Relevant bibliographies by topics / Humanitarian law

Academic literature on the topic 'Humanitarian law'

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Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Humanitarian law"

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Pellandini, Cristina. "Derecho Humanitario Internacional – International humanitarian law." International Review of the Red Cross 27, no. 261 (December 1987): 676–78. http://dx.doi.org/10.1017/s0020860400061374.

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Odello, M. E. "Humanitarian Law." Journal of Conflict and Security Law 6, no. 2 (December 1, 2001): 294–96. http://dx.doi.org/10.1093/jcsl/6.2.294.

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Meurant, Jacques. "International humanitarian law in the contemporary world – From traditional humanitarian law to expanded humanitarian law." International Review of the Red Cross 32, no. 288 (June 1992): 318–20. http://dx.doi.org/10.1017/s0020860400070698.

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Bywater, Matthew. "Classical and Political Humanitarianisms in an Era of Military Interventionism and the War on Terror." Journal of International Humanitarian Legal Studies 8, no. 1-2 (August 1, 2017): 33–112. http://dx.doi.org/10.1163/18781527-00801005.

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This paper scrutinises the modus operandi of classical and political humanitarianism: the use of ambiguity and prescription to frame calls for international action to protect civilians, and public commentary on jus in bello and jus ad bellum. It does so by innovatively considering the perspectives of belligerents alongside those of humanitarian actors, so as to identify how belligerents have responded to the two humanitarian modus operandi, and to ascertain the connection of humanitarian actors to the wars and international military interventions that they have implicitly or explicitly called for or endorsed. The paper finds that the response of belligerents differs from what both classical and political humanitarians expect. Even where humanitarians maintain ambiguity, the intention to will military action remains present and even the documentation and reporting of violence will bolster military intervention. Such consequences will be perceptible to belligerents, who may restrict humanitarian space. When humanitarians advance jus ad bellum perspectives, the humanitarian identity envisioned by classicists is not necessarily compromised. But belligerents are positively influenced by such perspectives only when those perspectives coincide with their own position.
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Alley, Roderic. "Humanitarian Law Compliance." Journal of International Humanitarian Legal Studies 12, no. 2 (September 17, 2021): 169–97. http://dx.doi.org/10.1163/18781527-bja10032.

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Abstract Ensuring humanitarian law compliance and repression of its violations receives constant reiteration but to mixed effect. While international judicial, jurisprudential and investigatory modalities have advanced, requisite State level competencies exhibit marked variability. This paper devotes most attention to disadvantaged States – those that, for whatever reason, lack the judicial, institutional or administrative capacity to ensure humanitarian law compliance and repression of its violations. Here a profile of 46 States is selected for review, 20 of which are identified as impacted by previous or continuing forms of armed conflict. Data from the World Justice Project’s 2020 Rule of Law Index is utilised. Chosen indicators assess individual State legislative, judicial, due process, and criminal investigatory capacities as perceived and recorded by local publics and individual experts. A comparative evaluation of this data reveals differences within profiles of disadvantaged States. They are investigated to better comprehend humanitarian law compliance challenges facing such States. They include international cooperation, utilisation of amnesties, and the conduct of armed non-state actors. The paper’s central thesis is that humanitarian law compliance, and repression of its violations, remains inadequate without remediation of the capacity impediments evident in disadvantaged States.
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Human Rights Law in Africa, Editors. "INTERNATIONAL HUMANITARIAN LAW." Human Rights Law in Africa Online 1, no. 1 (2004): 93–96. http://dx.doi.org/10.1163/221160604x00080.

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Grigaitė, Gabija. "Responsibility to Protect Concept and Conflict in International Law." Teisė 83 (January 1, 2012): 174–86. http://dx.doi.org/10.15388/teise.2012.0.106.

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Šiame straipsnyje analizuojami tarptautinės teisės konfliktai, susiję su humanitarine intervencija: konfliktas dėl humanitarinės intervencijos ir naujosios Pareigos apsaugoti koncepcijos sampratos; konfliktas dėl teisinio humanitarinės intervencijos teisės reglamentavimo skirtumų universaliu ir regioniniu lygmeniu bei konfliktas dėl humanitarinės intervencijos kaip teisingo karo vertinimo šiuolaikinėje tarptautinėje teisėje. Daugiausio dėmesio skiriama naujajai Pareigos apsaugoti koncepcijai ir jos įtakai humanitarinės intervencijos teisėtumo bei humanitarinės intervencijos kaip teisingo karo vertinimui šiuolaikinėje tarptautinėje teisėje. This article focuses on three conflicts surrounding humanitarian intervention: first of all, conflict in the concept of humanitarian intervention and new concept Responsibility to protect; then conflict in legal regulation of humanitarian intervention on universal and regional levels and finally conflict in legitimacy of humanitarian intervention. The Responsibility to protect concept and its implications for legality and legitimacy of humanitarian intervention in international law are the main object of the article.
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Herby, Peter. "Arms transfers, humanitarian assistance and international humanitarian law." International Review of the Red Cross 38, no. 325 (December 1998): 685–91. http://dx.doi.org/10.1017/s0020860400091567.

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The International Committee of the Red Cross has witnessed in its work for war victims throughout the world the increasingly devastating effects for civilian populations of the proliferation of weapons, particularly small arms. The difficulties of providing humanitarian assistance in an environment where arms have become widely available to many segments of society are well known to most humanitarian relief agencies today. However, until recently the relationships between the availability of weapons, the worsening situation of civilians during and after conflict and the challenges of providing humanitarian assistance have not been addressed directly.
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Human Rights Law in Africa, Editors. "RECOMMENDATIONS [ON HUMANITARIAN LAW]." Human Rights Law in Africa Online 1, no. 1 (2004): 835–36. http://dx.doi.org/10.1163/221160604x00990.

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JIA, Bing Bing. "Customary International Humanitarian Law." Chinese Journal of International Law 4, no. 2 (January 1, 2005): 739–41. http://dx.doi.org/10.1093/chinesejil/jmi034.

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Dissertations / Theses on the topic "Humanitarian law"

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Rana, Naomi. "Humanitarian intervention and the use of force." Thesis, Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17546205.

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Ewing, Michelle. "Justifying humanitarian intervention." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26196.

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The time is ripe for a re-examination of the doctrine of humanitarian intervention, and in particular, of its legal basis in international law. This thesis attempts to draw attention to the significance of the decision to justify humanitarian intervention in a certain way, and to some of the implications of that decision.
The thesis compares the two justificatory options which seem to be most appropriate to the multilateralism of the post-Cold War era: collective humanitarian intervention under Chapter VII of the UN Charter and mulitilateral humanitarian intervention under customary international law. It reviews recent state practice, arguing that a mulitilateral right to intervene for the protection of human rights is emerging at custom.
After critically analysing humanitarian intervention's justification under the Charter, the thesis concludes that the better way to justify the doctrine, both in principle and in practice, is under customary law.
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Beneke, Méchelle. "The validity of humanitarian intervention under international law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/305.

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The study which follows considers the current approach to State sovereignty, use of force, and human rights, in order to determine the balance which exists between these concepts. A shift in this balance determines the direction of development of the concept of ‘humanitarian intervention.’ The investigation establishes that State sovereignty and certain human rights are at a point where they are viewed as equal and competing interests in the international arena. This leads to the question of whether or not the concept of humanitarian intervention has found any acceptance in international law. It is determined that the right to intervention rests exclusively with the United Nations Security Council. There are, however, obstacles to United Nations action, which necessitate either taking action to remove the obstacles, or finding an alternative to United Nations authorized action. The alternatives provided are unilateral interventions by regional organizations, groups of States or individual States, with interventions by regional organizations being favoured. The study further discusses the requirements which would make unilateral action more acceptable. These same requirements provide a standard against which the United Nations can measure its duty to intervene. Such an investigation was done by the International Commission on Intervention and State Sovereignty, and a synopsis of its Report and Recommendations are included. Finally, the question of responsibility is addressed. State and individual responsibility for two separate types of action are considered. The responsibility of States and individuals for initiating an intervention is considered under the topic of the crime of aggression. The responsibility of States and individual for exceeding the mandate of a legitimate intervention is considered under the heading of war crimes.
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Aksar, Yusuf. "The 'ad hoc' tribunals and international humanitarian law." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/405a48d5-52b6-4cea-894e-30c7a402faed.

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Tsagourias, Nikolaos K. "The theory and praxis of humanitarian intervention." Thesis, University of Nottingham, 1996. http://eprints.nottingham.ac.uk/10916/.

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The aim of this thesis is to analyse the conceptual foundations of the doctrine of humanitarian intervention and scrutinise the pertinent practice within the identified lego-philosophical framework. The present study is organised into three major sections. The first section contains the theory of humanitarian intervention and it has been subdivided into four chapters which represent the main legal theories. The pursued analysis is, thus, manifold. It proceeds with a theoretical appraisement of natural law, positivism, realism, and critical legal studies by presenting and evaluating their main dispositions, inadequacies and interrelations. Additionally, those trends in the practice of humanitarian intervention which coincide with the identified theoretical tenets are also appraised. The thrust of the pursued analysis is, we hope, to rationalise the contradiction in legal doctrine which stems from the different philosophical stances adopted by legal theorists. These contradictions could be surmised in the antithetical poles of peace/justice; human rights/sovereignty. The next section could be introduced as the praxis of humanitarian intervention and contains two chapters. Having identified the arguments and contradictions, two articles of the United Nations Charter which attempt to control the notion of humanitarian intervention by legal means are analysed; that is, Article 2(4) on the non-use of force and Article 51 on self-defence. The diversified effectuation of humanitarian intervention renders the identified contradictions and opposing theoretical trends more evident. However, our aim is not merely to deconstruct the legal and philosophical milieu relating to humanitarian intervention but also to present a new framework for analysis. Consequently, the last two chapters contain our phronesis. They deal with the assumption of human dignity which transgresses the compartmentalisation of legal doctrine and its unreflective actualisation in the praxis of humanitarian intervention. At this point, the aim of the present research is to substitute a sterile lego-philosophical dogmatism and to submit under scrutiny a vision whereby the critical parameters of any humanitarian action are evaluated and accounted for. This, we hope, consists of the innovative aspect of this research. The existing lego-philosophical approach to humanitarian intervention – negative or positive - suffers from an unreflective automation. The negative approach submits any relevant action to strictly defined criteria compliance with which is conditio sine qua non for legality. On the other hand, the positive approach encounters greater difficulties. It weighs any humanitarian action according to certain criteria but disguises its value choices within the legal context. The fear of incommensuration in legal argument invites indecisive and restrained attitudes. In contradistinction, our approach entails an explicit aim of attaining human dignity which redirects our reflective nature towards distinguishing and deconcretising the manifold aspects which humanitarian actions contain. Instead of monolithic evaluations, one should see in any humanitarian action the values which are at stake and what should be done in order to ameliorate the situation.
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Loos, Clemens. "The convergence and divergence of International Humanitarian Law and International Human Rights Law." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6236_1182745813.

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In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both branches of law, the protection of human rights, is common, but the approach to reach this aim is different. In this regard, I show numerous points of divergence of both branches of law which have their origin in the fundamentally different historical developments of International Humanitarian Law and International Human Rights Law. I give the main attention to the application of both sets of law, whereby the contractions and legal gaps of the protection of human rights become apparent. The proposals dealing with the solution of these issues are discussed. I argue that a new legal instrument for a comprehensive and compatible protection of human rights is necessary, especially in times of internal strife. Regarding the question as to whether International Humanitarian Law or International Human Rights Law should apply if both branches are applicable, I take the view to apply the roman principle of law lex specialis derogat legi generali in such a way that the more specific rule whenever they have a specific justification for dealing with specific problems is applicable. Both branches of law do not merge to one, but they converge to a harmonious relationship, where they complement each other and provide the highest protection of human rights.

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Thomas, Kathryn Michelle. "United Nations forcible humanitarian intervention, international law and politics /." Title page, contents and abtract only, 1998. http://web4.library.adelaide.edu.au/theses/09AR/09art4584.pdf.

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Cho, Sihyun. "Applicability of international humanitarian law to internal armed conflicts." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245162.

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Provost, Rene. "International human rights and humanitarian law : fusion or confusion?" Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285439.

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Milkeraitytė, Kristina. "Private Military and Security Companies and Their Personnel in the Context of International Humanitarian Law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20090629_101808-18164.

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The tendency after the end of the Cold war to downsize national armies on the one hand and persistent armed conflicts in unstable African, Near East and Balkan regions on the other created opening conditions for the revival and rapid evolvement of the private business structures that provide military and security services. Prevailing viewpoint that PMSCs and their personnel represent the new form of the mercenary is not correct from the IHL perspective and could lead to serious human rights abuses. Numerous cases and analysis of the scholar literature shows that inaccurate qualification of the PMSCs’ employees’ status results into deprivation of certain scope of protection from private contractors. Moreover, since there are no accountability and control mechanisms, a high risk for the abuses and impunity for violations of the IHL occurs. Present master thesis aims to analyze international legal status of the PMSCs and their personnel in the context of armed conflict. It also assesses conformity of the existing practice to the IHL norms. In order to conclude a comprehensive research, author provides historical perspective of the warfare privatization, surveys factors that contributed to the outsourcing of military functions, defines what is PMSC, what are their types and capacity of each type, highlights distinguishing features between mercenaries and private contractors and gives a review of the contemporary practice of their use in the armed conflicts. Hypothesis that... [to full text]
Pasibaigus Šaltajam karui išryškėjusi tendencija valstybėms mažinti savo ginkluotąsias pajėgas ir nuolatiniai kariniai konfliktai nestabiliuose Afrikos, Artimųjų Rytų, Balkanų regionuose sudarė palankias sąlygas atgyti ir sparčiai plėtotis privačių, karines ir saugumo paslaugas teikiančių, kompanijų verslui. Vyraujantis požiūris, kad PKSK-jų darbuotojai atstovauja naują samdinystės formą nėra teisiškai korektiškas ir gali lemti grubius žmogaus teisių pažeidimus. Gausi praktika bei mokslinės literatūros analizė rodo, kad privačių kompanijų darbuotojų teisinis statusas klaidingai ir skirtingai kvalifikuojamas pagal tarptautinę humanitarinę teisę. Viena vertus tai sąlygoja kad kompanijų darbuotojams nesuteikiama jiems priklausanti apsauga. Antra vertus, nesant aiškių tarptautinės PKSK-jų atskaitomybės ir kontrolės mechanizmų, susidaro sąlygos piktnaudžiavimui bei nebaudžiamumui už įvykdytus nusikaltimus. Šiame magistro baigiamajame darbe siekiama išanalizuoti PKSK-jų ir jų darbuotojų tarptautinį teisinį statusą ginkluotų konfliktų metu ir įvertinti egzistuojančios praktikos atitikimą tarptautinės humanitarinės teisės normoms. Siekiant atlikti išsamų tyrimą, iškelti uždaviniai pateikti istorinę karo privatizacijos apžvalgą, aptarti procesą skatinančius faktorius, apibrėžti, kas yra PKSK, kokie jų tipai ir kiekvieno iš jų kompetencija, išryškinti skiriamuosius privačių karių ir samdinių bruožus bei apžvelgti dabartinę praktiką šioje srityje. Remiantis pirmine literatūros analize... [toliau žr. visą tekstą]
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Books on the topic "Humanitarian law"

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Gail, Gardam Judith, ed. Humanitarian law. Aldershot, Hants, England: Ashgate, Dartmouth, 1999.

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Security, Canadian Institute for International Peace and. International humanitarian law. Ottawa, Ont: Canadian Institute for International Peace and Security, 1991.

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Blishchenko, I. P. International humanitarian law. Moscow: Progress, Publishers, 1987.

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Jan, Mohammad Naqib Ishan. International humanitarian law. Gombak, [Kuala Lumpur]: IIUM Press, 2015.

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Blishchenko, I. P. International humanitarian law. Moscow: Progress Publishers, 1989.

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1924-, Carey John, Dunlap William V, and Pritchard R. John, eds. International humanitarian law. Ardsley, N.Y: Transnational Publishers, 2003.

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Preux, Jean De. International humanitarian law: Synopses. Geneva: International Committee of the Red Cross, 1996.

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Doswald-Beck, Louise, Jean-Marie Henckaerts, and Carolin Alvermann. Customary international humanitarian law. Cambridge: Cambridge University Press, 2005.

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Sarooshi, Danesh. Humanitarian intervention and international humanitarian assistance: Law and practice. London: HMSO, 1994.

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Fischer, H., and Avril McDonald, eds. Yearbook of International Humanitarian Law. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-745-6.

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Book chapters on the topic "Humanitarian law"

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Pataraia, David. "International humanitarian law." In International Law, 1050–105. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003213772-17.

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McDermott, Ronan. "Disaster Law." In International Humanitarian Action, 197–208. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-14454-2_11.

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Vaišvilienė, Renata. "International Humanitarian Law." In International Humanitarian Action, 155–71. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-14454-2_9.

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Bailey, Sydney D. "International Humanitarian Law." In War and Conscience in the Nuclear Age, 91–134. London: Palgrave Macmillan UK, 1987. http://dx.doi.org/10.1007/978-1-349-18866-6_5.

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Bailey, Sydney D. "International Humanitarian Law." In The UN Security Council and Human Rights, 59–89. London: Palgrave Macmillan UK, 1994. http://dx.doi.org/10.1007/978-1-349-23701-2_3.

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Altgelt, Jan. "International Humanitarian Law." In Extraterritorial Apprehensions for the International Criminal Court, 163–89. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-45896-5_5.

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Kaczorowska-Ireland, Alina. "International humanitarian law." In Public International Law, 758–814. 6th ed. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003186977-17.

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Heidemann, Frauke. "International Humanitarian Law." In An International Law Perspective on Harry Potter, 33–66. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-57571-6_3.

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Hehir, Aidan. "International Law and Human Rights." In Humanitarian Intervention, 95–121. London: Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-30157-4_6.

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Thielbörger, Pierre. "International Criminal Law." In International Humanitarian Action, 173–95. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-14454-2_10.

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Conference papers on the topic "Humanitarian law"

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Badollahi, Muhammad, Nasaruddin Mera, and Muhammad Hanafi. "The Role of Islamic Law to Humanitarian Law." In Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.26-9-2020.2302584.

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Vladimirovich, Kholikov Ivan, Mamedova Irada Akhatovna, and Tatarinov Victor Victorovich. "International humanitarian law in space peculiarities of the implementation of international humanitarian law norms in space." In XLV ACADEMIC SPACE CONFERENCE, DEDICATED TO THE MEMORY OF ACADEMICIAN S.P. KOROLEV AND OTHER OUTSTANDING NATIONAL SCIENTISTS — PIONEERS OF SPACE EXPLORATION. AIP Publishing, 2023. http://dx.doi.org/10.1063/5.0108336.

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Syrtseva, S. "Peculiarities of accounting for humanitarian aid during martial law." In international scientific-practical conference. MYKOLAYIV NATIONAL AGRARIAN UNIVERSITY, 2024. http://dx.doi.org/10.31521/978-617-7149-78-0-83.

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The work examines the specifics of legislative and regulatory support for humanitarian aid and its accounting during the period of martial law. The procedure for recognition of humanitarian aid has been established. Options for displaying receipts and transferring them to the final recipient on accounting accounts have been considered.
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Martynenko, Evgeny. "PROBLEMS OF CORRELATION BETWEEN INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW." In 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/hb11/s02.052.

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Khasanofa, Auliya, and Muhammad Zulhidayat. "Indonesian Democracy: Folk Party or Humanitarian Tragedy?" In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.023.

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Silva, Bárbara Thaís Pinheiro, Priscila Carolina Pellens, and Isabela de Castro Andrade da Silva. "The arms trade treaty and illicit trade under international humanitarian law." In II INTERNATIONAL SEVEN MULTIDISCIPLINARY CONGRESS. Seven Congress, 2023. http://dx.doi.org/10.56238/homeinternationalanais-056.

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Abstract The Arms Trade Treaty was the first legally binding multilateral instrument restricting the transfer of conventional arms, with the aim of reducing violations of human rights and humanitarian principles and the commission of crimes - such as genocide, war crimes and crimes against humanity - caused by irresponsible or illegal arms transfers. Despite the inclusion of humanitarian norms as criteria for the authorization and monitoring of international arms transfers, the lack of signature and/or ratification of half of the ten largest arms exporters restricts the application of the Treaty, which already has its effectiveness compromised due to the lack of objectivity in the export criteria and by illegal arms transfers. Therefore, this work aims to reflect on the content, achievements, weaknesses and omissions of the text, as well as on ways to improve the norms of the Treaty, from the point of view of International Humanitarian Law. The research uses the deductive method, through the technique of bibliographic and documentary research. We conclude that, despite representing an advance in the international regulation of the trade in conventional weapons, it is still not sufficient to deal with the complexity imposed by reality, especially with regard to the detour and dissemination of armaments and the resulting abuses against International Humanitarian Law due to armed conflicts.
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Moreira, Ana Camila, Bárbara Thaís Pinheiro Silva, Camila Venturim Ribeiro dos Santos, Haya Jabbour, Júlia Cuozzo Appel, Nicole Ribeiro Neves, Nicolle Francine Bigochinski Lima, and Tatiana Polycarpo S. Ibarra. "War on terror and the application of international humanitarian law." In III SEVEN INTERNATIONAL MULTIDISCIPLINARY CONGRESS. Seven Congress, 2023. http://dx.doi.org/10.56238/seveniiimulti2023-217.

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It is difficult to pinpoint where terrorism begins in history, not least because there is no general consensus on the term, as mentioned above. This leaves room for different interpretations of what terrorism is. What we can say is that even though this practice predates the September 11 attack, after this event, the word "terrorism" became known to the general population.
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Pavlov, V. O. "International humanitarian law in the context of modern military conflicts." In WORLD ECONOMY AND CIVILIZATIONAL PROGRESS AMIDST POLYSTRUCTURAL CHANGES: ECONOMIC-TECHNOLOGICAL, RESOURCE, POLITICAL-LEGAL, SECURITY-SOCIAL FACTORS. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-412-2-63.

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Fedulkina, Irina. "International experience in preventing genocide through humanitarian intervention." In Development of legal systems of Russia and foreign countries : problems of theory and practice. ru: Publishing Center RIOR, 2023. http://dx.doi.org/10.29039/02110-1-169-177.

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In this article, the author reveals the international experience of preventing or ending genocide through humanitarian military intervention. Noting the current trends in the development of international law, military-legal and humanitarian-legal doctrines on the aspects under consideration, the author defines the place of humanitarian intervention in modern international law.
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Zeng, Chen. "Determination of Schools' Responsibility in School Accidents From the Prospective of Comparative Law Between Chinese Law and Korean Law." In Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/jahp-19.2019.46.

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Reports on the topic "Humanitarian law"

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Raju, Nivedita, and Laura Bruun. Integrating Gender Perspectives into International Humanitarian Law. Stockholm International Peace Research Institute, August 2023. http://dx.doi.org/10.55163/qilu7567.

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International humanitarian law (IHL) aims to limit the impacts of armed conflict through rules and protections. However, while IHL seemingly accords protection to ‘all persons’, it may fail to do so, especially on the basis of gender. In turn, failure to include gender perspectives in IHL can result in inaccurate assessments of civilian harm. This paper explores the missing gender perspectives in IHL and proposes that they be integrated with intersectional considerations. The paper first examines inherent gender bias in the wording of certain IHL rules, highlighting several issues including gender essentialism, limited distinction between sex and gender, and the need to overcome a binary approach to gender to ensure adequate protections for the LGBTQIA+ community. The paper also examines key rules of IHL which are particularly sensitive to bias in interpretation and application, including certain rules on weapons, the rules guiding the conduct of hostilities, and obligations to provide legal advice and legal training to the armed forces. Finally, the paper concludes with action points to more effectively integrate intersectional gender perspectives into IHL.
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Lewis, Dustin, Naz Modirzadeh, and Gabriella Blum. Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism. Harvard Law School Program on International Law and Armed Conflict, September 2015. http://dx.doi.org/10.54813/hwga7438.

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The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. Against this backdrop, we evaluate international humanitarian law (IHL) protections for wartime medical assistance concerning terrorists. Through that lens, we expose gaps and weaknesses in IHL. We also examine tensions between IHL and state responses to terrorism more broadly. In studying the IHL regime applicable to medical care, substantive fragmentation and gaps in legal protection between states and across types of conflict emerge. These ruptures are not new. But they are increasingly noticeable as terrorism is more frequently conceptualized as forming part of armed conflicts and as more states undertake aggressive responses to terrorist threats. The U.N. Security Council has been a key driver of these responses, requiring member states to take more and broader steps to obviate terrorist threats. Yet so far the Council has not required that, in doing so, states fully exempt impartial wartime medical care, even in circumstances that would render such care protected under IHL. Rather, the Council seems to consider providing medical assistance and supplies to al-Qaeda and its associates as at least a partial ground for designating those who facilitate such care as terrorists themselves. The overall result today is unsatisfactory. By prosecuting physicians for supporting terrorists through medical care in armed conflicts, some states are likely violating their IHL treaty obligations. But in certain other instances where states intentionally curtail impartial medical care there is no clear IHL violation. Both those actual IHL violations and the lack of clear IHL violations, we think, are cause for concern. The former represent failures to implement the legal regime. And the latter highlight the non-comprehensiveness - or, at least, the indeterminateness and variability - of the normative framework.
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Burniske, Jessica, and Naz Modirzadeh. Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action & Comment on the Study. Harvard Law School Program on International Law and Armed Conflict, March 2017. http://dx.doi.org/10.54813/kecj6355.

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To help determine the measurable impact of counterterrorism laws on humanitarian action, the Counterterrorism and Humanitarian Engagement (CHE) Project at the Harvard Law School Program on International Law and Armed Conflict collected data from humanitarian actors demonstrating the impact (or lack thereof) of counterterrorism laws and regulations on humanitarian organizations and their work. The Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action (by Jessica S. Burniske and Naz K. Modirzadeh, March 2017) captures the resulting initial attempt at a pilot empirical study in this domain. Modirzadeh wrote a Comment on the Study (March 2017). That Comment raises considerations for states and donors, for humanitarian organizations, and for researchers.
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Lewis, Dustin, Naz Modirzadeh, and Jessics Burniske. The Counter-Terrorism Committee Executive Directorate and International Humanitarian Law: Preliminary Considerations for States. Harvard Law School Program on International Law and Armed Conflict, March 2020. http://dx.doi.org/10.54813/qiaf4598.

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In developing international humanitarian law (IHL), States have aimed in part to lay down the primary normative and operational framework pertaining to principled humanitarian action in situations of armed conflict. The possibility that certain counterterrorism measures may be instituted in a manner that intentionally or unintentionally impedes such action has been recognized by an increasingly wide array of States and entities, including the United Nations Security Council and the U.N. Secretary-General. At least two aspects of the contemporary international discourse on intersections between principled humanitarian action and counterterrorism measures warrant more sustained attention. The first concerns who is, and who ought to be, in a position to authentically and authoritatively interpret and apply IHL in this area. The second concerns the relationships between IHL and other possibly relevant regulatory frameworks, including counterterrorism mandates flowing from decisions of the U.N. Security Council. Partly in relation to those two axes of the broader international discourse, a debate has emerged regarding whether the U.N. Security Council may authorize one particular counterterrorism entity — namely, the Counter-Terrorism Committee Executive Directorate (CTED) — to interpret and assess compliance with IHL pertaining to humanitarian action in relation to certain counterterrorism contexts. In a new legal briefing for the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), Dustin A. Lewis, Naz K. Modirzadeh, and Jessica S. Burniske seek to help inform that debate by raising some preliminary considerations regarding that possibility. The authors focus on the possible implications of States and other relevant actors pursuing various responses or not responding to this debate. One of the authors’ goals is to help raise awareness of this area with a focus on perspectives drawn from international law. Another is to invite a broader engagement with the question of the preservation of the humanitarian commitments laid down in IHL in a period marked by a growing number — and a deepening — of the intersections between situations of armed conflict and measures to suppress terrorism.
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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.

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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.

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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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Kelly, Luke. Humanitarian Considerations in Disarmament, Demobilisation and Reintegration (DDR). Institute of Development Studies, July 2022. http://dx.doi.org/10.19088/k4d.2022.106.

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This rapid literature review finds that disarmament, demobilisation and reintegration (DDR) raises a number of humanitarian considerations, centred on the treatment of participants and the unintended consequences of the programmes. In particular, DDR undertaken during conflicts is linked to several protection risks and is difficult to implement in a neutral, equitable and humanitarian manner. By humanitarian concerns, this report means: • Some of the functions undertaken in DDR, • Humanitarian risks to individuals in DDR programmes, • Indirect risks of conflict arising from DDR programmes; DDR is a broad and multi-faceted process involving security, humanitarian and development aspects and actors, with wide-ranging impacts. Humanitarian actors do not undertake DDR, but they may support some DDR processes, and maybe affected by DDR or its effects. According to UN guidance and the academic literature, successful DDR will consider socio-economic conditions in the community, as well as for the ex-combatants. It should be attuned to the range of needs of participants and should abide by relevant international law. The political dynamics of a conflict or post-conflict situation shape the success of DDR. It was first used in post-conflict situations, but the increasing use of DDR in ongoing conflicts creates new difficulties. The failure or partial implementation creates many humanitarian problems. This may arise from a lack of resources; competing authorities (and particularly the co-option of DDR for war aims); ongoing conflict and instability; mistakes in implementation; and socio-economic conditions unconducive to successful reintegration. Unsuccessful DDR may see partially demobilised actors remain dangerous, or may fuel new grievances around the perceived unfairness of granting support to former combatants. There is a large body of evidence on the successes and failures of DDR programmes, how they vary over time and across contexts, and guidance on how to implement DDR. Relatively little refers explicitly to humanitarian concerns, but many of the issues covered can be characterised as humanitarian. DDR has been employed in many situations since the 1980s, meaning that it is not possible to comprehensively survey the guidance or case study evidence. Instead, this review focuses on the main areas where DDR can be said to raise humanitarian concerns, with a particular focus on the problems raised by DDR in ongoing conflicts.
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Siampakou, Niki. Victims of Terrorism and Reparation: Applying the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation. ICCT, December 2023. http://dx.doi.org/10.19165/2023.2.09.

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While victims of terrorism undergo significant harm, there is currently no specific legal framework addressing their right to reparation. Certain regional provisions focus on establishing compensation funds under national law but do not explicitly acknowledge an existing right to reparation which includes restitution, compensation, rehabilitation, satisfaction, and guarantees of non repetition. To fill this gap, this Policy Brief argues that the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Principles and Guidelines) should be applicable to terrorism victims. The brief initially explores the absence of an internationally proclaimed right to reparation for this category of victims. Subsequently, it illustrates that considering the shared characteristics between victims of terrorism and those of international crimes, gross violations of International Human Rights Law, or serious violations of International Humanitarian Law as well as the common elements between terrorism and international crimes, gross violations of human rights and humanitarian law, the UN Basic Principles and Guidelines should extend to victims of terrorism. This application is seen as a recognition of their right to reparation, fulfilling states’ responsibility to provide a comprehensive framework for the harm suffered by victims and consequently enhancing the international protection of terrorism victims.
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Rees, Albert C. U.S. Military Commissions and Fundamental Guarantees for the Accused: Fixing the Rules to Meet Minimum Standards of International Humanitarian Law. Fort Belvoir, VA: Defense Technical Information Center, July 2002. http://dx.doi.org/10.21236/ada405041.

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Rassokha, Ekaterina. LEGAL PROBLEMS OF INTERNATIONAL SECURITY IN THE CURRENT ENVIRONMEN. Intellectual Archive, August 2021. http://dx.doi.org/10.32370/iaj.2559.

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The article reflects the main views on international security problems in the legal aspect and identified actual problems and contradictions in the application and compliance with international humanitarian law norms.
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