Search

The global landscape, enshrined in a wide range of international legal agreements, envisions an era of peaceful coexistence among nations. This vision is based on fundamental legal acts, such as the Charter of the United Nations and the Statute of the International Court of Justice (dated 26.06.1945), which enshrine the principle of peaceful coexistence. In addition, the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States (24.10.1970) and the Final Act of the Conference on Security and Cooperation in Europe (01.08.1975) build on this foundation, strengthening the doctrine of peaceful interaction between states. The United Nations Charter resonates as a clear call to nations to prioritize peace and diplomacy over confrontation. The provision that “all Members of the United Nations shall settle their international disputes by peaceful means in such a manner as not to endanger international peace, security and justice” (Article 2(3)) is not just a statement of intent; it is a guiding principle that emphasizes the value of peaceful coexistence. This principle favors dialogue over discord, cooperation over confrontation, and understanding over unilateral action. However, the development of international relations from the mid-20th century to the beginning of the 21st century demonstrates a somewhat opposite dynamic. Despite these well-established doctrines, there have been many instances where disputes have escalated into armed conflicts. The Korean War, the Vietnam War, multiple conflicts in the Middle East, and the recent civil war in Syria are just a few examples that have left a deep mark on the structure of world relations. Such events demonstrate the unfortunate tendency of states or groups within states to resort to force or the threat of force as a means of resolving disputes. This departure from the established norm of peaceful settlement raises a number of pressing questions and concerns, especially within the framework of international humanitarian law. How to accurately define “armed conflict”? What distinguishes an international conflict from a non-international one? When delving into this sub-topic, it is very important to distinguish between different classifications of conflicts. A thorough understanding of the criteria that distinguish, for example, between international conflicts, internal unrest, and other types of hostilities is of paramount importance. Referring to these criteria not only helps to accurately categorize conflicts, but also ensures that appropriate legal mechanisms are applied to mitigate the humanitarian consequences of such events. [ABSTRACT FROM AUTHOR]

This article highlights the contribution of Muslim legal scholars and the importance of Islamic legal tradition in general in the elaboration of contemporary international humanitarian law (IHL). Based on the historical analysis and a critical re-examination of the origins of international law, the main finding of this article is that Muslim delegations and jurists have played a significant role in the development of legal rules in this field of international law. This Muslim influence has manifested itself in both general and specific ways. Especially, the founding fathers of IHL, such as Genevan Henry Dunant, showed great interest in the humanitarian principles emanating from the Muslim legal tradition. Although little reference is made to this influence in the contemporary international humanitarian law doctrine, the founding fathers of this branch of international law have indeed acknowledged the contribution of Muslim traditions. [ABSTRACT FROM AUTHOR]

The article seeks to raise awareness about the non-application of the norms of international humanitarian law (IHL) of international armed conflicts in situations of so-called internationalised armed conflicts – namely, when a non-state armed group (NSAG) that is engaged in an armed conflict against the territorial state enjoys a degree of support from another state. Debates in academic circles and international case law have focused largely on the appropriate test and threshold for establishing the relationship between the NSAG and the supporting state. Practice, however, shows that regardless of the legal test, the foreign state support to the NSAG in a (or an initially) non-international armed conflict is so politically charged that it leads to a complete non-application of the law of international armed conflict by the relevant actors. The article demonstrates its conceptual findings through four case studies: the armed conflicts in Donbas, Nagorno-Karabakh, Democratic Republic of the Congo, and Yemen. Regardless of strong indications of foreign state support to the NSAG in these armed conflicts, no relevant actors applied the IHL norms of international armed conflict. The article provides broader suggestions on the possible avenues for remedying the issue. [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]

This article takes a critical look at the development of international humanitarian law (IHL), from its early codification in the Hague and Geneva Conventions to the present day. It examines why and how IHL develops – through treaty, custom, interpretation and soft-law instruments, as well as the influence of jurisprudence and other branches of law. In doing so, it highlights some of the distinctive elements of IHL that set it apart from other bodies of law and explains how these elements influence IHL development. Turning to the present, it addresses some of the key arguments commonly heard against attempting any further development of IHL, by answering the following three key questions: Does IHL need to develop further? If so, how can this be achieved? And what are the prospects for such development in the near future? In answering these questions, the article argues that IHL will continue to develop in many ways, and that while the current environment does not appear propitious for new legally binding norms of IHL, they continue to be both necessary and possible. [ABSTRACT FROM AUTHOR]

Legal commentaries are a type of secondary source that provides clarity about the meaning of treaty provisions so they can be appropriately interpreted and applied by practitioners. Since 1870, the International Committee of the Red Cross (ICRC) has produced such commentaries on each successive international humanitarian law (IHL) treaty or update to an existing treaty. Over time, who drafts these commentaries and the methodology behind them has evolved, from early commentaries written by a single jurist who had participated in the drafting of the treaty to multi-authored works based on extensive research and the methodology found in the Vienna Convention on the Law of Treaties. The ICRC Commentaries have always been geared towards those tasked with applying IHL, but this audience has expanded over time, giving them a more global reach, and their reception has evolved accordingly. The most recent iteration of the ICRC Commentaries on the 1949 Geneva Conventions and their 1977 Additional Protocols is currently being produced, with some changes in methodology to guarantee that they remain a practical tool for the interpretation and application of those instruments. [ABSTRACT FROM AUTHOR]

Over the last few decades, an extraordinary amount has changed in our understanding of the history of international humanitarian law (IHL). This article addresses the latest findings in this new historiography, placing contemporary IHL issues in a broader historical context and sharing the author's own experiences as a researcher exploring the discipline's practice from a historical perspective. Ultimately, he makes a passionate case for history – by showing why this discipline has a lot to offer for practitioners of international law. [ABSTRACT FROM AUTHOR]

Non-international armed conflict between States and organised armed groups is a reality of warfare. Since the emergence of the 1949 Geneva Conventions, this form of conflict has been regulated by international humanitarian law. However, a subset of this category known as 'transnational armed conflict' has seen aggressive proliferation over recent decades as groups such as the Islamic State of Iraq and Syria have taken advantage of the internet and other technologies to expand their reach beyond national frontiers and strike States around the world. This phenomenon has left the geographical extent of international humanitarian law – which has historically relied on State boundaries to determine its ambit – unclear. This article examines the main options for delimiting the geographical reach of the regime in transnational armed conflict. It considers approaches based on international boundaries; 'hot battlefields'; 'global application' and 'territorial control' before ultimately concluding that a method based on 'military presence' would be the most suitable standard. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: Attacks on health care in armed conflict, including those on health workers, facilities, patients and transports, represent serious violations of human rights and international humanitarian law. Information about these incidents and their characteristics are available in myriad forms: as published research or commentary, investigative reports, and within online data collection initiatives. We review the research on attacks on health to understand what data they rely on, what subjects they cover and what gaps exist in order to develop a research agenda going forward. Methods and findings: This study utilizes a systematic review of peer-reviewed to identify and understand relevant data about attacks on health in situations of conflict. We identified 1479 papers published before January 1, 2020 using systematic and hand-searching and chose 45 articles for review that matched our inclusion criteria. We extracted data on geographical and conflict foci, methodology, objectives and major themes. Among the included articles, 26 focused on assessment of evidence of attacks, 15 on analyzing their impacts, three on the legal and human rights principles and one on the methods of documentation. We analyzed article data to answer questions about where and when attacks occur and are investigated, what types of attacks occur, who is perpetrating them, and how and why they are studied. We synthesized cross-cutting themes on the impacts of these attacks, mitigation efforts, and gaps in existing data. Conclusion: Recognizing limitations in the review, we find there have been comparatively few studies over the past four decades but the literature is growing. To deepen the discussions of the scope of attacks and to enable cross-context comparisons, documentation of attacks on health must be enhanced to make the data more consistent, more thorough, more accessible, include diverse perspectives, and clarify taxonomy. As the research on attacks on health expands, practical questions on how the data is utilized for advocacy, protection and accountability must be prioritized. [ABSTRACT FROM AUTHOR]

The deployment of autonomous weapon systems (‘aws’) in military operations is a major concern for the international community. While the military in particular argues that increased autonomy mitigates the risks of death and injury for civilians, scientists and civil society emphasise that humans still have to play a decisive role when increasingly outsourcing core competences to machines. In 2017, a Group of Governmental Experts (‘gge’) met for the first time to discuss legal and ethical issues of aws. The centrepiece of the debate was (and still is) the role humans play in an increasingly automated battlefield. In the past couple of years, consensus has been emerging on the necessity of maintaining human control. It will be argued in this contribution that human control (in abstracto) is not merely a political demand. It is also a legal obligation derived from international humanitarian law (‘ihl’). This contribution seeks to analyse relevant rules of ihl with a specific focus on the legal nature of the Martens Clause arguing that human control (in abstracto) is not only politically desired but that it is legally required. That being said, the various concepts aiming to implement and operationalise human control (in concreto) will be examined with a view to offering solutions for a potential regulatory framework on aws at the United Nations (‘UN’) in Geneva. [ABSTRACT FROM AUTHOR]

Pre-colonial African communities had a well-established system of human rights protection applicable to armed conflicts, which became lost as a result of the break-up of traditional societies. This paper will show that traditional rules can be revived and integrated into future conflict management efforts. The ancient authentically African roots of international humanitarian law (IHL) could serve as receptors forming the basis for IHL and human rights law dissemination. Listening to local communities and learning about their aspirations and cultural practices should inform the peacebuilding programmes which need to be introduced before the cessation of hostilities. In the long run, engaging the armed non-state actors in the development of norms, could help improve certainty and predictability of IHL. Recent efforts by Geneva Call comprising a study of indigenous cultural norms relating to civilians' protection in Mali underline the growing importance of integrating local approaches in IHL dissemination. [ABSTRACT FROM AUTHOR]

Microsoft's 2017 call for a Digital Geneva Convention is a welcome contribution to the debate on how the global technology sector and the international civil society should respond to increased State-led cyberattacks. However, Microsoft's portrayal of cyberspace as a space devoid of regulation is inaccurate, especially in light of the rules contained in the Tallinn Manual 2.0. Microsoft's call for the establishment of an international attribution organization overlooks existing international legal mechanisms. The characterization of global technology firms as 'first responders' providing services akin to those provided by the Red Cross societies is imperfect since technology companies are, compared to the Red Cross, non-neutral and profit-making enterprises. [ABSTRACT FROM AUTHOR]

The concept of international humanitarian law appeared in the 1970s, hence it is a relatively new scientific field of law. The author of this paper points to the fact that the idea of the modern international humanitarian law, as it is today, was first conceived in the distant past. The analysis of the historical sources from which knowledge of the oldest civilizations is drawn enables us to find elements that can be considered precursors of the norms of international humanitarian law. This paper deals with the gradual transformation of the unwritten customs and the rules of warfare into the legal rules of written law, with a special emphasis on the international aspect and the universal character of this area of law. Bearing in mind the fact that armed conflicts and their consequences have greatly accelerated and determined the course of development of international humanitarian law, the author provides a brief overview of the dilemma whether the challenges of the modern age or new forms of armed conflict will influence further development of this branch of law, and in what way. It is an indisputable fact that this is a legal field developing at its own special pace that is susceptible to transformation, while also being able to adjust to the challenges of time. [ABSTRACT FROM AUTHOR]

The article offers information on the Convention on Certain Conventional Weapons (CCW), also known as the Inhumane Weapons Convention, that will be held in Geneva, Switzerland from December 12 to 16, 2016.

We've sunk in a world of forms, we have forgotten that the purpose of law is to protect individuals from the possible abuses of power of other individuals, whether it is for their personal characteristics or because of their position as representatives of the institutions. The Human Rights protect the subject in the most intimate of their being, especially from the abuses of the State in its domain position, from there the importance of Human Rights Systems that make humanity prevail in any circumstance. We can't forget that individuals are more fragile in war and also more susceptible to be forgotten in their humanity. People can't stop being protected because they are involved in an armed conflict. Forms can't become an excuse to forget the humane. [ABSTRACT FROM AUTHOR]