The OP to the CRC Prohibits the Direct Participation of Children in Armed Conflicts. What is the Improvement in Comparison with General IHL (Art. 77 AP I)?

2012 ◽  
Author(s):  
Shamsul Falaah
Keyword(s):  
Armed Conflicts ◽  
Direct Participation

Is Formalism a Friend or Foe?

2013 ◽  
Vol 4 (2) ◽  
pp. 354-389 ◽  
Author(s):  
Martijn Jurgen Keeman
Keyword(s):  
Functional Approach ◽  
Armed Conflicts ◽  
The Other ◽  
Direct Participation ◽  
Rules And Principles

Contemporary armed conflicts are known to blur the categories of civilians and combatants, leading to problems with the principle of distinction. These categories are the result of an essentially formalised IHL, and have become less accurate by being over- or under-inclusive. Although formalism is vital to IHL’s functioning, maintaining it in its present excessive strength perpetuates distinction problems. In numerous cases a functional inroad based on actual conduct has been introduced, for instance with the concept of direct participation in hostilities. This solution should be implemented across a wider spectrum. Where the two categories are difficult to tell apart, a functional approach for one category benefits the other. This article shows how this can be attained by using existing rules and principles of IHL, such as the concept of military objectives and the prohibition on terrorism, or newer rules.

The Definition of Civilians in Non-International Armed Conflicts

2016 ◽  
Vol 7 (1) ◽  
pp. 129-155 ◽  
Author(s):  
Camille Marquis Bissonnette
Keyword(s):  
Armed Conflict ◽  
Codes Of Conduct ◽  
Armed Conflicts ◽  
Armed Groups ◽  
Direct Participation ◽  
State Actors ◽  
Definition Of ◽  
Shed Light

This article analyzes the perceptions of armed groups regarding the concept of civilians in non-international armed conflicts, through their codes of conduct and other commitments. It intends to shed light on the implementation by these non-state actors of the very critical principle of distinction, the exact articulation of is hotly debated in non-international armed conflict. It thus presents the different approaches to the principle of distinction in non-international armed conflict: the specific-act approach, the membership approach, the functional non-privileged combatancy approach, and the direct participation in hostilities with extended temporal scope in light of the commitments and undertakings of various armed groups. It concludes with the findings made on the basis of the study of the commitments made by armed groups, underlying in particular the issues that remain problematic regarding the principle of distinction in non-international armed conflict, as well as the issues on which a consensus in conceivable.

High-Tech Civilians, Participation in Hostilities, and Criminal Liability

2019 ◽  
pp. 175-208
Author(s):  
Matthew T. King
Keyword(s):  
Armed Conflict ◽  
Criminal Liability ◽  
Armed Conflicts ◽  
High Tech ◽  
Military Operations ◽  
Direct Participation ◽  
Military Forces ◽  
Law Of Armed Conflict ◽  
The Law

The challenge presented by civilians on, near, and affecting the battlefield is an enduring issue in the Law of Armed Conflict (LOAC). At its core, the LOAC seeks to protect civilians from the dangers of hostilities. The challenge, then, involves adhering to this general respect and protection standard, while balancing the need to send forces (which may include civilian members) to prosecute armed conflicts (which may involve enemy civilian participants). As advancements in technology and a growing dependence on civilian expertise in armed conflict begin to blur the distinction between civilian activity and direct participation in hostilities, how will military forces ensure civilians are properly protected on the battlefield? At what point does civilian involvement in military operations become direct participation in the conflict?

Strengthening the Principle of Distinction?

2015 ◽  
Vol 6 (2) ◽  
pp. 377-413 ◽  
Author(s):  
Laura Hofmann
Keyword(s):  
Continuous Function ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
Direct Part ◽  
Armed Groups ◽  
Direct Participation

The primary impetus for the Interpretive Guidance on the Notion of Direct Participation in Hostilities by the International Committee of the Red Cross was the need for an accepted understanding of the notion of ‘direct participation in hostilities’. The Interpretive Guidance recommends that in non-international armed conflicts organised armed groups consist only of persons whose continuous function for the groups involves taking direct part in hostilities. The objective of this article is to assess to what extent the ‘continuous combat function’ category strengthens the protection of civilians under the principle of distinction.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

International Economic Assistance in the 1970's — A Critique of Partners in Development (Review Article)

1970 ◽  
Vol 10 (4) ◽  
pp. 469-490
Author(s):  
Nurul Islam
Keyword(s):  
Developing Countries ◽  
Foreign Aid ◽  
International Aid ◽  
Developed Countries ◽  
Armed Conflicts ◽  
Economic Assistance ◽  
Self Help ◽  
Service Charge ◽  
The Developed Countries ◽  
Defence Expenditure

Foreign economic aid is at the cross-roads. There is an atmosphere of gloom and disenchantment surrounding international aid in both the developed and developing countries — more so in the former than in the latter. Doubts have grown in the developed countries, especially among the conservatives in these countries, as to the effectiveness of aid in promoting economic development, the wastes and inefficiency involved in the use of aid, the adequacy of self-help on the part of the recipient countries in husbanding and mobilising their own resources for development and the dangers of getting involved, through ex¬tensive foreign-aid operations, in military or diplomatic conflicts. The waning of confidence on the part of the donors in the rationale of foreign aid has been accentuated by an increasing concern with their domestic problems as well as by the occurrence of armed conflicts among the poor, aid-recipient countries strengthened by substantial defence expenditure that diverts resources away from development. The disenchantment on the part of the recipient countries is, on the other hand, associated with the inadequacy of aid, the stop-go nature of its flow in many cases, and the intrusion of noneconomic considerations governing the allocation of aid amongst the recipient countries. There is a reaction in the developing countries against the dependence, political and eco¬nomic, which heavy reliance on foreign aid generates. The threat of the in¬creasing burden of debt-service charge haunts the developing world and brings them back to the donors for renewed assistance and/or debt rescheduling.

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