Search

The relationship between armed conflict, the environment and climate change is intricate and challenging to define. While international humanitarian law (IHL) includes some environmental protections, it did not anticipate the connection to climate change. Climate change can act as a risk multiplier, intensifying negative socio-economic impacts, and conflict-related environmental damage may contribute to climate change. Bridging these fields is crucial, and to this end, this article seeks to interpret IHL considering evolving understandings of armed conflict effects and progress under international environmental law (IEL). The article illustrates how existing norms can address climate change impacts in warfare, and explores how relevant IEL provisions, such as the Paris Agreement and the harm prevention principle, could be applied during armed conflicts to achieve similar goals. [ABSTRACT FROM AUTHOR]

The notion of solidarity, although not new to the humanitarian sector, has re-emerged in recent discussions about effective and ethical humanitarian action, particularly in contexts such as Ukraine and Myanmar where the traditional humanitarian principles have been facing certain pressures. Because solidarity appears as a good but can also involve selectivity and privilege, and because it risks continued militarism and normalization of civilians participating within that militarism, the notion of solidarity merits rich and rigorous thinking. This article explores how the notion of solidarity is being utilized by those currently re-emphasizing its importance and what it might mean in practice in today's humanitarian contexts. The article argues that if solidary action involves not only a political stance but solidary working methods, the recent calls for solidarity demand respect for the variety of principles and practices within the humanitarian ecosystem, while nevertheless upholding mutual obligations owed within that professional community – that is, within careful limits as to what is considered humanitarian action. [ABSTRACT FROM AUTHOR]

The concept of humanity has been much discussed with respect to humanitarian work and international humanitarian law. There is today an idea of a single humanity, with each member equally valued beyond superficial differences in belief, nationality, ethnicity etc., and a global legal framework exists to prevent needless human suffering, including in war. Dehumanization arises linguistically as the negation of a common, positive and mutually supportive humanity, though there is no single definition, and it certainly predates its opposite. Research indicates that dehumanization increases the risk of conflict/violence, increases the risk of abuses therein, and makes it harder to resolve conflict. This paper gives an overview of how humanity is currently defined and used, notably by the International Committee of the Red Cross (ICRC) as one Fundamental Principle of the International Red Cross and Red Crescent Movement, and what dehumanization means especially in relation to conflict and violence. The paper then explores why and how dehumanization happens and the real-world harm that can result when it is espoused or tacitly condoned by those in positions of power. Finally, the paper examines how global legal frameworks and the principle of humanity, bolstered by impartiality, independence and neutrality, in particular as enacted by the ICRC, work to curb and push back against some of the worst harms that dehumanization can cause. [ABSTRACT FROM AUTHOR]

It is unquestionable that Colombian armed conflicts have had adverse impacts on the natural environment in the country. Current transitional justice mechanisms offer an opportunity to recognize harm and responsibility, establish restorative sanctions and reparations and adopt public policies for the recovery of ecosystems and prevention of further damage. This article focuses on how transitional justice mechanisms, especially the Special Jurisdiction for Peace, have addressed the effects of armed conflicts on the natural environment. Specifically, it analyzes the criminal characterization of environmental degradation, the question of whether amnesties and pardons could be granted for such conducts, precautionary measures and the implementation of restorative sanctions related to the environment. It presents some challenges regarding the preservation of the natural environment due to the persistence of armed conflicts after the 2016 Peace Accord between the government and the FARC-EP guerrillas, and the sustainability of reparations for victims and prevention of further damage. It also sustains that the developments of current transitional justice mechanisms may have significant influence on ongoing and future peace negotiations with other armed groups and the processes for establishing responsibility for environmental damages. [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 the face of the triple planetary crisis, which includes climate change, biodiversity loss and environmental degradation, there is growing recognition that the environment needs to be re-evaluated and better protected. Recent developments, such as a values assessment by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), the concept of biocultural rights and the acknowledgment of granting rights to nature, emphasize the intrinsic value of the environment and endorse the understanding of the interconnectedness between humans and non-human entities. These developments are also increasingly evident in legal frameworks; for instance, several domestic legal systems now accept the rights of nature and grant legal standing to natural entities. This expansion in our understanding of the environment challenges the traditional anthropocentric focus of international law, which has primarily prioritized human rights and interests, perceiving humans as having dominance over nature and the liberty to harness its resources. Simultaneously, international environmental law is increasingly recognizing the interdependence of ecosystems and species. This acknowledgment drives the promotion of approaches to environmental management and conservation that centre around ecosystems and local communities. The present article looks at how to reconcile these heightened environmental values and the legal norms in armed conflict by examining two examples: the safeguarding of protected areas and the restoration of the environment post-conflict. By analyzing the changing values and legal developments in this area, the article offers legal and practical tools to support the protection of nature's intrinsic value in future warfare. [ABSTRACT FROM AUTHOR]

Contemporary ecological and climate crises have thrown into sharp relief debates around what roles and responsibilities, if any, international security bodies ought to have in addressing environment-related matters. Building on a wider catalogue of the United Nations Security Council's practice concerning the environment, in this article, we provide a snapshot of the Council's practice pertaining in particular to the environment and armed conflict. In addition to setting out key aspects relating to the personal, geographical and temporal scope of that practice, we identify four armed-conflict-related substantive themes arising in the Security Council's actions in this area: (1) relations between conflict and natural resources; (2) relations between conflict and adverse environment-related phenomena; (3) relations between conflict and chemical and biological weapons; and (4) adverse impacts of conflict on the environment. Through this examination, we aim in part to provide stakeholders with a more extensive and detailed basis on which to evaluate what actions the Council has taken – and, by inference, which actions it has not taken – with respect to the environment and armed conflict. [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 growth of access to the internet, wide availability of smart phones and increased public access to remote sensing data from hundreds of satellite systems have spurred a revolution in tracking the linkages between armed conflict and environmental damage. Over the last decade, a growing community of open-source investigative experts, environmentalists, academics and civil society groups have applied these methods to document war crimes, human rights violations and environmental degradation. These developments have created new opportunities for building accountability and transparency. The wealth of data on conflict-linked environmental damage has already been successfully leveraged to address acute and long-term environmental health risks and inform humanitarian response and post-conflict environmental assessments in Iraq, Syria and Ukraine. There are, however, larger questions on how to best make use of these data streams and information layers, and how to navigate the opportunities and limitations of these developments. This article will outline the new developments in this field and provide recommendations to ensure that data is used responsibly and effectively to strengthen accountability for environmental damages as a result of armed conflict. [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]

Over the last decade, social and behaviour change strategies have increasingly been used to address human rights and child protection concerns, including harmful practices such as child marriage, female genital mutilation and violent discipline. Social and gender norms have also been recognized as key drivers of child recruitment. Nonetheless, the use of social and behaviour change strategies to prevent and respond to the recruitment and use of children in armed conflict has not yet been systematically explored or applied. Building on academic and practical sources, including findings from studies by the International Committee of the Red Cross and United Nations University, social and behavioural science theory, experiences from the Monitoring and Reporting Mechanism on grave violations against children, and academic literature, this article explores how social and behaviour change approaches can inform prevention of and response to the recruitment and use of children in armed conflict. The article concludes that social and behaviour change approaches can effectively inform prevention and reintegration efforts and can facilitate responses that bridge the humanitarian, development and peace nexus. Using social and behaviour change approaches can help to reveal why children are recruited from the perspective of key actors and entities across the socio-ecological framework in order to prevent the practice from becoming more accepted. [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]

While the law of State responsibility, particularly the principle of full reparation, provides general guidance for achieving full reparation, it is not quite obvious what kinds of reparation qualify as "full" and how to actualize full reparation. This article centres on the principles, approaches and methods surrounding full reparation for armed conflict-related environmental damage in the law of State responsibility. It examines how the environment is legally defined as an object of protection under international law, and discusses practical challenges in international compensation for wartime environmental damage. In doing so, it ascertains the underlying objective of full reparation, develops an approach to assessing wartime environmental damage, and draws on experiences of international jurisprudence to quantify compensation for wartime environmental damage. [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]

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]

Ghada Waly is the Director-General of the United Nations Office at Vienna and the Executive Director of the United Nations Office on Drugs and Crime. She holds the rank of Undersecretary-General of the United Nations. She previously served as Minister of Social Solidarity of Egypt and chaired the Executive Council of Arab Ministers of Social Affairs. She has also served as Assistant Resident Representative at the United Nations Development Program. Ms Waly holds an MA and a BA in humanities from Colorado State University. [ABSTRACT FROM AUTHOR]

Armed conflicts leave populations vulnerable to organ trafficking, a criminal enterprise with little international regulation when viewed separately from human trafficking. The Council of Europe's Convention against Trafficking in Human Organs is the only instrument to contemplate the responsibility of actors involved in organ trafficking, but traffickers may go unpunished due to its limited scope. Yet in armed conflict, international humanitarian law offers additional protection. The rules protecting the living and the dead against ill-treatment provide the basic level of protection necessary to consider the international responsibility of organ trafficking networks and the individual criminal responsibility of their members. [ABSTRACT FROM AUTHOR]

Gerard Quinn is the United Nations (UN) Special Rapporteur on the rights of persons with disabilities. A graduate of Harvard Law School, he founded and directed the Centre for Disability Law & Policy at the National University of Ireland for many years. He sat as a member of the Council of Europe's treaty body on social rights and served as a civil servant in the European Commission, where he drafted European Union disability policies. He has conducted many large studies for the UN, including a 2002 Study that helped launch the drafting of the UN Convention on the Rights of Persons with Disabilities. He led the delegation of Rehabilitation International during the drafting of the treaty. He has received many lifetime awards for his work on international disability law from the US International Council on Disability, the European Association of Service Providers for Persons with Disabilities and Rehabilitation International. He was conferred with an honorary doctorate for his worldwide disability law work by Lund University in 2022. He has held honorary positions at the National Academy of Legal Studies and Research (NALSAR; Hyderabad, India), Wuhan University (China), Fudan University (Shanghai), University of New South Wales (Sydney), Deakin University (Melbourne), Harvard Law School and Haifa University (Israel). He served on the Council of State in Ireland where he advised the President on constitutional law matters. His hobbies include folk music and storytelling. [ABSTRACT FROM AUTHOR]

Mental disorders have high prevalence for disability and almost 80% of the global burden occurs in low- and middle-income countries. The impacts of mental health conditions can affect many sectors of society and threaten peace, human rights and development. However, international law jurisprudence has not sufficiently developed to guide mental health governance. This paper reviews the international legal protections for people who experience mental health conditions, including mental disorders and psychosocial disabilities. It focuses on State application of legal instruments in particularly vulnerable contexts, namely, least developed countries and situations of armed conflict. It argues that relying on existing treaties and soft-law instruments from the health and human rights angles is inadequate, and the Convention on the Rights of Persons with Disabilities is not the right fit. New hard- and soft-law instruments are urgently needed to meet positive obligations and safeguard rights in these vulnerable contexts. Some suggestions for the contents of future instruments are made. [ABSTRACT FROM AUTHOR]

While persons with disabilities are protected under existing international humanitarian law (IHL), the specific risks and barriers to which these persons are exposed during armed conflict must be better factored into the interpretation and implementation of these rules. The complementarity between IHL and the Convention on the Rights of Persons with Disabilities (CRPD) may make an important contribution towards a more disability-inclusive implementation of IHL. This article focuses on two major areas addressed by IHL – namely, the conduct of hostilities and detention – against the backdrop of the concept of and agency associated with disability enshrined in the CRPD. This analysis is based on the lived experiences shared by persons with disabilities in consultations co-organized in 2022 by the UN Special Rapporteur on the Rights of Persons with Disabilities, the International Committee of the Red Cross, the International Disability Forum, the European Disability Forum and the Diakonia IHL Centre. [ABSTRACT FROM AUTHOR]

This study analyses the situation of persons with disabilities caught up in armed conflict in the Democratic Republic of the Congo, in particular in North Kivu Province. The study goes beyond the few statistics available – which show the vulnerability of persons with disabilities during humanitarian crises – to identify the obstacles to taking persons with disabilities into account in humanitarian action in North Kivu. As a result, the study provides practical recommendations to overcome these obstacles, fill in the gaps in humanitarian action and improve the situation of persons with disabilities by ensuring efficient and effective protection in times of armed conflict. [ABSTRACT FROM AUTHOR]

In armed conflicts and crises, children with disabilities face serious threats to their lives and safety, including those related to their inability to flee attacks, risk of abandonment, lack of access to assistive devices, lack of access to basic services and denial of education as well as experiences of stigma, abuse, psychological harm and poverty. Children with disabilities experience multiple and intersecting forms of human rights violations based on their disability and age. Since 2015, Human Rights Watch has documented the impact of armed conflict on children with disabilities in Afghanistan, Cameroon, the Central African Republic, the Gaza Strip in the Occupied Palestinian Territory, South Sudan, Syria and Yemen. While international human rights specifically call for the protection of children with disabilities in situations of armed conflict, the United Nations, governments, parties to the conflict and humanitarian actors have long neglected their specific rights and needs. There is an urgent need for the United Nations and governments to increase efforts to protect children with disabilities as part of their international commitments to protect all children impacted by hostilities. Their attention and investment in those most at risk of violence during armed conflicts will in turn enhance protection measures for everyone. [ABSTRACT FROM AUTHOR]

Article 11 of the Convention on the Rights of Persons with Disabilities requires that the rights and protections of the Convention not be derogated or suspended during "situations of risk, including situations of armed conflict". Even so, persons with disabilities are still often the group most disproportionately impacted by armed conflict. This reality is not due to a failing of international humanitarian law to protect and consider persons with disabilities; rather, it is due to a failure to mainstream disability into the application of and approach to existing protection frameworks. Impactful mainstreaming of disability necessitates the inclusion of all relevant mutually reinforcing legal frameworks and traditions. By examining four main areas – military operations, evacuation, humanitarian assistance, and long-term assistance and services – this paper argues that the protection of persons with disabilities in armed conflict, and specifically within Muslim contexts, will be enhanced through the inclusion and consideration of Islamic law. [ABSTRACT FROM AUTHOR]

Disability inclusion has become a crucial issue for humanitarian action, at least at the international policy level. However, little is known about how humanitarian actors are "doing inclusion" in practice. With a case study on South Sudan, this article examines whether the increase in publications, policy tools and guidelines has made humanitarian action more inclusive for persons with disabilities, and how stakeholders can overcome persisting barriers for persons with disabilities. The article demonstrates noticeable progress in data collection, capacity-building, the removal of barriers and meaningful participation, but humanitarians still lack the skills, confidence and resources to address many persisting barriers. To advance inclusion, donors and humanitarian organizations must invest more time and resources in capacity-building and coordination. [ABSTRACT FROM AUTHOR]

The challenge faced by Somalia's newly established National Disability Agency (NDA), along with other emerging actors in the disability arena, is how to address the perception that disability is primarily a humanitarian issue in a country that not only is in conflict but also faces cyclical humanitarian crises. A further challenge for the NDA is how to ensure that the humanitarian architecture put in place facilitates non-discrimination, as well as the inclusion of and participation by persons with disabilities. While a typical humanitarian architecture can inadvertently reinforce an already stigmatizing charity or welfare approach towards persons with disabilities, Somalia's experience demonstrates that humanitarian actors can do a lot with leadership, a willingness to leave agency branding behind, and an active committed partner such as the NDA. Nevertheless, genuine inclusion in Somalia's overall State-building project needs also to be the remit of development, reconciliation and similar actors, with access to and participation of persons with disabilities guaranteed in their range of processes and frameworks. [ABSTRACT FROM AUTHOR]

Peter Maurer served as President of the International Committee of the Red Cross (ICRC) from 2012 to 2022. During his time as President, Maurer prioritized strengthening humanitarian diplomacy, engaging States and other actors for the respect of international humanitarian law, and improving the humanitarian response through innovation and new partnerships. Meanwhile, he oversaw an historic budget increase and organizational expansion. Prior to his role at the ICRC, Mr Maurer served as Secretary of State for Foreign Affairs in Switzerland and headed the Swiss Department of Foreign Affairs. Earlier, Mr Maurer held various positions representing Switzerland at the United Nations (UN) in New York, including Ambassador and Permanent Representative of Switzerland to the UN, Chairman of the UN's Fifth Committee, and member of the UN Peacebuilding Commission. Mr Maurer had first joined the Swiss diplomatic service in 1987, through which he held various positions in Bern, Pretoria and New York. Maurer was born in Thun, Switzerland in 1956. He studied history and international law in Bern, where he also earned a doctorate. [ABSTRACT FROM AUTHOR]

Over the last two decades, international humanitarian law (IHL) has seen a stalling with regard to States' willingness to adopt treaties or to be formally involved in the development of IHL. This raises the question of whether holding on to the doctrine of sources as laid down in Article 38 of the Statute of the International Court of Justice is the only way to meaningfully further develop IHL. Indeed, in recent years IHL instruments have often dispensed with certain formalities that are traditionally linked to (the formal sources of) international law; this phenomenon is also called "informal international law-making" (IIL). The present contribution will analyze IIL as an alternative way forward in light of the current "deadlock" caused by States' unwillingness to conclude new IHL treaties or to recognize customary IHL. In this article, we will investigate and assess the opportunities, shortcomings and pitfalls offered by informality by looking into examples of IIL within IHL. More concretely, we will look into State practice in relation to (1) the Safe Schools Declaration, (2) the Tallinn Manual and Tallinn Manual 2.0, and (3) the Montreux Document. Most importantly, our findings will assess whether IIL can overcome one of its alleged main disadvantages: its lack of effectiveness. [ABSTRACT FROM AUTHOR]

As an emerging and largely unfamiliar form of cultural heritage, digital cultural property remains something of an enigma. Under the law of armed conflict, States are bound to protect cultural property from harm, yet the rules applicable to traditional cultural property do not transfer neatly to digital works. It is unclear, for example, how the twin obligations to safeguard and respect cultural property, as outlined in the 1954 Hague Cultural Property Convention, should apply to digital creations – or even what digital material appropriately qualifies as cultural property. Can only new digital creations, otherwise known as "born-digital" material, be cultural property? What about high-quality copies of existing works, such as an extremely high-resolution image of the Mona Lisa? Does it matter whether a digital work has been reproduced in large quantities? Given the ubiquity of digital media and the growing popularity of digital art and other works, protecting digital cultural property in the event of armed conflict will require States to consider and resolve as-yet undecided questions concerning the nature of digital creations and the reasons why certain works should be preserved. [ABSTRACT FROM AUTHOR]

The number of internally displaced persons (IDPs) has drastically increased over the last five years in the countries of the Sahel region. This situation is linked to the rise of countless armed groups, especially in Mali, Niger and Burkina Faso. The present paper aims to assess the existence and contours of a right to water for IDPs in the Sahel region. In doing so, it examines international humanitarian law and other international law regimes to determine the legal foundations that protect and guarantee IDPs' right to water. The contribution provides the contextual background of armed conflict-induced displacement in the Sahel region, and demonstrates the existence of a right to water for IDPs in the Sahel countries. This right derives not only from international humanitarian law but also from other complementary international rules applicable even in conflict situations. The paper finally discusses and recommends legal and practical ways in which IDPs' right to water can be better realized in the current context of the Sahel region. [ABSTRACT FROM AUTHOR]

This paper offers a brief overview of the potential interplay of United Nations (UN) sanctions regimes applied in contexts of armed conflict and humanitarian action. It traces how this issue has emerged within the counterterrorism (CT) sphere, before examining the possibilities of compatibility and risks for humanitarian action in conflict-related sanctions regimes. The paper lays out research gaps and outlines a new path for policy research focused on UN sanctions regimes imposed in the context of armed conflicts ("conflict-related") yet falling outside the pure CT space. The paper concludes by illuminating why establishing further evidence on this issue is critical to both the legitimacy and the effective use of UN sanctions. [ABSTRACT FROM AUTHOR]

When hospitals are damaged or destroyed in armed conflict, the loss is far greater than the physical structures: safe spaces are lost, health outcomes worsen and trust in health institutions is undermined. Despite the legal protections afforded to medical units under international humanitarian law (IHL), attacks on hospitals are a recurring problem in armed conflict. In 2019, the Safeguarding Health in Conflict Coalition documented more than 1,203 incidents of violence against medical facilities, transports, personnel and patients in twenty countries. This article examines investigations of four post-Second World War incidents of attacks on hospitals in armed conflicts in Vietnam, Bosnia and Herzegovina, Palestine and Afghanistan, the role public advocacy campaigns played in bringing about these investigations, and how national and international authorities can work together to promote greater accountability for violations of IHL. [ABSTRACT FROM AUTHOR]

Disinformation in armed conflict may pose several distinctive forms of harm to civilians: exposure to retaliatory violence, distortion of information vital to securing human needs, and severe mental suffering. The gravity of these harms, along with the modern nature of wartime disinformation, is out of keeping with the traditional classification of disinformation in international humanitarian law (IHL) as a permissible ruse of war. A patchwork set of protections drawn from IHL, international human rights law and international criminal law may be used to limit disinformation operations during armed conflict, but numerous gaps and ambiguities undermine the force of this legal framework, calling for further scholarly attention and clarification. [ABSTRACT FROM AUTHOR]

The use of cyber operations during armed conflicts and the question of how international humanitarian law (IHL) applies to such operations have developed significantly over the past two decades. In their different roles in the Legal Division of the International Committee of the Red Cross (ICRC), the authors of this article have followed these developments closely and have engaged in governmental and non-governmental expert discussions on the subject. In this article, we analyze pertinent humanitarian, legal and policy questions. We first show that the use of cyber operations during armed conflict has become a reality of armed conflicts and is likely to be more prominent in the future. This development raises a number of concerns in today's increasingly cyber-reliant societies, in which malicious cyber operations risk causing significant disruption and harm to humans. Secondly, we present a brief overview of multilateral discussions on the legal and normative framework regulating cyber operations during armed conflicts, looking in particular at various arguments around the applicability of IHL to cyber operations during armed conflict and the relationship between IHL and the UN Charter. We emphasize that in our view, there is no question that cyber operations during armed conflicts, or cyber warfare, are regulated by IHL – just as is any weapon, means or methods of warfare used by a belligerent in a conflict, whether new or old. Thirdly, we focus the main part of this article on how IHL applies to cyber operations. Analyzing the most recent legal positions of States and experts, we revisit some of the most salient debates of the past decade, such as which cyber operations amount to an "attack" as defined in IHL and whether civilian data enjoys similar protection to "civilian objects". We also explore the IHL rules applicable to cyber operations other than attacks and the special protection regimes for certain actors and infrastructure, such as medical facilities and humanitarian organizations. [ABSTRACT FROM AUTHOR]

For almost two decades now, Geneva Call has been engaged in developing humanitarian dialogue with some 150 armed non-State actors (ANSAs), with the aim of increasing their knowledge and respect of humanitarian norms. Developing a protection dialogue with ANSAs is not an easy task, and it becomes more complex when groups split, mutate or join larger movements. Humanitarian organizations need to adapt their analysis to a more frequent timescale, keeping in touch constantly with a wide range of key stakeholders in order not to lose track of the current groups' status and structure. In this note, Geneva Call's Director of Operations discusses some of the organization's experiences and lessons learned. [ABSTRACT FROM AUTHOR]

Children in armed conflict are frequently deprived of basic needs, psychologically supportive environments, educational and vocational opportunities, and other resources that promote positive psychosocial development and mental health. This article describes the mental health challenges faced by conflict-affected children and youth, the interventions designed to prevent or ameliorate the psychosocial impact of conflict-related experiences, and a case example of the challenges and opportunities related to addressing the mental health needs of Rohingya children and youth. [ABSTRACT FROM AUTHOR]

Eradicating and addressing child marriage in situations of armed conflict requires that stakeholders increase their attention, knowledge, evidence-based protection measures, and resources in a coordinated fashion. To this end, this article examines what constitutes child marriage within the international legal framework. It then presents a concise analysis of what is known about child marriage in development contexts, before moving on to discuss the (limited) state of knowledge on child marriage in humanitarian settings, and the global response. It presents information on different married child populations, including child brides and grooms, girls forcibly married to armed actors, child widows, and child marriage within natural disasters. It concludes with ideas on the information and knowledge that is still needed to inform effective response. [ABSTRACT FROM AUTHOR]

The efforts to create a world fit for children, including for those affected by armed conflict, remain a work in progress. Increasingly, regional organizations, prime among them the African Union and its organs, are being asked to play a more meaningful role in pushing for the realization of the rights and protections of children in armed conflict. This piece explores trends and developments in respect of children and armed conflict in Africa, and offers few ideas on how the African Committee of Experts on the Rights and Welfare of the Child, which holds significant promise, can continue to rise to this challenge. [ABSTRACT FROM AUTHOR]

This article describes how schools are used for military purposes in today's conflicts. It summarizes the latest data on the practice, before explaining how the military use of schools harms students' and teachers' safety and impedes students' right to education. The article concludes by examining the diverse legal and military responses to this practice, and the foundation they lay for the 2015 Safe Schools Declaration and for further action. [ABSTRACT FROM AUTHOR]

This paper compares how rules of international humanitarian law and rules of Islamic law protect children in armed conflict. It examines areas of convergence and divergence, and areas where there is room for clarification between these two legal systems. This comparative exercise spotlights four key topics marking the wartime experience of children: the unlawful recruitment and use of children by armed forces and armed groups, the detention of children, their access to education, and the situation of children separated from their families. [ABSTRACT FROM AUTHOR]

The protection of children in war and other situations of violence is enshrined in various bodies of law, and these provide a framework for several International Committee of the Red Cross (ICRC) activities benefiting children, in particular in areas where the institution has a clear mandate and where vulnerabilities are exacerbated by international humanitarian law (IHL) violations. The activities of the ICRC benefiting children stem from its mandate provided by the 1949 Geneva Conventions and the 1977 Additional Protocols, the Statutes of the International Red Cross and Red Crescent Movement, and the resolutions of the International Conferences of the Red Cross and Red Crescent. Although the ICRC is not a child protection agency per se and child protection is not a standalone activity for the organization, it makes up a significant part of ICRC's operations, in particular where children's vulnerabilities are exacerbated by the realities of armed conflict. In this conversation with the Review, Monique Nanchen, the ICRC's Global Adviser on Children, explores the multiple efforts being put in place to mainstream child protection into the ICRC's work, and reveals some of the various challenges that come with protection and assistance activities benefiting children affected by conflict and other situations of violence. [ABSTRACT FROM AUTHOR]

The construction of historical memory is closely linked to the guarantees provided by the right to freedom of expression. This right ensures that victims and society in general are able to speak about the past, narrate their own stories, and call for and influence social discussion and institutional reform. Mechanisms such as access to State archives, participation in the media, journalistic coverage of armed conflicts and the free flow of stories, artistic endeavours, criticisms and condemnations empower victims and the rest of society in the construction of alternative narratives and independent memories. This article examines case law of the Inter-American System of Human Rights that elaborates on freedom of expression, and considers its importance for the construction of historical memory. It also touches upon some decisions taken by the Colombian high courts, relevant to a context in which mechanisms of transitional justice have recently been implemented. [ABSTRACT FROM AUTHOR]

Inter-State wars seem to have come to an end in the late 1990s; ever since, the global reality of collective violence has come down to the chaos of contemporary civil wars and terrorist attacks. In this article, it will be argued that in today's civil wars, as well as in terrorist violence, the traditional warrior ethos is fading, giving way to types of violence governed by a new psychological and social paradigm. In other words, it is assumed that the very set of values that has universally determined the male gender role and the frame of hegemonic masculinity since time immemorial has also informed the waging of war according to a "heroic regime of violence", and this phenomenon has made war a desirable option for countless generations of young men. On the other hand, the global changes entailed by modernity seem to have undermined this warrior ethos, giving way to a "post-heroic regime" in which extermination-oriented violence, rather than combat-oriented violence, is fostered. In this article, the author will scrutinize the founding psychological and social determinants that have so far upheld the cultural construct of the heroic model, in order to illuminate the ominous consequences of the deculturation of war in today's chaotic conflicts. In such contexts, the men who are fighting suffer from a loss of meaning and the impossibility of gaining dignity and social recognition in an ecosystem of humiliation and ubiquitous violence that has little to do with the expectations of pride and dignity conveyed by the past ideals of heroism associated with a certain vision of masculinity. The article will also discuss ways and means of getting the message of international humanitarian law through to men on the front lines caught up in such circumstances. [ABSTRACT FROM AUTHOR]

Ambitions to fulfil accountability demands in humanitarian action are high, including for protection activities in armed conflict settings. However, from a Dunantist position, meeting accountability demands is often not only unsatisfactory for practical reasons, but is also inappropriate in view of humanitarian principles and flawed from related ethical perspectives. Regarding accountability primarily as a technical exercise, rather than as being linked to ethical perspectives on humanitarianism and its principles, may thus inadvertently contribute to reduced acceptability of, and ultimately reduced access for, humanitarian actors. Dunantist actors wishing to stay true to their ethical approach need new ways of thinking about accountability, a reflection which can serve as an example for an ongoing need to consider differences between actors within the humanitarian–development nexus. [ABSTRACT FROM AUTHOR]

This 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. [ABSTRACT FROM AUTHOR]

The world is rapidly urbanizing, and so is internal displacement. However, knowledge about the specific situation of internally displaced persons (IDPs) in urban settings and how it differs from, and impacts on, their host communities is still limited, and responses continue to be inadequate. This article analyzes the particular needs of urban IDPs by taking into account how the various contexts and patterns of urban internal displacement contribute to shaping people's experience. It discusses three key challenges that humanitarian actors are faced with in developing effective responses: identifying and reaching IDPs in urban settings, addressing their urgent protection concerns, and supporting their local integration. It concludes by pointing out the need for methodological and operational guidance on how to bring together area-based approaches that account for the impact of displacement on entire urban communities, and tailored approaches addressing IDPs’ specific needs in urban settings. The need for stocktaking exercises and more effective sharing of experiences among practitioners, municipal authorities and policy-makers is also underlined. [ABSTRACT FROM AUTHOR]