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The concept of the levée en masse was designed to legitimise armed civilian opposition to an unfolding invasion by conferring temporary combatant status upon certain civilians. The range of individuals eligible for this status was defined narrowly to include only ‘inhabitants’ of invaded territories. This approach made sense in the nineteenth and early twentieth centuries when international travel was beyond the reach of all but the elite minority. Today however, mass air transit has expanded horizons and allows people to travel and to emigrate much more readily. Consequently, the global diaspora of emigrants is larger now than ever before. As seen during the Russian invasion of Ukraine beginning in February 2022, many among these diaspora communities wish to return to defend their homelands upon invasion. This is precluded under the orthodox interpretation of international humanitarian law owing to their lack of residency. This is unsatisfactory as it bars individuals with legitimate familial, political, cultural, and historical connections to a State from participating in a levée in its defence. This article sets out the policy and legal arguments in favour of recognising non-resident citizens – or ‘diaspora fighters’ – as legitimate participants in levées en masse. [ABSTRACT FROM AUTHOR]

Rule of proportionality strikes a bargain in launching attacks. It demands that military commanders suspend or cancel operations if collateral damage anticipated from an attack exceeds the potential military advantage offered. The definitional phrase military advantage has been the subject of a rich debate, varyingly interpreted to expand or limit the scope of attacks. This paper participates in the debate, advocating that military advantage must be limited to exclude attacks on objects that indirectly contribute to military potential, such as, economic, social, psychological or political advantage, which invariably target civilians or civilian enterprises. It critically engages with the principles and precedents invoked to legitimise a broader understanding of military advantage. It posits that such attacks disregard belligerents’ privileges, and render unbound categories of civilian objects susceptible to destruction. Pursuantly, the rule of proportionality, originally articulated to nuance and improve the rule of distinction, is usurped to violate the latter. [ABSTRACT FROM AUTHOR]

This article explores the critical issue of detainee protection in the complex landscape of contemporary non-international armed conflicts and counterterrorism operations. It examines the interplay between international humanitarian law and international human rights law, highlighting the challenges in their application and interpretation. The article delves into the contemporary challenges faced in protecting detainees, including the involvement of non-state armed groups, extraterritorial detention practices, administrative detention, and the impact of counterterrorism measures. It proposes a multifaceted approach to enhancing detainee protection, encompassing strategies for strengthening compliance with the legal framework, addressing the specific needs of vulnerable groups, and promoting best practices and capacity-building. The article argues that a comprehensive and contextualised approach, grounded in the principles of humanity and human dignity, is essential to effectively safeguard the rights and well-being of detainees in these challenging contexts. [ABSTRACT FROM AUTHOR]

Using the development of the last decade of the current century as a temporal reference point, this study tackles the urgent task of understanding and promoting an effective implementation of IHL (International Humanitarian Law) within the context of the armed conflict in the Colombian Caribbean region. Based on this analysis, there's an identified need for a harmonious approach grounded in participatory premises, considering both local residents and actors directly involved in the conflict. It's worth noting that this analysis particularly highlights the case of the Gulf Clan as an example. Employing a primarily qualitative methodology, in line with its nature, this study aims to provide a refreshed and contextual perspective that can guide future research and public policies in the realms of IHL. Consistent with its objectives, the importance of refining methodologies given the ever-changing nature of conflicts in the region is emphasized. [ABSTRACT FROM AUTHOR]

As well as being a means to reduce international tension and promote peace, multilateral disarmament efforts support and strengthen international humanitarian law (IHL) by mitigating the impact of armed conflict. Multilateral disarmament treaties both remove types of weapons that by their nature are likely to be used in violation of IHL, and build global norms that stigmatize and delegitimize such weapons. These norms affect the behaviour even of states that have not joined the treaty concerned. These twin effects mean that over time, states become both less able and less willing to use weapons in violation of IHL. The experience with disarmament treaties such as the biological and chemical weapons conventions and the treaties banning antipersonnel landmines and cluster munitions provides useful lessons for efforts to eliminate nuclear weapons and to develop legally-binding measures to deal with autonomous weapon systems. [ABSTRACT FROM AUTHOR]

Humanitarian diplomacy seeks the collaboration and complicity of public institutions to ensure the effectiveness of its prevention, promotion, protection and reparation functions. It aims to address the complex symbiosis between traditional diplomatic action and the praxis of the new humanitarianism in the interest of the persons affected, regardless of their affiliation in the conflict, and in accordance with international law. The success of this new institution will depend on its interaction with the elements --in terms of challenges and opportunities-- that define the current changing landscape of international society. The increasing and concurrent diversity of crises and disasters, the plurality and proliferation of new subjects and actors, the high intensity of asymmetrical and hybrid armed con- flicts, characterized by dehumanisation and denial of the other, the emergence of new technologies, including artificial intelligence, as well as the contempt for the most basic principles of international humanitarian law, are some of the challenges that humanitarian diplomacy will have to face. [ABSTRACT FROM AUTHOR]

Spain is committed to promoting justice, democracy and a multilateral order based on rules throughout the world because, although conflicts seem geographically distant from our borders, that peace is the necessary condition for international stability and for development, progress and, ultimately, freedom both within and beyond our borders. Among the measures adopted by our country, the approval in January 2023 of the first Humanitarian Diplomacy Strategy stands out, an exercise aimed at strengthening the humanitarian perspective in the State's foreign action and increasing the coherence of the instruments at our disposal through three of the five strategic objectives of the Agenda for Humanity: preventing and resolving conflicts; promote respect for International Humanitarian Law; protect people in vulnerable situations. [ABSTRACT FROM AUTHOR]

Belligerent reprisals are a controversial and largely discredited mechanism for the enforcement of international humanitarian law. Additional Protocol i of 1977 prohibits a range of reprisal activity, including reprisals against enemy civilians. A (relatively small) number of States are not Parties to Additional Protocol i, whilst some States Parties have made declarations and/or reservations to the Protocol which could be seen as attempts to limit the operation of the prohibition. Its status as a rule of customary international law is therefore an important question. This article argues that opposition to the prohibition in customary law is neither as widespread nor consistent as has previously been suggested and that the weight of evidence points towards the existence (or development) of a customary prohibition. Consistent opposition by the UK and the US, however, makes it unlikely that the customary prohibition would be opposable to those particular States. [ABSTRACT FROM AUTHOR]

In this piercing analysis, we delve into the heart of the international legal quandary surrounding Israel's genocidal onslaught in Gaza, unraveling the intricate tapestry of narratives deployed to obfuscate its egregious crimes against the Palestinian populace. This study boldly contends that even as Israel and its cohorts cloak their actions under the guise of "self-defense," the sheer brutality of their deeds shatters the veneer of legitimacy, casting doubt upon this pretext and other sacrosanct notions enshrined in the annals of international discourse. Central among these is the revered paradigm of "international humanitarian law," a bastion of justice now imperiled as facts and testimonies from the crucible of Gaza's warfare lay bare a stark truth: might, not morality, has become the arbiter of international conduct, leaving the edifice of global legality in tatters. [ABSTRACT FROM AUTHOR]

Background: This study explores the impacts of attacks perpetrated in the context of armed conflict, to female health workers in three Colombian territories. Methods: We conducted a document review of the reports and databases of the Colombian Truth Commission, 17 in-depth semi-structured interviews with experts on the national and regional armed conflict and the medical mission, and 26 female health workers who were victims of attacks. Results: Experts and female health workers reported attacks to health activities, facilities, equipment, and personnel, including attacks to traditional doctors belonging to indigenous communities. The most frequent attacks were threats and retention of health personnel; theft of supplies and medicines; damage and use of infrastructure and means of transport for purposes other than health care; and hinderance of health service provision. The attacks occurred in a framework of structural violence that intersects with poverty, racism, and gender bias. The impacts of these attacks include gender-based violence, significant disruption of the lives of health workers, and physical, emotional, psychological, social, and economic effects on the victims and their families. The government response to protect victims and populations has been absent or insufficient. Conclusions: Attacks to health care were reported in all the studied territories obstructing adequate health care. Impacts of these attacks affect negatively the professional and personal life of the workers and are aggravated by structural violence and absent or little institutional response. [ABSTRACT FROM AUTHOR]

Background: Since the Hamas attacks in Israel on 7 October 2023, the Israeli military has launched an assault in the Gaza Strip, which included over 12,000 targets struck and over 25,000 tons of incendiary munitions used by 2 November 2023. The objectives of this study include: (1) the descriptive and inferential spatial analysis of damage to critical civilian infrastructure (health, education, and water facilities) across the Gaza Strip during the first phase of the military campaign, defined as 7 October to 22 November 2023 and (2) the analysis of damage clustering around critical civilian infrastructure to explore broader questions about Israel's adherence to International Humanitarian Law (IHL). Methods: We applied multi-temporal coherent change detection on Copernicus Sentinel 1-A Synthetic Aperture Radar (SAR) imagery to detect signals indicative of damage to the built environment through 22 November 2023. Specific locations of health, education, and water facilities were delineated using open-source building footprint and cross-checked with geocoded data from OCHA, OpenStreetMap, and Humanitarian OpenStreetMap Team. We then assessed the retrieval of damage at and with close proximity to sites of health, education, and water infrastructure in addition to designated evacuation corridors and civilian protection zones. The Global Moran's I autocorrelation inference statistic was used to determine whether health, education, and water facility infrastructure damage was spatially random or clustered. Results: During the period under investigation, in the entire Gaza Strip, 60.8% (n = 59) of health, 68.2% (n = 324) of education, and 42.1% (n = 64) of water facilities sustained infrastructure damage. Furthermore, 35.1% (n = 34) of health, 40.2% (n = 191) of education, and 36.8% (n = 56) of water facilities were functionally destroyed. Applying the Global Moran's I spatial inference statistic to facilities demonstrated a high degree of damage clustering for all three types of critical civilian infrastructure, with Z-scores indicating < 1% likelihood of cluster damage occurring by random chance. Conclusion: Spatial statistical analysis suggests widespread damage to critical civilian infrastructure that should have been provided protection under IHL. These findings raise serious allegations about the violation of IHL, especially in light of Israeli officials' statements explicitly inciting violence and displacement and multiple widely reported acts of collective punishment. [ABSTRACT FROM AUTHOR]

The Russia-Ukraine war demonstrates the crucial role of technology in modern warfare. The use of digital networks, information infrastructure, space technology, and artificial intelligence has distinct military advantages, but raises challenges as well. This essay focuses on the way it exacerbates a rather familiar challenge: the "civilianization of warfare." Today's high-technology warfare lowers the threshold for civilian participation in the war effort. A notable example is the widespread use of smartphone apps by Ukrainian civilians, who thereby help the armed forces defend against Russian aggression. Through the lenses of international humanitarian law, conventional just war theory, and revisionist just war theory, this essay evaluates the normative dimensions of such civilian participation. The analysis shows that civilians can lose their legal protections when they use these apps to directly participate in hostilities, and this loss of immunity can be justified by Michael Walzer's conventional just war theory. Revisionism, however, puts the justness of the war at the forefront, and so sheds doubt on the moral liability of Ukrainian civilians. Considering the broader implications, including the blurring combatant-civilian distinction, indicates that such civilianization of warfare should not be welcomed; the risks will often outweigh the benefits. At a minimum, states ought to exercise restraint in mobilizing civilians and inform them of the implications of their actions. [ABSTRACT FROM AUTHOR]

Since commencing its illegal invasion in 2022, the Russian military and authorities have committed numerous war crimes against the people of Ukraine. These include the mutilation and execution of combatants; the torture, kidnapping, forced expulsion, rape, and massacre of civilians; and indiscriminate attacks on densely populated areas. In this essay, I evaluate the strategic implications of this misconduct, focusing exclusively on Western responses. I argue that war crimes can and often do negatively impact the strategic goals of the perpetrator, but whether and how this occurs is rarely governed exclusively by the offending action. Western perceptions of battlefield atrocity, shaped as they are by identity, race, and politics, may radically shift from one context to another. In the case of the Russia-Ukraine war, the status of both the participants and the conflict itself has helped inculcate a particular sensitivity among Western actors to the battlefield criminality of Russia. Drawing on evidence from the 2022 Bucha massacre and the ongoing bombing of Ukrainian civilians, I argue that Russian misconduct has consolidated Western support for the Ukrainian military effort, politically, diplomatically, and materially. [ABSTRACT FROM AUTHOR]

The aim of this article is to examine the use of the OSCE Moscow Mechanism in the war in Ukraine. Following this brief introduction, the first section is devoted to OSCE mechanisms in general, with special emphasis on the Moscow Mechanism. Against this background, section two presents and analyses the conclusions of the reports of the OSCE missions to Ukraine. Finally, in the conclusions, the authors point to the value of the Moscow Mechanism and its meaning for peaceful resolution of conflicts and international security. The research method consists of formal-legal analysis of legal acts such as the Geneva Conventions on the protection of victims of armed conflicts (1949) and Additional Protocol I on the protection of victims of international armed conflicts (1977) as well as reports of the OSCE expert missions and NGOs such as Amnesty International and Human Rights Watch. [ABSTRACT FROM AUTHOR]

Mercenaries are individuals who participate in a armed conflict with the objective of pursuing personal gain. Mercenaries are often viewed as a unlawful combatant who does not have to follow the same rules of war as state forces. Mercenaries are nevertheless subject to International Humanitarian law such as Geneva Convention which prohibites parties from commiting war crimes and other grave International Humanitarian Law infractions.This articles focuses on legal implications of war crimes commited by Georgian Legion, a Mercenaries group that actively participate in Russo-Ukrainian war alongside Ukrainian forces within the Donbad region of eastern Ukraine in 2022, allegations were made against the Legion for engaging in the execution of Russian prisoners of war (POWs) in Dmytrovka, Kiev Oblast in March 2022. This studies based on normative legal research method which approach based on library materials and secondary data. This articles begins by presenting summary of the legal standing of mercenaries in accordance with International Humanitarian Law (IHL), including the prohibiton on commiting war crimes then the article examines the case of Georgian Legion and how the prosecution of the war crimes were conducted. This articles concludes that the act of executing prisoners of war by mercenaries is a grave infringement of international humanitarian law. This case is also serves as evidence supporting the needs of global collaboration in the prosecution of mercenaries who commit war crimes. [ABSTRACT FROM AUTHOR]

Background: Russia's invasion of Ukraine in February 2022 ignited the largest armed conflict in Europe since World War II. Ukrainian government agencies, civil society organizations, and international agencies have gathered an unprecedented amount of data about the impact of war on the environment, which is often the silent victim of war. We review these data and highlight the limitations of international governance for protection of the environment during time of war. Methods: We performed an integrative review of academic, institutional, and media information resources using the search terms "Ukraine", "Russia", "war", "environment", "health", "human rights", "international humanitarian law", "international human rights law", "ecocide", and "war crimes". Main text: Nearly 500,000 military personnel have been killed or wounded during the war, and more than 30,000 civilians have been killed or injured. Indirect health effects of the war have likely accounted for an even greater amount of civilian morbidity and mortality. The war has displaced more than 11 million people. Russia's military forces have caused extensive damage to civilian infrastructure. The war has devastated Ukraine's economy and reduced food and energy security in many countries. The war has caused more than $56.4 billion in damage to the environment. There has been widespread chemical contamination of air, water, and soil, and 30% of Ukraine has been contaminated with landmines and unexploded ordnance. Landscape destruction, shelling, wildfires, deforestation, and pollution have adversely affected 30% of Ukraine's protected areas. Russia's seizure of the Zaporizhzhia Nuclear Power Plant and destruction of the Nova Kakhovka Dam have posed risks of long-term environmental catastrophe. Most of these environmental impacts threaten human health. Conclusion: In addition to enormous human costs, Russia's war on Ukraine has had devastating impacts on the natural environment and the built environment. International law mandates that methods of warfare must be implemented with due regard to the protection and preservation of the natural environment. A just and lasting peace necessitates, among other requirements, rebuilding and restoration of Ukraine's natural environment and built environment. The environmental consequences of all wars need to be investigated and more effective measures need to be implemented to protect the environment during war. [ABSTRACT FROM AUTHOR]

On 4 August 2022, Amnesty International published its report 'Ukraine: Ukrainian Fighting Tactics Endanger Civilians', in which it accused Ukraine of violating international humanitarian law 'by establishing bases and operating weapons systems in populated residential areas, including in schools and hospitals' and in this way putting civilians at risk. According to the report, '[s]uch tactics violate international humanitarian law and endanger civilians, as they turn civilian objects into military targets. The ensuing Russian strikes in populated areas have killed civilians and destroyed civilian infrastructure'. The report sparked some controversies. The question that the author attempts to answer in this article is whether there are any factual or legal arguments supporting the conclusions of the report. [ABSTRACT FROM AUTHOR]

This article reflects on the UN response to the earthquakes in Türkiye and Syria in February 2023, and specifically the fact that while the UN responded immediately in southern Türkiye, it did not do so in non-government-controlled northwest Syria. The UN explained that its 'longstanding position' was that aid could not be delivered across an international border without host government consent or Security Council authorisation. This article seeks to understand this position. It reviews the law applicable to cross-border humanitarian assistance, and the guidelines and tools that shape the UN's emergency response. It argues that international law allows cross-border humanitarian assistance without host State consent; however, that the UN's guidelines and tools do not facilitate the provision of assistance in such a scenario. The article concludes by calling for a review of the law, policies and guidelines that shape the way the UN responds to rapid-onset disasters in conflict contexts. [ABSTRACT FROM AUTHOR]

The lethal autonomous weapon systems -LAW- are cybernetic entities capable of selecting and attacking targets without direct human intervention, supported by Artificial Intelligence -AI-, as opposed to conventional weapons, which are controlled by human beings. The objective of this research is to externalise the legal incompatibility of LAWs with respect to the principles of precaution, proportionality and distinction inserted in International Humanitarian Law that have been configured only for human beings as well as to identify the evident moratorium to filter/optimise -as a new weapon- the current critical use of these systems, evidencing the lack of international criminal power that emerges normatively as a result of the indistinction of technological malice, and the need to configure impartiality in the veto power of the substantial decisions regarding peaceful or non-peaceful settlements of the UN Security Council, as a result of their contemporary legal unpredictability. The conclusions aver that a permanent jurisdiction and universal competence are indispensable for their applicability, which should be governed by a potential international instrument regulating the use of LAWs in correlation with the applicable customary norms. [ABSTRACT FROM AUTHOR]

Developments in machine learning prompt questions about algorithmic decision-support systems (DSS) in warfare. This article explores how the use of these technologies impact practices of legal reasoning in military targeting. International Humanitarian Law (IHL) requires assessment of the proportionality of attacks, namely whether the expected incidental harm to civilians and civilian objects is excessive compared to the anticipated military advantage. Situating human agency in this practice of legal reasoning, this article considers whether the interaction between commanders (and the teams that support them) and algorithmic DSS for proportionality assessments alter this practice and displace the exercise of human agency. As DSS that purport to provide recommendations on proportionality generate output in a manner substantively different to proportionality assessments, these systems are not fit for purpose. Moreover, legal reasoning may be shaped by DSS that provide intelligence information due to the limits of reliability, biases and opacity characteristic of machine learning. [ABSTRACT FROM AUTHOR]

The trend toward the "humanization" of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This essay argues, however, that a court should not defer to a state's characterization of hostilities, but should base its analysis on whether hostilities meet the criteria for an armed conflict. Applying HRL to hostilities that effectively are an armed conflict but not acknowledged as such risks diluting the legitimacy and normative force of HRL. On the one hand, if a court applies conventional stringent HRL standards, this body of law may be seen as unrealistic and is likely to be ignored. On the other hand, a court that adapts HRL standards to armed conflict may need to take a consequentialist approach at odds with HRL's deontological foundations. Clearly differentiating between HRL and IHL may thus best promote the humanization of warfare. [ABSTRACT FROM AUTHOR]

This article outlines and evaluates the US perspective on how treaty and customary international law protect the natural environment during international armed conflict. It surveys the relevant treaties to which the United States is a party and examines US views on their pertinent provisions. It then assesses claims that the environmental obligations residing in the 1977 Additional Protocol I to the 1949 Geneva Conventions have attained customary status, outlines the United States' rejection of those claims, and evaluates the reasonableness thereof. Finally, it highlights ambiguities in certain US environmental positions, the resolution of which would bring much-needed clarity to the law. [ABSTRACT FROM AUTHOR]

In 2020, the International Committee of the Red Cross's work on the protection of the natural environment under international humanitarian law (IHL) produced the Committee's Guidelines on the Protection of the Natural Environment in Armed Conflict (ICRC Guidelines), an update of their 1994 predecessor. The ICRC Guidelines consist of thirty-two rules and recommendations under IHL, each accompanied by a commentary explaining their legal basis and providing guidance for interpretation. This article presents an overview of the context surrounding the Guidelines, certain key legal content, and practical implications for the conduct of parties to armed conflict as they fight. [ABSTRACT FROM AUTHOR]

In this iteration of the Review 's "Beyond the Literature" series, we have invited Ezequiel Heffes to introduce his recent book Detention by Non-State Armed Groups under International Law , before then posing a series of questions to Tilman Rodenhäuser, René Provost, Mariana Chacón Lozano and Katharine Fortin, who have agreed to serve as discussants of the book. Tilman Rodenhäuser is a Legal Adviser at the International Committee of the Red Cross (ICRC), with particular expertise in non-State armed groups (NSAGs) and detention. René Provost is the James McGill Professor of Law at McGill University and has written extensively on public international law, including his recent monograph Rebel Courts: The Administration of Justice by Armed Insurgents. Mariana Chacón Lozano has served as the Operational Legal Coordinator for the ICRC in Colombia since October 2020 and has worked for the ICRC since 2011. Katharine Fortin is Associate Professor at the Netherlands Institute of Human Rights within the Faculty of Law, Economics and Governance of Utrecht University. The Review team is grateful to all four discussants, and to Ezequiel, for taking part in this engaging conversation. [ABSTRACT FROM AUTHOR]

Dr Marja Lehto is Ambassador for International Legal Affairs at the Ministry for Foreign Affairs of Finland, and Adjunct Professor of International Law at the University of Helsinki. She was a member of the United Nations (UN) International Law Commission (ILC) and served as the Special Rapporteur for the topic "Protection of the Environment in Relation to Armed Conflicts" from 2017 to 2022. Dr Lehto is also a member of the Council of the International Institute of Humanitarian Law since 2019. She has formerly served, inter alia , as Legal Adviser to the Finnish UN Mission in New York (1995–2000), as Head of the Unit for Public International Law (2000–09), and as Finland's Ambassador to Luxembourg (2009–14). For most of her career, she has worked on issues related to international peace and security, including international criminal justice and international humanitarian law (IHL), and she has published on a broad range of international legal questions related to the law of the sea, international environmental law (IEL), State succession, use of force, armed conflicts, terrorism and cyber security. [ABSTRACT FROM AUTHOR]

Protected areas safeguard biodiversity of global ecological importance, even throughout armed conflicts. The International Law Commission's Principles on Protection of the Environment in Relation to Armed Conflicts propose that certain ecologically important areas could be designated as protected zones during armed conflicts. This article uses a geospatial analysis of armed conflicts and Key Biodiversity Areas and three case studies to inform recommendations on how the protection of ecologically important areas could be enhanced through visibility, local actors and international stakeholders as part of a broader interpretation of a protected zone. [ABSTRACT FROM AUTHOR]

The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and institutions like the International Law Commission have started to reflect on how to better protect the environment in armed conflict through the lens of another branch of international law, namely, international environmental law (IEL). Such an approach has involved examining the interplay between IHL and IEL, and scholars have subsequently proposed and then elaborated on frameworks in that respect. This paper intends to identify common trends of those frameworks and to critically appraise them, with the aim of providing a suitable approach to the interplay between IHL and IEL. [ABSTRACT FROM AUTHOR]

Given the increasing size and functions of United Nations (UN) peace operations (POs) and the fact that they often operate in contexts where natural resources are degraded, POs have repercussions on the environment. Yet, there is not much literature on their obligations regarding the protection of the environment in relation to armed conflicts. This article provides insights into the obligations of POs in relation to armed conflict. First, it highlights POs' customary international environmental law obligations. Second, it delves into their environmental obligations under the UN's internal rules and the host State's laws. Third, it explores obligations that arise from their mandates. In each of these sections, the article highlights the relevance and application of these obligations in armed conflicts. The last section examines the obligations of POs to protect the natural environment under international humanitarian law. [ABSTRACT FROM AUTHOR]

Actors engaging in a diverse set of environmental protection activities are experiencing serious difficulties executing their mandates during armed conflict, leading to environmental harm that could otherwise have been mitigated. This article examines to what extent the international legal and policy framework can ensure the protection of environmental protection actors during armed conflict. It is argued that environmental protection actors can be seen either as part of civil defence organizations or as humanitarian relief actors, and are therefore covered by special protections under international humanitarian law. However, two main challenges remain: (1) despite these existing provisions, environmental protection actors may still face access and safety issues during armed conflict, and (2) within this framework, environmental protection activities must be linked to civilian needs and cannot be conducted based on ecocentric motivations. To overcome these challenges, the article introduces the concept of "environmentarian corridors". Environmentarian corridors would allow for the unimpeded movement of environmental protection workers and resources through contested territory and into emergency areas to protect the environment. They would also serve to increase awareness about obligations to protect the environment and would help to ensure the safety of environmental protection actors during armed conflict, as the role and mandate of these actors is explicitly accepted by stakeholders. Additionally, environmentarian corridors offer potential for conducting environmental protection activities on ecocentric grounds. The article concludes by advocating for stakeholders to employ the provisions and concepts articulated herein as a means to further promote and strengthen initiatives aimed at protecting the environment during armed conflict. [ABSTRACT FROM AUTHOR]

Both gender and the environment have traditionally been positioned at the periphery of international humanitarian law (IHL). In recent decades, there has been important progress in moving both concerns closer to its centre; to date, however, an understanding of the intersection of gender and the environment in the legal regulation of armed conflict remains largely underdeveloped. Nevertheless, as the present article documents, there are important similarities in strategies pursued to advance both gender and the environment from the periphery to the mainstream of IHL, namely: first, a focus on sources of IHL, in particular concretizing arguably limited specific treaty content with interpretive guidance and implementation frameworks; second, a conceptual critique of prevailing definitions of "harm" in IHL; and third, advancing, through close empirical documentation and household-level analysis of conflict's effects, understandings of harm that capture so-called "second-round" effects of conflict. Recognizing these important affinities between gender and environment work in IHL, this article draws on these insights to propose a typology of gendered environmental harm in conflict. The article concludes with proposals for enhancing the legal and operational capture under IHL of the gender–conflict–environment nexus. [ABSTRACT FROM AUTHOR]

International human rights law and international humanitarian law (IHL) contain few obligations for rebel groups, yet those groups are nonetheless under pressure to comply with their foundational international norms. This case study of the Kosovo Liberation Army (KLA) analyzes the evolution of its discourse and behavior related to human rights and IHL. It then compares changes in the group's discourse to evidence of changes in behavior. The study finds that the KLA does significantly change its language, gradually incorporating such language over time, but it also demonstrates that this change is not accompanied by improvements in human rights and IHL adherence in its behavior. The study considers whether greater adoption of these norms is better explained by a constructivist or a rationalist approach and, in particular, looks at the role of legitimacy. In addition, it offers insight into how groups may respond to future pressure to follow these norms. [ABSTRACT FROM AUTHOR]

While ambiguity is a common feature of international obligations, there is a strong theoretical anticipation that ambiguities may be exploited, and obligations circumvented, under competing interests. This article largely backs this anticipation. The article scrutinises how ambiguous arms export control obligations are handled under strong incentives for arms export. The empirical case explored is the UK government's arms exports to Saudi Arabia during the war in Yemen. Exports continued despite evidence that the Saudi-led coalition was violating international humanitarian law (IHL) in Yemen, and despite obligations not to export if there is a risk that the exported equipment can be used in IHL violations. A resulting legal challenge against the UK government provides valuable information about the role of ambiguity in the implementation of arms export controls. Drawing on primary sources from the legal process, this article argues that the UK government has taken advantage of linguistic ambiguity. The article also argues that the government has engaged in the continuous construction of ambiguity around events in Yemen and around the ideal parameters for arms trade risk assessment. Together, these strategies have facilitated continued arms exports to Saudi Arabia. [ABSTRACT FROM AUTHOR]

This article examines the extent to which peacekeeping operations in the Democratic Republic of the Congo (DRC), and specifically Operation Sukola II, effectively applied the UN human rights due diligence policy (HRDDP) in the period under review (2014–2021), based upon reports and interviews with individuals with knowledge of the peacekeeping operations. It analyses the complexity and challenges the peacekeepers and Congolese government confronted in the application of HRDDP in the DRC, noting the different challenges in applying this policy due to the highly volatile situations faced. The study argues that in applying the policy in situations such as the DRC, where the conflict is complex, the UN needs to be responsive to unexpected contingencies, with a high degree of flexibility and resilience. It recommends that the UN should review its HRDDP and update its procedures based on gained experience. [ABSTRACT FROM AUTHOR]

Background: Yemen has been experiencing a protracted civil war and humanitarian crisis since 2015, which has resulted in many war-related injuries. However, there is a lack of data on the epidemiology, characteristics, and outcomes of these injuries, especially the orthopedic ones. This study aimed to describe the war-related orthopedic injuries in Yemen and their impact on the patients' health and function. Methods: This was a retrospective study based on medical records and trauma registries of 3930 patients who were admitted to three major trauma centers in Sana'a city with war-related orthopedic injuries from January 2015 to December 2020. We collected data on demographics, injury mechanisms, injury types and locations, surgical procedures, complications, mortality, and functional outcomes using the Musculoskeletal Function Assessment questionnaire. We used descriptive and inferential statistics to analyze the data and performed a logistic regression analysis to identify the factors associated with mortality. Results: Most of the patients were young males and civilians who suffered from complex and severe injuries involving multiple body regions, especially the lower extremities. The main mechanisms of injury were gunshot wounds, blast injuries, and landmine explosions. The patients required multiple surgical procedures and implants, and had high rates of complications and mortality. The most common complications were infection, nonunion, malunion, and amputation. The most common cause of death was sepsis. The functional outcomes were poor, as indicated by the high mean MFA score. The logistic regression analysis showed that older age, blast injuries, spine injuries, vascular injuries, and infection were significant predictors of mortality. Conclusion: This study provides valuable information on the war-related orthopedic injuries in Yemen and their impact on the patients' health and function. It also identifies some areas for future research, such as exploring the risk factors for infection and nonunion/malunion, evaluating the effectiveness and cost-effectiveness of different surgical procedures and implants, assessing the long-term outcomes and quality of life of the patients, and developing novel strategies to enhance bone and soft-tissue healing. [ABSTRACT FROM AUTHOR]

The presented paper discusses the convergence of international humanitarian law and international human rights law in armed conflicts. International human rights law and the human rights law converge and interact with each other because natural law is at the core of both these disciplines of public international law. Although international humanitarian law is a lex specialis , the general rules regarding the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its possible derogations must be compatible with other international obligations of the state, including humanitarian law. In the event of a conflict between international humanitarian law and international human rights law, the mechanism for resolving conflicts between the standards was supplemented by an interpretation based on the principle of 'system integration' of the International Court of Justice which results in the 'humanization' of international humanitarian law. The evolution of the case-law of the European Court of Human Rights, which takes into account the international humanitarian law as the reference norm that should be referred to, demonstrates the close relationship between these areas of law. In the case of the application of universal and regional instruments of international human rights law, we are dealing with the 'humanitarianization' of these rights. [ABSTRACT FROM AUTHOR]

Background: Colombia has experienced decades of conflict between the government and non-state actors. Attacks on healthcare have been a grave but regular facet of that violence. In response, the Misión Médica (MM) program was developed to support, protect, and defend healthcare. Sporadic violence continues, with many recent attacks perpetrated not by armed actors but by residents. Given the history of conflict and ongoing violence, we sought to capture the perspectives of both healthcare workers (HCWs) and community members (CMs) regarding the characteristics and impacts of attacks on health in Colombia to gain insight into how to better prevent violence and mitigate its impacts. Methods: A cross-sectional survey was conducted from January to March 2021 in seven departments in Colombia in regions that witnessed attacks on healthcare. Questionnaires were administered to HCWs and CMs via purposive sampling, probing their experiences with attacks on health with both closed and open-ended questions. The categorical responses were stratified by health worker vs. non-health worker and descriptively analyzed. Narrative responses were analyzed via a hybrid deductive/inductive thematic approach. Results: Seventy-three individuals participated in the study (36 HCWs and 37 cm). Approximately 77% of HCWs believed that attacks on healthcare impacted health outcomes while 68% of CMs did not see a direct connection between violence against healthcare and poor health outcomes. Awareness of the MM program was significantly different between HCWs (83.3%) and CMs (37.8%). The survey responses explored the characteristics of attacks on health, compounded impacts of violence on the health system, personal impacts, and perspectives on mitigation efforts. Conclusions: The study demonstrates that: (1) attacks on healthcare are context-dependent and require a local lens for mitigation and management; (2) both HCWs and CMs have critical perspectives that must be considered, (3) the impacts of violence against healthcare are complex and compounded and (4) that awareness of the legal protections of the Geneva Conventions must be combined with education on the health impacts for robust protection strategies. Critically, Both CMs and HCWs experience fear and psychosocial ramifications of these attacks, suggesting the need for stronger protections and resources to support the health workforce and the local community. [ABSTRACT FROM AUTHOR]

Through the idea of asking what I describe as 'jester's questions' that are comfortable with paradox, this Afterword to the Special Issue reflects upon the value of critical, multi-disciplinary approaches for international law, the parallel binaries and pluralities in international law, and the relevance and capabilities of international humanitarian law regarding legal identity under insurgencies and unrecognised states. I suggest that the critique offered by the multi-/inter-disciplinary approaches in this Special Issue highlights international law's limits given the realities of the issuance of identity documentation by non-state entities. At the same time, precisely by illuminating those practical realities, this collection alerts us to the accompanying nuances existing in the law. Through this entry point, we are encouraged back, better-equipped, to international law and to better understand where and how it can already cope with greater complexity and compromise than might often be assumed. It allows us to place real demands on the law to prove itself as relevant and capable of protecting people, somehow holding together that paradox of universal principle and grounded application. [ABSTRACT FROM AUTHOR]

International humanitarian law requires that the bodies of those who die as a result of armed conflict, whether of international or non-international character, must be protected, treated with dignity, and all available information recorded prior to their disposal. In practice, non-international conflicts have become more prevalent over the last years, resulting into a proliferation of non-state armed groups who increasingly hold territory and provide governance-like services, such as the case of the Syrian Arab Republic and the Republic of Iraq. In providing services to populations under control through the establishment of a civilian administration, non-state armed groups have recorded deaths and issued death certificates. In response, States have introduced cumbersome procedures to recognize the fact of death for inheritance purposes, though not necessarily recognizing insurgent death certificates alone as proof for death. Failure to obtain a valid proof of death for the death of a family members' results in denial of myriad rights afforded to surviving relatives. In considering the gravity and scale of this problem, this study considers whether the obligation to record deaths under humanitarian law, the obligation of humane treatment and the right to know the fate of relatives can shed light on how states may regard the validity of insurgent death certificates. [ABSTRACT FROM AUTHOR]

ChatGPT launched in November 2022, triggering a global debate on the use of artificial intelligence (AI). A debate on AI-enabled lethal autonomous weapon systems (LAWS) has been underway far longer. Two sides have emerged: one in favor and one opposed to an international law ban on LAWS. This essay explains the position of advocates of a ban without attempting to persuade opponents. Supporters of a ban believe LAWS are already unlawful and immoral to use without the need of a new treaty or protocol. They nevertheless seek an express prohibition to educate and publicize the threats these weapons pose. Foremost among their concerns is the "black box" problem. Programmers cannot know what a computer operating a weapons system empowered with AI will "learn" from the algorithm they use. They cannot know at the time of deployment if the system will comply with the prohibition on the use of force or the human right to life that applies in both war and peace. Even if they could, mechanized killing affronts human dignity. Ban supporters have long known that "AI models are not safe and no one knows how to reliably make them safe" or morally acceptable in taking human life. [ABSTRACT FROM AUTHOR]

International lawyers ascribe to the lex specialis principle three distinctly different meanings. Thus, lex specialis is referred to, first, as a norm designed to resolve conflicts between entire categories of norms; secondly, as a norm designed to resolve conflicts on a case-by-case basis; and, thirdly, as a rule of interpretation designed to avoid the occurrence of normative conflicts, rather than to resolve them. Scholars have attempted to explain this divergent use of legal language. In so doing, they have consistently had their focus on the different mind-sets or inclinations of lawyers active in different branches of international law. Symptomatic is Marko Milanović, who pictured the divergent use of lex specialis as a reflection of a debate waged between "human rights enthusiasts" and "human rights sceptics". This article approaches the issue at a different level of abstraction. As it argues, the divergent use of lex specialis is the result of users' different conceptions of an international legal system. Thus, lawyers conceive differently of the lex specialis principle, depending on whether they take the position of a legal positivist, a legal idealist or a legal realist. In no case are lawyers equipped to conceive of this principle in all of its three senses. [ABSTRACT FROM AUTHOR]

The scale of attacks on healthcare has become more visible and its impact greater in recent armed conflicts in Ukraine, Sudan and Myanmar. In these conflicts, combatants systematically target health facilities and ambulances. We need to ensure that attacks on healthcare do not become the new norm amongst governmental troops and non-State armed groups. There is limited evidence about why and how attacks on healthcare have become "normal" practice amongst many combatants, despite the likely tactical and strategic costs to themselves. We are convinced that the problem now needs to be tackled like any other public health issue by assessing: the scale of the problem; who is the most at risk; identifying risk factors; developing new interventions to prevent the risks or address the issue; and evaluating the effectiveness of these interventions. [ABSTRACT FROM AUTHOR]

Despite the thousands of pages written and words said about the Holocaust, I still am at a loss in trying to understand it. How a European people with a rich cultural tradition that produced some of the world's greatest composers, philosophers and poets could invent, enforce and docilely follow the first industrial genocide in human history remains, for me, an enigma. This essay focuses on the Jews, both numerically and ideologically the principal, but not the only, victims, the Roma being the other principal victims. [ABSTRACT FROM AUTHOR]

This article invites the reader on a journey through the legal arguments that would confirm the application of the United Nations (UN) climate change regime to belligerent occupations. Although the regime is silent on this issue, its application should not be limited to peacetime due to the seriousness of global climate change and its adverse effects on the environment and living entities. A harmonious interpretation and application of the UN climate change regime and the law of occupation would allow Occupying Powers to ensure the safety and well-being of the civilian population and contribute to the protection of the Earth's climate system. [ABSTRACT FROM AUTHOR]

This article argues that the growing involvement of civilians in activities on the digital battlefield during armed conflicts puts individuals at risk of harm and contributes to the erosion of the principle of distinction, a cornerstone of international humanitarian law (IHL). The article begins by outlining the ongoing trend of civilianization of the digital battlefield and puts forward brief scenarios to illustrate it. It then examines the narrow circumstances under which such forms of civilian involvement may qualify as direct participation in hostilities under IHL, and discusses what this means for the individuals concerned, particularly from the perspective of their loss of protection under the law. The analysis shows that certain types of State conduct which put civilians in harm's way by inducing them to directly participate in hostilities may constitute standalone violations of IHL and human rights law obligations. Beyond these specific prescriptions, the encouragement of civilian involvement undermines the principle of distinction, with dangerous ripple effects on the interpretation of those rules of IHL that flow from it. Accordingly, the article concludes that States should act to reverse the trend of civilianization of the digital battlefield and refrain as much as possible from involving civilians in the conduct of cyber hostilities. [ABSTRACT FROM AUTHOR]

Thermobaric weapons cause damage and harm through overpressure and thermal effects, but secondary harm may also occur due to fragmentation, the consumption and depletion of ambient oxygen, and the release of toxic gases and smoke. Several international instruments prohibit or regulate weapons that generate asphyxiating or toxic gases, poison or poisoned weapons, chemical weapons, and weapons primarily designed to be incendiary. Thermobaric weapons are, however, primarily designed for blast and are not specifically covered by, or excluded from, the application of these instruments. The general customary law principles of international humanitarian law that determine the legality of the use of all weapons, including thermobaric weapons, prohibit causing superfluous injury and unnecessary suffering, and the use of indiscriminate weapons. Thermobaric weapons cause severe suffering but will not be rendered unlawful merely because of this effect. These weapons are also not automatically and inherently indiscriminate when used in their normal or designed circumstances. The use of thermobaric weapons, when directed at a military objective, while considering all feasible precautions to protect civilians and civilian objects and the principle of proportionality, will, as a result, be lawful in most circumstances. However, the use of thermobaric weapons should, in a similar manner to heavy explosive weapons, be avoided in urban or populated areas. [ABSTRACT FROM AUTHOR]

Water is the lifeblood of human beings and society, but threats to water, such as the pollution of rivers, cyber crimes, and attacks against water infrastructure, are increasing. In green criminology, scholars have relied on domestic criminal law to develop the concept of crimes against water. This paper argues that international law could provide several frameworks for addressing these crimes. A number of international treaties and customary rules deal directly or indirectly with crimes against water, and the United Nations Security Council has also dealt with crimes against water committed by terrorist groups and parties to armed conflict. Crimes against water may represent violations not only of domestic criminal laws but also of international humanitarian law and human rights law. [ABSTRACT FROM AUTHOR]

This article aims to clarify how international humanitarian law (IHL) rules on targeting apply when drug cartels are party to a non-international armed conflict. The question of distinguishing between a cartel's armed forces and the rest of the cartel members is a pertinent matter. It is crucial to avoid considering every drug dealer a legitimate target, just as we do not consider that everyone working for the government is a legitimate target. Nevertheless, it is unclear at what point a member of a cartel would change from being a criminal to being a member of the armed wing of the cartel, hence becoming a legitimate target. The present article will suggest a teleological approach to solving this conundrum. [ABSTRACT FROM AUTHOR]

Negotiations with organized crime groups occur more often than realized, and raise complex questions of ethics, practice and policy. Currently, law provides few incentives for States to choose the path of negotiation, and thus the political costs and moral hazards remain very high and a mano dura ("firm hand") approach prevails. This paper examines some of the challenges faced by those who in good faith might initiate or participate in negotiations with such groups, offering an assessment of how those challenges can be mitigated and an inquiry, in particular, into how law and policy might be improved or reimagined to make such negotiation more feasible and effective in contexts of armed conflict or other situations of violence. [ABSTRACT FROM AUTHOR]

For international lawyers seeking to promote compliance with international humanitarian law (IHL), some level of affective awareness is essential – but just where one might cultivate an understanding of emotions, and at which juncture of one's career, remains a mystery. This article proposes that what the IHL lawyers and advocates of the future need is an affect-based education. More than a simple mastery of a technical set of emotional intelligence skills, what we are interested in here is the refinement of a disposition or sensibility – a way of engaging with the world, with IHL, and with humanitarianism. In this article, we consider the potential for the Jean-Pictet Competition to provide this education. Drawing on our observations of the competition and a survey with 231 former participants, the discussion examines the legal and affective dimensions of the competition, identifies the precise moments of the competition in which emotional processes take place, and probes the role of emotions in role-plays and simulations. Presenting the Jean-Pictet Competition as a form of interaction ritual, we propose that high "emotional energy" promotes a humanitarian sensibility; indeed, participant interactions have the potential to re-constitute the very concept of humanitarianism. We ultimately argue that a more conscious engagement with emotions at competitions like Pictet has the potential to strengthen IHL training, to further IHL compliance and the development of IHL rules, and to enhance legal education more generally. [ABSTRACT FROM AUTHOR]

This article aims to demonstrate that respect for international humanitarian law (IHL) may help reduce the impact of organized crime in areas affected by armed conflict through a case study of the conflict in Sierra Leone (1991–2002). In this conflict, a symbiosis in violence was created, with diamond smuggling being essential to achieve the parties' military objectives, and those objectives being increasingly shaped by involvement in diamond smuggling. This led to further violence connected with the conflict and breaches of IHL. Ensuring compliance with IHL may therefore reduce the impact of these activities in armed conflicts. An important tool in securing this compliance is the influence of other States not party to the conflict, further to their obligation to ensure respect for IHL. [ABSTRACT FROM AUTHOR]