Artículos de revistas sobre el tema "Armed Conflict"
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BALCERZYK, Dorota. "SOCIAL CONFLICT AND ARMED CONFLICT – FORMS OF PREVENTION". Scientific Journal of the Military University of Land Forces 163, n.º 1 (2 de enero de 2012): 207–15. http://dx.doi.org/10.5604/01.3001.0002.3253.
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The article presents the educational aspect concerning armed conflicts. The author explains the issue of social conflicts, their conditions and reasons. The author also depicts the current threats of armed conflict. The chances and conditions required for conflict prevention are specified. The author strongly stresses the need of education with respect to the prevention and counteraction of armed conflicts.
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Guţan, Sabin. "Ukraine - Type of Armed Conflict". International conference KNOWLEDGE-BASED ORGANIZATION 22, n.º 2 (1 de junio de 2016): 329–36. http://dx.doi.org/10.1515/kbo-2016-0056.
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Abstract The armed conflict in Ukraine raises questions about the typology of armed conflicts and the application of international humanitarian law in modern armed conflicts. Many controversies are found at international level regarding the involvement of other countries in the armed conflict in Ukraine. In this study we intend to analyse facts and international norms regarding the armed conflict in Ukraine and establish the kind of conflict and therefore what the applicable rules of international law are.
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Nyaanga, Matthew y Zwelibanzi Mpehle. "A CRY IN THE WILDERNESS: WOMEN IN ARMED AFRICAN CONFLICTS". Commonwealth Youth and Development 13, n.º 2 (1 de junio de 2016): 36–54. http://dx.doi.org/10.25159/1727-7140/1145.
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The growing number of armed conflicts in Africa has impacted adversely on women who fall victims to violence, sexual abuse and harassment. Women play a minimal role as combatants during the armed conflicts and as peace negotiators after the armed conflicts. This article looks at the role women play in the pre-armed and post-armed conflict phases in an African context. Data for this article were gathered through questionnaires distributed to twenty women officers who participated in the Joint Senior Command and Staff Programme (JSCSP) at the South African National War College. The findings make it evident that women often participate unwillingly as combatants in an armed conflict; they face social changes in the post-armed conflict phase that make their roles change in both their families and communities, and often neglected in the postarmed conflict negotiations and conflict resolution processes.
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Ghimire, Ramesh y Susana Ferreira. "Floods and armed conflict". Environment and Development Economics 21, n.º 1 (5 de junio de 2015): 23–52. http://dx.doi.org/10.1017/s1355770x15000157.
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AbstractWe estimate the impact of large, catastrophic floods on internal armed conflict using global data on large floods between 1985 and 2009. The results suggest that while large floods did not ignite new conflict, they fueled existing armed conflicts. Floods and armed conflict are endogenously determined, and we show that empirically addressing this endogeneity is important. The estimated effects of floods on conflict prevalence are substantially larger in specifications that control for the endogeneity of floods, suggesting that treating natural disasters as exogenous phenomena may underestimate their impacts on sociopolitical outcomes.
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CRAWFORD, EMILY. "Unequal before the Law: The Case for the Elimination of the Distinction between International and Non-international Armed Conflicts". Leiden Journal of International Law 20, n.º 2 (21 de mayo de 2007): 441–65. http://dx.doi.org/10.1017/s092215650700413x.
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This article examines the possibility of creating a law of armed conflict that could be uniformly applied to both international and non-international armed conflict. The article looks at the history of modern armed conflict, and charts the progression of warfare from a predominantly interstate event to that which is more likely to be characterized as non-international or internal. The increasing prevalence of non-international armed conflicts throughout the twentieth century has lead to ongoing moves on behalf of the international community to bring the regulation of such conflicts further within the ambit of international regulation. With this in mind, the article argues that such moves have blurred the historical distinction between types of armed conflict to the point where the distinction could be eliminated altogether. By looking at international treaties, tribunals, and state practice, this article asserts that the law of armed conflict could be uniformly applied, with the aim of ensuring that all participants in armed conflict are equally and humanely treated.
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Loyle, Cyanne E. y Helga Malmin Binningsbø. "Justice during Armed Conflict". Journal of Conflict Resolution 62, n.º 2 (31 de julio de 2016): 442–66. http://dx.doi.org/10.1177/0022002716655441.
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While armed conflict is ultimately about violent interaction between combatant groups, a variety of policies are pursued in conjunction with violence that contribute to the course of conflict and its outcomes. One underdeveloped area of research is the use of judicial and quasi-judicial processes during armed conflict. These processes, including trials, truth commissions, reparations, amnesties, purges, or exiles, are directly related to the actions and abuses of the conflict itself—a phenomenon we refer to as during-conflict justice (DCJ). To enable researchers to answer questions about when and why governments and rebels resort to these strategies, and to what effect, we created a global, cross-national dataset which includes 2,205 justice processes implemented during 204 internal armed conflicts between 1946 and 2011. Using these data, this article investigates the conditions under which governments and rebels employ DCJ as well as the potential effects of DCJ usage on conflict dynamics and outcomes.
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Verweijen, Judith y Justine Brabant. "Cows and guns. Cattle-related conflict and armed violence in Fizi and Itombwe, eastern DR Congo". Journal of Modern African Studies 55, n.º 1 (2 de febrero de 2017): 1–27. http://dx.doi.org/10.1017/s0022278x16000823.
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ABSTRACTThis paper analyses the role of cattle in the entwined dynamics of conflict and violence in the Fizi and Itombwe region of South Kivu province, in the eastern Democratic Republic of the Congo. On the one hand, agropastoral conflict intensifies armed mobilisation, allowing armed groups to draw upon particular conflict narratives that generate popular and elite support. It also creates incentives for armed actors to engage in cattle-looting, or the defence against it, for both symbolic and material reasons. On the other hand, the presence of armed forces and the use of violence profoundly shape agropastoral conflicts. Importantly, they change the perceived stakes of these conflicts, and hamper their resolution. By showing that the relations between cattle-related conflict and armed activity are indirect, complex and mutual, the paper refines both theories on agropastoral conflict and those highlighting the role of local conflicts in fuelling violence in the eastern Congo.
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Ide, Tobias. "Rise or Recede? How Climate Disasters Affect Armed Conflict Intensity". International Security 47, n.º 4 (2023): 50–78. http://dx.doi.org/10.1162/isec_a_00459.
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Abstract Disasters play a key role in debates about climate change, environmental stress, and security. A qualitative comparative analysis (QCA) investigates how major climate-related disasters shape the dynamics of ongoing armed conflicts. Quantitative and qualitative data are presented for twenty-one cases across Africa, Asia, and the Middle East. After climate-related disasters, 29 percent of these armed conflicts escalated, 33 percent de-escalated, and 38 percent did not change. Furthermore, only countries highly vulnerable to disasters experienced changes in conflict dynamics. Armed conflicts tend to escalate when the disaster induces shifts in relative power, whereby one conflict party (usually the rebels) subsequently scales up its military efforts. But if at least one conflict party is weakened by a disaster and the other lacks the capability to exploit this change, armed conflict intensity declines. Findings provide empirical support for a proposed power differential mechanism connecting climate-related disasters to armed conflict dynamics via short-term shifts in power relations between the conflict parties. Climate change can also act as a threat reducer by temporarily causing lower conflict intensity.
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Bizău, Alina-Maria y Robert Stănciulescu. "Causes of Armed Conflict". Land Forces Academy Review 27, n.º 3 (1 de septiembre de 2022): 171–77. http://dx.doi.org/10.2478/raft-2022-0022.
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Abstract Over time, numerous studies have identified and analyzed the causes that led to armed conflicts. Unquestionably, political-military or armed conflicts have played a decisive role in universal history. Most often, they ended – for large human communities – with what we can call, in current terms, regime change, loss of independence, fragmentation or dissolution of previously constituted entities, the surrender or gain of new territories, great losses that could reach the dissolution of some military powers. This document aims to bring to the fore the armed conflict seen through the influences brought by past events in conjunction with the events of the present, in order to identify which are the main reasons of armed conflicts.
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Ujunwa, Augustine, Chinwe Okoyeuzu y Ebere Ume Kalu. "Armed Conflict and Food Security in West Africa: Socioeconomic Perspective". International Journal of Social Economics 46, n.º 2 (11 de febrero de 2019): 182–98. http://dx.doi.org/10.1108/ijse-11-2017-0538.
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Purpose West Africa represents a very good case of a sub-region currently plagued with the problem of food insecurity. Traditional theories have attributed the increasing food insecurity in the region to problems of poor governance, corruption and climate change. In view of the persistent and increasing nature of armed conflict in the sub-region, the purpose of this paper is to examine the effect of increasing armed conflict on food security in Economic Community of West African States (ECOWAS) member countries. Design/methodology/approach The study utilized the dynamic generalized method of moments (GMM) to investigate the effect of conflict intensity on food security in the 14 member states of the ECOWAS using annualized panel data from 2005 to 2015. Findings The findings reveal that armed conflict is a significant predictor of food security in West Africa. Research limitations/implications The findings of the study bring to fore, the urgent need to rethink global initiative for combating food insecurity. The effort must also identify the causes of armed conflicts and design sound strategies for de-escalating the armed conflicts. Resolving the escalating armed conflict entails developing a conflict resolution framework that is extremely sensitive to the causes of conflict in Africa and adopting localized ex ante institutional diagnostics that would help in understanding the nature of the conflicts. Originality/value Traditional theory perceives climate change, social injustices, property right, food insecurity, religious extremism and bad governance as the predictors of armed conflicts. In this study, the authors departed from the traditional theory by demonstrating that the nature and trend of armed conflict could also pose a serious threat to food security.
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Lomami, Francis. "Armed Conflict in the Democratic Republic of Congo: A Moral-Rational Review and Need for a Functional Explanatory Framework in Understanding of African Armed Conflicts". Journal of International Relations 4, n.º 3 (21 de junio de 2024): 12–34. http://dx.doi.org/10.47604/jir.2686.
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Purpose: This paper grapples with the complex and multifaceted nature of the Congolese armed conflict from 1993 to 2003 through literature and theoretical debates. It poses the intriguing question of how analytical views and theoretical assumptions on this Congolese armed conflict inform one about the impact of moral and rational considerations and proceeds to highlight the moral and rational layers of the conflict. The paper reflects on immoral and irrational mechanisms, processes, behaviors, and decisions as factors that made this conflict a deeply harrowing experience, with a staggering number of non-liable civilian deaths and devastating consequences since World War II. Methodology: This paper used content analysis to unravel the trajectory of the Congolese armed conflict through a comprehensive document review of its historical and theoretical analysis. It employed a unique approach of critical moral reasoning to dissect moral and rational questions of the conflict's various causes, dimensions, actors, networks, and involved interests, thereby providing a fresh perspective on the conflict. Findings: This paper revealed moral lapses in the Congolese armed conflict's occurrence, development, and resolution from its origins in local identity-based disputes to its transformation into one of the most protracted, deadly, and destructive cycles of violence. The paper found that the conflict's moral and rational aspects were, in their right, essential aggravating features because they impacted its status determination and development from its onset to the peacebuilding process, and a framed functional moral and rational inquiry is needed for a more structured explanation of this causation. Unique Contribution to Theory, Practice and Policy: With its critical moral reasoning, this paper extended the analytical and theoretical understanding of the Congolese armed conflict and offered practical implications for future analysis of African armed conflicts. By shedding light on the moral and rational features of the Congolese armed conflict, it advocates for a functional moral and rational inquiry framework to elucidate the functionality of relationships between moral and rational actions during the conflict and its development. The aim is to enhance the comprehension of the conflict and help define actionable tools for decision-makers during wars and peace processes in Africa, thereby making a tangible impact on the field.
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Popovych, Tereziia, Mariana Topolnytska y Victoriia Vashkovych. "Criteria for defining an armed conflict in international legal acts". Uzhhorod National University Herald. Series: Law 1, n.º 78 (28 de agosto de 2023): 58–62. http://dx.doi.org/10.24144/2307-3322.2023.78.1.8.
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The article is devoted to the analysis of international normative legal acts in the context of determining the criteria for armed conflict. In addition, the authors pay attention to the wording of this concept for the proper qualification of the form of armed violence. The authors also explore the effect of international humanitarian law in the event of an armed conflict, because participants of an international armed conflict are obliged to comply with international humanitarian law applicable in such conflicts. The main sources of international legal regulation of armed conflicts include the so-called “Geneva law” and the “Hague Law”. The category of an “armed conflict” in international relations was first used in the Geneva Conventions of 1949, where, along with the term “war”, the concepts of “international armed conflict” and “non-international armed conflict” are used.In addition, the authors emphasize that the concept of an armed conflict should be distinguished from other related concepts such as war, internal unrest, tensions and acts of violence. The distinction between “war” and “armed conflict” is rather arbitrary. In particular, it is believed that the concept of an “armed conflict” is broader and encompasses the concept of “war”. However, not every armed conflict can be called a war, because war has the following features that are not inherent in an armed conflict: the act of declaring war; severance of diplomatic relations between the belligerent states, which is a consequence of the war declaration; the cancellation of bilateral treaties, especially political ones.The autors think that that today one of the most acute problems in the practice of an international humanitarian law application is the lack of a clear and complete definition of all situations to which its provisions should be applied. Thus, international humanitarian law only describes situations that should be regulated by its norms. At the same time, there are still no clear and unambiguous criteria by which such situations can be identified
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Elbendak, Omar. "The Libyan Armed Conflict and its Repercussions - A Sociological Approach". International Journal for Scientific Research 2, n.º 12 (30 de diciembre de 2023): 405–30. http://dx.doi.org/10.59992/ijsr.2023.v2n12p15.
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The research dealt with the problem of the armed conflict, and its impact on the Libyan society, in terms of studying the concept of armed conflict and its social and human repercussions in civil life and in terms of demographic and life transition. This research will also focus on the national responsibility to reduce armed conflicts, and how it is possible to advance society in the post-armed conflict stage, re-development, and reconstruction, and address all repercussions at the general level, as most Libyan cities witnessed the consequences of armed conflicts, including devastation, destruction, killing, and forced demographic movement. Not to mention the many negative results, such as the increase in cases of violence and terror among the various human groups, which requires the adoption of social programs and policies. In order to achieve an end to conflicts and achieve stability, and to reach sustainable solutions that address the armed conflict and reduce its societal repercussions.
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Obrenović, Mile. "Postkonfliktno područje - "Post" kao nevažeće za civilne žrtve". Savremene studije bezbednosti, n.º 2 (2023): 49–64. http://dx.doi.org/10.5937/ssb2302049o.
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Civilian casualties in an armed conflict are often directly related to the time period of the armed conflict and the geographical area where it takes place. Accordingly, the data on civilian casualties are often referred to only those casualties that occur in the conflict area during the armed conflict, that is, civilian battle-related deaths. This raises the question of whether the post-conflict area, which is etymologically composed from a compound meaning the area "after the conflict", means that the end of the armed conflict, in a certain area also means the end of all the causes that arose as a result of the conflict and which lead to the occurance of civilian casualties? In response to this question, the author comes to the data that civilian victims can also occur due to various indirect (non-violent) causes of death, that is conflict-related deaths, which are a consequence of an armed conflict, but which are not territorially or temporally limited by an armed conflict. Accordingly, the post-conflict area is "post"-conflict when it comes to the manifest nature of the armed conflict, it means the area in which armed activities have ended and in which there are no more battle-related deaths. However, the post-conflict area is not "post"-conflict when it comes to the latent nature of armed conflicts, and the end of the armed conflict does not mean the end of its negative consequences that lead to civilian casualties. Thus, a large number of civilian victims caused by conflict-related deaths also appear in the post-conflict area.
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Guțan, Sabin. "Legal Aspects Regarding the Existence of the Internal Armed Conflict". International conference KNOWLEDGE-BASED ORGANIZATION 24, n.º 2 (1 de junio de 2018): 184–88. http://dx.doi.org/10.1515/kbo-2018-0087.
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Abstract The issue of the existence of the internal armed conflict concerns both legal factors and political factors (recognition of the existence of the internal armed conflict). From a legal point of view, to declare a violent social phenomenon as internal armed conflict, we must resort to the specific rules of international humanitarian law: Article 3 common to the Geneva Conventions of 1949 and Article 1 of the First Additional Protocol to these conventions of 1977. However, these regulations, while describing the general parameters of the existence of an internal armed conflict, do not establish clear legal criteria for delimiting the internal armed conflict of internal tensions and disturbances or other forms of non-armed conflicts. This regulatory shortcoming has led to the emergence in the jurisprudence of some states, but also in the international one, of criteria for the existence of the internal armed conflict
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Schaftenaar, Susanne. "How (wo)men rebel". Journal of Peace Research 54, n.º 6 (18 de octubre de 2017): 762–76. http://dx.doi.org/10.1177/0022343317722699.
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Previous studies find a strong relationship between armed conflict and gender equality, but only compare armed conflict to no armed conflict onset. However, opposition movements use different means to challenge governments, such as nonviolent or armed strategies. This study explores this variation and poses the question: How does the level of gender equality affect the onset of nonviolent campaigns and armed conflicts? It makes two contributions. First, I quantitatively test the impact of gender equality on different forms of conflict onset, and second, I propose a comprehensive gendered mobilization argument based on strategic choice theory. Nonviolent campaigns rely on mass participation, and the nonviolent conflict literature claims that they are open to a wider array of participants, including women, compared to armed conflicts. I argue that gender norms affect movements’ expectations of mobilization (mass or limited) as well as conflict norms (nonviolent or violent) in society, and subsequently, the choice of conflict strategy. I hypothesize that higher levels of gender equality, measured by fertility rate and female-to-male primary school enrolment ratio, increase the likelihood of nonviolent campaign onset, compared to both armed and no campaign onset. This study analyses country-year data from the UCDP and NAVCO datasets between 1961 and 2006 and finds that increases in gender equality are, on average, associated with an increased likelihood of nonviolent conflict onset.
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Kremnev, Petr P. "ARMED CONFLICT IN THE SOUTH-EAST OF UKRAINE: LEGAL QUALIFI-CATIONS AND CONSEQUENCES". RUDN Journal of Law 23, n.º 3 (15 de diciembre de 2019): 394–412. http://dx.doi.org/10.22363/2313-2337-2019-23-3-394-412.
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Unconstitutional change of power in Ukraine as a result of the "Maidan revolution" in February 2014, with the subsequent power grab by Ukrainian radicals of local authorities under nationalist slogans, led to the establishment of control over parts of the territory of Donetsk and Lugansk regions by Donbass militias, and then to the ongoing fighting between the armed formations of the latter with units of the regular armed forces of Ukraine. The purpose of this publication is to establish the form of the armed conflict and its legal consequences from the standpoint of current international law, which has not yet found proper legal analysis and coverage in either domestic or foreign (including Ukrainian) legal doctrinе. In official statements and legislative acts of Ukraine, this conflict is declared as a "state of war with Russia", "aggression of Russia", and the Ukrainian doctrine of international law almost unanimously declares the need to apply to the conflict the norms of international humanitarian law and qualifies it as an international armed conflict. In this publication, on the basis of the analysis of existing international legal norms and legal doctrine, the qualification of existing forms of armed conflicts is carried out: war, international armed conflict, non-international armed conflict, internationalized armed conflict. This examines the legal consequences (or otherwise the obligations of the parties to the conflict) that are caused by each form of such armed conflict, that is concealed and ignored by the Ukrainian side. On the basis of the theoretical and legal analysis of the UN Charter, the relevant provisions of the Geneva conventions on the protection of victims of war of 1949 and Additional protocols I and II of 1977, the author qualifies the situation in the South-East of Ukraine as a non-international armed conflict and the obligation to comply with applicable legal norms by all parties to the conflict. At the same time, the author comes to the conclusion about the insolvency of the claims about the applicability of the rules governing other mentioned forms of armed conflicts.
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Kokori, Emmanuel, Gbolahan Olatunji, Ismaila Ajayi Yusuf, Timilehin Isarinade, Abdulrahmon Moradeyo Akanmu, Doyin Olatunji, Olumide Akinmoju y Nicholas Aderinto. "A mini-review on safeguarding global health amidst a “Pandemic” of armed conflicts". Medicine 103, n.º 20 (17 de mayo de 2024): e37897. http://dx.doi.org/10.1097/md.0000000000037897.
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The year 2022 witnessed an alarming surge in state-based armed conflicts globally, reaching a staggering 56, with major hostilities in Ukraine, Myanmar, and Nigeria resulting in over 10,000 estimated conflict-related deaths. This trend continued with the onset of a significant conflict between Israel and Hamas in October 2023. The escalating frequency of armed conflicts, reaching the highest number since 1946, poses a critical threat to global health. This paper explores the multifaceted health impacts of armed conflicts, encompassing physical injuries, infectious diseases, malnutrition, and profound mental health consequences. Healthcare systems in conflict zones face severe strain, and achieving Sustainable Development Goals by 2030 becomes increasingly challenging. The surge in armed conflicts globally is characterized as a “pandemic,” justifying urgent attention. The paper identifies and discusses strategies to safeguard public health in conflict zones, emphasizing humanitarian response, protecting healthcare workers and infrastructure, building preparedness and resilience, and promoting mental health support. In navigating this “pandemic” of armed conflicts, comprehensive strategies are imperative to address the intricate challenges and secure a healthier global future.
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Garkusha-Bozhko, Sergey. "Problems of Typology of Armed Conflicts in Cyberspace". Legal Issues in the Digital Age 2, n.º 2 (27 de julio de 2021): 82–103. http://dx.doi.org/10.17323/2713-2749.2021.2.82.103.
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The development of information technologies in the modern world affects all spheres of human activity, including the sphere of military activities of states. The current level of development of military information technologies allows us to talk about a new fifth possible theatre of military operations, namely, cyberspace. The Tallinn Manual on International Law Applicable to Cyber Operations, developed in 2013 and updated in 2017 by experts from the NATO States, also confirms the likelihood of armed conflict in cyberspace. It is indisputable fact that cyber operations committed in the context of an armed conflict will be subject to the same rules of International Humanitarian Law that apply to such armed conflict. However, many cyber operations that can be classified as military operations may be committed in peacetime and are common cybercrimes. In such circumstances, it is imperative to distinguish between such cybercrimes and situations of armed conflict in cyberspace. Due to the fact, that there are only two types of armed conflict — international and non-international, this problem of differentiation raises the question of the typology of armed conflicts in relation to cyberspace. The main questions within the typology of cyber armed conflicts are: whether an international armed conflict can start solely as a result of a cyber-attack in the absence of the use of traditional armed force; and how to distinguish between ordinary criminal behaviour of individuals in cyberspace and non-international armed conflict in cyberspace? The purpose of this article is to provide answers to these urgent questions. The author analyses the following criteria that play a role in solving the above problems: criteria for assigning a cyber attack to a state and equating such a cyber-attack with an act of using armed force in a cyber armed conflict of an international character; and criteria for the organization of parties and the intensity of military actions in a non-international cyber armed conflict. Based on the results of this analysis, the author gives relevant suggestions for solving the above issues.
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Abdullah, Mahfud. "The Protection of Medical Officers in the Armed Conficts; Case Study of Indonesia". Jambe Law Journal 3, n.º 2 (30 de abril de 2021): 141–64. http://dx.doi.org/10.22437/jlj.3.2.141-164.
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International Humanitarian Law (HHI) has regulated provisions regarding the protection of medical personnel in a conflict, whether an international, non-international armed conflict or an internationalized armed conflict. These categories of various types of armed conflict are also part of the legality of the emergence of humanitarian intervention by medical personnel in an armed conflict. A form of medical care for parties who are either directly or indirectly involved in an armed conflict. In the Indonesian context, the provisions regulating separately the protection of medical personnel in armed conflict have not been regulated separately. However, considering that Indonesia has ratified the 1949 Geneva Convention, the convention can be considered as the official Indonesian national regulation on the protection of medical personnel in armed conflict. In this article, it is demonstrated that there were still many violations, especially against the purpose of war, which made medical officers and medical buildings in an armed conflict a military target, such as in the Syrian conflict, as well as domestic Indonesia such as Aceh and Papua. Several factors have led to the fall of medical personnel in various armed conflicts (both horizontal and vertical) in Indonesia, among others are: (a) The parties to an armed conflict are not aware of the provisions of the principles of international humanitarian law. (b) The parties are suspicious of the neutrality of the medical personnel, as well as (c) Not having a good communication system between the conflicting parties and medical personnel.
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Bartels, Rogier. "Denying Humanitarian Access as an International Crime in Times of Non-International Armed Conflict: The Challenges to Prosecute and Some Proposals for the Future". Israel Law Review 48, n.º 3 (28 de septiembre de 2015): 281–307. http://dx.doi.org/10.1017/s0021223715000175.
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Impeding humanitarian access and the starving of civilians is prohibited under international humanitarian law in times of both international and non-international armed conflicts. Such conduct is criminalised under the Rome Statute of the International Criminal Court (ICC Statute) when committed during an international armed conflict. However, without good reason, it is not a war crime when committed during a non-international armed conflict. Contemporary conflicts, such as that in Syria, show that this is a problematic omission. This article addresses the challenges in prosecuting the denial of humanitarian access during international armed conflicts and examines the options to prosecute before the International Criminal Court such denial in times of non-international armed conflict as other war crimes, crimes against humanity, and genocide. The author concludes that these options would not suffice and proposes to add to the ICC Statute the starvation of the civilian population, including through impeding humanitarian access, as a war crime for non-international armed conflicts.
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Kretzmer, David. "Rethinking the Application of IHL in Non-International Armed Conflicts". Israel Law Review 42, n.º 01 (2009): 8–45. http://dx.doi.org/10.1017/s0021223700000431.
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The first step in application by treaty of IHL norms to non-international armed conflicts, adoption of Common Article 3 of the Geneva Conventions, 1949, was taken before the dramatic development of international human rights law (IHRL). The assumption was that unless international humanitarian law (IHL) norms were applied to such conflicts, the way States acted would be unrestrained by international law. With the development of IHRL this assumption is no longer valid. Application of IHL in such conflicts should therefore be re-examined. The Article argues that moving away from IHL in non-international armed conflicts should be based on the following principles: 1. In cases other than international armed conflicts, the presumption should be that the prevailing international legal regime is the human rights regime, based as it is on a law-enforcement model of law, rather than an armed conflict model. 2. The only justification for departure from that regime and for action under the armed conflict model, should be that the level and scope of organized armed violence are such that the State cannot reasonably be expected to act in accordance with the law-enforcement model. The rule of thumb in deciding whether this test has been met could be the definition of non-international armed conflicts adopted in APII. 3. There should be a return to the notion of minimum humanitarian standards or fundamental standards of humanity, which apply to all Parties in all situations, whether armed conflict, internal violence, disturbances, tensions and public emergencies. 4. A State should not be allowed to employ the armed conflict model, without at least some of the norms of protection that this model affords Parties in international armed conflicts. The ideal solution would be to demand that a State, which employs the armed conflict model has to draw the legal consequences and recognize as combatants those members of dissident forces who meet the substantive conditions of combatants under Article 4, paragraph 2 of Third Geneva Convention.
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IVANCIU, Cosmin. "THE STATUS OF ARMED CONFLICTS. CASE STUDY: THE CONFLICT IN SYRIA". SCIENTIFIC RESEARCH AND EDUCATION IN THE AIR FORCE 18, n.º 2 (24 de junio de 2016): 583–94. http://dx.doi.org/10.19062/2247-3173.2016.18.2.13.
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TABANLI, Figen. "PROTECTION OF CULTURAL PROPERTY IN ARMED CONFLICT WITHIN THE HAGUE CONVENTION 1954". SOCIAL SCIENCE DEVELOPMENT JOURNAL 8, n.º 37 (15 de mayo de 2023): 174–86. http://dx.doi.org/10.31567/ssd.890.
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Cultural values are part of human dignity and civilian life. Cultural property must be primarily protected during armed conflicts as well as during peacetime. Unfortunately, in armed conflicts, culture has often been one of the primary victims of conflict. As a matter of fact, the parties to the conflict usually target the cultural heritage militarily or politically in order to demoralize the targeted society and show their superiority. During the armed conflicts, many cultural heritages, many of them world heritage, have been destroyed or damaged. The destruction of cultural heritage fuels violence, hatred and revenge among people and undermines the foundations of peace by impeding reconciliation even when conflicts are over. The protection of cultural property in international law is regulated in many international documents. However, the first international regulation prepared by UNESCO on the protection of cultural property in times of armed conflict, “The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict” has a special importance. International law requires the protection of cultural heritage in armed conflicts. Recent history, however, provides numerous examples of the deliberate destruction or its use to secure a military objective. This leads to questioning whether international law provides adequate protection to cultural heritage in times of armed conflict. The study aims to examine what should be understood from the concept of cultural property in terms of international law, what the international regulations are in this regard and whether these regulations are sufficient, on the basis of the 1954 Hague Convention on the Protection of Cultural Properties during Armed Conflicts, and to make some observations and comments.
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O'Connell, M. E. "Defining Armed Conflict". Journal of Conflict and Security Law 13, n.º 3 (1 de diciembre de 2008): 393–400. http://dx.doi.org/10.1093/jcsl/krp007.
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Bradley, Martha M. "Classifying Non-International Armed Conflicts". Journal of International Humanitarian Legal Studies 11, n.º 2 (9 de diciembre de 2020): 349–84. http://dx.doi.org/10.1163/18781527-bja10011.
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Abstract In terms of Additional Protocol ii to the Geneva Conventions ‘territorial control’ is a requirement in order to determine whether, as contemplated by the provisions of the Protocol, a non-international armed conflict exists. Complex situations in which conflict is not confined to the territorial borders of the State where the non-international armed conflict originated increasingly present a challenge to those responsible for conflict classification under the conventional law of non-international armed conflict. In situations such as these, a non-international armed conflict is no longer restricted to the territory of a single State. Multiple non-international conflicts involving numerous actors can co-exist in a single territory at the same time or lead to fighting across borders. The complex conflict situations in the Central African Republic, Mali, South Sudan and the Democratic Republic of the Congo serve as examples. Attaining legal certainty is pivotal with respect to conflict classification because the category of conflict determines the applicable rules of the conventional law of armed conflict. Even though Additional Protocol ii remains the only comprehensive treaty dedicated to the regulation of non-international armed conflict, there is a paucity of literature which analyses its scope of application, and specifically the territorial control requirement. This article offers an in-depth examination of the territorial control requirement.
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Calogeropoulos-Stratis, Aristidis S. "The humanitarian dimension of war — Protection of the individual, whether military or civilian". International Review of the Red Cross 32, n.º 287 (abril de 1992): 183–86. http://dx.doi.org/10.1017/s0020860400070376.
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Recently, a number of armed conflicts have broken out in Europe or not far away: armed conflicts between States — the Gulf War, for example, authorized by UN Security Council resolution 678 — or wars of national liberation, such as the armed conflict in Yugoslavia or the revolt in Kurdistan. Whether or not the use of force was legitimate in each of these situations, and even though the classic notion of a “just war” no longer exists, all parties to any armed conflict have a moral, legal and humanitarian obligation to abide by the laws and customs of war in the conduct of hostilities and indeed throughout the entire conflict.
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Melnychuk, O. F. "Peculiarities of protection of children’s rights in conditions of military action and armed conflicts". ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, n.º 13 (octubre de 2022): 130–35. http://dx.doi.org/10.33663/2524-017x-2022-13-20.
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The article reveals the peculiarities of the protection of children’s rights due to hostilities and armed conflicts. The means that the state should use (both the victim and the aggressor) to protect the rights of children in the context of hostilities and armed conflicts are studied. Proposals are being made to improve national legislation and the collective security system. It is stated that the protection of children’s rights in the context of hostilities and armed conflicts has undergone transformations and has therefore acquired certain features distinct from those of peacetime. They boil down to the following features: children’s rights are protected by norms of both international and national law, but with the priority of international humanitarian law; the effectiveness of such protection depends on both parties to the armed conflict, including the good faith performance of the international legal obligations of the adversary; the system of collective security in modern conditions is inefficient and requires the development of new measures and tools for improvement; Consolidation of efforts and participation of the international community, creation of a coalition of states and various world organizations are important for the protection of children’s rights; The protection of children’s rights is facilitated by the social cohesion of civil society, which is acquiring new forms of activities related to helping children during hostilities and armed conflicts. In order to effectively protect the rights of children in war zones and armed conflicts and children affected by them, national legislation needs to be further improved. To do this, it is necessary to develop a state program for the rehabilitation of children injured in hostilities and armed conflicts; determine the composition of such crimes as «recruitment of a child during an armed conflict», «use of a child during an armed conflict» and establish criminal penalties for them; define the concept of «a child who is in a zone of hostilities and armed conflict», etc. Ukraine currently lacks a consolidating public authority to ensure and protect the rights of children, including those affected by and affected by hostilities and armed conflicts. Key words: children’s rights, protection of children’s rights, military action, armed conflict, Geneva conventions, international humanitarian law, collective security.
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Themnér, Lotta y Peter Wallensteen. "Armed Conflicts, 1946–2011". Journal of Peace Research 49, n.º 4 (julio de 2012): 565–75. http://dx.doi.org/10.1177/0022343312452421.
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In 2011, the Uppsala Conflict Data Program (UCDP) recorded 37 armed conflicts with a minimum of 25 battle-related deaths. This significant increase from the 31 conflicts recorded in 2010 was primarily driven by an increase in conflicts on the African continent, and is only in part due to events tied to the Arab Spring which mostly led to other forms of violence than conventional armed conflict. The number of active conflicts still remains at a relatively low level compared to the peak years in the early 1990s, when more than 50 conflicts were active. The number of wars – conflicts leading to 1,000 or more battle-related deaths – increased to six; however, it is a considerably lower number than during the peak years of the early 1990s. For the second consecutive year, Afghanistan claimed the highest number of fatalities. Five armed conflicts listed for 2010 were not active in 2011, but during the year three new conflicts erupted – Libya, South Sudan and Sudan (Abyei) – and six conflicts already registered were restarted. Only one peace agreement was concluded during the year. Thus, the trend with low numbers of peace accords which started in 2009 continues.
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Titilayo Aishat Otukoya. "Applying securitization theory in armed conflict". International Journal of Science and Research Archive 11, n.º 1 (28 de febrero de 2024): 1756–67. http://dx.doi.org/10.30574/ijsra.2024.11.1.0226.
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This paper explores the application of securitization theory in armed conflict. Securitization theory provides a framework for analyzing how security issues are constructed and how they become prioritized over other issues. The paper examines the relationship between securitization theory and armed conflict and applies the theory to a selection of case studies: notably the War on Terror following the 9/11 attacks, the Israeli-Palestinian Conflicts, and the Myanmar Civil War. The paper also considers criticisms of securitization theory in armed conflict and evaluates their validity. Overall, the paper argues that applying securitization theory to armed conflict can provide valuable insights into the ways that security issues are prioritized and how this affects the conduct of conflict.
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Averianova, Nina. "FEATURES OF THE ARMED CONFLICT IN UKRAINE". Almanac of Ukrainian Studies, n.º 25 (2019): 8–13. http://dx.doi.org/10.17721/2520-2626/2019.25.1.
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Conflicts may arise within countries as well as between different countries. Conflict is an integral component of human existence. Conflicts occur in the economic, political, social, ideological, military, managerial and other spheres of public life. Accordingly, the methods and ways of their settlement vary significantly. It is dangerous that both internal (intrastate) and external (interstate) conflicts reduce the country's ability to defend its own interests in the world. Under certain circumstances, such conflicts can be used by external and internal players as an instrument of pressure on the state leadership and encourage it to adopt decisions and agreements that are unfavorable for the country. The solution to any conflicts requires a deep understanding of both the nature of their occurrence and the dynamics of the flow. Today the most dangerous for Ukraine is the armed conflict in the Donbass. This conflict was provoked by the Russian Federation, which sees our country as a “buffer zone” against international military threats. The level of conflict in the zone of armed confrontation is very high. Negotiations at the international level and the efforts to resolve the conflict in Donbass did not bring the desired success. The citizens of Ukraine have no confidence in the successful completion of this conflict. It provokes a social apathy and aggression in Ukrainian society. The cessation of the armed conflict in Donbass is extremely important both for Ukraine and the entire world community. Now Ukraine is forced to develop a strategy of national self-preservation in the difficult and uncertain conditions of international security. Finding optimal answers to hybrid threats is a necessary precondition for maintaining the sovereignty and territorial integrity of our state.
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Buromenskiy, Mykhaylo y Vitalii Gutnyk. "International Legal Problems of Qualification of Armed Conflicts". Cuestiones Políticas 39, n.º 68 (7 de marzo de 2021): 735–57. http://dx.doi.org/10.46398/cuestpol.3968.47.
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The article addresses the qualification problems of armed conflicts. The study was conducted through the analysis of international legal doctrine, international treaties, decisions of international organizations. Attention is paid to the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court. It is noted that International Humanitarian Law has been in place since the beginning of the armed conflict. Therefore, the application of International Humanitarian Law does not require any recognition of the existence of armed conflict (international or non-international); this conflict exists because of armed clashes. It is emphasized that the need to classify the conflict arises in view of domestic and international legal factors (to bring to international criminal justice those who have committed war crimes; state responsibility for internationally wrongful acts, etc.). Attention was paid to the non-existence of a single body, which was empowered to determine the existence of an armed conflict. Different international agencies may have different qualifications for the same armed conflict. It is concluded that it is necessary to establish a Committee of Experts under the UN Secretary-General, to avoid different qualifications from the same armed conflict.
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Bartels, Rogier. "The Classification of Armed Conflicts by International Criminal Courts and Tribunals". International Criminal Law Review 20, n.º 4 (7 de agosto de 2020): 595–668. http://dx.doi.org/10.1163/15718123-02004006.
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This article analyses how international criminal courts and tribunals have pronounced on the contextual elements of their respective war crimes provisions. A comprehensive overview of the way these institutions treated the material scope of application of ihl shows that the ad hoc tribunals tended to avoid classification as either international or non-international armed conflict, and merely found that a generic ‘armed conflict’ existed at the relevant time. The icc shows a tendency to classify situations as non-international armed conflicts without considering whether the situation concerned may instead (or at the same time) qualify as an international armed conflict. Non-international armed conflict is often, mistakenly, treated as a residual regime. Incorrect conflict classification may affect ihl’s scope of application, and negatively impact on an accused’s fair trial rights under international criminal law. The author proposes a fresh look at the icc’s legal framework to solve conflict classification problems.
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Twagiramungu, Noel, Allard Duursma, Mulugeta Gebrehiwot Berhe y Alex de Waal. "Re-describing transnational conflict in Africa". Journal of Modern African Studies 57, n.º 3 (septiembre de 2019): 377–91. http://dx.doi.org/10.1017/s0022278x19000107.
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ABSTRACTThis paper discusses the principal findings of a new integrated dataset of transnational armed conflict in Africa. Existing Africa conflict datasets have systematically under-represented the extent of cross-border state support to belligerent parties in internal armed conflicts as well as the number of incidents of covert cross-border armed intervention and incidents of using armed force to threaten a neighbouring state. Based on the method of ‘redescribing’ datapoints in existing datasets, notably the Uppsala Conflict Data Project, the Transnational Conflict in Africa (TCA) data include numerous missing incidents of transnational armed conflict and reclassify many more. The data indicate that (i) trans-nationality is a major feature of armed conflict in Africa, (ii) most so-called ‘civil wars’ are internationalised and (iii) the dominant definitions of ‘interstate conflict’ and ‘civil war’ are too narrow to capture the particularities of Africa's wars. While conventional interstate war remains rare, interstate rivalry using military means is common. The dataset opens up a research agenda for studying the drivers, patterns and instruments of African interstate rivalries. These findings have important implications for conflict prevention, management and resolution policies.
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Chernobuk, V. "International legal standards for the protection of children’s rights in the conditions of armed conflicts". Analytical and Comparative Jurisprudence, n.º 3 (18 de julio de 2023): 437–40. http://dx.doi.org/10.24144/2788-6018.2023.03.79.
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In the article, the author outlined international legal standards for the protection of children’s rights in armed conflicts. The main problem for considering this topic is that in the modern world there are many armed conflicts, the nature and qualification of which is becoming more and more difficult to determine. Firstly, it is connected with the complication of the subject structure of the participants of the armed conflict, secondly, with the emergence of other such forms of influence on the conduct of the armed conflict, such as, for example, the implementation of “effective control” by states that are not parties of the conflict, as well as with the existing terminological ambiguity in the characteristics of the use of force between the conflicting parties, which can lead to an erroneous legal assessment of the situation. This applies equally to both international and non-international armed conflicts. The problem of the use of force in international law is closely related to the problem of protecting the civilian population.It was determined that the protection of children in armed conflicts is a complex of legal acts, the main of which are Additional Protocol II to the Geneva Conventions of 1977, the Convention on the Rights of the Child in 1989, the Convention on the Worst Forms of Child Labor in 1999, the Optional Protocol to The Convention on the Rights of the Child, which concerns the participation of children in armed conflicts of 2000, as well as established norms of customary humanitarian law. A number of international non-governmental movements are outlined, the activities of which are aimed at monitoring compliance by states with the norms of International Humanitarian Law regarding children, at stopping the parties to the conflict from committing crimes against children in the conditions of armed conflicts, at the rehabilitation of children who survived the armed conflict. The international courts’ observance of the principle of priority protection of children during armed conflicts and the situation with crimes against children that have come under the judicial control of the International Criminal Court have also been investigated.
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Rustad, Siri Aas y Helga Malmin Binningsbø. "A price worth fighting for? Natural resources and conflict recurrence". Journal of Peace Research 49, n.º 4 (julio de 2012): 531–46. http://dx.doi.org/10.1177/0022343312444942.
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While a number of publications show that natural resources are associated with internal armed conflict, surprisingly little research looks at how natural resources affect post-conflict peace. This article therefore investigates the relationship between natural resources and post-conflict peace by analyzing new data on natural resource conflicts. We argue that the effect of natural resources on peace depends on how a country’s natural resources can constitute a motive or opportunity for armed conflict. In particular, three mechanisms may link natural resources to conflict recurrence: disagreements over natural resource distribution may motivate rebellion; using natural resources as a funding source creates an opportunity for conflict; and natural resources may aggravate existing conflict, acting either as motivation or opportunity for rebellion, but through other mechanisms than distributional claims or funding. Our data code all internal armed conflicts between 1946 and 2006 according to the presence of these resource–conflict links. We claim such mechanisms increase the risk of conflict recurrence because access to natural resources is an especially valuable prize worth fighting for. We test our hypotheses using a piecewise exponential survival model and find that, bivariately, armed conflicts with any of these resource–conflict mechanisms are more likely to resume than non-resource conflicts. A multivariate analysis distinguishing between the three mechanisms reveals that this relationship is significant only for conflicts motivated by natural resource distribution issues. These findings are important for researchers and policymakers interested in overcoming the ‘curse’ associated with natural resources and suggest that the way forward lies in natural resource management policies carefully designed to address the specific resource–conflict links.
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Maurer, Peter. "Protecting the Natural Environment in Armed Conflict". Environmental Policy and Law 51, n.º 1-2 (21 de mayo de 2021): 21–24. http://dx.doi.org/10.3233/epl-219003.
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Armed conflicts have direct and indirect impacts on the natural environment, and climate risks now magnify this harm for dependent communities. Too often, the natural environment is directly attacked or suffers incidental damage as a result of the use of certain methods or means of warfare. It is also at risk from damage and destruction to the built environment, across urban and rural areas. To reduce this harm, parties to armed conflict can integrate legal protections for the environment into their armed forces’ doctrine to reduce damage as they fight. Humanitarians in turn must commit sufficient resources and expertise to respond to the needs of those coping with the environmental consequences of conflict, and limit their own climate and environmental footprint. In order to address this challenge, in November 2020 the ICRC released the Guidelines on the Protection of the Natural Environment in Armed Conflict which aim to contribute in a practical way to promoting respect for and protection of this precious asset during armed conflicts.
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Khatir, Abdul Ghani, Tingshuai Ge, Tolulope Ariyo y Quanbao Jiang. "Armed conflicts and experience of intimate partner violence among women in Afghanistan: analysis of the 2015 Afghanistan DHS data". BMJ Open 14, n.º 4 (abril de 2024): e075957. http://dx.doi.org/10.1136/bmjopen-2023-075957.
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ObjectiveArmed conflicts and intimate partner violence (IPV) impose a burden on individual and societal well-being. Given the history of armed conflict in Afghanistan and the high prevalence of IPV, this study aims to examine the influence of armed conflicts on IPV among Afghan women.MethodsMultilevel logistic regression models were applied to the 2015 Afghanistan Demographic and Health Survey (N=10 414 women aged 15–49). Armed conflict severity was measured using the conflict index issued by the Office for the Coordination of Humanitarian Affairs, IPV was measured by three types of violence, including emotional, physical and sexual violence. All analyses were conducted by using STATA V.15.1.ResultsOver 52% of women experienced at least one type of IPV, with 33.01%, 49.07%, and 8.99% experiencing emotional, physical, and sexual violence, respectively. The regression results show that armed conflicts were significantly and positively associated with the experience of all types of IPV. In addition, the association between armed conflicts and the experience of emotional IPV was positively moderated by women’s attitudes towards IPV.ConclusionOur findings suggest that women living in high-conflict regions were more prone to experience IPV, particularly women with positive attitudes towards IPV. Promoting progressive gender roles, women’s empowerment, awareness of IPV and inclusion of women in conflict resolution will help deal with the issue of IPV.
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Addaney, Michael, Michael Gyan Nyarko y Elsabe Boshoff. "Protection of the Environment and Natural Resources during Armed Conflicts in Africa". Chinese Journal of Environmental Law 3, n.º 1 (13 de agosto de 2019): 85–115. http://dx.doi.org/10.1163/24686042-12340036.
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Abstract Scarce environmental and natural resources, such as minerals and water, are traditional origins of armed conflicts in Africa. There are persuasive and wide-ranging claims to the effect that environmental degradation will intensify resource scarcity and consequently contribute to an increase in armed conflict. Existing studies show that most governments in Africa overexploit valuable natural resources such as diamonds, oil and timber to finance war, without regard to environmental protection. Environmental protection during armed conflict has therefore gradually gained significant attention at international, national and regional levels. This article explores how regional laws could fill gaps in the international legal frameworks for the protection of the environment and natural resources in the context of armed conflicts in Africa. It considers the extent to which the enforceable content of regional and international norms apply to environmental damage in times of armed conflict and assesses the main shortcomings of existing normative frameworks to make a case for reform. The article argues that regional law (the African Convention on the Conservation of Nature and Natural Resources) offers strong and direct protection to the natural environment during armed conflict and requires a lower threshold for its application as compared with the Additional Protocol I to the Geneva Conventions. It concludes by providing recommendations on finding durable solutions to protection of the environment during resource-fuelled armed conflict in Africa.
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Hladik, Jan. "The Review Process of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Impact on International Humanitarian Law". Yearbook of International Humanitarian Law 1 (diciembre de 1998): 313–22. http://dx.doi.org/10.1017/s1389135900000180.
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The end of the Cold War and the disappearance of bipolarity have resulted in a recrudescence of a number of armed conflicts in the world, in particular in the ex-Yugoslavia and the former Soviet Union. Such conflicts have demonstrated a blatant disregard for the law of armed conflicts and a loss of respect for human lives and cultural heritage. They have also demonstrated deficiencies in the implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict — the only comprehensive international agreement aimed specifically at protecting movable and immovable cultural heritage in the event of armed conflict.
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Strauch, Paul y Beatrice Walton. "Jus ex bello and international humanitarian law: States’ obligations when withdrawing from armed conflict". International Review of the Red Cross 102, n.º 914 (agosto de 2020): 923–58. http://dx.doi.org/10.1017/s1816383121000813.
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AbstractThis article considers the international legal obligations relevant to States when withdrawing from situations of armed conflict. While a growing literature has focused on precisely when armed conflicts come to a legal end, as well as obligations triggered by the cessation of active hostilities, comparatively little attention has been paid to the legal implications of withdrawals from armed conflict and the contours of the obligations relevant to States in doing so. Following in the wake of just war scholarship endeavouring to distil jus ex bello principles, this article examines States’ obligations when ending their participation in armed conflicts from the perspective of international humanitarian law (IHL). It shows that while it is generally understood that IHL ceases to apply at the end of armed conflict, this is in reality a significant simplification; a number of obligations actually endure. Such rules act as exceptions to the general temporal scope of IHL and continue to govern withdrawing States, in effect straddling the in bello and post bellum phases of armed conflict. The article then develops three key end-of-participation obligations: obligations governing detention and transfer of persons, obligations imposed by Article 1 common to the four Geneva Conventions, and obligations relating to accountability and the consequences of conflict.
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Crawford, Emily. "Tracing the Historical and Legal Development of the Levée en Masse in the Law of Armed Conflict". Journal of the History of International Law 19, n.º 3 (14 de agosto de 2017): 329–61. http://dx.doi.org/10.1163/15718050-12340084.
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Levée en masse – the spontaneous uprising of the civilian population against an invading force – has long been a part of the modern law of armed conflict with regard to determining who may legitimately participate in armed conflict. The concept originated during the revolutionary wars in America and France, and was incorporated into the first codified rules of armed conflict. However, despite the prevalence of the category of levée en masse in the modern laws of armed conflict, there have been few, if any, instances of levée en masse taking place in modern armed conflicts. This article examines how and why the category of levée en masse developed. In doing so, this article situates the concept and evolution of levée en masse within the history of international humanitarian law more generally.
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Lewis, Dustin A. "The notion of “protracted armed conflict” in the Rome Statute and the termination of armed conflicts under international law: An analysis of select issues". International Review of the Red Cross 101, n.º 912 (diciembre de 2019): 1091–115. http://dx.doi.org/10.1017/s1816383120000028.
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AbstractLegal controversies and disagreements have arisen about the timing and duration of numerous contemporary armed conflicts, not least regarding how to discern precisely when those conflicts began and when they ended (if indeed they have ended). The existence of several long-running conflicts – some stretching across decades – and the corresponding suffering that they entail accentuate the stakes of these debates. To help shed light on some select aspects of the duration of contemporary wars, this article analyzes two sets of legal issues: first, the notion of “protracted armed conflict” as formulated in a war-crimes-related provision of the Rome Statute of the International Criminal Court, and second, the rules, principles and standards laid down in international humanitarian law and international criminal law pertaining to when armed conflicts have come to an end. The upshot of the analysis is that under existing international law, there is no general category of “protracted armed conflict”; that the question of whether to pursue such a category raises numerous challenges; and that several dimensions of the law concerning the end of armed conflict are unsettled.
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García, María Stephania Aponte y Sonia Sánchez Arteaga. "Globalization, Human Rights And Colombian Armed Conflict". Migration Letters 21, S5 (13 de febrero de 2024): 1237–51. http://dx.doi.org/10.59670/ml.v21is6.8109.
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This article examines the interaction between globalization, human rights and armed conflict. It highlights the positive impact of globalization on the global diffusion of human rights and how this interconnection contributes to the awareness and protection of these rights. Additionally, the relationship between globalization and international development is addressed, with debates about whether it actually reduces inequality and poverty or reinforces existing power structures. In the context of armed conflicts, the transformation of the Colombian conflict due to economic openness and how globalization provides opportunities for illegal economies is explored. The article emphasizes the need to integrate economic and political aspects in peace interventions. Additionally, conflict theories are examined, pointing to a shift from the Cold War toward internal conflicts. A broader vision of war is proposed that considers multiple factors, such as actors, development of the conflict, motivations and economic dimensions. In the analysis of civil wars, different currents are discussed, highlighting the economic perspective that suggests that the search for economic benefits can overcome political motivations in armed conflicts.
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Mgbeoji, Ikechi. "RELUCTANT WARRIOR, ENTHUSIASTIC PEACEKEEPER: DOMESTIC LEGAL REGULATION OF CANADIAN PARTICIPATION IN ARMED CONFLICTS*". Constitutional Forum / Forum constitutionnel 14, n.º 2 & 3 (26 de julio de 2011): 2005. http://dx.doi.org/10.21991/c97w9h.
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War is, by necessity, a savage and grisly business and the decision to participate in armed conflict is one of the most onerous any govern- ment can make. This paper examines the domestic norms and institutionalized procedures that constrain or guide the office of prime minister of Canada in deciding when and how to put Canada in a state of war or armed conflict. This question assumes greater importance and subtlety because in contemporary times, formal declarations of war, which in past would have followed intense parliamentary debates, now seem anachronistic. In modern times, states engage in armed conflicts, whether aggressive1 or defensive, without adopting the technical procedure of formally “declaring” war on perceived enemy-states. Indeed, so ubiquitous and recurrent is this phenomenon of “undeclared warfare” that some scholars have suggested that the technical concept of war (declaration of war) has been effectively replaced by the “factual concept of armed conflict.”2 An obvious implication of this trend is that Canadians may not realize that their troops may be engaged in armed conflicts somewhere without as much as a prior parliamentary debate on the necessity of otherwise of participating in an armed conflict.
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Manzoor, Shazia y Dr Muzamil Jan. "Involvement of Adolescents in Armed Conflict". International Journal of Trend in Scientific Research and Development Volume-2, Issue-4 (30 de junio de 2018): 2677–84. http://dx.doi.org/10.31142/ijtsrd15678.
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Fernández-Sánchez, Pablo Antonio. "The Interplay Between International Humanitarian Law and Refugee Law". Journal of International Humanitarian Legal Studies 1, n.º 2 (2010): 329–81. http://dx.doi.org/10.1163/187815211x560988.
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AbstractInternational humanitarian law (IHL) is not the sole body of international law that applies in armed conflicts. Among the different legal bodies that may be subject to the simultaneous application during armed conflicts is refugee law. The questions considered in this article are the protection of refugees under IHL, including the right of non-refoulement during armed conflicts. The cumulative application of IHL and refugee law is another focus of analysis. This article deals with inter alia the reinforced extension of alien rights to refugees during armed conflict, the possibility to grant refugee status to new actors which appear during armed conflict, the obligation to disarm and separate armed elements, the forced transfer of refugees for military or humanitarian reasons, and the right of ex-combatants to be treated as civilian refugees once they have disarmed and their legal status can be determined.
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Amir, Farah, Saeeda Mirbaz y Barkat Ali. "ARMED CONFLICT LAWS: PROTECTING CHILDREN ISLAMIC PERSPECTIVE". Pakistan Journal of Social Research 05, n.º 02 (30 de junio de 2023): 123–31. http://dx.doi.org/10.52567/pjsr.v5i02.1117.
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Armed conflicts are as old as humanity itself. In past, regular armies were not established. The individuals, ordinarily the adults of hostile tribes, were used to participate in armed conflicts. However, the participation of children was also common in certain situations. Although children would not have been active participants, they were engaged as a strategic tool in armed conflicts and proved to be the most vulnerable segment in such a situation. With the passage of time, regular armies have been established including children. However, the recruitment of children is restricted below a particular age. In Islamic law, primarily adult members are considered combatants, and children have been given immunity. However, in the case of their engagement in armed conflicts, certain principles have been established to deal with them. This paper identifies the principles and rules of Islamic law protecting children in armed conflict matters. Keywords: Armed, Conflicts, Children, Islamic, Law, Protection, Right
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Amir, Farah, Saeeda Mirbaz y Barkat Ali. "ARMED CONFLICT LAWS: PROTECTING CHILDREN ISLAMIC PERSPECTIVE". Pakistan Journal of Social Research 05, n.º 02 (30 de junio de 2023): 123–31. http://dx.doi.org/10.52567/pjsr.v5i02.1175.
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Armed conflicts are as old as humanity itself. In past, regular armies were not established. The individuals, ordinarily the adults of hostile tribes, were used to participate in armed conflicts. However, the participation of children was also common in certain situations. Although children would not have been active participants, they were engaged as a strategic tool in armed conflicts and proved to be the most vulnerable segment in such a situation. With the passage of time, regular armies have been established including children. However, the recruitment of children is restricted below a particular age. In Islamic law, primarily adult members are considered combatants, and children have been given immunity. However, in the case of their engagement in armed conflicts, certain principles have been established to deal with them. This paper identifies the principles and rules of Islamic law protecting children in armed conflict matters. Keywords: Armed, Conflicts, Children, Islamic, Law, Protection, Right
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Rothkopf, Ilana. "International Humanitarian Law and Non-State Practice in Armed Conflict: Combatant’s Privilege and Kurdish Fighters in Syria". Journal of Conflict and Security Law 24, n.º 2 (2019): 271–96. http://dx.doi.org/10.1093/jcsl/krz008.
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Abstract Do fighters associated with non-state armed groups have the combatant’s privilege in armed conflict? Non-state armed groups are commonplace in contemporary armed conflicts. However, international humanitarian law (IHL), particularly the law that pertains to combatant’s privilege and prisoner of war status, was designed with state actors in mind. This article assesses the conditions under which the members of non-state armed groups have combatant’s privilege. Throughout, it uses the case of Kurdish fighters in Syria as an example of the timeliness of this question and its ramifications for conflict actors. This article notes, with support from the Geneva Conventions, Additional Protocols, and other sources of IHL, that IHL does not foresee a combatant’s privilege for armed groups in a non-international armed conflict. It contends, however, that the international community should agree to a generalisable rule for the treatment of fighters as combatants regardless of conflict type, if these fighters demonstrate the capability and willingness to adhere to IHL. Such a rule would reduce the need to assess both conflict type and the status of individual fighters should they be captured, and more importantly, it would incentivise continued compliance with IHL.