The Protection of Environment during Armed Conflict: A Case Study of International Humanitarian Law (the Case of Fallujah)

2016 ◽  
Author(s):  
Asif Khan ◽  
Maseeh Ullah
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law

INTERNATIONAL HUMANITARIAN LAW FROM A FIELD PERSPECTIVE – CASE STUDY: NEPAL

2006 ◽  
Vol 9 ◽  
pp. 394-417 ◽  
Author(s):  
P.J.C. Schimmelpenninck van der Oije
Keyword(s):  
Armed Conflict ◽  
Humanitarian Aid ◽  
International Committee ◽  
Theory And Practice ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Link Theory ◽  
Field Perspective

AbstractWhat is it like to be working in the field with international humanitarian law during an armed conflict? In the article ‘International Humanitarian Law from a field perspective - case study: Nepal‘, the promotion of international humanitarian law is described through the eyes of a humanitarian aid worker. The author worked as a delegate for the International Committee of the Red Cross (ICRC) during the civil war in Nepal. International humanitarian law forms the legal basis of the ICRC's presence in Nepal, it's humanitarian activities and confidential interventions. Nepal and its conflict are introduced, as well as the warring parties and the Red Cross in Nepal. Various humanitarian activities and dilemma's are described. Through this article the YIHL seeks to link theory and practice, and focus on international humanitarian law from an operational perspective.

scholarly journals Islamic Injunctions on Prisoner’s Immunity and Termination of captivity in War: The Case Study of Afghanistan

2021 ◽  
Vol 1 (02) ◽  
pp. 29-46
Author(s):  
Muhammad Tariq Ramzan ◽  
Amir Hayat ◽  
Hafiza Sumera Rabia
Keyword(s):  
General Practice ◽  
Armed Conflict ◽  
Military History ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Global Powers

Afghanistan remained an arena for international powers for the last two centuries. The climax period of the militant activities in this soil was from September 2001 to August 2021. Millions of human entities took part in this escalation and a large number of human fabric became captive by the detaining powers during this period. At the end of the armed climax, the emerging political & military coalition on this soil declared its stance about the method of governance after 15 August 2021 which would be based upon Islamic resources. In the perspective of this armed conflict, the question of prisoner’s immunity and termination of captivity in war attracted the attention of global powers. What options be available to prisoners of war about termination of war captivity under Islamic International Humanitarian Law (IIHL) and Conventional International Humanitarian Law (CIHL), is the mainstay of this paper. To answer the question, Islamic jurisprudence provides five methods to dissolve the detention and captivity in war. These methods are respectively freedom gratis, ransom, exchange of prisoners of war, execution, and enslavement. According to Islamic military guidance, freedom gratis remains the general practice in entire Islamic military history. Contrary to it, Ransom and exchange of prisoners of war were occasionally utilized and not the general practice in the entire military history of Islam. The execution and enslavement were pre-Islamic methods and practices. A set of Islamic injunctions were revealed to reform them (Execution & Enslavement) and hence they have been invoked as the source of reference in Islamic prudential literature. Along with, principles of conventional international humanitarian law are also associated with this discourse. Under these facts, this paper is a strenuous effort to embark on the solution of the matter which would be acceptable to all stakeholders regarding Afghanistan. 

scholarly journals International Humanitarian Law in India: A Critical Case Study

2013 ◽  
pp. 129-140
Author(s):  
Anita Yadav ◽  
Amit Yadav
Keyword(s):  
World War Ii ◽  
Armed Conflict ◽  
Geneva Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Human Right ◽  
Internal Armed Conflict ◽  
Critical Case Study

Prior to 1949, a consensual regime on internal armed conflict was nonexistent. The urgency to regulate the conducts of parties in an internal armed conflict was realized in the wake of World War II. The evolving war patterns direly necessitated regulation of massive violations of both humanitarian law and human right norms that are corollary to each other. This article attempts to sketch the application of international humanitarian law governing internal armed conflict in the context of India with reference various approaches at national and international level. It also highlights the fact that India is yet to recognize protocol II of the Geneva Convention and the concerns such has attracted. Further, the article also attempts to venture into the grey area of determining the threshold of internal armed conflict.

scholarly journals The Protection of Medical Officers in the Armed Conficts; Case Study of Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 141-164
Author(s):  
Mahfud Abdullah
Keyword(s):  
Armed Conflict ◽  
Geneva Convention ◽  
Medical Personnel ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Good Communication ◽  
National Regulation ◽  
Syrian Conflict

International Humanitarian Law (HHI) has regulated provisions regarding the protection of medical personnel in a conflict, whether an international, non-international armed conflict or an internationalized armed conflict. These categories of various types of armed conflict are also part of the legality of the emergence of humanitarian intervention by medical personnel in an armed conflict. A form of medical care for parties who are either directly or indirectly involved in an armed conflict. In the Indonesian context, the provisions regulating separately the protection of medical personnel in armed conflict have not been regulated separately. However, considering that Indonesia has ratified the 1949 Geneva Convention, the convention can be considered as the official Indonesian national regulation on the protection of medical personnel in armed conflict. In this article, it is demonstrated that there were still many violations, especially against the purpose of war, which made medical officers and medical buildings in an armed conflict a military target, such as in the Syrian conflict, as well as domestic Indonesia such as Aceh and Papua. Several factors have led to the fall of medical personnel in various armed conflicts (both horizontal and vertical) in Indonesia, among others are: (a) The parties to an armed conflict are not aware of the provisions of the principles of international humanitarian law. (b) The parties are suspicious of the neutrality of the medical personnel, as well as (c) Not having a good communication system between the conflicting parties and medical personnel.

Part I: Conclusion

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Eighteenth Century ◽  
Civil War ◽  
Basic Principle ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Laws Of War ◽  
Connected Group ◽  
The Individual ◽  
Contemporary Practice

Analysing the development of the concept of non-state parties to an armed conflict from the writings of philosophers in the eighteenth century through international humanitarian law (IHL) treaty law to contemporary practice, three threads can be identified. First, as pointed out by Rousseau almost two and a half centuries ago, one basic principle underlying the laws of war is that war is not a relation between men but between entities. Accordingly, the lawful objective of parties cannot be to harm opponents as individuals but only to overcome the entity for which the individual fights. This necessitates that any party to an armed conflict is a collective, organized entity and not a loosely connected group of individuals. Second, de Vattel already stressed that civil war is fought between two parties who ‘acknowledge no common judge’ and have no ‘common superior’ on earth....

Insufficient Knowledge in Kunduz: The Precautionary Principle and International Humanitarian Law

2020 ◽  
Vol 25 (1) ◽  
pp. 53-79
Author(s):  
Emma J Marchant
Keyword(s):  
Precautionary Principle ◽  
Armed Conflict ◽  
Federal Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Precautionary Principle ◽  
Lack Of Information ◽  
Operational Application ◽  
Federal Court Of Justice ◽  
Insufficient Knowledge

Abstract The targeting protocols applied by forces during armed conflict are some of the most secretive documents held by any military. However, their role in applying principles of international humanitarian law (IHL) means that they are key to understanding their development. This piece is primarily concerned with practical and operational application of the precautionary principle under IHL; how much knowledge is sufficient to carry out an attack lawfully during modern armed conflict. In order to establish if a standard has developed with the increase in intelligence, surveillance and reconnaissance technology, this piece uses the framework of an investigation into an incident in Kunduz, Afghanistan in 2009. I explore the difficulties of obtaining information post-incident, the differential standards expected by North Atlantic Treaty Organization (NATO) and the Bundesgerichtshof (German Federal Court of Justice), and the manner in which these can be evaluated through the principles of proportionality, distinction and precautions in attack. The piece looks at the interrelated issues raised by the Rules of Engagement and Tactical Directives, as well as the problems surrounding the clarity of intelligence available. I argue that this case is demonstrative of the failings inherent in the application and practical use of the precautionary principle outlined by IHL. The lack of transparency afforded in, and after, incidents of this nature prevents objective analysis and so the development of IHL can be obfuscated. I conclude that the lack of information following incidents of this kind confuses any intelligence standard that exists under IHL.

Thresholds in Flux—the Standard for Ascertaining the Requirement of Organization for Armed Groups under International Humanitarian Law

2020 ◽  
Author(s):  
Yutaka Arai-Takahashi
Keyword(s):  
Armed Conflict ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
Organizational Level ◽  
International Humanitarian Law ◽  
Threshold Condition ◽  
Special Importance ◽  
Humanitarian Law ◽  
Armed Groups ◽  
International Criminal Tribunals

Abstract The requirement of organization is supposed to be of special importance in international humanitarian law (IHL). In the situation of international armed conflict (IAC), this requirement is implicit as part of the collective conditions to be fulfilled by irregular/independent armed groups to enable their members to claim the prisoners of war status under Article 4 A(2) of the Third Geneva Convention. In a non-international armed conflict (NIAC), the eponymous requirement serves, alongside the requirement of intensity of violence, as the threshold condition for ascertaining the onset of a NIAC. While the requirement of organization has not caused much of disputes in IACs, the international criminal tribunals have shown a willingness to examine scrupulously if armed groups in NIACs are sufficiently organized. Still, this article argues that there is need for a nuanced assessment of the organizational level of an armed group in some specific phases of the ongoing armed conflict whose legal character switches (from an NIAC to an IAC, vice-versa, and from a NIAC to a law-enforcement model). It explores what rationales and argumentative model may be adduced to explain such varying standards for organization in different contexts.

Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence

2018 ◽  
Vol 100 (907-909) ◽  
pp. 237-265
Author(s):  
Alon Margalit
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Blind Spot ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Important Progress

AbstractThis article draws attention to the situation of LGBT persons during armed conflict. Subjected to violence and discrimination outside the context of armed conflict, the latter aggravates their vulnerability and exposure to various abuses. Despite important progress made with respect to their protection under human rights law, a similar effort is largely absent from the international humanitarian law discourse. This article accordingly highlights some of the norms and challenges pertaining to the protection of LGBT persons in time of war.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

Sign in / Sign up

Export Citation Format

Share Document