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1
Pfanner, Toni. "Various mechanisms and approaches for implementing international humanitarian law and protecting and assisting war victims". International Review of the Red Cross 91, n. 874 (giugno 2009): 279–328. http://dx.doi.org/10.1017/s1816383109990300.
Testo completoAbstract (sommario):
AbstractThis article presents an overview of the various mechanisms to improve the situation of people affected by armed conflict. Some are anchored in international humanitarian law, but numerous actors are increasingly contributing to its implementation outside the original framework established for that purpose. Human rights monitoring bodies, the diverse organs and agencies of the United Nations and regional organizations, and governmental and non-governmental organizations are seeking to address situations of armed conflict. However, humanitarian action unattached to any political agenda and combining protection and assistance is often the only remedy for the plight of the victims of armed conflicts.
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GARCÍA-GODOS, JEMIMA, e KNUT ANDREAS O. LID. "Transitional Justice and Victims' Rights before the End of a Conflict: The Unusual Case of Colombia". Journal of Latin American Studies 42, n. 3 (agosto 2010): 487–516. http://dx.doi.org/10.1017/s0022216x10000891.
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AbstractIn a context of continuing armed conflict, a comprehensive scheme of transitional justice has been developed in Colombia since 2005 through the Law of Justice and Peace, with the aim of achieving peace with one of the armed actors in the conflict, the paramilitary groups. The clear link between the demobilisation of illegal armed groups and the rights of the victims is the main feature of the Colombian process. This article provides a systematic review of the implementation of the law, focusing on the institutions, mechanisms and procedures put in place to fulfil its goals. Emphasis is given to the legal category of ‘victim’, victims' rights and victim reparation measures. By exploring how the scheme works in principle and in practice, we are able to assess the prospects for victims' rights in Colombia today.
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Kipchirchir, Kevin. "Towards comprehensive civilian protection under Common Article 3 by addressing protection gaps in spill-over conflicts". Kabarak Law Review 2 (16 dicembre 2023): 37–71. http://dx.doi.org/10.58216/klr.v2i.346.
Testo completoAbstract (sommario):
There is a proliferation of non-international armed conflicts across the globe. Increasingly, these conflicts involve groups across two or more borders or that involve cross-border clashes. This is termed as spill-over conflict. The Middle East and Central Africa serve as salient examples to this effect. A literal reading of Common Article 3 locks out the victims of such conflicts from protected status. Common Article 3 restricts its application to non-international armed conflicts occurring in the territory of one high contracting party. The gap in protection occurs where the groups do not meet the organisational threshold in Additional Protocol II regarding the structure of the non-state actors’ organisation but are engaged in conflicts spanning more than a single territory. This paper examines the history of Common Article 3 and finds that the parties had no intention of locking out the application of Common Article 3 based on territorial considerations. Secondly, this paper looks into customary international law through state practice and jurisprudence. It finds that state practice and emerging jurisprudence recognises the fundamental principles that underpin Common Article 3. To this end, even where treaty law is inapplicable, customary international humanitarian law shall apply to provide protection to victims of spill-over non-international armed conflict. It is against this backdrop that the paper proposes that the single territory provision in Common Article 3 be amended to accommodate a more inclusive cross border reading.
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Fisentzou, Iphigenia. "Blurred Lines: Social Media in Armed Conflict". Legal Information Management 19, n. 01 (marzo 2019): 65–67. http://dx.doi.org/10.1017/s147266961900015x.
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Technological advancements have revolutionised the social interactions of global society and in turn influenced the means and methods of warfare; increasing the involvement of civilians in hostilities, not only as victims but also as participants. Together with the involvement of multiple state and non-state actors, civilian participation makes these modern conflicts all the more unpredictable, challenging inter alia the traditional notion of direct participation in hostilities established under international law.
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Đukić, Anđelija. "Human trafficing in armed conflicts". Vojno delo 72, n. 1 (2020): 41–55. http://dx.doi.org/10.5937/vojdelo2001041d.
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Armed conflicts disrupt political, legal and social peace and create an environment conducive to human trafficking, as another dimension of violence and brutality. The direct connection between these two phenomena arises from the hostility of the parties in the conflict and encompasses the areas affected by the conflict, and the indirect connection is manifested in the area outside the conflict, in refugee camps or on migration routes. The most significant influencing factors on human trafficking, in addition to those operating in peace (push and pull factors), are the weakening of state institutions and the collapse of the rule of law, population displacement, poverty, population fragmentation and family collapse. The increased scope of migration (internal and cross-border) has a significant impact on human trafficking. Unsafe living conditions and various forms of violence complicate push and pull factors, which initiate mass migrations.People on migrant routes are very vulnerable and exposed to organized criminal groups and terrorist groups, with the risk of becoming victims of human trafficking or other forms of violence. The characteristic types of exploitation in armed conflict are sexual exploitation, sexual slavery, forced labor, organ removal, and recruitment to engage in conflict, often involving children. The main actors in human trafficking are armed and criminal groups. By trafficking, armed groups carry out a profit for their own financing, strengthen military capabilities and create fear among the population to control the territory. Sexual and other violence is also used as part of broader strategies to expel undesirable groups and exploit disputed land and other resources. Trafficking in children is mainly a consequence of the economic difficulties experienced by their families. Children are usually exploited in areas of work that do not require special expertise, such as agricultural work, street sales, etc., but are also used in armed conflicts as suicide bombers or human shields. The use of children as armed fighters is widely documented in sub-Saharan and central Africa, the Middle East, and other regions of Asia. In addition to various types of violence and general suffering of the population, human trafficking in armed conflicts has a particularly negative impact on human rights violations, when the exploitation of victims can be transformed into more serious crimes. Suitable conditions for human trafficking persist after the conclusion of a formal truce or peace. The lack of the legal system's and institution's functioning results in impunity for perpetrators of criminal acts and the growth of organized crime, and thus human trafficking. The persistently high degree of disintegration, which has affected human trafficking in armed conflicts, as well as the new difficult economic circumstances, further increase the risk of human trafficking. Particularly tempting targets for traffickers are displaced persons and refugees returning from camps or war camps. Human trafficking in the post-conflict period, although mostly indirectly, is also affected by the presence of various peace and other missions, especially on trafficking for sexual and labor exploitation.
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Winter, Yves. "The asymmetric war discourse and its moral economies: a critique". International Theory 3, n. 3 (20 settembre 2011): 488–514. http://dx.doi.org/10.1017/s1752971911000145.
Testo completoAbstract (sommario):
Contemporary military conflicts are frequently referred to as ‘new’, ‘irregular’, or ‘asymmetric’, labels that are meant to distinguish contemporary conflict formations from previous ones. Yet the language of asymmetry is not just a conveniently vague gloss for a variety of conflicts; it also introduces a normative schema that moralizes and depoliticizes the difference between states and non-state actors. The description of contemporary conflicts as asymmetric allows states to be portrayed as victims of non-state actors, as vulnerable to strategic constellations they ostensibly cannot win. ‘Asymmetry’ is today's idiom to distinguish between civilized and uncivilized warfare, an idiom that converts ostensibly technological or strategic differences between state and non-state actors into moral and civilizational hierarchies. Furthermore, the claim that these types of conflicts are new is used to justify attempts to revisit and rewrite the international laws of armed conflicts. While such attempts are unlikely to succeed in the formal arena, informally, a transformation of the international normative order is already underway. At the heart of this transformation is how states interpret a key cornerstone of international humanitarian law: the principle of discrimination between combatants and civilians.
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Hampf, Michaela. "Victims, perpetrators or actors? Gender, armed conflict and political violence". Women's Studies International Forum 25, n. 6 (novembre 2002): 698–700. http://dx.doi.org/10.1016/s0277-5395(02)00344-8.
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Stanley, Elizabeth. "Victims, perpetrators or actors? Gender, armed conflict and political violence". Political Geography 22, n. 8 (novembre 2003): 921–23. http://dx.doi.org/10.1016/s0962-6298(02)00064-1.
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Wilson, F. "Victims, Perpetrators or Actors? Gender, Armed Conflict and Political Violence". Journal of Refugee Studies 15, n. 4 (1 dicembre 2002): 424–25. http://dx.doi.org/10.1093/jrs/15.4.424.
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Macaspac, Nerve Valerio. "Indigenous Geopolitics: Creating Indigenous Spaces of Community Self-Protection and Peace Amid Violent Conflict". Journal of Pacifism and Nonviolence 1, n. 2 (29 settembre 2023): 181–207. http://dx.doi.org/10.1163/27727882-bja00013.
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Abstract This article examines the social and spatial dimensions of civilian agency amid violent conflicts, specifically focusing on the daily work required from indigenous community members in the upkeep of a peace zone as a space of peace and self-protection amid insurgency and counterinsurgency. Using the concept of indigenous geopolitics as an analytical framework, it argues that indigenous spaces of self-protection require the simultaneous processes of collective refusal of state or non-state violence toward indigenous peoples and the re-inscription of indigenous sovereignty within the nation-state. Through case study vignettes, it illustrates the agentive capacities and power of indigenous peoples as geopolitical actors. Rather than viewing indigenous communities as ‘passive victims’ of violent conflicts or excluded from state-centric geopolitical discourses and processes, this article reveals that indigenous agency transforms spaces of conflict and violence and generates and creates new or alternative spaces of unarmed civilian protection and peace outside of the purview of state and non-state armed actors. At stake is a re-thinking or destabilizing of dominant state-centric geopolitical processes that govern contemporary understanding of civilian protection, war, conflict, and peace.
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Gómez-Saavedra, Luz. "Integration and coherence: is there a future for independent humanitarian action? A legal inquiry into the provision of humanitarian assistance and protection during armed conflict today". Deusto Journal of Human Rights, n. 7 (11 dicembre 2017): 105. http://dx.doi.org/10.18543/aahdh-0-2010pp105-122.
Testo completoAbstract (sommario):
<p>This article challenges, from a legal perspective, the validity of independent humanitarian action (HA) during armed conflict in the face of the United Nations integration and coherence doctrine. The traditional legal foundations of humanitarian action in war are reviewed. In the last decades the modus operandi of actors in armed conflict and their interpretation of international law has evolved and in this framework International Human Rights Law (IHRL) has become the main legal resort to legitimise humanitarian intervention. Confusion between military, political and humanitarian involvement in conflicts has eroded the legal principles of independent HA in favour of opportunities for general law enforcement and IHRL protection and promotion. This paper concludes that there are legal grounds to advocate for independent HA, in order to maintain the humanitarian imperative and the interests of the victims of war, as a valid action in itself without attaching HA to objectives of global peace, security and human rights.</p><p><strong>Published online</strong>: 11 December 2017</p>
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Duterme, Clara. "Honouring, commemorating, compensating: state and civil society in response to victims of the armed conflict in the Ixil region (Guatemala)". Human Remains and Violence: An Interdisciplinary Journal 2, n. 2 (2016): 3–20. http://dx.doi.org/10.7227/hrv.2.2.2.
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Established during the Guatemalan Peace Process, the Oslo Accord contemplates the question of compensating the victims of internal armed conflict. Not only was this accord founded on the principles of victims rights, but it also intends to contribute to the democratic reconstruction of Guatemalan society through a process of recognition of victims status and memory – intended to have a reconciling function. The article focuses on the work of two organisations implementing the Oslo Accord and aims to analyse the discourses and practices of the local actors and their perception of the application of victims rights. Civil society actors and members of the National Compensation Programme demonstrate different approaches both in practical work and in representations of what is right. However, revendication of local cultural values is present in all actors discourse, revealing their ambiguous position in regard to state government.
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Okojie, Paul. "Book Review: Victims, perpetrators or actors? Gender, armed conflict and political violence". Progress in Development Studies 3, n. 1 (gennaio 2003): 89–90. http://dx.doi.org/10.1177/146499340300300117.
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Barter, Shane Joshua. "The Partisans: Civilian Support & Indirect Violence". Journal of Pacifism and Nonviolence 1, n. 2 (29 settembre 2023): 269–90. http://dx.doi.org/10.1163/27727882-bja00014.
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Abstract Although also victims, there is a growing appreciation that civilians are actors in civil wars. Scholarship on civilian agency shows how their decisions impact well-being and shape conflict dynamics. Civilians are increasingly framed as impartial forces resisting armed groups and cultivating peace. However, civilians are as likely to support armed groups and deepen violence. This paper seeks to better understand civilian partisanship. I frame forms of civilian support that enhance the coercive capacities of armed groups as ‘indirect violence’. Some forms of support, such as refusing to provide information or protesting enemy abuses, may reduce violence, while providing food or medicine is more neutral. Other actions, such as contributing funds, intelligence, recruits, and weapons, enable armed groups to carry out violence. That civilians contribute indirect violence does not mean they are not victims, but may call their innocence into question, providing a sober account of civilians in civil war.
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Henriques, Miguel Barreto. "A Reconciliation Laboratory?" Journal for Peace and Justice Studies 31, n. 2 (2022): 3–20. http://dx.doi.org/10.5840/peacejustice202231213.
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How to transcend the conceptual walls of war? How to bring together former enemies? This paper looks at Victus, a theatre group in which victims and former combatants of different armed groups in Colombia (guerrilla, paramilitary, army) united in and off the stage, in a reconciliation process mediated through art. It will sustain that this configures a sort of micro-“laboratory” of reconciliation: a common space of interaction that has allowed different actors to transcend the borders of armed conflict, to humanize the “other”, and to generate multiple processes of transformation and peacebuilding, which, despite being imperfect, are meaningful.
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Martín, Annabel. "Introduction". International Journal of Iberian Studies 36, n. 3 (1 settembre 2023): 193–97. http://dx.doi.org/10.1386/ijis_00104_2.
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Armed political conflict is no stranger to contemporary Europe. Radicalized nationalist ideologies, state-sanctioned ethnic and religious violence, revolutionary separatist organizations, state-supported armies and police forces turning against civilian populations, insurgents and counterinsurgents, a long list of actors embodying the dance of death in recent times. This Special Issue of the International Journal of Iberian Studies (IJIS), ‘Unspeakable Truths’, will focus on the aftermath and the road to recovery after Basque ETA armed conflict in Spain–France (1959–2011) through the lens of affect, restorative justice, memory, peace-making efforts, and the arts (literature and film) thanks to contributions by academics, ETA and GAL victims, filmmakers, restorative justice practitioners and mediators of the Nanclares process, and peace activists.
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Mbachaga, Jonathan Desen. "Impact of war on women: Iyorwuese Hagher’s Lamp of Peace". EJOTMAS: Ekpoma Journal of Theatre and Media Arts 7, n. 1-2 (15 aprile 2020): 460–69. http://dx.doi.org/10.4314/ejotmas.v7i1-2.31.
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Africa as a continent has been ravaged by wars that have brought untold hardship and retardation to development. Militarization and war places various demands on both males and females. This study concentrates on how females have been used as sex slaves and have now become vulnerable to rape and outright fighting in the wars. Extenuating the effects of war with its irreparable losses and psychological trauma in recent times has been the focus of governments, nongovernmental organizations and philanthropists. The devastation caused by the conflicts, the destruction to communities and the suffering of women and girls cannot be over emphasized. Recent years have seen many regions of Africa involved in wars and internal or external conflicts. From Liberia to Sierra Leone; Angola, The Democratic Republic of Congo to Rwanda; Burundi, Mali, Côte d’Ivoire to Sudan, the story is a sad and saddening one. Therefore, this article discusses the effects of armed conflicts on women and girls, using Iyorwuese Hagher’s Lamp of Peace as a textual reference. It employs the literary method to consider the response of Iyorwuese Hagher as a playwright regarding the outcry against war atrocities against women. The paper argues that glaring gaps still exist regarding the protection of women and girls during armed conflicts. As such, women and girls deserve special attention that focuses on protection as they are both victims of abuse and actors in reconstruction.
Keywords: War, Atrocities on women, Protection and rehabilitation, Lamp of Peace, Africa
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Böhmelt, Tobias, Vincenzo Bove e Kristian Skrede Gleditsch. "Blame the victims? Refugees, state capacity, and non-state actor violence". Journal of Peace Research 56, n. 1 (16 novembre 2018): 73–87. http://dx.doi.org/10.1177/0022343318804592.
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Existing research argues that refugee inflows may increase the risk of domestic conflict, particularly civil war that, by definition, involves the state as an actor. However, many of the postulated mechanisms linking refugees to a higher risk of such conflict pertain to tensions with locals, which do not necessarily involve any grievances against government authorities. We contend that it is more likely to identify an association between refugees and non-state actor violence, that is, armed violence between organized non-state groups, neither of which pertains to the state. We also claim that the extent to which refugees are associated with a higher likelihood of non-state conflict depends on the capacity of governments to manage and mitigate risks. We report evidence that refugee populations can be linked to an increased risk of non-state conflict, as well as for a mitigating effect of state capacity on the risk of non-state conflicts in the presence of refugees. We do not find a clear effect of refugee populations on civil war, suggesting that the link depends on existing conflict cleavages relevant to mobilizing refugees or locals. Our research helps to shed light on the relevant security consequences of managing refugee populations. Despite the common arguments portraying refugees as security risks in developed countries, the risk of non-state conflict applies primarily to weak states that have been forced to shoulder a disproportionate burden in hosting refugees.
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Kolanoski, Martina. "Undoing the Legal Capacities of a Military Object: A Case Study on the (In)Visibility of Civilians". Law & Social Inquiry 42, n. 02 (2017): 377–97. http://dx.doi.org/10.1111/lsi.12284.
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International law dictates that actors in armed conflicts must distinguish between combatants and civilians. But how do legal actors assess the legality of a military operation after the fact? I analyze a civil proceeding for compensation by victims of a German-led airstrike in Afghanistan. The court treated military video as key evidence. I show how lawyers, judges, and expert witnesses categorized those involved by asking what a “military viewer” would make of the pictures. During the hearing, they avoided the categories of combatants/civilians; the military object resisted legal coding. I examine the decision in its procedural context, using ethnographic field notes and legal documents. I combine two ethnomethodological analytics: a trans-sequential approach and membership categorization analysis. I show the value of this combination for the sociological analysis of legal practice. I also propose that legal practitioners should use this approach to assess military viewing as a concerted, situated activity.
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Calain, Philippe. "The interaction between humanitarian non-governmental organisations and extractive industries: a perspective from Médecins Sans Frontières". International Review of the Red Cross 94, n. 887 (settembre 2012): 1115–24. http://dx.doi.org/10.1017/s1816383113000374.
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AbstractThis opinion note explores some aspects of the relationship between humanitarian non-governmental organisations (NGOs) and extractive industries. Médecins sans Frontières (Doctors without Borders, MSF) has endorsed a policy of non-engagement with the corporate sector of the extractive industries, particularly when it comes to financial donations. This is coherent with MSF being first and foremost a medical organisation, and one that adheres to the humanitarian principles of independence and neutrality. For humanitarian actors, the prospect of future environmental disasters and environmental conflicts calls for the anticipation of novel encounters, not only with environmental organisations but also with the extractive sector. Unlike environmental organisations, extractive industries are prone to generating or perpetuating different forms of violence, often putting extractive companies on a par with the parties to armed conflicts. In situations where a dialogue with extractive companies would be needed to optimise care and access to victims, humanitarian organisations should carefully weigh pragmatic considerations against the risk of being co-opted as medical providers of mitigation measures.
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Monastyrova, Yelyzaveta. "Human Trafficking and International Armed Conflict Applying the Trafficking Lens to Sexual Violence, Forced Labour and Deportation in the Russian-Occupied Territories of Ukraine". Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 5, n. 2 (11 luglio 2024): 211–44. http://dx.doi.org/10.7590/266644724x17187028804896.
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Immediately after the full-scale invasion of Ukraine by the Russian Federation in February 2022, the international anti-trafficking community raised concerns about the Ukrainian refugees facing heightened risks of human trafficking, as evidenced by the documented links between conflict-induced mass displacement and exposure to exploitation. Yet, the same actors remained silent on possible trafficking in the areas under Russian control ‐ even as evidence of systematic sexual violence employed by the Russian military against Ukrainian civilians soon emerged ‐ arguably, due to the asymmetrical nature of the conflicts that shaped practitioner and academic understandings on intersections between trafficking, sexual violence and exploitation in war economies. Inadvertently, this tacit refusal to consider in-conflict trafficking in the Russo-Ukrainian war, coupled with the refugee-centred discourse, has reinforced allegations of widespread sex trafficking of Ukrainian women and children in host societies, concertedly disseminated by Russian officials and affiliated sources, and seeking, alongside reputational damage, to erase the crimes of the Russian occupational regime. Meanwhile, since2014, the Ukrainian government has granted the status of trafficking victim to survivors of forced labour in illegal detention in the occupied territories ‐ a practice reflecting the lack of dedicated mechanisms for war crime victims. Since 2022 it has become more widespread and extended to survivors of conflict-related sexual violence, forcible transfers and deportation. Against this backdrop of discursive contestation and practical uses of anti-trafficking frameworks, this article examines legal and practical challenges, prospects, and limitations of applying the human trafficking concept to violence against civilians in the context of inter-state war and occupation.
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Villellas Ariño, María. "Ponerle cara y cuerpo. La violencia sexual en las negociaciones de paz con las FARC-EP en Colombia (2012-2016) desde una perspectiva comparada". Clepsydra. Revista de Estudios de Género y Teoría Feminista 25 (2023): 191–212. http://dx.doi.org/10.25145/j.clepsydra.2023.25.11.
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The peace agreement that ended the armed conflict between the Government of Colombia and the FARC-EP armed group in 2016 was the result of a process of negotiations noted for its innovations, including those relating to the inclusion of the gender approach (Herbolzheimer). Among these, the treatment that the peace agreement gives to sexual violence perpetrated during the armed conflict stands out, recognizing the victims of this violation of human rights and denying impunity for its perpetrators. This article aims to analyse the process that led to the inclusion of sexual violence in the Colombian peace process by analysing, from a comparative perspective with other processes, the factors that promoted its inclusion, as well as the obstacles faced by the actors participating in the process and the influence that the existence of the agenda on women, peace and security had in this process.
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Moura, Tatiana. "Caroline Moser; Fiona Clark (orgs.), Victims, Perpetrators or Actors? Gender, Armed Conflict and Political Violence". Revista Crítica de Ciências Sociais, n. 64 (1 dicembre 2002): 145–48. http://dx.doi.org/10.4000/rccs.1241.
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Haeri, Medina, e Nadine Puechguirbal. "From helplessness to agency: examining the plurality of women's experiences in armed conflict". International Review of the Red Cross 92, n. 877 (marzo 2010): 103–22. http://dx.doi.org/10.1017/s1816383110000044.
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AbstractAlthough women routinely display remarkable resilience and fortitude by adopting new roles and taking on new responsibilities when confronted by the ravages of war, they continue to be depicted by many humanitarian actors as being intrinsically weak and vulnerable – a depiction that results in the perceptible absence of women from decision-making bodies both during and in the wake of conflict. This article argues for the need to consider the plurality of women's experiences in war, including as female heads of households, as victims (and survivors) of sexual violence, as community leaders, and as armed combatants.
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Childers, Jacob. "Amnesty, Revenge, and the Threat of Conflict Relapse". International Criminal Law Review 14, n. 6 (17 ottobre 2014): 1095–122. http://dx.doi.org/10.1163/15718123-01406009.
Testo completoAbstract (sommario):
Recent decades have witnessed an increase in internal armed conflicts, resulting in significant consequences for affected civilian populations. At the same time, there has been rapid growth in international criminal law and a trend towards accountability. Yet, attempts to mitigate violence may come at the cost of accountability, leading to the commonly referenced to peace-versus-justice dispute. Blanket amnesties are one tool for conflict mitigation, bargaining chips that allow actors to come to the negotiating table. This article examines issues related to blanket amnesties that are absent from the amnesty versus accountability debate. The basis of the analysis is not whether accountability reduces a victim’s desire for revenge. Instead, the analysis examines whether amnesty increases a victim’s desire for revenge, and when combined with other socio-political factors that contribute to conflict relapse, finds that this increased desire may escalate the potential for renewed violence in post-conflict regions.
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Bogatyreva, Olga. "Humanitarian diplomacy and human rights in Latin America. Regional and civilizational specifics". Latinskaia Amerika, n. 5 (2022): 45. http://dx.doi.org/10.31857/s0044748x0018135-7.
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The article is devoted to the study of the Latin American model of humanitarian diplomacy, the identification of its features and the analysis of regional human rights traditions. The specifics of the region, associated with indigenous peoples as beneficiaries of protection, civil conflicts and mass displacement, led to the development of original ideas about humanism and human rights. Latin America has become a pioneer in the formation of such humanitarian institutions as asylum, protection of displaced persons and victims of armed conflicts, and international humanitarian law. The article analyzes the negotiations of humanitarian actors to mitigate the crises in Central America. In the final part, the initiatives of the humanitarian diplomacy of Latin American states in the UN related to the protection of the rights of vulnerable groups – indigenous peoples, women, children, migrants, as well as the fight against violence and discrimination are considered. In conclusion, the author highlights the asymmetric nature of the Latin American model, which combines deep humanistic traditions and active human rights activities with manifestations of violence and inequality, narrowing the possibilities of diplomatic dialogue.
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Rentería-Ramos, Rafael, Rafael Hurtado-Heredia e B. Piedad Urdinola. "Morbi-Mortality of the Victims of Internal Conflict and Poor Population in the Risaralda Province, Colombia". International Journal of Environmental Research and Public Health 16, n. 9 (11 maggio 2019): 1644. http://dx.doi.org/10.3390/ijerph16091644.
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This work studies the health status of two populations similar in most social and environmental interactions but one: the individuals from one population are victims of an internal armed conflict. Both populations are located in the Risaralda province, Colombia and the data for this study results from a combination of administrative records from the health system, between 2011 and 2016. We implemented a methodology based on graph theory that defines the system as a set of heterogeneous social actors, including individuals as well as organizations, embedded in a biological environment. The model of analysis uses the diagnoses in medical records to detect morbidity and mortality patterns for each individual (ego-networks), and assumes that these patterns contain relevant information about the effects of the actions of social actors, in a given environment, on the status of health. The analysis of the diagnoses and causes of specific mortality, following the Social Network Analysis framework, shows similar morbidity and mortality rates for both populations. However, the diagnoses’ patterns show that victims portray broader interactions between diagnoses, including mental and behavioral disorders, due to the hardships of this population.
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Delgado H., Giancarlos. "Ausencias que interpelan. Prácticas de acción política colectiva de mujeres madres de desaparecidos en la ciudad de Medellín". Revista Grafía- Cuaderno de trabajo de los profesores de la Facultad de Ciencias Humanas. Universidad Autónoma de Colombia 13, n. 2 (20 luglio 2016): 199. http://dx.doi.org/10.26564/16926250.680.
Testo completoAbstract (sommario):
ResumenLa reflexión que se presenta en este artículo se centra en las formas de expresión e incidencia política que las mujeres madres de desaparecidos han elaborado a partir de la apropiación de espacios de ciudad con fines de movilización en Medellín. Para lo anterior, se realizó el análisis de 6 casos de desaparición forzada sucedidos entre los años 1984 y 2011, a través de las historias de vida de las madres que a causa de la desaparición de familiares en el marco del conflicto armado, han configurado subjetividades políticas y de movilización social, liderando procesos de denuncia, y gestionando repertorios de acción colectiva que desarrollan la tensión entre las víctimas y los actores armados en los territorios.Palabras claves: Desaparición forzada, acción colectiva, madres, víctimas, conflicto armado, resistencia.**********************************************************************Absences that question us. Practices of collective political action of women who are mothers of disappeared persons in Medellin City.AbstractThe reflection presented in this article focuses on the forms of political expression and incidence developed by women who are mothers of disappeared persons, from their appropriation of spaces in Medellin City for purposes of mobilization. To achieve this, the analysis of six cases of forced disappearance that took place between 1984 and 2011 was made, through the life histories of the mothers that, because of the disappearance of their relatives due to the armed conflict, have configured political and social-mobilization subjectivities, leading processes of accusation, and managing repertoires of collective action that develop the tension between victims and armed actors in the territories.Key words: Forced disappearance, collective action, mothers, victims, armed conflict, resistance.**********************************************************************Ausências que interpelam. Práticas de ação política coletiva de mulheres mães de pessoas desaparecidas em MedellínResumoA reflexão apresentada neste artigo se foca nas formas de expressão e incidência política das mães de pessoas desaparecidas, quem têm gerado apropriação dos espaços da cidade com fins de mobilização em Medellín. Foram analisados seis casos de desaparição forçada no meio do conflito armado entre os anos de 1984 e 2011, em que as mães dos desaparecidos têm configurado subjetividades políticas de mobilização social, liderando processos de denúncia e gestão de repertórios de ação coletiva, tudo desenvolvido no meio da tensão entre as vítimas e os atores armados nos territórios.Palavras chave: Desaparição forçada, ação coletiva, mães, vítimas, conflito armado, resistência.
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Hurtado, Mónica, Ángela Iranzo Dosdad e Wilson Rodríguez. "Labor Markets in Contexts of War: Recruitment and Trafficking of Child Soldiers in Colombia". Colombia Internacional, n. 114 (31 marzo 2023): 65–91. http://dx.doi.org/10.7440/colombiaint114.2023.03.
Testo completoAbstract (sommario):
Objective/context: The article aims to analyze child recruitment as a form of human trafficking. Beyond the theoretical perspectives that focus on security or rights, it addresses the topic as a form of unfree labor. By means of a case study focused on child recruitment by right-wing paramilitary groups in Colombia, the paper analyzes how children entered and exited illegal armed groups, the functions they performed, and the exploitation they endured. The research argues that child recruitment operates as a large-scale labor-market uptake in the wartime social order, where the “employers” are paramilitary groups, and the labor force, in part, consists of children and adolescents. Methodology: This case study relies on different sources of information: a database on child recruitment provided by the special Justice and Peace Unit of the Colombian Attorney General’s Office (989 cases between 1981 and 2005), sentences of Peace and Justice, testimonials given by victims in judicial processes, and semi-structured interviews with different actors. Conclusions: The paper shows that child recruitment as a form of trafficking is functional to wartime social order in contexts of poverty and inequality. There is demand and supply; thus, both girls and boys, who worked as soldiers, are not only victims but also agents that make decisions in challenging conditions. Therefore, if the socioeconomic options for these children, even after their demobilization from the armed group, are still a choice between bad and worse, joining a violent (no longer “armed” but “criminal”) group will remain a feasible alternative. Originality: The article contributes to the academic literature on a recent topic, such as the overlapping between child recruitment and human trafficking in armed conflict and post-conflict situations. It also contributes to the literature on “unfree labor,” as the study focuses on an actor (illegal armed groups) that has not been analyzed until now. Finally, the research demonstrates the limits of understanding human trafficking (and child recruitment as a form of trafficking) as a problem of security or rights entitlement. It highlights the analytical and political advantages of categories such as “unfree labor” to provide effective solutions for the prevention and reintegration of child soldiers.
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Callamard, Agnes. "Towards international human rights law applied to armed groups". Netherlands Quarterly of Human Rights 37, n. 1 (marzo 2019): 85–100. http://dx.doi.org/10.1177/0924051918822848.
Testo completoAbstract (sommario):
This lecture explores the place of justice, accountability and remedies in the global agenda against terror, illustrated by a case study on Iraq and the Islamic State in Iraq and the Levant (ISIL.) The two international regimes traditionally applicable to the acts of armed groups, including “terrorist groups”, are international criminal law and international humanitarian law. The lecture argues that they carry each strong limitations, such as those related to the ‘‘armed conflict’’ nexus requirement. This lecture shows that a third regime, international counter-terrorism, has developed over the last two decades and become the de facto legal regime for armed non-State actors. This regime has displaced and weakened international humanitarian and criminal law while further eroding victims’ protection and accountability. The lecture further suggests that all three legal frameworks fail to capture the nature of control exercised by armed groups such as ISIL, and the extent of their functions, including those amounting to governance. The lecture argues that such functions can best be apprehended through international human rights law (IHRL). Tracing armed groups’ human rights obligations and legal personality to treaty and customary law, the lecture concludes with proposals to hold armed groups accountable under IHRL as well as possible approaches to strengthen accountability for crimes committed by ISIL.
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Cano Holguín, Nelson. "How to deal with conflict without using violence? Analysis of the colombian state and the law of victims, taking away arguments to illegal armed groups". Ad-gnosis 8, n. 8 (1 febbraio 2019): 11–20. http://dx.doi.org/10.21803/adgnosis.v8i8.360.
Testo completoAbstract (sommario):
The Colombian conflict has been one of the longest running disputes in the Western world. Although the signing of the peace treaty in 2016 gave hope back to the territory, this process did not happen overnight, so it was necessary to go through a historical journey to get the results today, where one of its fundamental milestones was the law of victims and the framework for peace. Through a review of the literature, this article seeks to analyze the impact on the Colombian conflict and the dynamics of the actors involved from the perspective of the law of victims. Among the most significant findings is that the Victims’ Law should not be seen as a panacea to solve all the country’s problems. Few recognize that it is a first step in the right direction, and the government’s courage to take it must be stressed. In that sense, the authorities must show good intentions, imagination and political will to allow the military response on the one hand, and generate and implement initiatives and policies with facts on the other hand.
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Cano Holguín, Nelson. "How to deal with conflict without using violence? Analysis of the colombian state and the law of victims, taking away arguments to illegal armed groups". Ad-gnosis 8, n. 8 (1 dicembre 2019): 11–20. http://dx.doi.org/10.21803/adgnosis.v8i8.356.
Testo completoAbstract (sommario):
The Colombian conflict has been one of the longest running disputes in the Western world. Although the signing of the peace treaty in 2016 gave hope back to the territory, this process did not happen overnight, so it was necessary to go through a historical journey to get the results today, where one of its fundamental milestones was the law of victims and the framework for peace. Through a review of the literature, this article seeks to analyze the impact on the Colombian conflict and the dynamics of the actors involved from the perspective of the law of victims. Among the most significant findings is that the Victims’ Law should not be seen as a panacea to solve all the country’s problems. Few recognize that it is a first step in the right direction, and the government’s courage to take it must be stressed. In that sense, the authorities must show good intentions, imagination and political will to allow the military response on the one hand, and generate and implement initiatives and policies with facts on the other hand.
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Imam, Mohammed A. N. A. "Trauma of Conflict Victims and Criminal Prosecutions in Nigeria: Discourse on Post-Conflict Transformation". International Journal of Research and Innovation in Social Science VIII, n. VI (2024): 2336–42. http://dx.doi.org/10.47772/ijriss.2024.806176.
Testo completoAbstract (sommario):
The aim of this paper is to examine the pursuance of criminal prosecutions after a conflict in healing the trauma of conflict victims to rebuild societies. In most conflict situations, there are different types of victims, thousands of people lose their lives, displace, rape, torture and detain or forcibly disappear. While other people will continue suffer from Trauma of Conflict Victimization. Therefore, the lack of accountability, criminal justice, rule of law can lead to widespread violation of human rights and crime against the law. This paper is qualitative in context, nature, and structure; hence Library Research method and content analysis were adopted and carried out to review the data acquired and evaluate the studies originality. The paper adopted theory of peace making criminology to understand and explain the process of healing conflict victims’ trauma in post-conflict transformation situations. The study revealed that, in some cases such as Kenya, Nigeria and South Sudan conflict, the crimes under international law and other serious human rights violations and abuses were committed. The findings also revealed that prosecutions of war criminals and human rights abusers will promote peace and prevent conflict victimization. Furthermore, Post-conflict transformation contain peace building and requires the development of rules, norms that transform potentially violent actors in to non-violent actors and support political, economic, social and military measures and structures aiming to redress the root causes of conflict. The study recommended that, post-conflict policy efforts should focus on peace building, because that is how the warring parties could be settled, negotiation can be facilitated with the armed groups, and the victims could be empowered and compensated. The paper also recommended that the rule of law should not only serve the rights of dominant social groups while leaving other minority groups behind in the post-conflict settings and international institutions should take into cognizance such issues as the entitlements of groups that are vulnerable to marginalization and discrimination- minority groups, women and children, internally or internationally displaced persons and refugees- in a conflict setting or a country.
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Montoya Londoño, Catalina, e Maryluz Vallejo Mejía. "Development vs peace? The role of media in the Law of Victims and Land Restitution in Colombia". Media, War & Conflict 11, n. 3 (25 maggio 2017): 336–57. http://dx.doi.org/10.1177/1750635217710677.
Testo completoAbstract (sommario):
The Law of Victims and Land Restitution, ratified in June 2011 and enforced since January 2012, constitutes an unprecedented attempt to end armed conflict in Colombia by applying a transitional justice framework and fostering rural development. Drawing on a methodology that integrates framing and rhetorical analysis, this article analyses the role of seven national and local Colombian newspapers in promoting governmental or alternative actors and frames regarding institutional, developmental, and peace and human rights agendas linked to this legislation. In addition, it evaluates the influence of rhetorical framing on media’s role and the resulting quality of media coverage. The results show that the media promoted governmental frames regarding institutional and developmental issues, and alternative frames advocated by other actors in relation to peace and human rights issues. In addition, they confirm the key importance of rhetorical framing in shaping that role. This was detrimental to the quality of media coverage geared towards sustainable peace and human development.
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Teplytska, N. V. "The concept of transitional justice: genesis and features". ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, n. 13 (1 ottobre 2022): 420–24. http://dx.doi.org/10.33663/2524-017x-2022-13-67.
Testo completoAbstract (sommario):
Transitional justice is a set of measures related to systemic or large-scale human rights violations designed to compensate victims of violations and to facilitate or facilitate the transformation of political systems, conflicts and other conditions that may be the cause of violations. Different methods and components of transitional justice usually combine restorative justice measures (truth and reconciliation commissions) and a parallel system of punitive justice (mainly for those most responsible for the most serious crimes and their direct perpetrators). In addition, transitional justice measures are aimed at reforming society’s institutions by restoring the rule of law and ensuring the functioning of the judiciary in the long run. At the same time, their goal is to ensure that crimes committed during the previous period do not go unpunished. Transitional justice is based on the responsibility and compensation of victims. It recognizes their dignity as citizens and as human beings. Ignoring mass abuses is a simple way out, but it destroys the values on which any decent society can be built. Transitional justice raises the most difficult questions of law and policy imaginable. Putting victims and their dignity first signals the path to new commitments to ensure the safety of ordinary citizens in their own countries - from abuse of power and effectively protected from harm by others. The historical development of transitional justice is nonlinear, and its conceptual definitions are descriptive and inexhaustible. In this context, countries in conflict or already in conflict have the opportunity to choose the most appropriate measures and mechanisms to achieve the ultimate goal of transitional justice in that country - justice for victims of conflict and the restoration of peaceful life. At the same time, it must be borne in mind that transitional justice cannot be the embodiment of the justice of the victors, so the parties to the conflict must participate in the national dialogue, and the winners and losers must be held accountable. First of all, it should be noted that transitional justice is only one of the approaches that can be used to build peace, along with the deployment of peacekeeping peacekeeping forces and other measures. It is the combination of these measures that will guarantee the long-term restoration of peace and non-return to the conflict. In addition, such measures may take place with the involvement of various actors, such as: the actual state in which the conflict took place (or is taking place); the international community or both. Key words: human rights and freedoms, transitional justice, armed conflict, post-conflict period.
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Khoury, Rana B. "Aiding Activism? Humanitarianism’s Impacts on Mobilized Syrian Refugees in Jordan". Middle East Law and Governance 9, n. 3 (11 novembre 2017): 267–81. http://dx.doi.org/10.1163/18763375-00903001.
Testo completoAbstract (sommario):
A common narrative of the Syrian conflict suggests that it began with a grassroots uprising and devolved into a violent war between armed actors, leaving civilians to become victims or warriors. A more careful consideration of developments in and around Syria uncovers evidence of continued unarmed mobilization among civilians. Indeed, refugees in neighboring countries like Jordan are deeply engaged in humanitarian, developmental, and political endeavors. In this study, qualitative research and a unique survey together demonstrate that Syrians in Jordan have engaged in abundant activism on behalf of the Syrian cause. Still, the overwhelming militarism and humanitarianism that have characterized the Syrian crisis have had their impacts: activist organization is constricted and configured by security imperatives and, paradoxically, by the aid regime assisting civilians in the conflict. In turn, activism has evolved from grassroots mobilization to a formal and aid-based response to a humanitarian crisis.
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Mackintosh, Kate. "Reclaiming Protection as a Humanitarian Goal: Fodder for the Faint-Hearted Aid-Worker". Journal of International Humanitarian Legal Studies 1, n. 2 (2010): 382–96. http://dx.doi.org/10.1163/187815211x555362.
Testo completoAbstract (sommario):
AbstractHumanitarian action is under pressure on two fronts. On one side, western nations seek to use aid as a foreign policy tool, threatening the neutral image of humanitarian actors and placing them under suspicion. On the other, and in partial reaction to this, host states are re-asserting sovereignty and imposing new limits on humanitarian action in their territory. In many contexts, organisations are being limited by law or practice from addressing abuse of the populations they seek to assist. This is not a surprising reaction from states whose actions are scrutinised; but it is making inroads on the confidence of humanitarian actors themselves. Some are beginning to question not only the feasibility but also the appropriateness of the protection work they have taken on since the 1990s. The article seeks to reinforce the importance and legitimacy of humanitarian protection by showing that both assistance and protection are key goals of humanitarian action as defined by international law. It urges organisations to fight for the space the law has granted, in order to most effectively help the victims of armed conflict.
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Dulcinatu, Ionuț-Gabriel. "Justice in the Practice of International Criminal Tribunals, in the Context of the Tasks of Contemporary International Humanitarian Law". Perspectives of Law and Public Administration 13, n. 1 (25 marzo 2024): 68–80. http://dx.doi.org/10.62768/plpa/2024/13/1/07.
Testo completoAbstract (sommario):
Transitional justice, which today has become a widespread and very useful concept, which allows the transition from an authoritarian system to the rule of law, which aims to establish a democratic regime that respects human rights - and what is important not at the level of declarations and applicable methods, but, first of all, this must become the philosophical basis of his daily life. The purpose of transitional justice is to restore the dignity of the victims, to establish mutual trust between the antagonistic groups, to favor the institutional exchange necessary for a new relationship within the population that will allow the establishment of a state of law, including through an effective control of the practice of total or partial impunity. The various constitutive elements of transitional justice generally combine reparative measures of restorative justice (Truth and Reconciliation Commissions), meanwhile establishing parallel mechanisms of punitive justice (especially in relation to the main responsible or direct executors of the most serious crimes).2 On the other hand, transitional justice claims to reform the institutional system, restoring the primacy of law and ensuring the functioning of judicial institutions for the future, fighting in the meantime against impunity for the crimes committed during the previous period. In this sense, transitional justice pursues a multiple goal within the framework of an end to a conflict, in which other imperatives are imposed on government officials - the disarmament of combatant forces, the restoration of citizens' security, the compensation of victims and the restoration of the economy of devastated societies. After being neglected for a long time, the victim is at the center of current political concerns and is the object of a constantly growing interest, mainly in the criminal field and not in social discourses.3 But this phenomenon, positive from some aspects, is not without problems and arouses controversial debates among researchers and actors of the criminal world. This imposition of the victim seems to exist not only in the criminal system, but also in the current socio-political terrain. This predominance is observed in many Western states, lately becoming dominant to some extent both in international criminal law and in international humanitarian law, being taken into consideration the burden of victims in the status granted to them in armed conflicts. The participation of victims in the criminal procedure is generally a recent phenomenon, which seems to be far from being accepted. Victims played and play a secondary role in the tribunals previously established by the International Criminal Court (ICC).4 They were considered only as a means in the de facto absence of a participation or compensation system. Under the influence of strong pressures, the tendency to take into account the opinions and concerns of the victims, including admission in the criminal procedure, became visible in national and international law, and with the involvement of non-governmental organizations and states, the basis of a system was laid that provides for a relatively broad participation of victims in ICC trials. Even if its modalities are still the subject of harsh discussions, it is generally recognized that it is an important and useful tool that would allow victims of serious violations of human rights and international humanitarian law to be heard and to hope for possible reconciliation.5 The evolution of the process of increasing interest in victims is the result of political, social and legal tensions that started in the 1960s, with the implementation of state policies regarding victim compensation and the development of victim defense associations, being influenced by the social movement that opted for civil and women's rights. We find that taking the victim into consideration in social and penal policies has progressed in a meteorological manner. National and international investigations allowed taking into account the victims' dissatisfaction with the criminal system, which led to a genuine experience of secondary victimization, which has as a general consequence the tendency of a weak denunciation of the criminal acts to which they were subjected. They also emphasized the diversity and extent of trauma suffered by some victims, especially after going through interpersonal violence, such as rape or family violence. In addition, towards 1950, a new discipline had developed, a component of criminology, but which very quickly became autonomous - victimology. This field of research focuses on the study of the victim, on his psychological and physical reactions to the sustained achievement, but also on his experience of relying on the act of justice and society in general. These various findings gave rise to state structures to help victims, which have spread throughout the world. The victim thus became a political stake.
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Beristain, Carlos Martin. "La experiencia de la Comisión de la Verdad en la escucha del exilio colombiano: Aprendizajes para la incorporación de la población refugiada en los procesos de justicia transicional y comisiones de la verdad". Middle Atlantic Review of Latin American Studies 7, n. 2 (28 dicembre 2023): 17–47. http://dx.doi.org/10.23870/marlas.445.
Testo completoAbstract (sommario):
El artículo analiza cómo se llevó a cabo el trabajo de la Comisión para el Esclarecimiento de la Verdad de Colombia sobre el exilio, donde se tomaron más de 2000 testimonios de víctimas y testigos en 24 países del mundo. Es la primera vez que una comisión de la verdad trabaja en tantos países y recoge las experiencias de la población que tuvo que salir del país debido al conflicto armado interno, y en un contexto donde a pesar de la firma de la paz con las FARC-EP, todavía se daba una continuidad de la guerra con otros actores. El ensayo describe y analiza los desafíos, opciones metodológicas y aprendizajes, que son relevantes también para otros países, sobre cómo incorporar al refugio y exilio en los procesos de justicia transicional. This essay analyzes how Colombia’s Truth Commission carried out its work on exile, during which more than 2000 testimonies were taken from victims and witnesses in 24 countries around the world. This was the first time a truth commission operated in so many countries to record the experiences of the population that had to leave the country due to internal armed conflict, and in a context where, despite the signing of a peace agreement with the FARC-EP, other actors continued to wage war. The essay describes and analyzes our challenges, methodological choices, and acquired knowledge, which are also relevant to other countries, regarding how to incorporate refuge and exile into transitional justice processes.
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L’Homme, Maelle. "Humanitarian Corridors". Journal of Humanitarian Affairs 4, n. 1 (26 maggio 2022): 48–52. http://dx.doi.org/10.7227/jha.081.
Testo completoAbstract (sommario):
In the absence of a normative framework, the concept of humanitarian corridors lacks a consistent definition and is highly vulnerable to political interpretation. The notion underwent multiple semantic shifts, from referring to a right of passage in situations of armed conflict, to an appeal to facilitated access in the face of bordure closures or bureaucratic constraints. The diverse range of situations in reference to which the terms ‘humanitarian corridor’, ‘relief corridor’ or ‘access corridor’ are used, often interchangeably, is matched only by the diverse range of actors that use them. Calls for their opening have become so common that corridors seem increasingly considered a relevant modality of humanitarian action despite much ambiguity around what they are expected to achieve, how much protection they offer, and how they are likely to affect the overall dynamic of conflicts. Meant to allow the unobstructed deployment of humanitarian aid and/or the evacuation of civilians, humanitarian corridors are by definition temporary and limited in geographical scope. As such, they are a timid assertion of the principle of free access to victims, prone to manipulation by belligerents or third parties to serve war strategies or to project an image of civility. Looking at the wide array of its application in history, the author puts the use of the concept into perspective, drawing on a variety of examples to illustrate how both the idea and its implementation have been problematic. A few operational recommendations are then derived from this analysis for humanitarian practitioners to consider and adapt in light of their particular context.
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Mooney, Erin D. "Internal displacement and the conflict in Abkhazia". International Journal on Minority and Group Rights 3, n. 3 (1995): 197–226. http://dx.doi.org/10.1163/157181196x00065.
Testo completoAbstract (sommario):
AbstractIn the internal displacement crisis arising from the secessionist armed conflict in Abkhazia, Georgia, ethnic Georgians are the principal victims. They have been displaced from Abkhazia by a policy of ethnic cleansing which, though perhaps not fully developed at the time of the actual displacement, has rendered the area ethnically homogeneous and certainly succeeded in ensuring that it so remains. This paper focuses on the nature and effectiveness of the international community's response to the ethnically-motivated displacement and resulting demographic manipulation. The mandate and operations of each of the relevant international actors involved, namely the United Nations High Commissioner for Refugees (UNHCR), the United Nations Military Observers (UNOMIG), Commonwealth of Independent States (CIS) peacekeepers, and the International Committee of the Red Cross (ICRC), are examined to determine their protection function both separately and collectively. The constraints under which each organization must operate in this situation and concerns regarding Russia's dominance of the CIS operation for the pursuit of its own strategic interests are considered as contributing factors to the lack of effective protection for the internally displaced Georgians and those still at risk of so becoming.
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Hardyanthi, Try. "International Humanitarian Law Perspective on Un-Targeting Attack". Varia Justicia 17, n. 2 (31 agosto 2021): 127–38. http://dx.doi.org/10.31603/variajusticia.v17i2.5674.
Testo completoAbstract (sommario):
The Syrian conflict started on January 26th, 2011. At first, the conflict in Syria was an internal conflict between the government of Bashar Al Assad and the Rebel, the descent into war began with the violent and brutal repression of peaceful pro-reform protests, which later turned into an armed uprising against the regime of Bashar al-Assad, and has since become a regional conflict involving state and non-state actors. In the development of the conflict, some parties intervened to provide support for the Bashar al-Assad. One of the countries that intervene against Syria is Russia. In the armed conflict which happened in Syria on September 2015 and early October 2016, more than 9,000 people, including 4,000 Syrian civilians, were killed by the Russian airstrikes. The International Humanitarian Law hostilities regulate the protection of victims of conflict and restrictions on the means and methods of warfare. This study aims to identify the obstacles of legal enforcement of international humanitarian law toward un-targeting attack in Syria. In addition, this study tries to reveal the responsibility of these states, both Russia and Syria for the loss and injury caused by an un-targeting attack. The result shows that the obstacles of law enforcement in Syria case caused Syria is not a state party in several international conventions. Therefore, these conventions are not applicable formally in the armed conflict in Syria. Based on International Humanitarian Law, Syria Government is responsible for the un-targeting attack that occurred in Syria, and required to make full reparation for the loss or injury caused by such violations. They are required to make full reparation for the loss or injury caused by an un-targeting attack. Furthermore, Individuals belonging to an Organizations or State are held personally responsible before the law. Then, the United Nations Security Council (UNSC) must carry out UN Charter Articles 41 and 42 and UNSC as the main organ responsible for maintaining international peace and security.
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Godoy, Angelina Snodgrass. "“A Form of Reparation”". Radical History Review 2023, n. 146 (1 maggio 2023): 129–50. http://dx.doi.org/10.1215/01636545-10302905.
Testo completoAbstract (sommario):
Abstract This article shares insights from participatory research conducted with former political prisoners, all of whom survived torture during El Salvador’s armed conflict (1980–92). An analysis of declassified documents reveals that while US officials generally resisted efforts to examine abuses against guerrilla supporters, they advocated behind the scenes for international oversight of prisons, and, in doing so, helped save lives. However, former prisoners’ analyses of the documents shows that US advocacy perpetuated grave misrepresentations about the nature of state repression, further empowering the apparatus of institutional violence even as it spared selected actors. Participatory research projects like this one can offer victims of human rights abuses abetted by US foreign policy an opportunity to reckon with the records of empire. Not only does this process generate new knowledge, but it contributes to survivor-led processes of healing. This is important to counter the imperialist epistemologies that often characterize scholarship on US foreign policy.
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Kavchak, Oksana. "Improving the efficiency of the legal regulation of fixing damages inflicted to military personnel in the course of combat actions". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, n. 41 (23 marzo 2024): 98–104. http://dx.doi.org/10.23939/law2024.41.098.
Testo completoAbstract (sommario):
In the context of the norms of international humanitarian law, the article examines the improvement of the effectiveness of the legal regulation of recording injuries inflicted on servicemen during hostilities. The object of the study is the legal regulation of recording injuries inflicted on servicemen during armed conflicts. The subject of the study is the development of norms used during armed conflicts to record injuries to servicemen. The research was carried out based on the dialectical method of cognition with the use of historical, comparative-legal, systemic-structural and formal-logical methods, which together made it possible to investigate issues in a holistic relationship. It is noted that the systematic implementation of the norms of international humanitarian law regarding the Geneva Conventions for the Protection of War Victims of 1949 and Additional Protocols I, II to them of 1977 are implementations taking into account the peculiarities of national legal systems. The norms of international conventions on international humanitarian law in the context of the protection of servicemen wounded during hostilities and current national legislation on these issues have been analyzed. At the same time, in international humanitarian law and, accordingly, in national legislation, there are no norms that regulate responsibility for inflicting wounds on military personnel during hostilities. It is not regulated in the legal relationship of informing about events related to the wounding of a serviceman in the context of criminal and criminal procedural law at the national and international levels. The submitted proposals on supplementing the Criminal Code of Ukraine with regulations on liability for injury to servicemen during hostilities will contribute to the development of legislation that will complement current international conventions on international humanitarian law.
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Corredor, Consuelo, e Clara Ramírez. "Cuatro años de camino en la implementación del Acuerdo Final de Paz entre el Gobierno y las Farc-Ep". REVISTA CONTROVERSIA, n. 217 (30 settembre 2021): 15–50. http://dx.doi.org/10.54118/controver.vi217.1235.
Testo completoAbstract (sommario):
Resumen: Durante décadas, Colombia estuvo en la agenda nacional e internacional de los estudios sobre violencia, por la prolongada duración del conflicto armado, por la diversidad de actores con roles y características diferentes, y especialmente por las serias consecuencias en cuanto a desplazamientos, desapariciones y asesinatos sufridos por amplios sectores de la población, así como por los graves efectos sobre el uso y apropiación de valiosos recursos vinculados a la tierra y a las actividades extractivas. Pasados algo más de cuatro años del proceso de implementación del Acuerdo Final de Paz entre el Gobierno y las Fuerzas Armadas Revolucionarias de Colombia- Ejército del Pueblo (FARC-EP), que por el alcance de los compromisos y por los acuerdos inéditos en justicia transicional ha despertado un gran interés de académicos y políticos en el concierto internacional, en este artículo se presentan algunas reflexiones sobre el contexto en el que se ha desarrollado su implementación, las oportunidades que se han abierto, y los avances y retos que enfrenta, la mayoría de ellas derivadas de los informes realizados por los órganos dispuestos para el seguimiento y verificación de los compromisos adquiridos por las partes.
Four Years in the Way of Implementing the Final Agreement between the Colombia Government and the FARc-EP
Abstract: For decades, Colombia was on the national and international agenda of studies on vio- lence due to the prolonged duration of the armed conflict, due to the diversity of actors with different roles and characteristics, and especially due to the serious consequences of displacement, disappearances and murders suffered by broad sectors of the population, as well as the serious effects on the use and appropriation of valuable resources linked to land and extractive resources. After just over 4 years of implementation of the Agreement with the FARC-EP, Colombia awakens great academic and political interest in the international arena, due to the scope of the commit- ments and unpublished agreements on transitional justice and mechanisms for the sustainability of the achievements.
Keywords: armed conflict, peace negotiations, democracy, victims, land, challenges, alerts.
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Meiches, Benjamin. "Non-human humanitarians". Review of International Studies 45, n. 1 (22 ottobre 2018): 1–19. http://dx.doi.org/10.1017/s0260210518000281.
Testo completoAbstract (sommario):
AbstractThe study of humanitarian intervention typically focuses on the human victims and saviours in armed conflict and natural disasters. Moreover, explanations of the virtues of humanitarian norms and ethics emphasise the importance of the university of suffering and the empathic nature of humanitarian efforts. In contrast, this article explores the neglected world of ‘non-human humanitarians’. Specifically, the article outlines three cases of non-human actors that expand and complicate international humanitarian practices: dogs, drones, and diagrams. Drawing on new materialist and posthuman literatures, the article argues that non-humans possess distinct capacities that vastly expand and transform humanitarian efforts in ranging from relief, to medicine, to conflict resolution. Highlighting non-human humanitarians thus offers a new perspective on the resources available for redressing mass violence and conflict, but also complicates existing definitions of humanitarian norms. To the contrary, the article demonstrates that non-humans often maximise humanitarian services to a degree greater than their human counterparts, but have also introduced changes into humanitarian practices that have problematic unintended consequences. Non-human humanitarians reveals previously discounted participants in international politics and the key roles they play in various international interventions.
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Brudney, Edward. "“In Defense of Our Livelihoods”: Rethinking Authoritarian Legality and Worker Resistance during Argentina’s Proceso de Reorganización Nacional". Labor 16, n. 4 (1 dicembre 2019): 67–88. http://dx.doi.org/10.1215/15476715-7790199.
Testo completoAbstract (sommario):
This article examines a series of worker strikes that culminated in the takeover of the Deutz Argentina tractor factory in October 1980. These mobilizations occurred under the most violent military regime in modern Argentine history—the Proceso de Reorganización Nacional (Process of National Reorganization, 1976–83)—yet they did not provoke legal or extralegal repression. Instead, over a week of highly visible conflicts, the Deutz workforce challenged the company’s decision to close the plant and publicly attacked the dictatorship’s economic policies and failure to defend Argentina’s national interest. This episode has been largely ignored within the history of labor relations during the Proceso. In this article, I advance two related arguments. First, I suggest that while several factors contributed to the lack of violence, the workers’ discourse demands serious analysis and shows important continuities with historical Peronist ideologies. Rather than passive victims or heroic revolutionaries, I demonstrate that Deutz workers pursued a pragmatic and occasionally aggressive strategy centered around ideas of patriotism, family, and religion—all ideas that the Armed Forces rhetorically celebrated. Second, I argue that this case challenges accepted notions related to the “state of exception” that nominally suspended the normal functioning of the law. Instead, I show, the law and legal precedent remained critically important to workers, trade unionists, management, and state actors as they navigated this situation. Labor legislation played a key role in the development, understanding, and resolution of the confrontation. This reading takes seriously the Proceso as a government and offers new insight into authoritarian legality.
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Gusan, Cornel. "The International Committee of the Red Cross in the light of its functions as a main actor in the humanitarian assistance process". Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale 18, n. 2 (novembre 2023): 31–40. http://dx.doi.org/10.61753/1857-1999/2345-1963/2023.18-2.04.
Testo completoAbstract (sommario):
The International Committee of the Red Cross (ICRC) has been and still remains the main actor in the process of managing humanitarian assistance. However, this fact is obvious if, at least, we refer to the principles that guide this organization in its daily activity, constantly facing difficulties and challenges of the most different kinds, but, at the same time, remaining faithful to the ideals identified by the founding fathers. Today, the ICRC carries out its humanitarian assistance activity practically all over the world, where there is a need for help given to victims, whether it is armed conflicts, natural disasters or any other crises with negative effects from a humanitarian point of view. The ICRC is a specific, if not unique, actor in the provision of humanitarian assistance, being also the depository of the main international agreements in the field of international humanitarian law – Geneva Conventions I-IV of 1949, Additional Protocols I-II of 1977 and Additional Protocol III of 2005. The role of the ICRC in the process of humanitarian assistance is an impeccable one, the organization having an irreproachable authority throughout the world, an authority that has largely been accumulated thanks to the preservation of neutrality and non-involvement on the part of one or the other party to the conflict. Thus, the ICRC contributes substantially to the promotion of generally human values, among which humanitarian assistance to persons whose vulnerability becomes critical in the conditions of the crises faced by modern societies is obviously listed.
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Wardle, Phillip. "The Tradition of Civil Litigation in a New Age of International Law: International Perspectives on the Domestic Enforcement of Human Rights". Deusto Journal of Human Rights, n. 10 (11 dicembre 2017): 55. http://dx.doi.org/10.18543/aahdh-0-2012pp55-70.
Testo completoAbstract (sommario):
<p>The enforcement of norms of international human rights law (‘IHRL’) and the provision of an effective and appropriate remedy for those who have had human rights abuses visited upon them represents one of the greatest contemporary challenges within international and domestic legal systems. In recent years a regime of domestic civil liability has emerged, largely within the United States, as an alternative means to enforce IHRL against offending individuals, governments and organisations. A particular feature of this regime has been the attribution of liability to non-state actors for human rights abuses. This article will examine these developments and chart the various advantages and disadvantages that civil litigation mechanisms represent for the enforcement of IHRL and victims of human rights abuses. The utility of this regime to remedy breaches of IHRL during and as a result of crisis situations and armed conflict will also be discussed. While focussing chiefly on the United States as the main source of domestic IHRL litigation jurisprudence, other systems of civil dispute resolution will also be examined.</p><p><strong>Published online</strong>: 11 December 2017</p>
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Dimcevska, Antoaneta, Sonja Kecmanovic e Marija Masanovic. "War, plague and exploitation in DR Congo". Sociologija 49, n. 4 (2007): 333–46. http://dx.doi.org/10.2298/soc0704333d.
Testo completoAbstract (sommario):
Late in autumn 2006 one of the headlines in world media was the first democratic elections in DR Congo. They took place after 30 years of Mobutu Sese Seko?s dictatorship and bloody civil wars in the period 1996-2002. These conflicts, which took approximately 4 million human lives, are called "The First African World War". Elections were held but they did not guarantee the end of trouble for the divided and tormented people in the northeast of Congo, the real scene of bloodshed. The area is still turbulent because it abounds in mineral wealth - gold, diamonds and raw materials for nuclear technology. For a whole decade, unscrupulous actors of the African crisis were fighting there, for illegal profits (achievable in the chaos of bloodshed) rather than for democracy, defense of tribal interests, security, etc. as they claimed. In the mines of Eastern Congo unprecedented exploitation of people is still going on, especially of children, victims of conflicts, who suffer in great numbers from violence, starvation and diseases. These slaves of the crisis make local "warlords" and their mentors rich. The looting of the mines has stabilized the crisis because it makes possible enormous accumulation of wealth among armed decision-makers - which also includes availability of countless slaves-miners who have lost everything except their bare lives. Eastern Congo is, however, one of world?s three old focuses of plague; wild exploitation of ores in the area of this endemic disease has activated a sleepy focus and added pneumonic plague to the burdens suffered by the population of the rich but ill-fated region. This was to be expected because endemic plague in the gold-bearing evil circumstances impedes safe mining - and this will be the crucial challenge in the future of Congo. This article is an anthropological outline of the area where gold, plague, weapons and incomparable suffering of people merge together just because of cynic greed producing abuse and death, including the plague.