{"title":"A case study on War Poses","authors":"Angelica Widström","doi":"10.1017/s181638312300053x","DOIUrl":"https://doi.org/10.1017/s181638312300053x","url":null,"abstract":"This article delves into Sweden's evolving legal response to international crimes, notably focusing on the 2021 <jats:italic>War Poses</jats:italic> case before the Swedish Supreme Court. The case involves an Iraqi asylum-seeker charged with violating the personal dignity of several persons, presumed to be deceased, during a 2015 non-international armed conflict in Kirkuk, Iraq. A key contention is whether deceased individuals can be considered “protected persons” under Swedish war crimes legislation. The article examines the Swedish Supreme Court's decision, which deems deceased individuals as protected persons, drawing on the Rome Statute's Elements of Crimes. It examines the complexities surrounding the application of international humanitarian law (IHL) to cases involving the deceased and explores potential misinterpretations arising from the Court's brief and ambiguous reasoning. As Sweden grapples with the complexities of international criminal law, the article advocates for clarity and comprehensive discussion to ensure that justice is served while upholding accurate and harmonized definitions of fundamental concepts of IHL.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"6 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138632174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Addressing environmental damages in contexts of armed conflict through transitional justice in Colombia","authors":"Andrea Camacho Rincón, Germán Parra Gallego","doi":"10.1017/s1816383123000553","DOIUrl":"https://doi.org/10.1017/s1816383123000553","url":null,"abstract":"It is unquestionable that Colombian armed conflicts have had adverse impacts on the natural environment in the country. Current transitional justice mechanisms offer an opportunity to recognize harm and responsibility, establish restorative sanctions and reparations and adopt public policies for the recovery of ecosystems and prevention of further damage. This article focuses on how transitional justice mechanisms, especially the Special Jurisdiction for Peace, have addressed the effects of armed conflicts on the natural environment. Specifically, it analyzes the criminal characterization of environmental degradation, the question of whether amnesties and pardons could be granted for such conducts, precautionary measures and the implementation of restorative sanctions related to the environment. It presents some challenges regarding the preservation of the natural environment due to the persistence of armed conflicts after the 2016 Peace Accord between the government and the FARC-EP guerrillas, and the sustainability of reparations for victims and prevention of further damage. It also sustains that the developments of current transitional justice mechanisms may have significant influence on ongoing and future peace negotiations with other armed groups and the processes for establishing responsibility for environmental damages.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138632380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IRC volume 105 issue 924 Cover and Back matter","authors":"","doi":"10.1017/s1816383123000504","DOIUrl":"https://doi.org/10.1017/s1816383123000504","url":null,"abstract":"","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":" 14","pages":"b1 - b2"},"PeriodicalIF":0.7,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138619229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The protection of the natural environment in armed conflicts and agent-based modelling","authors":"Mais Qandeel","doi":"10.1017/s1816383123000528","DOIUrl":"https://doi.org/10.1017/s1816383123000528","url":null,"abstract":"This article seeks to demonstrate the nexus between agent-related technology and the protection of the environment in armed conflicts, looking at how agent-based modelling and simulation (ABMS) can be used as a tool to protect the environment in armed conflicts. It further analyzes the precautionary principle and due regard, as relevant rules, and explains the legal benefits of deploying ABMS to protect and preserve the natural environment. The article argues that the deployment of ABMS helps States to better understand the environmental effects of conflicts, reassess their military activities and comply with the relevant applicable rules and norms.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"223 ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138518607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IRC volume 105 issue 924 Cover and Front matter","authors":"","doi":"10.1017/s1816383123000498","DOIUrl":"https://doi.org/10.1017/s1816383123000498","url":null,"abstract":"","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":" 39","pages":"f1 - f5"},"PeriodicalIF":0.7,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138611384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Chair's Summary Report of State Expert Meeting on International Humanitarian Law: Protecting the Environment in Armed Conflicts","authors":"","doi":"10.1017/s1816383123000486","DOIUrl":"https://doi.org/10.1017/s1816383123000486","url":null,"abstract":"The “State Expert Meeting on International Humanitarian Law: Protecting the Environment in Armed Conflicts”, organized by Switzerland and the International Committee of the Red Cross (ICRC) for States party to the Geneva Conventions, was held in early 2023. The meeting brought together nearly 400 experts from ministries of defence, the environment and foreign affairs from over 120 countries to share national experiences, challenges and good practices related to the protection of the environment in armed conflicts. In addition, expert resource persons from the UN Environment Program, the UN International Law Commission and the International Union for Conservation of Nature supported the exchanges. The meeting's purpose was to progress on the national implementation of international humanitarian law relating to the protection of the natural environment in armed conflicts. The Chair's Summary prepared by Switzerland and the ICRC reviews the contents of the meeting, including the good practices shared, and can be drawn upon to enhance environmental protection in war. It can be found in Arabic, Chinese, English, French, Russian and Spanish at: www.icrc.org/en/document/chairs-summary-report-state-expert-meeting-ihl-protecting-natural-environment-armed .","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"6 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136228664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Elaine (Lan Yin) Hsiao, Adrian Garside, Doug Weir, Andrew J. Plumptre
{"title":"Protected zones in context: Exploring the complexity of armed conflicts and their impacts on the protection of biodiversity","authors":"Elaine (Lan Yin) Hsiao, Adrian Garside, Doug Weir, Andrew J. Plumptre","doi":"10.1017/s1816383123000450","DOIUrl":"https://doi.org/10.1017/s1816383123000450","url":null,"abstract":"<p>Protected areas safeguard biodiversity of global ecological importance, even throughout armed conflicts. The International Law Commission's Principles on Protection of the Environment in Relation to Armed Conflicts propose that certain ecologically important areas could be designated as protected zones during armed conflicts. This article uses a geospatial analysis of armed conflicts and Key Biodiversity Areas and three case studies to inform recommendations on how the protection of ecologically important areas could be enhanced through visibility, local actors and international stakeholders as part of a broader interpretation of a protected zone.</p>","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"5 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138518608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Above the law: Drones, aerial vision and the law of armed conflict – a socio-technical approach","authors":"Shiri Krebs","doi":"10.1017/s1816383123000413","DOIUrl":"https://doi.org/10.1017/s1816383123000413","url":null,"abstract":"<p>Aerial visuals play a central – and increasing – role in military operations, informing military decision-makers in real time. While adding relevant and time-sensitive information, these visuals construct an imperfect representation of people and spaces, placing additional burdens on decision-makers and creating a persuasive – yet misleading – virtual representation of the actual conditions on the ground. Based on interdisciplinary analysis of critical security studies, behavioural economics and international law literature, as well as rich data from US and Israeli military investigations into four military operations spanning from 2009 to 2021, this article identifies three types of challenges stemming from the mounting reliance on aerial visuals to inform military operations: technical challenges, relating to the technical capabilities and features of aerial vision technologies; cognitive challenges, relating to decision-making biases affecting human decision-makers; and human-technological challenges, relating to the human–machine interaction itself. The article suggests ways to mitigate these challenges, improve the application of the law of armed conflict, and protect people, animals and the environment during armed conflicts.</p>","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"50 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138518598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Detention by Non-State Armed Groups under International Law By Ezequiel Heffes *","authors":"","doi":"10.1017/s1816383123000474","DOIUrl":"https://doi.org/10.1017/s1816383123000474","url":null,"abstract":"In this iteration of the Review 's “Beyond the Literature” series, we have invited Ezequiel Heffes to introduce his recent book Detention by Non-State Armed Groups under International Law , before then posing a series of questions to Tilman Rodenhäuser, René Provost, Mariana Chacón Lozano and Katharine Fortin, who have agreed to serve as discussants of the book. Tilman Rodenhäuser is a Legal Adviser at the International Committee of the Red Cross (ICRC), with particular expertise in non-State armed groups (NSAGs) and detention. René Provost is the James McGill Professor of Law at McGill University and has written extensively on public international law, including his recent monograph Rebel Courts: The Administration of Justice by Armed Insurgents. 1 Mariana Chacón Lozano has served as the Operational Legal Coordinator for the ICRC in Colombia since October 2020 and has worked for the ICRC since 2011. Katharine Fortin is Associate Professor at the Netherlands Institute of Human Rights within the Faculty of Law, Economics and Governance of Utrecht University. The Review team is grateful to all four discussants, and to Ezequiel, for taking part in this engaging conversation.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"16 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134954005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Re-evaluating international humanitarian law in a triple planetary crisis: New challenges, new tools","authors":"Britta Sjöstedt, Karen Hulme","doi":"10.1017/s1816383123000449","DOIUrl":"https://doi.org/10.1017/s1816383123000449","url":null,"abstract":"Abstract In the face of the triple planetary crisis, which includes climate change, biodiversity loss and environmental degradation, there is growing recognition that the environment needs to be re-evaluated and better protected. Recent developments, such as a values assessment by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), 1 the concept of biocultural rights and the acknowledgment of granting rights to nature, emphasize the intrinsic value of the environment and endorse the understanding of the interconnectedness between humans and non-human entities. These developments are also increasingly evident in legal frameworks; for instance, several domestic legal systems now accept the rights of nature and grant legal standing to natural entities. This expansion in our understanding of the environment challenges the traditional anthropocentric focus of international law, which has primarily prioritized human rights and interests, perceiving humans as having dominance over nature and the liberty to harness its resources. Simultaneously, international environmental law is increasingly recognizing the interdependence of ecosystems and species. This acknowledgment drives the promotion of approaches to environmental management and conservation that centre around ecosystems and local communities. The present article looks at how to reconcile these heightened environmental values and the legal norms in armed conflict by examining two examples: the safeguarding of protected areas and the restoration of the environment post-conflict. By analyzing the changing values and legal developments in this area, the article offers legal and practical tools to support the protection of nature's intrinsic value in future warfare.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"50 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135584909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}