JOURNAL OF CONFLICT & SECURITY LAW最新文献_第2页

When May UN Peacekeepers Use Lethal Force to Protect Civilians? Reconciling Threats to Civilians, Imminence, and the Right to Life 联合国维和人员何时可以使用致命武力保护平民?调和对平民的威胁、迫切性和生命权

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-08-09 DOI: 10.1093/jcsl/krac027

H. Bourgeois, Patryk I. Labuda

{"title":"When May UN Peacekeepers Use Lethal Force to Protect Civilians? Reconciling Threats to Civilians, Imminence, and the Right to Life","authors":"H. Bourgeois, Patryk I. Labuda","doi":"10.1093/jcsl/krac027","DOIUrl":"https://doi.org/10.1093/jcsl/krac027","url":null,"abstract":"\u0000 While the use of force in UN peacekeeping was traditionally limited to self-defence, the UN Security Council now regularly deploys peacekeeping missions with robust mandates to protect civilians and encourages their proactive implementation, including by using force. For many years, the Security Council authorised the use of ‘all necessary means’ to protect civilians from ‘imminent threats’ of physical violence, but its recent mandates have often dropped references to ‘imminence’. The UN has also interpreted such mandates as broader authorisation for peacekeepers to use force in response to temporally ill-defined threats to civilians. This turn to robust civilian protection is often celebrated, yet the legal parameters of using force continue to evolve below the radar and are rarely scrutinised, with scholarly writing focused on peacekeeper self-defence, rules of engagement and UN policy to justify proactive mandate implementation. Drawing on an analysis of the relationship between peacekeeping mandates and international law in light of the shift from defensive to proactive peacekeeping, this article argues that the legality of using force for civilian protection purposes must be reconciled not only with Security Council resolutions and their language on imminence, but also with human rights law (HRL), which imposes strict temporal conditions for lawful deprivations of the right to life outside the conduct of hostilities. Using examples of how the UN’s current practice of using force to protect civilians in hostile environments may contravene international norms, this article attempts to reconcile proactive civilian-oriented peacekeeping with the concept of imminence as understood in HRL.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48213551","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

Russell Buchan and Nicholas Tsagourias, Regulating the Use of Force in International Law Russell Buchan和Nicholas Tsagourias，国际法中对武力使用的规范

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-08-04 DOI: 10.1093/jcsl/krac029

Afonso Seixas-Nunes

引用次数: 0

Plague, Pestilence and the Peninsula: International Humanitarian Law Concerns of North Korea’s Biological Weapons Program 瘟疫、瘟疫与半岛:朝鲜生物武器计划的国际人道主义法关切

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-07-28 DOI: 10.1093/jcsl/krac028

Jakob M Reynolds

{"title":"Plague, Pestilence and the Peninsula: International Humanitarian Law Concerns of North Korea’s Biological Weapons Program","authors":"Jakob M Reynolds","doi":"10.1093/jcsl/krac028","DOIUrl":"https://doi.org/10.1093/jcsl/krac028","url":null,"abstract":"\u0000 Suspected development of advanced biological weapons by the Democratic People’s Republic of Korea (North Korea), despite its status as a party to both the Biological Weapons Convention and other nonproliferation agreements, bears significant implications for both public health and security around the globe. A steady decrease in resources and attention devoted to preparedness for biological attacks or outbreaks since 2001 has exacerbated the vulnerability of the USA and its allies to outbreaks of such pathogens, both from North Korean biological weapons and natural sources. This article assesses several International Humanitarian Law (IHL) issues raised by the prospect of an international armed conflict in which North Korea deploys biological weapons. Historical context is discussed to contextualize the various IHL issues raised by a potential armed conflict, which include United Nations Enforcement actions, anticipatory self-defense, protection of civilians, targeting and proportionality. Preparing for and responding to a potential biological weapons attack by North Korea presents a host of unique challenges for the USA and its allies. An international armed conflict involving the use of such weapons by North Korea against the USA or its allies would be devastating for civilians and military personnel alike. It is thus imperative to understand the IHL issues raised by such a conflict, including circumstances that would warrant pre-emptive use of force by the USA and its allies, the scale and scope of any military response, and the need to protect civilians throughout the Korean peninsula.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48397024","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

Correction to: Fiona de Londras, The Practice and Problems of Transnational Counter-Terrorism 更正:菲奥娜·德·隆德拉斯，《跨国反恐的实践与问题》

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-07-18 DOI: 10.1093/jcsl/krac026

F. Londras

引用次数: 2

Tatiana Bazzichelli (ed), Whistle-blowing for Change: Exposing Systems of Power and Injustice Tatiana Bazzichelli主编，《为变革而检举:揭露权力和不公正制度》

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-07-08 DOI: 10.1093/jcsl/krac025

Khalil Dewan

引用次数: 0

The European Peace Facility and the UN Arms Trade Treaty: Fragmentation of the International Arms Control law? 欧洲和平机制和联合国武器贸易条约：国际军控法的碎片化？

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-06-21 DOI: 10.1093/jcsl/krac024

Abdulmalik M. Altamimi

引用次数: 1

Same Same but Different? Why War-Sustaining Objects Can Be Destroyed but Not Targeted 相同但不同？为什么战争维持物体可以被摧毁但不能成为目标

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-05-26 DOI: 10.1093/jcsl/krac023

Niklas S. Reetz

{"title":"Same Same but Different? Why War-Sustaining Objects Can Be Destroyed but Not Targeted","authors":"Niklas S. Reetz","doi":"10.1093/jcsl/krac023","DOIUrl":"https://doi.org/10.1093/jcsl/krac023","url":null,"abstract":"\u0000 Fighting wars is expensive. Parties to an armed conflict therefore face incentives to take military action against an enemy’s ability to finance warfare. Disputes about the lawfulness of targeting economic objects that contribute to an adversary’s war-sustaining capability reach back as far as the American Civil War. The debate has recently regained attention with conflicts such as the fight against ISIS, where the international coalition carried out attacks against oil fields and money depots. In contrast to the argument of military necessity that states and scholars raise in favour of a broad interpretation of the definition of military objectives, this article finds that the purpose and extraordinary structure of Article 52(2) of Additional Protocol I to the Geneva Conventions preclude the targeting of war-sustaining economic objects. The article then explores a different, less-discussed mode of action against war-sustaining objects, namely their destruction. The so-called ‘cotton claims’ of the American Civil War are often invoked as a historical example of the lawful targeting of economic objects. A close analysis, however, shows that the facts underlying the cotton claims differ categorically from modern targeting practice. At the same time, the analysis reveals destruction as a potentially lawful alternative mode of action against economic objects. The cotton claims ultimately demonstrate that the destruction of economic objects outside the context of an attack can reconcile the argument of military necessity with the protection of civilian life, which is an insight equally relevant for modern warfare.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42021926","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

OUP accepted manuscript OUP接受稿件

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-01-01 DOI: 10.1093/jcsl/krac004

引用次数: 0

OUP accepted manuscript OUP接受稿件

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-01-01 DOI: 10.1093/jcsl/krac017

引用次数: 0

OUP accepted manuscript OUP接受稿件

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-01-01 DOI: 10.1093/jcsl/krac007

引用次数: 0