Relevant bibliographies by topics / War (International law)

Academic literature on the topic 'War (International law)'

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Published: 4 June 2021
Last updated: 29 July 2024

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Journal articles on the topic "War (International law)"

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Smith, L. V. "War, International Law, and International Relations." German History 33, no. 4 (April 8, 2015): 646–51. http://dx.doi.org/10.1093/gerhis/ghv062.

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CONTRERAS, FRANCISCO J., and IGNACIO DE LA RASILLA. "On War as Law and Law as War." Leiden Journal of International Law 21, no. 3 (September 2008): 765–82. http://dx.doi.org/10.1017/s092215650800530x.

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A locus classicus of international law, the study of the regulation of the legality of the use of force has an unavoidable ring of tragic fanciness about it. War, as acknowledged by David Kennedy in the very first sentence of his book, is indeed ‘a profound topic – like truth, love, death or the divine’. A Pandora's box of multiple distilled intellectual emotions behind which lurk the horrid memories of its survivors, war only truly breathes in the mirrors of the mutilated, in the eyes of the tortured, in the memories of the displaced, in withering flowers over graves crowned, most of the time, by religious symbols. A vague intellectual scent of it, a sort of aseptic intellectual variant, still remains, nonetheless, a field of professional interest for international lawyers.
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Greenwood, C. "War, Terrorism, and International Law." Current Legal Problems 56, no. 1 (January 1, 2003): 505–30. http://dx.doi.org/10.1093/clp/56.1.505.

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Buchan, R., and N. Tsagourias. "Cyber War and International Law." Journal of Conflict and Security Law 17, no. 2 (July 1, 2012): 183–86. http://dx.doi.org/10.1093/jcsl/krs016.

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Freeman, Shirley E., and Helen Ormiston Smith. "War and international humanitarian law." Medicine, Conflict and Survival 13, no. 2 (April 1997): 116–24. http://dx.doi.org/10.1080/13623699708409326.

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Johnson. "The Great War and International Law on War." Soundings: An Interdisciplinary Journal 101, no. 3 (2018): 255. http://dx.doi.org/10.5325/soundings.101.3.0255.

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Pietkiewicz, Michał. "Pre-emptive war under international law." Studia nad Autorytaryzmem i Totalitaryzmem 39, no. 4 (May 25, 2018): 69–79. http://dx.doi.org/10.19195/2300-7249.39.4.6.

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PRE-EMPTIVE WAR UNDER INTERNATIONAL LAW The thesis is devoted to problems associated with the international legal regulation of pre-emptive war. It is quite obvious that this phenomenon has a logical context revealed in national security policies individual states pursue for themselves. In this regard, analysis was made of the prerequisites for the emergence of a new doctrine of pre-emptive war, and here analysis of the “Bush Doctrine” made it possible to reveal the characteristics of pre-emptive war. In addition, the article pays precise attention to the problem of correlation between the characteristics of pre-emptive war and preventive war. It has been separately established that the current stage of international legaliz­ation of pre-emptive war requires significant improvement in mechanisms preventing this phenom­enon and the development of a system of sanctions. Important conclusions are drawn regarding the prospects for international consolidation and implementation of the pre-emptive war doctrine in the systems of international law.
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Sinha, Manoj Kumar. "Hinduism and international humanitarian law." International Review of the Red Cross 87, no. 858 (June 2005): 285–94. http://dx.doi.org/10.1017/s1816383100181342.

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AbstractThis article examines the relationship between Hinduism and war and the extent to which the fundamental concepts of humanitarian law are recognized in Hinduism. After reviewing the sources of Hinduism, it considers the permissibility and types of war in ancient India, explores the rules of warfare and investigates whether war was a matter of course or regarded as a ruler's last choice. It then sets out the humanitarian principles that already applied at that time. Finally, it considers how far the concepts of Hinduism have helped in the development of international humanitarian law.
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Roth, Brad R. "War Law: Understanding International Law and Armed Conflict." American Journal of Legal History 49, no. 3 (July 2007): 347–48. http://dx.doi.org/10.1093/ajlh/49.3.347.

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Donaldson, Megan. "Peace, war, law: teaching international law in contexts." International Journal of Law in Context 18, no. 4 (November 22, 2022): 393–402. http://dx.doi.org/10.1017/s1744552322000350.

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AbstractThis essay takes up the question of what it is to teach international law ‘in context’, drawing on experiences of teaching undergraduate survey courses in the US and UK, and designing a new LLM module on Histories of International Law. The essay begins with an exploration of teaching as a particular context of its own – one with constraints which might also function as foils for creativity. It then sketches some aspects of what teaching international law ‘in context(s)’ might involve, including the ways in which contexts of different kinds put in question one's theory of law, and vice versa. It turns, finally, to an examination of the promise and limits of interdisciplinarity – particularly recourse to history as a discipline – in illuminating contexts.
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Dissertations / Theses on the topic "War (International law)"

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Schultz, Sarah J. "The just war or just a war : a proposal for ethical joint doctrine of war /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Sep%5FSchultz.pdf.

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Thesis (M.A. in Security Studies (Civil-Military Relations))--Naval Postgraduate School, September 2005.
Thesis Advisor(s): Karen Guttieri. Includes bibliographical references (p. 89-95). Also available online.
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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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Akbar, Muqarrab. "Pakistan at crossroads : war against terrorism and international law." Thesis, Glasgow Caledonian University, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.676475.

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This thesis examines the contribution of Pakistan in the war on terror and problems faced by Pakistan due to this War. It explores selected legal issues of the War on Terror, particularly those relevant to Pakistan. To achieve this, the existing literature on Pakistan's decision to join the War, Pakistan's contribution in the War and its effects on the country are analysed. The research is focused on the Pak-US relations and selected aspects of International Law. A field work through interviews, short sample survey and focus groups are conducted to investigate the opinion of the people in Pakistan regarding the War. Through a snapshot of the history, this thesis examines the phenomenon of terrorism. It provides a general understanding of the phenomenon of Terrorism and examines the roots of terrorism in Pakistan particularly with reference to the Afghanistan factor. The study shows that Pakistan's support and contribution in the War on Terror have incited anti-war sentiments at home, whereas its sacrifice and efforts in countering terrorism have not been recognised at the international level. This study explains that both the internal factors and external dynamics are playing a negative role in achieving the objectives of the War on Terror. Some attention is paid to selected aspects of International Law especially those that have affected the Pak-US strategic partnership in general and the War on Terror in particular, such as drone strikes and violation of Human rights. The thesis shows how the divided public opinion in Pakistan has affected the War on Terror. The successive divergence of interests between Pakistan and US resulted into mistrust between the partners, and in turn, in achieving the objectives of the War on Terror. It also shows that the Policy makers in Pakistan have been unsuccessful in getting the public opinion on board regarding the policies of the War. The thesis concludes that Pakistan's strategic foundations, US policies and the Indian threat are fundamental problems in the alliance with US in the War against Terrorism. There is, therefore, a need to redefine and restructure the Pakistan's foreign policy in general and in the War on Terror in particular to help in mitigating the issue of terrorism in the country.
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Elbakry, Mohamed Mokbel Mahmud. "The legality of "war" in Al-Shariʼa Al-Islamiya (the Islamic law) and contemporary international law compararative study /." Connect to e-thesis, 1987. http://theses.gla.ac.uk/666/.

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Thesis (Ph.D.) - University of Glasgow, 1987.
Ph.D. thesis submitted to the Department of Public International Law, Faculty of Law, 1987. Includes bibliographical references. Print version also available.
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Zawātī, Ḥilmī. "Just war, peace and human rights under Islamic and international law." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28236.

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The present thesis attempts a critical examination of the theory of war under Islamic and public international law, in an effort to demonstrate that jihad is a just, defensive, and exceptional form of warfare, geared to the maintenance of peace, and the protection of human rights for all people, whether those rights be exercised alone or in association with others, without distinction as to race, sex, language or religious belief. Through an examination of the norms of Islamic and public international law on armed conflict, this thesis argues that Islamic law, which governs the doctrine of jihad, is realistic and practical. Further, it made a great contribution to international humanitarian law more than a millennium before the codification of the four Geneva Conventions of 1949, and eight centuries before the appearance of Hugo Grotius treatise "De jure belli ac pacis libri tres" in 1625.
Furthermore, this comparative study reveals that the word jihad might be one of the most misunderstood terms in the history of Islamic legal discourse. This analysis also claims that the division of the world into dar al-Islam (territory of Islam) and dar al-harb (territory of war), which is not predicated on a state of mutual hostility, was dictated by particular events, and was not imposed by scripture. Moreover, this discussion provides that Islamic humanitarian law regulates conduct during a jihad on the basis of certain humane principles, compatible with those upon which modern international conventions are based. Finally, this thesis concludes that there is a unique relationship between jihad and the notion of just war, a matter which qualifies it as the bellum justum of Islam.
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O'Keefe, Roger. "Law, war and 'the cultural heritage of all mankind'." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270870.

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Sellars, Kirsten. ""Crimes against peace" and international law." Thesis, University of Aberdeen, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=133994.

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The Nuremberg Judgment on the leaders of Nazi Germany proclaimed ‘crimes against peace’ – the planning and waging of aggressive wars – to be ‘the supreme international crime’.  This charge was premised on two innovative ideas: that aggressive war was a crime, and that individuals could be held responsible for it. Although heralded as an historic milestone at the time, it turned out to be a transient legal anomaly.  At the Nuremberg Tribunal, the number of acquittals, coupled with the relative leniency of the sentences, indicated the judges’ unease about convicting on the basis of ‘crimes against peace’.  At the Tokyo Tribunal, some judges questioned the validity of the charge and filed dissents.  Legal observers, meanwhile, were outspoken in their criticisms, and argued that it was an ex post facto enactment, selectively applied. Aside from retroactivity and selectivity, the main difficulty arose from the internal contradictions within the charge itself, which rendered it unsustainable as a component of international law.  On jurisdiction, it enhanced the sovereignty of nations by protecting them against aggression, while simultaneously undermining sovereignty by subjecting leaders to international law.  On enforcement, while judicialising punishment after the event, it simultaneously de-legitimised both aggression and attempts to prevent it.  These weaknesses were confirmed by the failure of ‘crimes against peace’ to become part of customary international law. If the Rome Statute is amended to include ‘crime of aggression’ within the International Criminal Court’s operative remit, these latter problems are likely to occur.
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Schub, Robert Jay. "Certainty and War." Thesis, Harvard University, 2016. http://nrs.harvard.edu/urn-3:HUL.InstRepos:33493541.

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Does greater certainty about an adversary’s attributes cause peace? What states believe they can secure through force dictates the diplomatic settlements they will accept. In prevailing accounts which preclude assessment errors, certainty promotes peace as states can readily identify agreements preferable to war. Yet, empirically, high-certainty assessments often contribute to bargaining failure, rather than success. This dissertation resolves the tension. Assessments are not objectively given; leaders must form them through subjective processes. Consistent with behavioral studies, leaders are often more certain than available information warrants. Incorporating these overprecision errors, I show certainty can increase the risk of war. Hence, the relationship between certainty and war is conditional. Whether estimates are overprecise depends on the information leaders receive from advisers who have specialized expertise due to a division of labor. Failure to tap into this expertise generates overprecise estimates. This is particularly likely when leaders fail to gather information pertinent to an adversary’s political (versus military) attributes by marginalizing a state’s diplomats—such as US State Department officials. Bureaucracies affect state behavior through the substantive expertise they provide, not through parochial preference divergences which dissipate during crises. To test the argument I construct a measure of certainty using an original corpus of declassified security documents from US Cold War crises. Quantitative tests using the measure demonstrate that State Department officials provide assessments with less certainty than counterparts and the relationship between certainty and conflict is conditional on the State Department’s role. When State Department officials are heavily involved, certainty leads to peace; when marginalized, certainty is likely due to overprecision and leads to war. Case studies of the Bay of Pigs and Iraq War assess implications that elude quantitative testing. Presidents marginalized diplomats, privileging CIA estimates in 1961 and Pentagon estimates in 2003. Each agency offered high-certainty estimates over political attributes affecting conflict outcomes: popular uprisings in Cuba and stability in post-Saddam Iraq. Overprecision is not a matter of hindsight as marginalized advisers invoked greater uncertainty before hostilities commenced. Integrating behavioralist and rationalist approaches offers greater explanatory power in quantitative tests and provides insights into historical cases that are puzzling for extant theories. Moreover, the dissertation shows that certainty is not strictly welfare enhancing and flags policy conditions conducive to assessment errors and costly foreign policy blunders.
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Ramey, Robert A. "Space warfare and the future law of war." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0030/MQ55106.pdf.

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Hedkvist, Elin. "Girls and Boys at War : Child Soldiers in International Law." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-9453.

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The recruitment, enlistment and use of children younger than fifteen to participate actively in hostilities is prohibited in customary international law as well as in several international legal instruments. The use of child soldiers is, despite of the prohibition, a widespread phenomenon with 300 000 as the estimated number of child soldiers in national armies as well as in various rebel and insurgent groups in the world today. Although the problem is world-wide; most recent focus have been on Africa where children have served and still serve in ongoing conflicts in various functions including but not limited to front line soldiers, messengers, guards and sex-slaves. Many of the world‟s child soldiers are girls that are facing the risks of sexual abuse and discrimination. In this thesis the 1996-2002 civil war in Sierra Leone will serve as an example of a conflict were children were used as soldiers.Prohibition against the use of child soldiers can be found in international legal instruments in both human rights law and international humanitarian law. It can also be found in instruments in the fields of international labor law and prohibition against slavery. The provisions differ in their definition of a child soldier; concerning age limit as well as the child‟s function during the conflict. There are also differences in the responsibility of states to protect children against being used as soldiers. This particularly affects girl soldiers since they often have their primary tasks behind the front line and thus are not usually included in the more narrow definitions of child soldiers.Two courts; the International Criminal Court (ICC) and the Special Court for Sierra Leone (SCSL) are used as examples of enforcement mechanisms. The SCSL as being the first court to deliver convictions for the use of child soldiers as well as thoroughly discussing the illegality of the use of child soldiers has been of importance in the fight against the use of child soldiers. The ICC will be the enforcement mechanism of the future and it has already prosecuted for the use of child soldiers. The SCSL has raised the awareness and started the struggle against impunity for those responsible for using child soldiers but it is the ICC that will have to continue the fight, although with some obstacles to overcome.

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Books on the topic "War (International law)"

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Byers, Michael. War law: International law and armed conflict. London: Atlantic Books, 2005.

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Simpson, Gerry J. Law, war and crime: War crimes trials and the reinvention of international law. Cambridge: Polity, 2007.

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Simpson, Gerry J. Law, war and crime: War crimes trials and the reinvention of international law. Cambridge: Polity, 2007.

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Gathii, James Thuo. War, commerce, and international law. New York: Oxford University Press, 2010.

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Yoram, Dinstein, and Tabory Mala, eds. War crimes in international law. The Hague: M. Nijhoff Publishers, 1996.

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Bederman, David J. International law frameworks. New York, N.Y: Foundation Press, 2001.

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1890-1970, Wright Quincy, and Falk Richard A, eds. The international law of civil war. Clark, N.J: Lawbook Exchange, 2010.

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Wolf, Willem-Jan van der. War crimes and international criminal law. Edited by International Courts Association. The Hague, The Netherlands: International Courts Association, 2010.

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der, Wolf René van, and Wolf Willem-Jan van der, eds. Laws of war and international law. Nijmegen: Wolf Legal Publications (WLP), 2002.

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Phil, Shiner, and Williams Andrew 1963-, eds. The Iraq War and international law. Oxford: Hart Pub., 2008.

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Book chapters on the topic "War (International law)"

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Ipsen, Knut. "Perspectives of International Humanitarian Law." In From Cold War to Cyber War, 9–18. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-19087-7_2.

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Corn, Geoffrey, Ken Watkin, and Jamie Williamson. "International humanitarian law application." In The Law in War, 4–25. Abingdon, Oxon [UK]; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315693408-2.

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Corn, Geoffrey S., Ken Watkin, and Jamie Williamson. "International humanitarian law application." In The Law in War, 1–35. 2nd ed. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003167051-1.

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Lülf, Charlotte. "Non-refoulement in International Refugee Law, Human Rights Law and Asylum Laws." In From Cold War to Cyber War, 167–86. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-19087-7_12.

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Hampson, Françoise. "Law and War." In International Perspectives on the Yugoslav Conflict, 148–75. London: Palgrave Macmillan UK, 1996. http://dx.doi.org/10.1007/978-1-349-24541-3_9.

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Corn, Geoffrey S., Ken Watkin, and Jamie Williamson. "International humanitarian law and human rights law." In The Law in War, 62–109. 2nd ed. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003167051-3.

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Jarvad, Ib Martin. "Mathematical Thinking and International Law." In Mathematics and War, 367–89. Basel: Birkhäuser Basel, 2003. http://dx.doi.org/10.1007/978-3-0348-8093-0_20.

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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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Khan, Daniel-Erasmus. "Civil–Military Relations and International Law." In From Cold War to Cyber War, 265–71. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-19087-7_18.

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Al-Dawoody, Ahmed. "Islamic International Humanitarian Law." In The Islamic Law of War, 107–46. New York: Palgrave Macmillan US, 2011. http://dx.doi.org/10.1057/9780230118089_5.

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Conference papers on the topic "War (International law)"

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Watney, Murdoch. "Challenges pertaining to cyber war under international law." In 2014 Third International Conference on Cyber Security, Cyber Warfare and Digital Forensic (CyberSec). IEEE, 2014. http://dx.doi.org/10.1109/cybersec.2014.6913962.

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Noshadha, Sam, and Mariia Duka. "Sport sanctions in war situations under international law." In Congresul Ştiinţific Internaţional "Sport. Olimpism. Sănătate". State University of Physical Education and Sport, Republic of Moldova, 2022. http://dx.doi.org/10.52449/soh22.89.

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Когда понятие “спорт” изменится на “современный спорт”, многие факторы, такие как определение и подход, изменятся. Одним из вопросов современного спорта является военная ситуация и принятие решений о наложении санкций на целевую сторону международного спортивного мероприятия другими международными спортивными организациями в соответствии с международным правом. В этой статье авторы сравнили различные взгляды на спортивные санкции; история санкций в Древней Греции; Олимпийское Перемирие; практика спортивных санкций на Олимпийских играх; понимание терминологии и доктрин войны и санкций; различия между отстранением, бойкотом и запретом в спортивных санкциях; текущая (2022 г.) практика применения санкций к российским и белорусским спортивным командам из-за вторжения в Украину, а также анализ и уточнение аргументов относительно этих санкций, которые выдаются международными спортивными организациями во главе с Международным олимпийским комитетом; “умные” санкции и то, как защищаются права спортсменов, которые уважают lexsportiva из государств, на которые распространяются санкции, на участие в международных спортивных мероприятиях; положительные последствия спортивных санкций как урок для государств, которые нарушают lexsportivа.
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Едреев, Тамерлан Шайх-Магомедович. "CYBER WAR AS A CRIME IN INTERNATIONAL CRIMINAL LAW." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Май 2020). Crossref, 2020. http://dx.doi.org/10.37539/vt185.2020.33.37.035.

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Развитие международного уголовного права происходит с учетом современных реалий, в которых противостояние государств зачастую приобретает формы войны в киберпространстве, при этом такого рода атаки имеют высокую опасность. В связи с этим в данной статье предпринята попытка определения кибервойны как нового вида преступления в международном уголовном праве. The development of international criminal law takes into account modern realities, in which the confrontation of states often takes the form of war in cyberspace, while such attacks are of high danger. In this regard, this article attempts to define cyber warfare as a new type of crime in international criminal law.
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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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Grung, Micheline Egge. "THE RESORT TO MILITARY FORCE, INTERNATIONAL LAW, AND THE JUST WAR TRADITION." In Proceedings of the Forty-Ninth Pugwash Conference on Science and World Affairs. WORLD SCIENTIFIC, 2001. http://dx.doi.org/10.1142/9789812799647_0065.

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Gabrielli, Giulia. "INDIVIDUAL CRIMINAL RESPONSIBILITY OF NON-STATE ACTORS OPERATING IN CYBERSPACE FOR WAR CRIMES UNDER THE ICC STATUTE." In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28268.

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Contemporary armed conflict has witnessed an increased employment of digital technologies in the conduct of hostilities. While there is broad consensus on the full applicability of the rules and principles of international humanitarian law (IHL) to the “fifth domain” of warfare, many issues remain debated. More specifically, digital technologies allow a wide range of actors other than States – such as individuals, “hacktivists”, criminal groups, non-State armed groups – to play a role in the hostilities and engage in cyber operations that have the potential of harming civilians or damaging civilian infrastructure and that may amount to serious violations of IHL. Against this backdrop, this paper seeks to examine the legal grounds upon which hostile cyber operations carried out by non-State actors (NSAs) could constitute war crimes, thus entailing their individual criminal responsibility under international law. Hence, the analysis will focus on the applicability of the war crimes provisions of the Rome Statute of the International Criminal Court (ICC) to such operations, with a view to identifying the prerequisites necessary to trigger the ICC’s jurisdiction. To this end, the first part will focus on the increased involvement of NSAs in the conduct of hostilities by cyber means, taking the recent conflict between Russia and Ukraine as a pertinent case study. Subsequently, the paper will explore the conditions necessary for the application of Article 8 of the ICC Statute, with special attention devoted to those aspects that are deemed particularly problematic in light of the participation of NSAs in armed conflict. Finally, the paper seeks to highlight the limits of possible future investigations of cyber conducts possibly amounting to war crimes. These encompass not only issues of admissibility, but also the statutory limits of the Rome Statute when it comes to war crimes provisions applicable to noninternational armed conflicts.
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Petrukha, Sergii, and Roman Miakota. "DEBT POLICY DURING MARTIAL LAW AND POST-WAR RECONSTRUCTION." In International Scientific Conference Modern Science: Global Trends, Technologies and Innovations. Publishing House “Baltija Publishing”, 2023. http://dx.doi.org/10.30525/978-9934-26-354-5-4.

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Li, Angang. "The Formation of the Bipolar Structure of International Finance after World War II." In 3rd International Conference on Economics, Management, Law and Education (EMLE 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/emle-17.2017.26.

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Rahulina, K. A. "War Lessons from Ukraine: implications for the international security framework and the tenets of international humanitarian law." In SCIENTIFIC INNOVATIONS IN LAW AMIDST THE IMPACT OF THE RUSSIAN-UKRAINIAN WAR ON THE LEGAL SYSTEM. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-409-2-48.

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Macak, Kubo. "From the vanishing point back to the core: The impact of the development of the cyber law of war on general international law." In 2017 9th International Conference on Cyber Conflict (CyCon). IEEE, 2017. http://dx.doi.org/10.23919/cycon.2017.8240333.

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Reports on the topic "War (International law)"

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Boelaert-Suominen, Sonja A. J. International Environmental Law and Naval War Newport paper no. 15. Fort Belvoir, VA: Defense Technical Information Center, December 2000. http://dx.doi.org/10.21236/ada422385.

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Lewis, Dustin, Gabriella Blum, and Naz Modirzadeh. Indefinite War: Unsettled International Law on the End of Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, February 2017. http://dx.doi.org/10.54813/yrjv6070.

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Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a decisive determination eludes many others. The lack of fully-settled guidance often matters significantly. That is because international law tolerates, for the most part, far less violent harm, devastation, and suppression in situations other than armed conflicts. Thus, certain measures governed by the laws and customs of war—including killing and capturing the enemy, destroying and seizing enemy property, and occupying foreign territory, all on a possibly large scale—would usually constitute grave violations of peacetime law. This Legal Briefing details the legal considerations and analyzes the implications of that lack of settled guidance. It delves into the myriad (and often-inconsistent) provisions in treaty law, customary law, and relevant jurisprudence that purport to govern the end of war. Alongside the doctrinal analysis, this Briefing considers the changing concept of war and of what constitutes its end; evaluates diverse interests at stake in the continuation or close of conflict; and contextualizes the essentially political work of those who design the law. In all, this Legal Briefing reveals that international law, as it now stands, provides insufficient guidance to precisely discern the end of many armed conflicts as a factual matter (when has the war ended?), as a normative matter (when should the war end?), and as a legal matter (when does the international-legal framework of armed conflict cease to apply in relation to the war?). The current plurality of legal concepts of armed conflict, the sparsity of IHL provisions that instruct the end of application, and the inconsistency among such provisions thwart uniform regulation and frustrate the formulation of a comprehensive notion of when wars can, should, and do end. Fleshing out the criteria for the end of war is a considerable challenge. Clearly, many of the problems identified in this Briefing are first and foremost strategic and political. Yet, as part of a broader effort to strengthen international law’s claim to guide behavior in relation to war and protect affected populations, international lawyers must address the current confusion and inconsistencies that so often surround the end of armed conflict.
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.

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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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Lewis, Dustin, Naz Modirzadeh, and Gabriella Blum. War-Algorithm Accountability. Harvard Law School Program on International Law and Armed Conflict, August 2016. http://dx.doi.org/10.54813/fltl8789.

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In War-Algorithm Accountability (August 2016), we introduce a new concept—war algorithms—that elevates algorithmically-derived “choices” and “decisions” to a, and perhaps the, central concern regarding technical autonomy in war. We thereby aim to shed light on and recast the discussion regarding “autonomous weapon systems” (AWS). We define “war algorithm” as any algorithm that is expressed in computer code, that is effectuated through a constructed system, and that is capable of operating in relation to armed conflict. In introducing this concept, our foundational technological concern is the capability of a constructed system, without further human intervention, to help make and effectuate a “decision” or “choice” of a war algorithm. Distilled, the two core ingredients are an algorithm expressed in computer code and a suitably capable constructed system. Through that lens, we link international law and related accountability architectures to relevant technologies. We sketch a three-part (non-exhaustive) approach that highlights traditional and unconventional accountability avenues. We focus largely on international law because it is the only normative regime that purports—in key respects but with important caveats—to be both universal and uniform. In this way, international law is different from the myriad domestic legal systems, administrative rules, or industry codes that govern the development and use of technology in all other spheres. By not limiting our inquiry only to weapon systems, we take an expansive view, showing how the broad concept of war algorithms might be susceptible to regulation—and how those algorithms might already fit within the existing regulatory system established by international law.
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Hatch, Richard O. Restoring the Rule of Law in Post-War Iraq: Steps, Missteps and a Call to Maximize International Support for Iraqi-Led Processes. Fort Belvoir, VA: Defense Technical Information Center, March 2004. http://dx.doi.org/10.21236/ada424378.

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Lewis, Dustin, ed. A Compilation of Materials Apparently Reflective of States’ Views on International Legal Issues pertaining to the Use of Algorithmic and Data-reliant Socio-technical Systems in Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, December 2020. http://dx.doi.org/10.54813/cawz3627.

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This document is a compilation of materials that at least appear to be reflective of one or more states’ views on international legal issues pertaining to the actual or possible use of algorithmic and data-reliant socio-technical systems in armed conflict. In September of 2018, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) commenced a project titled “International Legal and Policy Dimensions of War Algorithms: Enduring and Emerging Concerns.”[1] The project builds on the program’s earlier research and policy initiative on war-algorithm accountability. A goal of the current project is to help strengthen international debate and inform policymaking on the ways that artificial intelligence and complex computer algorithms are transforming war, as well as how international legal and policy frameworks already govern, and might further regulate, the design, development, and use of those technologies. The project is financially supported by the Ethics and Governance of Artificial Intelligence Fund. In creating this compilation, HLS PILAC seeks in part to provide a resource through which the positions of states with divergent positions on certain matters potentially of international public concern can be identified. Legal aspects of war technologies are more complex than some governments, scholars, and advocates allow. In the view of HLS PILAC, knowledge of the legal issues requires awareness of the multiple standpoints from which these arguments are fashioned. An assumption underlying how we approach these inquiries is that an assessment concerning international law in this area ought to take into account the perspectives of as many states (in addition to other relevant actors) as possible.
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Goto, Junichi. The Migrant Workers in Japan from Latin America and Asia: Causes and Consequences. Inter-American Development Bank, March 2000. http://dx.doi.org/10.18235/0010753.

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The world has been increasingly interconnected both economically and politically ever since the end of the World War II. In addition to the increase in the movement of goods (international trade) and the movement of money (foreign investment), we have observed increased amount of movement of labor (international migration) in various parts of the world. For example, European countries, notably Germany and France, have accepted a large number of migrant workers from neighboring countries for many years. In the United States, huge number of migrant workers, both legal and illegal, have been flowing from various countries in Latin America and the Caribbean. While Japan had been a fairly closed country to foreigners for many years, the influx of migrant workers emerged in the mid-1980s when an economic boom brought about serious labor shortage created an economic boom. Initially, most of these foreign workers are illegal migrant workers from neighboring Asian countries. However, since the revision of the Japanese immigration law in 1990, there has been a dramatic influx of the Latin American of Japanese origin (Nikkei) because these people are now allowed to do whatever activities in Japan, including an unskilled work that is prohibited to foreigners in principle. The number of these Latin American migrants is estimated to be around 150,000 to 200,000. This paper analyzes the recent experiences in the economic and social impact of international migration from Latin America and Asia in Japan.
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Idris, Iffat. Preventing Atrocities in Conflict and Non-conflict Settings. Institute of Development Studies, August 2022. http://dx.doi.org/10.19088/k4d.2022.137.

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Atrocity prevention refers to activities to prevent atrocity crimes against civilians. These include genocide, war crimes, crimes against humanity and ethnic cleansing, and can take place in both conflict and non-conflict settings. This points to the need to prioritise and implement atrocity prevention specifically, and not just as part of conflict prevention efforts. Atrocity prevention interventions are broadly of two types: operational (short-term responses) and structural (addressing underlying causes/drivers). These encompass a wide range of approaches including: acting locally (with local actors taking the lead in prevention activities); tackling hate speech, and promoting an independent and strong media; documenting human rights violations, and prosecuting and punishing those responsible (establishing rule of law). The international community should prioritise atrocity prevention, but work in a united manner, take a comprehensive approach, and give the lead to local actors. Atrocity crimes generally develop in a process over time, and risk factors can be identified; these traits make atrocity prevention possible. This rapid review looks at the concept of atrocity prevention, how it is distinct from conflict prevention, the different approaches taken to atrocity prevention, and the lessons learned from these. The review draws on a mixture of academic and grey literature, in particular reports produced by international development organisations such as the United Nations (UN) and USAID. The literature was largely gender-blind (with the exception of conflict-related sexual violence) and disability-blind.
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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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TÜBA REPORT ON THE PALESTINIAN-ISRAELI WAR. Türkiye Bilimler Akademisi, December 2022. http://dx.doi.org/10.53478/tuba.978-625-8352-82-5.

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"This report, compiled with the initiatives of TÜBA International Relations Working Group, analyses the historical, current and future dimensions of the Israeli-Palestinian War in the light of theoretical literature and recent data. On 7 October 2023, the armed attacks by the military wing of Hamas targeting Israeli settlers and the ‘Operation Iron Swords’ launched by Israel in response to the attacks caused serious concerns in the international com- munity in the context of humanitarian crisis and global chaos. The multi-a- ctor nature, impact and historical origins of the Palestinian-Israeli War have made it necessary to examine this issue once again by focusing on historical ruptures. Israel’s disproportionate reprisals, violations of established inter- national norms and laws of war/conflict, and attacks on civilians, including hospitals, have had/are having serious repercussions on international rela- tions and the Middle East region in particular. The report’s findings indicate that the events in the region have led to an awareness of the humanitarian crises in the Palestinian territories. This has resulted in a shift away from the traditional power-oriented pro-Israel stance, following domestic protests by countries that rejected the humanitarian tragedy in the Gaza Strip. However, due to the unfair structural and institutional bias of national and internati- onal policy, individual, academic and freedom of expression are still under extreme pressure to protect Israel."
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