Pub Date : 2023-12-15DOI: 10.1163/18781527-bja10088
Mark Klamberg
Regulation of military ai may take place in three ways. First, existing rules and principles in ihl is already or could be extended via reinterpretation to apply to military ai; second, new ai regulation may appear via “add-ons” to existing rules, finally, regulation of military ai may appear as a completely new framework, either through new state behavior that results in customary international law or through a new legal act or treaty. By introducing this typology, one may identify possible manners of regulation that are presently under-researched and/or ignored, for example how Rules of Engagement (roe) may be a way to control the use of military ai. Expanding on existing scholarship, the articles discusses how military ai may operate under different forms of military command and control systems, how regulation of military ai is not only a question of “means” but also “methods” of warfare and how the doctrine of supervisory responsibility may go beyond the doctrine of command responsibility. In the case that fully-automated Lethal Autonomous Weapons Systems (laws) are available and considered for use, it is suggested that their use should be prohibited in densely populated areas following the same logic as incendiary weapons. Further, one could introduce certain export restrictions on fully-automated laws to prevent proliferation to non-state actors and rogue states.
{"title":"Regulatory Choices at the Advent of Gig Warfare","authors":"Mark Klamberg","doi":"10.1163/18781527-bja10088","DOIUrl":"https://doi.org/10.1163/18781527-bja10088","url":null,"abstract":"Regulation of military <jats:sc>ai</jats:sc> may take place in three ways. First, existing rules and principles in <jats:sc>ihl</jats:sc> is already or could be extended via reinterpretation to apply to military <jats:sc>ai</jats:sc>; second, new <jats:sc>ai</jats:sc> regulation may appear via “add-ons” to existing rules, finally, regulation of military <jats:sc>ai</jats:sc> may appear as a completely new framework, either through new state behavior that results in customary international law or through a new legal act or treaty. By introducing this typology, one may identify possible manners of regulation that are presently under-researched and/or ignored, for example how Rules of Engagement (<jats:sc>roe</jats:sc>) may be a way to control the use of military <jats:sc>ai</jats:sc>. Expanding on existing scholarship, the articles discusses how military <jats:sc>ai</jats:sc> may operate under different forms of military command and control systems, how regulation of military <jats:sc>ai</jats:sc> is not only a question of “means” but also “methods” of warfare and how the doctrine of supervisory responsibility may go beyond the doctrine of command responsibility. In the case that fully-automated Lethal Autonomous Weapons Systems (<jats:sc>laws</jats:sc>) are available and considered for use, it is suggested that their use should be prohibited in densely populated areas following the same logic as incendiary weapons. Further, one could introduce certain export restrictions on fully-automated <jats:sc>laws</jats:sc> to prevent proliferation to non-state actors and rogue states.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"110 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138690557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-09DOI: 10.1163/18781527-bja10090
Maria Chiara Vitucci
This paper analyses the graphic novel Une histoire du droit international. De Salamanque à Guantanamo, the storyboard of which was created by two professors of international law. The review essay focuses on the content of the graphic novel and its peculiarities in narrating the history of international law, comparing the volume with other monographs and scientific articles on the same topic. The intended wide audience of the book may help in understanding the chronological approach taken by the authors among other possible approaches to the history of international law, such as a thematic or a postcolonial approach.
本文分析了图画小说 Une histoire du droit international.De Salamanque à Guantanamo》的故事板由两位国际法教授创作。这篇评论文章侧重于图画小说的内容及其在叙述国际法历史方面的特殊性，并将该书与其他关于同一主题的专著和科学文章进行了比较。该书的目标读者群广泛，可能有助于理解作者在其他可能的国际法史研究方法（如专题方法或后殖民方法）中所采取的按时间顺序排列的方法。
{"title":"A New Graphic Novel on the History of International Law as a Powerful Tool to Disseminate Widely the Topic","authors":"Maria Chiara Vitucci","doi":"10.1163/18781527-bja10090","DOIUrl":"https://doi.org/10.1163/18781527-bja10090","url":null,"abstract":"This paper analyses the graphic novel <jats:italic>Une histoire du droit international. De Salamanque à Guantanamo</jats:italic>, the storyboard of which was created by two professors of international law. The review essay focuses on the content of the graphic novel and its peculiarities in narrating the history of international law, comparing the volume with other monographs and scientific articles on the same topic. The intended wide audience of the book may help in understanding the chronological approach taken by the authors among other possible approaches to the history of international law, such as a thematic or a postcolonial approach.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"18 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138562715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.1163/18781527-bja10087
Emily Crawford
{"title":"Introduction to the Symposium on Law, Language and War","authors":"Emily Crawford","doi":"10.1163/18781527-bja10087","DOIUrl":"https://doi.org/10.1163/18781527-bja10087","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"165 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136069029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-24DOI: 10.1163/18781527-bja10081
Julia Emtseva
Abstract Does colonialism still exist in the 21st century? Philippe Sands provides a resounding affirmation to this question in his recent book The Last Colony . Sands expounds upon the circumstances surrounding the Chagos archipelago, the most recently colonized territory by the United Kingdom, which triggers further discussions about the ability of international law to address colonial crimes. Sands’ tale proves that it is possible to challenge colonisers by using the existing tools of international law. Yet, the efficacy of justice efforts remains inadequate for the victims of colonial crimes. In addition to evaluating the critical contributions of The Last Colony , this review essay examines the international crime of forced displacement and how it has been tackled by international courts within other contexts. Drawing on the recent Human Rights Watch report documenting the offences committed by the UK and US authorities against the Chagossians, the essay assesses which elements of the colonial crime of forced evictions attain the gravity threshold for crimes against humanity. And finally, the essay argues for the need for greater awareness and accountability for such crimes and their lasting effects on individuals and societies.
21世纪的殖民主义还存在吗?菲利普·桑兹(Philippe Sands)在他的新书《最后的殖民地》(The Last Colony)中对这个问题给出了响亮的肯定。桑兹阐述了查戈斯群岛的情况，查戈斯群岛是英国最近殖民的领土，这引发了关于国际法解决殖民犯罪能力的进一步讨论。桑兹的故事证明，利用现有的国际法工具来挑战殖民者是可能的。然而，司法努力对殖民罪行受害者的效力仍然不足。除了评估《最后的殖民地》的重要贡献外，这篇评论文章还探讨了强迫流离失所的国际罪行，以及国际法院在其他背景下如何处理这一罪行。根据人权观察(Human Rights Watch)最近的一份报告，记录了英国和美国当局对查戈斯人犯下的罪行，本文评估了强迫驱逐这一殖民罪行的哪些要素构成了危害人类罪的严重门槛。最后，文章认为有必要提高对此类犯罪及其对个人和社会的持久影响的认识和问责。
{"title":"International Crimes of Western Colonialism","authors":"Julia Emtseva","doi":"10.1163/18781527-bja10081","DOIUrl":"https://doi.org/10.1163/18781527-bja10081","url":null,"abstract":"Abstract Does colonialism still exist in the 21st century? Philippe Sands provides a resounding affirmation to this question in his recent book The Last Colony . Sands expounds upon the circumstances surrounding the Chagos archipelago, the most recently colonized territory by the United Kingdom, which triggers further discussions about the ability of international law to address colonial crimes. Sands’ tale proves that it is possible to challenge colonisers by using the existing tools of international law. Yet, the efficacy of justice efforts remains inadequate for the victims of colonial crimes. In addition to evaluating the critical contributions of The Last Colony , this review essay examines the international crime of forced displacement and how it has been tackled by international courts within other contexts. Drawing on the recent Human Rights Watch report documenting the offences committed by the UK and US authorities against the Chagossians, the essay assesses which elements of the colonial crime of forced evictions attain the gravity threshold for crimes against humanity. And finally, the essay argues for the need for greater awareness and accountability for such crimes and their lasting effects on individuals and societies.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"62 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135315533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-20DOI: 10.1163/18781527-bja10082
Rebecca Barber
Abstract 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.
{"title":"What Blocked the UN’s Response to the Earthquakes in Northwest Syria? Reflections on a Humanitarian System Premised on Government Consent","authors":"Rebecca Barber","doi":"10.1163/18781527-bja10082","DOIUrl":"https://doi.org/10.1163/18781527-bja10082","url":null,"abstract":"Abstract 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.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135666200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-17DOI: 10.1163/18781527-bja10084
Sara (S) Benabbass, Marten (M.C.) Zwanenburg
The obligation to give effective advance warning of an attack which may affect the civilian population is one of the precautions in attack parties to an armed conflict must take under ihl. Recent practice has shown this duty may interact with other rules of ihl. This article discusses this interaction. It focuses on warnings that spread terror, that may be used as a ruse or that lead to displacement of civilians, cases in which warnings arguably breach the principle of distinction, and cases in which warnings lead to human shields. The article concludes that in some cases the object and purpose of ihl may provide guidance in navigating the tension between the obligation to warn and another rule of ihl. It also concludes that the intention with which a warning is given may be decisive for distinguishing between a warning as required under ihl and as a violation of ihl.
{"title":"The Interaction Between the Obligation to Warn and Other Rules of ihl","authors":"Sara (S) Benabbass, Marten (M.C.) Zwanenburg","doi":"10.1163/18781527-bja10084","DOIUrl":"https://doi.org/10.1163/18781527-bja10084","url":null,"abstract":"The obligation to give effective advance warning of an attack which may affect the civilian population is one of the precautions in attack parties to an armed conflict must take under ihl. Recent practice has shown this duty may interact with other rules of ihl. This article discusses this interaction. It focuses on warnings that spread terror, that may be used as a ruse or that lead to displacement of civilians, cases in which warnings arguably breach the principle of distinction, and cases in which warnings lead to human shields. The article concludes that in some cases the object and purpose of ihl may provide guidance in navigating the tension between the obligation to warn and another rule of ihl. It also concludes that the intention with which a warning is given may be decisive for distinguishing between a warning as required under ihl and as a violation of ihl.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136038362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-09DOI: 10.1163/18781527-bja10083
David James Cantor
Abstract Planned relocations often take place in displacement contexts. They ensue not only in settings of disasters and climate change, but also during armed conflicts and in development projects. But what is ‘relocation’? Is its meaning identical across these diverse contexts? And what is its relationship to displacement? Conceptual clarity on these points is needed if humanitarians are to engage with the critical question of how international law regulates such relocation processes. This article reviews scholarly, policy and legal sources on relocations across these varied contexts in order to (i) propose a universal concept of relocation and (ii) reflect on its relationship to concepts of displacement. Then, by considering the issue in relation to internal displacement frameworks, the article explains how international law governs relocations, regardless of the specific setting in which they occur. This has important implications in a world of diverse, and often entwined, displacement contexts.
{"title":"Conceptualising “Relocation” Across Displacement Contexts","authors":"David James Cantor","doi":"10.1163/18781527-bja10083","DOIUrl":"https://doi.org/10.1163/18781527-bja10083","url":null,"abstract":"Abstract Planned relocations often take place in displacement contexts. They ensue not only in settings of disasters and climate change, but also during armed conflicts and in development projects. But what is ‘relocation’? Is its meaning identical across these diverse contexts? And what is its relationship to displacement? Conceptual clarity on these points is needed if humanitarians are to engage with the critical question of how international law regulates such relocation processes. This article reviews scholarly, policy and legal sources on relocations across these varied contexts in order to (i) propose a universal concept of relocation and (ii) reflect on its relationship to concepts of displacement. Then, by considering the issue in relation to internal displacement frameworks, the article explains how international law governs relocations, regardless of the specific setting in which they occur. This has important implications in a world of diverse, and often entwined, displacement contexts.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135146667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-06DOI: 10.1163/18781527-bja10085
Romina Edith Pezzot
{"title":"Detention by Non-State Armed Groups under International Law, written by Ezequiel Heffes","authors":"Romina Edith Pezzot","doi":"10.1163/18781527-bja10085","DOIUrl":"https://doi.org/10.1163/18781527-bja10085","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134944733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-16DOI: 10.1163/18781527-bja10080
E. Crawford, Annabelle Lukin, Jacqueline Mowbray
The body of international law that regulates the conduct of armed conflicts has been known, at various points in time, as the law of war, the law of armed conflict, and international humanitarian law. While ‘the law of war’ was a term widely used in State practice throughout the 18th and 19th centuries, both ‘the law of armed conflict’ and ‘international humanitarian law’ were terms introduced in the 20th century by one organisation: the International Committee of the Red Cross. In this paper, we use international law and corpus linguistic tools in a pilot study, examining how the terms were first introduced into international law and how quickly they were incorporated (if at all) into the practice of States. Using the ongoing conflict involving Israel and its neighbours, this pilot study charts the appearance and recurrence of these terms in the practice of States in the United Nations to examine how the terms were received and used. We conclude by offering some initial assessments, noting that, while the terms were largely considered unproblematic at their introduction, practice in relation to their deployment suggests deep tensions regarding the nature and purpose of the law and how and when it applies.
{"title":"The Terminology of the Law of Warfare: a Linguistic Analysis of State Practice","authors":"E. Crawford, Annabelle Lukin, Jacqueline Mowbray","doi":"10.1163/18781527-bja10080","DOIUrl":"https://doi.org/10.1163/18781527-bja10080","url":null,"abstract":"\u0000The body of international law that regulates the conduct of armed conflicts has been known, at various points in time, as the law of war, the law of armed conflict, and international humanitarian law. While ‘the law of war’ was a term widely used in State practice throughout the 18th and 19th centuries, both ‘the law of armed conflict’ and ‘international humanitarian law’ were terms introduced in the 20th century by one organisation: the International Committee of the Red Cross. In this paper, we use international law and corpus linguistic tools in a pilot study, examining how the terms were first introduced into international law and how quickly they were incorporated (if at all) into the practice of States. Using the ongoing conflict involving Israel and its neighbours, this pilot study charts the appearance and recurrence of these terms in the practice of States in the United Nations to examine how the terms were received and used. We conclude by offering some initial assessments, noting that, while the terms were largely considered unproblematic at their introduction, practice in relation to their deployment suggests deep tensions regarding the nature and purpose of the law and how and when it applies.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64426365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-03DOI: 10.1163/18781527-bja10079
Natia Kalandarishvili-Mueller
{"title":"The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories, written by D. Kretzmer and Y. Ronen","authors":"Natia Kalandarishvili-Mueller","doi":"10.1163/18781527-bja10079","DOIUrl":"https://doi.org/10.1163/18781527-bja10079","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42111325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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