Relevant bibliographies by topics / International Humanitarian Law

Academic literature on the topic 'International Humanitarian Law'

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Published: 4 June 2021
Last updated: 31 July 2024

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Journal articles on the topic "International 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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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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Henckaerts, J. "International humanitarian law as customary international law." Refugee Survey Quarterly 21, no. 3 (October 1, 2002): 186–93. http://dx.doi.org/10.1093/rsq/21.3.186.

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Stroun, Jacques. "International criminal jurisdiction, international humanitarian law and humanitarian action." International Review of the Red Cross 37, no. 321 (December 1997): 623–34. http://dx.doi.org/10.1017/s002086040007772x.

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Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.
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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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Fleck, Dieter. "CUSTOMARY INTERNATIONAL HUMANITARIAN LAW." Military Law and the Law of War Review 44, no. 1-2 (December 2005): 244–52. http://dx.doi.org/10.4337/mllwr.2005.1-2.11.

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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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Kalshoven, F. "From International Humanitarian Law to International Criminal Law." Chinese Journal of International Law 3, no. 1 (January 1, 2004): 151–61. http://dx.doi.org/10.1093/oxfordjournals.cjilaw.a000506.

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Kuijt, Emilie E., and Stefanie Jansen-Wilhelm. "International Humanitarian Assistance and International Law." Tilburg Law Review 18, no. 2 (January 1, 2013): 83–85. http://dx.doi.org/10.1163/22112596-01802003.

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Lubis, Muhammad Ikhsan. "The Relationship of International Human Rights Law with International Humanitarian Law in Situations of International Armed Conflicts." Journal of Indonesian Legal Studies 1, no. 1 (August 15, 2017): 13–34. http://dx.doi.org/10.15294/jils.v1i01.16565.

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The existence between International Humanitarian Law and Human Rights Law has a different feel from each other, though equally universal. As an example of mistreatment of prisoners of war committed by US Occupation Forces in Iraq, surely all countries say it is an international crimes (war crimes). This paper would discuss concerning how the relationship the International Human Rights with International Humanitarian Law in Situations of International Armed Conflicts. The paper argued that the relationship between human rights and humanitarian law can be distinguished but not separated. The principles of the UDHR can apply to the International Humanitarian Law, but some of the principles of the UDHR and limited humanitarian law apply in times of peace and times of armed conflict alone. Argued that the gap between International Humanitarian Law by the Human Rights bridged together through the enactment of the principles of human rights and humanitarian law principles that cannot be postponed.
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Dissertations / Theses on the topic "International 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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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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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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Godoy, Wilson Magdalena Sofia. "Sexual violence in armed conflict under international law: The interplay between international humanitarian law human rights law and international criminal law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/56998.

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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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Kazemi, Abadi Alireza. "Reaffirmation and development of customary international humanitarian law by international criminal tribunals." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/reaffirmation-and-development-of-customary-international-humanitarian-law-by-international-criminal-tribunals(df866a57-9959-4706-888e-737e75e68d2b).html.

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The codifying of international humanitarian law (IHL) that began in the mid-nineteenth century has not diminished the importance of customary international humanitarian law (CIHL), at least, in filling the gaps between the needs of the victims of armed conflicts and the inadequacies of conventional law. This is fully reflected in the case-law of international criminal tribunals (ICTs) where customary law has been extensively applied in areas that are not sufficiently regulated by treaty provisions or where the parties to armed conflicts were not parties to similar treaties. This study mainly focuses on the contributions of the judicial decisions of the ICTs to the current state of CIHL. It examines how the decisions have reaffirmed certain rules of CIHL or, when applicable, how they have influenced the subsequent development of CIHL. It also seeks to analytically study the rules of IHL identified as customary in the decisions of ICTs. In the course of research, the customary definition of non-international armed conflicts (NIACs), tests for determining internationalized armed conflicts, customary content of war crimes, and their application to NIACs are discussed in greater details. It is argued that the ICTs contribute to customary rules by way of reaffirmation and development. They develop CIHL through judicial interpretation or practical application of existing laws to new cases. CIHL has the advantages of flexibility in formation and universality in application. The case-law of ICTs, however, clearly reveals that the prime advantage of CIHL is its constituent elements and the prerogative that the ICTs can exercise in identifying customary rules. The ICTs deliberately choose combinations of the elements of opinio juris and State practice to draw the rules that they consider to be suitable for protecting the victims of armed conflicts. The methodology has been occasionally criticized to be ultra vires law-making. This research shows that the methodology is still definable in the positivist views to international law-making, though they have managed to develop CIHL beyond its traditional boundaries to cover areas of IHL, such as NIACs where States have been traditionally reluctant to develop.
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Sonczyk, Barbara. "The anatomy of the war crime of attacking peacekeepers under international humanitarian law and international criminal law." Thesis, University of Westminster, 2014. https://westminsterresearch.westminster.ac.uk/item/964w0/the-anatomy-of-the-war-crimeof-attacking-peacekeepersunder-internationalhumanitarian-law-andinternational-criminal-law.

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This thesis is concerned with the analysis of the war crime of attacking peacekeeping missions under international humanitarian law and international criminal law. The Rome Statute of the International Criminal Court criminalises “(…) intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict”. However, the exact scope of application of this war crime is unclear and controversial due to the overlap of three different fields of international law: international criminal law, international humanitarian law and United Nations law. These distinct bodies of law have their own principles, objectives and logic and might not necessarily be in perfect harmony with each other at this particular point. Major complexities linked to it include the definition of a peacekeeping mission in accordance with the Charter of the United Nations, the status of peacekeeping personnel and objects under international humanitarian law, and the scope of peacekeepers’ right to self-defence. The central research question that this thesis addresses is about the compatibility of this war crime with the system of international law. This is answered in the affirmative. The contribution to knowledge that this thesis offers relates to critical studies on international criminal law, international humanitarian law and the United Nations system. The thesis clarifies the scope of application of the war crime of attacking personnel and objects involved in a peacekeeping mission in accordance with the United Nations Charter. This is the first comprehensive analysis of the overlap of legal regimes with respect to this war crime, which can assist courts in application of the rules relating to the protection of peacekeeping missions.
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Books on the topic "International Humanitarian Law"

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

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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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Peters, Karin, ed. Yearbook of International Humanitarian Law. The Hague: T.M.C. Asser Press, 1998. http://dx.doi.org/10.1007/978-90-6704-747-0.

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Book chapters on the topic "International 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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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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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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Mikos-Skuza, Elżbieta. "Public International Law." In International Humanitarian Action, 123–40. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-14454-2_7.

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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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Conference papers on the topic "International Humanitarian Law"

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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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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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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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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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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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Polischuk, Sergey. "The phenomenon of private military companies in the system of international humanitarian law." In Development of legal systems of Russia and foreign countries : problems of theory and practice. ru: Publishing Center RIOR, 2023. http://dx.doi.org/10.29039/02110-1-137-141.

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The article examines the place of private military and security companies involved in armed conflicts from the point of view of international humanitarian law and formulates proposals for determining their status.
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Belenko, Alisa. "Features Of The Implementation Of International Humanitarian Law Rules In Muslim Countries." In SCTCMG 2019 - Social and Cultural Transformations in the Context of Modern Globalism. Cognitive-Crcs, 2019. http://dx.doi.org/10.15405/epsbs.2019.12.04.45.

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Reports on the topic "International 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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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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4

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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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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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, 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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8

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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9

Bruun, Laura, Marta Bo, and Netta Goussac. Compliance with International Humanitarian Law in the Development and Use of Autonomous Weapon Systems: What does IHL Permit, Prohibit and Require? Stockholm International Peace Research Institute, March 2023. http://dx.doi.org/10.55163/dfxr3984.

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It is undisputed that the development and use of autonomous weapon systems (AWS) must comply with international humanitarian law (IHL). However, how IHL rules should be interpreted and applied in the context of AWS remains, in some respects, unclear or disputed. With a particular focus on human–machine interaction, this report aims to facilitate a deeper understanding of this issue. Informed by an in-person expert workshop that SIPRI convened in November 2022 and contributions to the international policy discussion on AWS, the report maps areas of common ground and identifies aspects that warrant further clarification concerning what key rules of IHL, particularly those guiding the conduct of hostilities, permit, prohibit and require in the development and use of AWS. In doing so, the report provides a baseline for policymakers to advance discussions around what types and uses of AWS are (or should be) prohibited or regulated under existing IHL.
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Bo, Marta, Laura Bruun, and Vincent Boulanin. Retaining Human Responsibility in the Development and Use of Autonomous Weapon Systems: On Accountability for Violations of International Humanitarian Law Involving AWS. Stockholm International Peace Research Institute, October 2022. http://dx.doi.org/10.55163/ahbc1664.

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It is undisputed that humans must retain responsibility for the development and use of autonomous weapon systems (AWS) because machines cannot be held accountable for violations of international humanitarian law (IHL). However, the critical question of how, in practice, humans would be held responsible for IHL violations involving AWS has not featured strongly in the policy debate on AWS. This report aims to offer a comprehensive analysis of that very question. This report explores how the two central frameworks structuring the ascription of responsibility for IHL violations—namely the rules governing state responsibility and individual criminal responsibility—apply to the development and use of AWS. The report aims to help policymakers (a) deepen their understanding of the conditions necessary to hold states and individuals accountable for IHL violations; (b) identify issues that would make IHL violations involving AWS development and use potentially difficult to discern, scrutinize and attribute; and (c) formulate policy measures that could help uphold respect for IHL and reduce challenges to holding actors legally responsible.
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