scholarly journals Russia’s Weapon of Words in Numbers. Evolution of Russian Assertive (Dis)Information Actions: Comparative Analysis of the Cases of RussoGeorgian War 2008 & Annexation of Crimea 2014 .

2020 ◽  
Vol 2(15)/2020 (2(15)/2020) ◽  
pp. 35-62
Author(s):  
Revaz Topuria
Keyword(s):  
Content Analysis ◽  
Comparative Analysis ◽  
International Law ◽  
Armed Conflict ◽  
Information Strategy ◽  
Quantitative Content ◽  
New Concepts ◽  
Information Operations ◽  
Per Se ◽  
The Military

Russian assertive actions over the last decade have led some observers to think that the Kremlin is employing fundamentally new concepts of an armed conflict. Subsequently, the scholars of the field came up with several buzzwords and ill-defined concepts such as ‘hybrid warfare’ and ‘Gerasimov Doctrine’. This paper claims that the novelty of Russian actions is not in terms of its military transformations per se, but rather the specific way the military had been integrated with other instruments—mostly state-run and coordinated information operations. Thus, the study puts a novel emphasis on information operations and asserts that, while in certain cases Moscow still uses the conventional military, the Kremlin's new plan is to achieve goals through information online in the first place. Thus, the paper focuses on analysing the evolution of Russian information strategy. In doing so, quantitative content analysis is deployed to examine narratives built by RIA Novosti and Russia Today/RT during the Russo-Georgian War of 2008 and annexation of Crimea in 2014. The comparative analysis of the two successive cases demonstrates the gradual progression of Russian information strategy insofar as by 2014, in contrast to 2008, pro-Kremlin media exploited some contested areas of international law in a more sophisticated manner to depict compatibility of the Russian actions with the democratic procedures and standards of international law.

scholarly journals Military necessity in Geneva conventions of 1949

2012 ◽  
Vol 64 (2) ◽  
pp. 180-201
Author(s):  
Vladan Joncic ◽  
Milos Petrovic
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
General Rule ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Military Necessity ◽  
Law Of Armed Conflict ◽  
The Right ◽  
International Conventions ◽  
The Military

The fundamental question of international law of armed conflict is the question of military necessity principle in international law of armed conflict, ie. in international humanitarian law. Hearings on this issue is necessary because it is still the danger that the principle of recognition of the needs of military regulations and deceive the application of international law of armed conflict. That?s why the military needs to be seen as a permitted deviation from compliance with rules of war. Extreme, this concept has led to the emergence of the theory of the military. Its radical variant of the proceeds from the Maxims of German classical scholars of international law. The result of theoretical assumptions had the effect of limiting the acceptance of military necessity of the first codification of the day. The four Geneva Conventions of 1949. The heavily consider the military. In all the texts of international conventions is determined by military necessity, as a circumstance or set of circumstances which affect the duty of obeying the regulations of international law. In international law there is no general rule of military necessity as a basis or reason for justified violations of rules of international law of armed conflict. The rules of international law represent a compromise between the desire for a decoration rules of warfare and the need to ensure all the necessary tools that can lead to victory. The four Geneva Conventions of 1949. the military need to provide in terms of the principles of humanity. Set rules on military necessity in the Geneva Conventions give the right correction factor in the role of the law of armed conflict. The Geneva Conventions there is a degree of confusion in terminology, where the concept of military necessity needlessly allocated a number of synonyms. This is because the international law of armed conflict and emerged as a normative regulation of proportionality between the military needs) and general principles and humane principles.

1 History and Sources

2020 ◽  
Author(s):  
Henckaerts Jean-Marie
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Framework ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
International Court ◽  
Law Of Armed Conflict ◽  
Rules And Principles ◽  
International Conventions ◽  
The Military

This introductory chapter provides an overview of international humanitarian law (IHL), which is also known as the international law of armed conflict, or simply law of armed conflict (LOAC) or law of war. The rules and principles of IHL seek to limit the effects of armed conflict and at its core, IHL aims to preserve a sense of humanity in time of war. At the same time, IHL has been developed to regulate the social reality that is armed conflict. As such, in order to provide a realistic, and hence useful, legal framework, IHL must also take into account the military needs of parties to an armed conflict in their pursuit of defeating the adversary. The development of particular treaties and specific rules of IHL over time reflects the exercise of finding the correct balance between these humanitarian and military considerations. As a branch of international law, IHL is subject to the general rules of international law, such as those related to sources, treaty interpretation, and state responsibility. The sources of international law are set out in article 38 of the Statute of the International Court of Justice. This provision lists international conventions, international custom, and general principles of law as the main sources of international law in accordance with which the Court is to decide disputes submitted to it.

100 Years Ago: A Bibliographical Calendar of Diplomacy and International Law: In the Years 1914 and 1915

2014 ◽  
Vol 42 (3) ◽  
pp. 517-554 ◽  
Author(s):  
Joachim Schwietzke ◽  
Peter Macalister-Smith
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Armed Conflict ◽  
First World War ◽  
World War ◽  
World War One ◽  
The First World War ◽  
The World ◽  
The Military ◽  
First World

This Bibliographical Calendar focuses on a general armed conflict within Europe that spread to most parts of the world. It started during the second decade of the twentieth century. In this context the present Calendar offers an overview of the chronology leading up to the First World War. It is also a documented survey of official transactions relating to the World War with particular attention to the sources of record. The main focus of the work is on diplomatic acts of the belligerent and neutral parties that accompanied the military dimension of the conflict.The Calendar assumes the form of a compilation of related kinds of information situated between a bibliography and a repertory, with the aim of elucidating the course of World War One from the perspectives of international law and diplomacy.

scholarly journals International law and the military use of unmanned maritime systems

2016 ◽  
Vol 98 (902) ◽  
pp. 567-592 ◽  
Author(s):  
Michael N. Schmitt ◽  
David S. Goddard
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Status ◽  
State Of The Art ◽  
Law Of The Sea ◽  
Naval Warfare ◽  
The Law ◽  
The Military

AbstractUnmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particularly under the UN Convention on the Law of the Sea (UNCLOS), and the regulation of their use under the law of naval warfare. It is not yet clear if UMSs enjoy status as ships under UNCLOS; even if they do, it is unlikely that they can be classified as warships. Nevertheless, their lawful use is not necessarily precluded in either peacetime or armed conflict.

Countries versus Disciplines: Comparative Analysis of Post-Soviet Transformations in Academic Publications from Belarus, Russia and Ukraine

2017 ◽  
Vol 16 (1) ◽  
pp. 147-177 ◽  
Author(s):  
Natalia D. Tregubova ◽  
Marharyta Fabrykant ◽  
Alla Marchenko
Keyword(s):  
Social Sciences ◽  
Content Analysis ◽  
Comparative Analysis ◽  
Social Scientists ◽  
Quantitative Content Analysis ◽  
Social Sciences And Humanities ◽  
Quantitative Content ◽  
Societal Context ◽  
Academic Publications ◽  
Scholarly Attention

The objective of this paper is to outline and compare frameworks for studying post-Soviet transformations developed by social scientists from various disciplines in Belarus, Russia and Ukraine. The objective is realized by means of quantitative content analysis of scholarly articles’ abstracts in ninety-four journals in eight (inter)disciplinary fields that covers the period of 2001-2015. This paper seeks to answer the question whether differences in the studies of the post-Soviet transformations are defined by country discourse or by the field of study. The research results suggest that there is a two-level mechanism, by which the societal context affects academia, in this case, social sciences and humanities. While general directions of scholarly attention are determined by societal differences, representations of post-Soviet transformations are framed through specific disciplinary lenses that combine both international and post-Soviet features.

scholarly journals The road to conflict resolution: A comparative analysis of frozen conflicts in the OSCE area

2012 ◽  
Vol 64 (3) ◽  
pp. 275-302
Author(s):  
Vladimir Trapara ◽  
Milos Joncic
Keyword(s):  
Conflict Resolution ◽  
Comparative Analysis ◽  
International Law ◽  
Armed Conflict ◽  
The Road ◽  
Long Run ◽  
Conflicts Resolution ◽  
The Usa ◽  
The Common ◽  
Frozen Conflict

In this paper the authors comparatively analyze the frozen conflicts in the OSCE area with an objective to discover specific features of the road to their solution. An accent has been put on the post-Soviet conflicts, while Kosovo and Cyprus are treated as subsidiary cases. A decisive element of the frozen conflict definition is a disharmony between the legal and factual state regarding territorial changes which took place as a consequence of an armed conflict. Thus, the international law aspect is the most important in considering possibilities for settlement of these conflicts. Other aspects which are analyzed in the paper are security, energy, economic, and democratic ones. The common conclusion of the analysis of each of these aspects is that the USA and Russia are the key actors which influence these frozen conflicts? resolution. In the absence of their consensus, these conflicts are doomed to remain frozen in the long run.

Classifying the conflict: a soldier's dilemma

2009 ◽  
Vol 91 (873) ◽  
pp. 143-161 ◽  
Author(s):  
Andrew J. Carswell
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Forces ◽  
Military Leadership ◽  
The Political ◽  
Decision Making Process ◽  
Political Factors ◽  
The Law ◽  
Riot Control ◽  
The Military

AbstractModern armed forces are employed in a wide array of operations that range from peacetime riot control to outright international armed conflict. Classifying these various scenarios to determine the applicable international law is rendered difficult by both the lack of clarity inherent in the law and the political factors that tend to enter the decision-making process. The author describes the major challenges of legal classification facing the military leadership, and proposes a solution to ensure that the intended beneficiaries of the law – from soldiers to civilians – do indeed receive its protection.

Domestic regulation of international humanitarian relief in disasters and armed conflict: a comparative analysis

2007 ◽  
Vol 89 (866) ◽  
pp. 345-372 ◽  
Author(s):  
David Fisher
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Regulatory Control ◽  
Humanitarian Relief ◽  
Similarities And Differences ◽  
Relief Operations ◽  
Domestic Regulation ◽  
Regulatory Problems

AbstractIn both disasters and armed conflicts, domestic regulatory control over the entry and operation of international humanitarian relief operations can significantly affect their ability to address the critical needs of affected persons. The types of regulatory problems that arise, such as customs barriers, visa issues and taxation of aid, are often similar, but both the underlying dynamics and the applicable international law can be quite different. This article analyses these similarities and differences and suggests distinct steps that might be taken to move forward in the two contexts.

scholarly journals MODERN PROBLEMS RELATED TO THE OBSERVANCE OF HUMAN RIGHTS IN THE MILITARY CONFLICT ON THE TERRITORY OF UKRAINE

2020 ◽  
Vol 34 (2) ◽  
pp. 93-99
Author(s):  
V.V. Goncharov ◽  
◽  
N.N. Berzeova ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
War Crimes ◽  
International Justice ◽  
The South ◽  
Military Conflict ◽  
The Law ◽  
The Military

The article deals with the problems of human rights in the context of armed conflict and the actions of the anti-terrorist operation in the South-East of Ukraine. The analyzes the fundamental documents of international law and the law of Ukraine in the field of basic human rights and freedoms and identifies violations of regulations in the field of ensuring the security of citizens, the use of the army and prohibited weapons against civilians and civilian infrastructure. Based on the research carried out in the article, the author identifies and justifies the following ways to resolve the conflict: the introduction of troops of peacekeepers in the zone of military conflict; resolving issues of actual compensation for victims and relatives of victims; the implementation of international justice against those responsible for unleashing the conflict and war crimes against citizens.

Investigations into Military Operations: What Impact on Transitional Justice?

2014 ◽  
Vol 47 (1) ◽  
pp. 85-104 ◽  
Author(s):  
Laurie R Blank
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Legal Analysis ◽  
Military Operations ◽  
Truth Telling ◽  
Law Of Armed Conflict ◽  
The Military ◽  
The Impact ◽  
The Relationship

The recent proliferation of external investigations into military operations raises important questions for the conduct of military operations and the interpretation and implementation of international law. The impact of such investigations and their reports, however, extends beyond how they influence the military and the implementation of the law of armed conflict. As countries and societies embroiled in lengthy conflicts begin to explore the value and effectiveness of undertaking transitional justice efforts during conflict, rather than only after conflict, investigations into military operations and specific incidents can play an important – and perhaps unexpected – role. This article focuses specifically on the inter-relationship between investigations and transitional justice efforts. As investigations into military operations become a common tool in the international and national arsenal, understanding how they interact with and affect broader transitional justice efforts and goals becomes important, both for the conceptualisation of investigations and the development of transitional justice mechanisms. This article addresses the relationship between investigations and the truth-telling aspect of transitional justice mechanisms, as well as the impact of the use of law and legal analysis on the legitimacy of the investigations and on potential transitional justice mechanisms.

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