JOURNAL OF CONFLICT & SECURITY LAW最新文献_第9页

From Peacekeepers to Parties to the Conflict: An IHL’s Appraisal of the Role of UN Peace Operations in NIACs 从维和人员到冲突各方:国际人道法对联合国维和行动在国际冲突中的作用的评价

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-07-01 DOI: 10.1093/jcsl/krz032

Bianca Maganza

引用次数: 2

William A. Schabas, The Trial of the Kaiser 威廉·a·沙巴斯，《皇帝的审判

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-07-01 DOI: 10.1093/JCSL/KRZ016

D. Turns

引用次数: 0

Protracted Armed Violence as a Criterion for the Existence of Non-international Armed Conflict: International Humanitarian Law, International Criminal Law and Beyond 长期武装暴力作为非国际性武装冲突存在的标准：国际人道主义法、国际刑法及其他

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-06-29 DOI: 10.1093/jcsl/kraa009

Miloš Hrnjaz, Janja Simentić Popović

引用次数: 1

Do Non-State Armed Groups Have a Legal Right to Consent to Offers of International Humanitarian Relief? 非国家武装团体是否有合法权利同意国际人道主义援助?

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-06-14 DOI: 10.1093/jcsl/kraa007

Matthias Vanhullebusch

{"title":"Do Non-State Armed Groups Have a Legal Right to Consent to Offers of International Humanitarian Relief?","authors":"Matthias Vanhullebusch","doi":"10.1093/jcsl/kraa007","DOIUrl":"https://doi.org/10.1093/jcsl/kraa007","url":null,"abstract":"\u0000 During non-international armed conflicts, fighting parties have repeatedly denied international humanitarian relief to the civilian population under their territorial control leaving them at the brink of starvation. Debates on criminal accountability for violating the prohibition of the use of starvation against the civilian population as a method of warfare have yet to address the question of ownership of the right to consent to offers of international humanitarian relief before criminalising their denial. In respect of such right to consent at the strategic level, there are divergent interpretations on the application of the principle of symmetrical rights and obligations of fighting parties in the realm of international humanitarian relief. Humanitarian and state-centric perspectives, respectively, grant or deny non-state armed groups an independent right to consent to offers of international humanitarian relief. The humanitarian perspective argues that the asymmetry of such right in favour of the government party to the conflict and at the expense of the non-state armed groups is no longer justified, especially when the right of control at the operational level (after an offer has been accepted) is equally bestowed upon all parties to the conflict. The state-centric perspective defends the exclusive right of the government party to the conflict and fears that an equal right to strategic consent for non-state armed groups would increase their legitimacy. This study argues that neutrality upheld by international humanitarian relief actors, including impartial humanitarian bodies, such as the ICRC, and the Security Council gives rise to an interdependent exercise of the right to strategic consent by all fighting parties instead.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/jcsl/kraa007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42882662","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 Common Approach to Article 1: The Scope of Each State’s Obligation to Ensure Respect for the Geneva Conventions 第1条的共同做法：各国确保尊重《日内瓦公约》义务的范围

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-04-01 DOI: 10.1093/jcsl/kraa004

Verity Robson

{"title":"The Common Approach to Article 1: The Scope of Each State’s Obligation to Ensure Respect for the Geneva Conventions","authors":"Verity Robson","doi":"10.1093/jcsl/kraa004","DOIUrl":"https://doi.org/10.1093/jcsl/kraa004","url":null,"abstract":"\u0000 Common Article 1 of the Geneva Conventions of 1949 is foundational, but not exceptional: the duty to respect and ensure respect for the Conventions must be considered within the framework of public international law as a whole. The Article obliges each High Contracting Party and its organs to respect the Geneva Conventions, and to ensure respect for these Conventions by the population over which it exercises authority and any other persons or groups whose conduct is attributable to it. This scope is demonstrated by the ordinary meaning of the term, subsequent agreements, subsequent practice and other relevant rules of international law, and confirmed by reference to the travaux preparatoires. In particular, erga omnes status does not affect it. As a matter of good faith performance of the Conventions, each High Contracting Party also has a duty not to encourage violations by others. Common Article 1 does not require, as some authors have argued, the prevention or termination of breaches of the Geneva Conventions by other parties to conflict, but High Contracting Parties may choose to take steps toward doing so, as a matter of policy.","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/kraa004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46891981","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

Insufficient Knowledge in Kunduz: The Precautionary Principle and International Humanitarian Law 昆都士知识不足：预防原则与国际人道主义法

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-04-01 DOI: 10.1093/jcsl/krz033

E. Marchant

{"title":"Insufficient Knowledge in Kunduz: The Precautionary Principle and International Humanitarian Law","authors":"E. Marchant","doi":"10.1093/jcsl/krz033","DOIUrl":"https://doi.org/10.1093/jcsl/krz033","url":null,"abstract":"\u0000 The targeting protocols applied by forces during armed conflict are some of the most secretive documents held by any military. However, their role in applying principles of international humanitarian law (IHL) means that they are key to understanding their development. This piece is primarily concerned with practical and operational application of the precautionary principle under IHL; how much knowledge is sufficient to carry out an attack lawfully during modern armed conflict. In order to establish if a standard has developed with the increase in intelligence, surveillance and reconnaissance technology, this piece uses the framework of an investigation into an incident in Kunduz, Afghanistan in 2009. I explore the difficulties of obtaining information post-incident, the differential standards expected by North Atlantic Treaty Organization (NATO) and the Bundesgerichtshof (German Federal Court of Justice), and the manner in which these can be evaluated through the principles of proportionality, distinction and precautions in attack. The piece looks at the interrelated issues raised by the Rules of Engagement and Tactical Directives, as well as the problems surrounding the clarity of intelligence available. I argue that this case is demonstrative of the failings inherent in the application and practical use of the precautionary principle outlined by IHL. The lack of transparency afforded in, and after, incidents of this nature prevents objective analysis and so the development of IHL can be obfuscated. I conclude that the lack of information following incidents of this kind confuses any intelligence standard that exists under IHL.","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/krz033","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46300534","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

Betrayal in War: Rules and Trends on Seeking Collaboration under IHL 战争中的背叛:在国际人道法下寻求合作的规则与趋势

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-04-01 DOI: 10.1093/jcsl/kraa002

Manuel Galvis Martínez

引用次数: 0

Pillars not Principles: The Status of Humanity and Military Necessity in the Law of Armed Conflict 支柱而非原则:武装冲突法中的人道地位和军事必要性

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-04-01 DOI: 10.1093/jcsl/kraa001

E. Winter

引用次数: 2

The Rulings of the Israeli Military Courts and International Law 以色列军事法院的裁决和国际法

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-04-01 DOI: 10.1093/JCSL/KRZ017

Nery Ramati

{"title":"The Rulings of the Israeli Military Courts and International Law","authors":"Nery Ramati","doi":"10.1093/JCSL/KRZ017","DOIUrl":"https://doi.org/10.1093/JCSL/KRZ017","url":null,"abstract":"\u0000 International humanitarian law (IHL) provides the occupying power extensive legal tools in order to allow it to control and govern the local occupied population, with the possibility of establishing a military law system being one of the most influential. The military law system gives the Military Commander of the occupied area an immense power as a potential legislator and judicial authority, but what happens when this legal system encounters the limitations placed by IHL in general and Occupation Law in particular? To examine this question, this article will present the case of the Israeli Military Court system in the Palestinian Occupied Territories and its use, abuse and misuse of international law norms. Based on the 5565 published rulings of the Military Court of Appeals, this research identifies all of the cases that refer to international law. This article suggests that the evolving approaches of the courts to international law are, in fact, a tool to justify and advance Israeli interests over the rights of the Palestinian defendants. Moreover, the article presents the potential impact these rulings have on the law in Palestine, the law in Israel and customary international law.","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/KRZ017","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42484896","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

Cyber Operations and Collective Countermeasures under International Law 网络行动与国际法下的集体对策

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2020-04-01 DOI: 10.1093/jcsl/kraa003

S. Haataja

引用次数: 2