious issues. In the case of the UK, in particular, it was decided by a narrow majority, raising important questions about the Court’s strictly formalistic, and more importantly, unprecedented, approach regarding the existence of a dispute under international law. More significantly, the ruling avoided answering important questions relating to long-standing international obligations regarding disarmament and negotiations toward a treaty to cease the arms race pursuant to Article VI of the Nuclear Non-Proliferation Treaty, 1968. This article provides an overview and analysis of the Marshall Islands cases, examining the main legal issues and arguments, focusing on the Court’s reasoning and highlighting the division within the Court on substantive matters pertaining to obligations of nuclear-armed states.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jcsl/krz020","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44531408","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

Noura Erakat, Justice for Some: Law and the Question of Palestine Noura Erakat，《为某些人伸张正义：法律与巴勒斯坦问题》

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz026

Markus Gunneflo

引用次数: 2

Marco Longobardo, The Use of Armed Force in Occupied Territory. 马尔科·朗戈巴多，《在被占领土上使用武力》。

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz014

C. H. Wheeler

引用次数: 0

Western Gunrunners, (Middle-)Eastern Casualties: Unlawfully Trading Arms with States Engulfed in Yemeni Civil War? 西方军火走私贩，(中东)东方伤亡:与卷入也门内战的国家非法交易武器?

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz021

Luca Ferro

{"title":"Western Gunrunners, (Middle-)Eastern Casualties: Unlawfully Trading Arms with States Engulfed in Yemeni Civil War?","authors":"Luca Ferro","doi":"10.1093/jcsl/krz021","DOIUrl":"https://doi.org/10.1093/jcsl/krz021","url":null,"abstract":"\u0000 According to the United Nations Secretary-General, Yemen today constitutes the worst man-made humanitarian crisis in the world. It is fuelled by extensive third-state involvement, with none of the warring parties championing respect for international human rights and humanitarian law (to put it mildly). Conversely, primary rules of international law already prohibit arms transfers from the moment there is a significant risk that they could be used to commit or facilitate grave breaches, with the recipient’s past and present record of respect for international law qualifying as the crucial factor to predict future transgressions. From that perspective, it appears deeply disingenuous for western states to continue transferring military equipment to members of the multilateral coalition in Yemen while maintaining adherence to the international legal framework. This article thus aims to examine whether the legal framework lives up to its noble goals or rather serves to defend state decisions that primarily serve their economic interests. It is structured as follows: Section 1 starts with an overview of the facts, and the focus and aim of this article. Section 2 then sets out the international legal framework as it applies to the trade in conventional arms with states that are involved in a non-international armed conflict. Section 3 analyses key domestic judgments (in the UK, Canada, Belgium and France) to test the available facts against the legal framework as elaborated. Finally, Section 4 concludes.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jcsl/krz021","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49274278","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: 4

Rescuing Nationals Abroad Revisited 海外救援人员再访

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz030

N. Ronzitti

{"title":"Rescuing Nationals Abroad Revisited","authors":"N. Ronzitti","doi":"10.1093/jcsl/krz030","DOIUrl":"https://doi.org/10.1093/jcsl/krz030","url":null,"abstract":"\u0000 The general rule on the prohibition on use of force in international relations has rendered controversial the cases in which states may lawfully resort to armed force. Even self-defense, which is undoubtedly a lawful action, is the object of contentious interpretations of its precise content and modalities of exercise. Are there lawful instances of recourse to armed action in addition to self-defense and use of force authorized by the United Nations? This is greatly disputed and the controversy also embodies the legality of intervention for rescuing nationals abroad. The latter's lawfulness is the object of this article, which revisits previous work by the author more than 30 years ago, taking into account new state practice, the scarce jurisprudence, the works of the ILC, the relevant UN declarations and international conventions and the opinions of qualified jurists. The main finding is that the practice of intervention for rescuing nationals abroad, once the prerogative of the Western States, now includes actions by other states belonging to different regional groups. The Russian Federation is the most notable example. This article examines the various circumstances in which the necessity for a rescue operation arises and the justifications that may be invoked. It concludes that intervention for rescuing nationals abroad in mortal danger is allowed by a norm of customary international law, which constitutes an autonomous exception to the prohibition of the use of force in international relations.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jcsl/krz030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45682736","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 Chemical Weapons Convention and the Contribution of the Organisation for the Prohibition of Chemical Weapons to Sustainable Development 《化学武器公约》和禁止化学武器组织对可持续发展的贡献

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz023

Trevor M. Rajah, Grant Dawson, Lydia Aylett

引用次数: 0

Russell Buchan, Cyber Espionage and International Law 罗素·布坎，网络间谍与国际法

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2019-12-01 DOI: 10.1093/jcsl/krz011

Elizabeth Watt

引用次数: 0