JOURNAL OF CONFLICT & SECURITY LAW最新文献_第5页

International Non-State Humanitarian Actors outside of the International Legal System: Can there be any Legal Consequences for Humanitarian Actors? 国际法律体系之外的国际非国家人道行为体:对人道行为体是否有任何法律后果?

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-09-29 DOI: 10.1093/JCSL/KRAB018

Scarlett Mcardle, Christy Shucksmith-Wesley

{"title":"International Non-State Humanitarian Actors outside of the International Legal System: Can there be any Legal Consequences for Humanitarian Actors?","authors":"Scarlett Mcardle, Christy Shucksmith-Wesley","doi":"10.1093/JCSL/KRAB018","DOIUrl":"https://doi.org/10.1093/JCSL/KRAB018","url":null,"abstract":"Humanitarians are saviours, people employed by organisations that were created to provide neutral and professional help in times of conflict, disaster, or other emergencies. We assume that we can trust the humanitarians. This, at least, is the theory of humanitarianism. However, news outlets depict the actions of humanitarians somewhat differently. The accusations levied at humanitarian actors, including Oxfam and the ICRC within the past three years, include that individuals have committed crimes against those they are meant to be helping, organisations have swept said abhorrent behaviour under the rug, and that the consequences for the individuals concerned are, at worst, being ‘let go’ or demoted. These scandals have besmirched the reputation of the humanitarian profession. In some instances, the scandals have undermined perceptions of humanitarian actors and, consequently, mired funding for the important work that they do. Although a multitude of actors’ act in the same spaces and places, including in armed conflict and disasters, only some are subject to accountability and responsibility on the international stage. Our question is what can and could be done at the international level to address the accusations and, in some cases, unlawful behaviour? This article explores avenues within and outside of the international legal system to ensure responsibility of those embroiled in illegal acts.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45920382","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

Stuart Casey-Maslen and Tobias Vestner, A Guide to International Disarmament Law. 斯图尔特·凯西·马斯伦和托比亚斯·维斯特纳，《国际裁军法指南》。

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-09-27 DOI: 10.1093/jcsl/krab016

Christopher P. Evans

引用次数: 0

NATO’s Nuclear Sharing Arrangements Revisited in Light of the NPT and the TPNW 根据《不扩散条约》和《全面禁止核武器条约》修改北约的核共享安排

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-09-25 DOI: 10.1093/jcsl/krab015

Mika Hayashi

{"title":"NATO’s Nuclear Sharing Arrangements Revisited in Light of the NPT and the TPNW","authors":"Mika Hayashi","doi":"10.1093/jcsl/krab015","DOIUrl":"https://doi.org/10.1093/jcsl/krab015","url":null,"abstract":"\u0000 The nuclear sharing arrangements of the North Atlantic Treaty Organization (NATO) are arrangements that pre-date the Nuclear Non-Proliferation Treaty (NPT). This article revisits the nuclear sharing arrangements in light of the NPT, then examines the issues in light of a new treaty, the Treaty on the Prohibition of Nuclear Weapons (TPNW). The question of the compatibility between these arrangements and the NPT was initially solved by an understanding that the stationing of the US nuclear weapons in host States did not involve transfer of ownership or transfer of control of these weapons to host States. Compared to the initial acceptance of this interpretation, the contemporary acceptance is less solid. The nuclear sharing arrangements are questioned or criticised in the NPT Review process, both by non-nuclear-weapon States and nuclear-weapon States. In contrast, with regard to the TPNW, there seems to be no controversy; the TPNW explicitly provides that the States Parties must not allow stationing of nuclear weapons. The nuclear sharing arrangements would be incompatible with this prohibition. The article also briefly deals with a separate question, whether a client State of extended nuclear deterrence that does not allow stationing of nuclear weapons in its territory would also contravene the prohibitions in the TPNW. Given the scope and the nature of provisions of the TPNW, the article concludes that it would, if such a client State joins the treaty without a change in its policy regarding extended deterrence.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48513056","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 Enrica Lexie Incident and the Status of Anti-Piracy Security Personnel on Board “恩里卡·莱西”号事件与船上反海盗安全人员的现状

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-09-09 DOI: 10.1093/jcsl/krab014

M. Odello

{"title":"The Enrica Lexie Incident and the Status of Anti-Piracy Security Personnel on Board","authors":"M. Odello","doi":"10.1093/jcsl/krab014","DOIUrl":"https://doi.org/10.1093/jcsl/krab014","url":null,"abstract":"\u0000 This article focuses on a specific issue that emerged in the Arbitral Award on the Enrica Lexie case delivered in May 2020. The dispute involved Italy and India in relation to the killings of Indian fishermen by Italian marines in the waters outside India. The incident raised several legal issues concerning the application of the law of the sea, the legal determination of anti-piracy actions by States and jurisdictional immunities. The purpose of this article is to focus on one specific issue that emerges from this case: the uncertain legal status of security personnel deployed on private vessels in relation to anti-piracy protection. The first part of the article shall consider the status of military personnel deployed on merchant ships for anti-piracy protection. The problem is central to the matter because, depending on the definition of their status, limitations on the exercise of jurisdiction by other States may emerge. The second part of this article discusses more broadly the status of military and private security personnel in actions that could be defined as ‘international policing or security’ activities, which should be better clarified through better international cooperation, exchange of information and clear rules. A more defined legal setting for anti-piracy activities would prevent possible future disputes in similar cases. Furthermore, it would be useful to have clearer rules that could be applied also to face other types of crimes that occur on the sea.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47957614","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

Craig Jones, The War Lawyers: The United States, Israel, and Juridical Warfare 克雷格·琼斯，《战争律师:美国、以色列和司法战争》

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-09-03 DOI: 10.1093/jcsl/krab010

A. Sari

引用次数: 5

‘Antisocial Behaviour, Unfriendly Relations’: Assessing the Contemporary Value of the Categories of Unfriendly Acts and Retorsion in International Law “反社会行为，不友好关系”:评估国际法中不友好行为及其反制范畴的当代价值

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-07-01 DOI: 10.1093/jcsl/krab011

N. McDonald, Anna McLeod

{"title":"‘Antisocial Behaviour, Unfriendly Relations’: Assessing the Contemporary Value of the Categories of Unfriendly Acts and Retorsion in International Law","authors":"N. McDonald, Anna McLeod","doi":"10.1093/jcsl/krab011","DOIUrl":"https://doi.org/10.1093/jcsl/krab011","url":null,"abstract":"\u0000 This article considers the international law categories of unfriendly acts and retorsion in the modern context. To date, these categories articulating the freedoms that States enjoy below the threshold of international wrongfulness have received little attention in academic debate. But we consider both categories are of increasing relevance in the context of modern international conflict (in the broadest sense) and inter-State competition, particularly in relation to the regulation of hostile cyber activity between States. Unfriendly acts denotes State activity which, while lawful as a matter of international law, would nonetheless not be welcomed by the States it targets. Retorsion covers another sub-set of lawful but unfriendly State activity, substantively the same as unfriendly acts but done in response to prior unwelcome acts of other States. Having defined these categories, including by reference to a survey of contemporary State practice and judicial treatment, this article then considers why their utility and relevance to States are increasing. The article ends on the cautionary note that while unfriendly acts and retorsion may be increasingly necessary and desirable to States as international law tools as hostile activity occupies more of the space below forcible acts, they equally need to be properly understood and ‘handled with care’ by international lawyers, to ensure they are not bestowed with legal characteristics they do not possess, unduly constraining States in the process. The risk of misuse of these categories by States also needs to be kept in mind.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48541070","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

Jennifer Trahan, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes 詹妮弗·特拉汉，《面对暴行罪行时安理会否决权的现有法律限制》

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-07-01 DOI: 10.1093/jcsl/krab009

Ben L. Murphy

引用次数: 0

Emmanuel H. D. De Groof, State Renaissance for Peace: Transitional Governance under International Law 伊曼纽尔·h·d·德·格鲁夫:《和平的国家复兴:国际法下的过渡治理》

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-05-16 DOI: 10.1093/JCSL/KRAB008

M. Saul

引用次数: 0

Deconstructing Dud Disarmament Disputes 解构杜德裁军争端

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-05-13 DOI: 10.1093/jcsl/kraa023

J. D. Fry, S. Nair

引用次数: 0

El Coco Does Not Frighten Anymore: ICC Scrutiny and State Cooperation in Colombia El Coco不再害怕：国际刑事法院在哥伦比亚的审查和国家合作

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2021-05-13 DOI: 10.1093/jcsl/kraa013

Marco Bocchese

{"title":"El Coco Does Not Frighten Anymore: ICC Scrutiny and State Cooperation in Colombia","authors":"Marco Bocchese","doi":"10.1093/jcsl/kraa013","DOIUrl":"https://doi.org/10.1093/jcsl/kraa013","url":null,"abstract":"The preliminary examination of Colombia is widely regarded as a successful instance of positive complementarity. Under the watchful eye of the Office of the Prosecutor (OTP), Colombian authorities have implemented comprehensive reforms and negotiated peace with the country’s main rebellion. That said, how much credit can the International Criminal Court (ICC) claim for these outcomes? And how did ICC–state relations develop over time? Drawing on in-person interviews carried out during a research trip to Bogotá, this article conducts a within-case analysis of the situation of Colombia over fourteen years (2004–18), seeking to explore the motives underlying state compliance with ICC treaty obligations and trace the evolution of ICC–state relations throughout two consecutive administrations of opposite political color. Unsurprisingly, state elites and transitional justice experts push back against the idea that the OTP has held state authorities accountable to domestic and international legal obligations through its lasting monitoring and involvement in internal affairs. Besides, while participants in this study agree on the timeliness of ICC intervention, they are split on their assessments of the Court’s performance. Finally, interviewees tend to agree that, upon giving ‘green light’ to the finalized peace accords in early September 2016, the ICC has at best a marginal role in Colombia’s politics..","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jcsl/kraa013","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42355341","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