Pub Date : 2022-12-03DOI: 10.1163/18781527-bja10057
Mais Qandeel, Jamie Sommer
The Syrian war has caused catastrophic damage to the lives and livelihoods of millions of people. Chemical attacks in particular have been tremendously devastating to both humans and wildlife ecosystems. Building on previous research in international humanitarian law (ihl) and the protection of the environment, this article identifies the immediate and long-term impact that the use and storage of chemical weapons has on the environment as against the shortcomings in legal coverage for the same. This article further argues that existing ihl provisions addressing the consequences of environmental warfare are fragmented at best, even when applied to a current case that most would consider to be highly applicable to ihl.
{"title":"Syria Conflict and its Impact","authors":"Mais Qandeel, Jamie Sommer","doi":"10.1163/18781527-bja10057","DOIUrl":"https://doi.org/10.1163/18781527-bja10057","url":null,"abstract":"The Syrian war has caused catastrophic damage to the lives and livelihoods of millions of people. Chemical attacks in particular have been tremendously devastating to both humans and wildlife ecosystems. Building on previous research in international humanitarian law (<jats:sc>ihl</jats:sc>) and the protection of the environment, this article identifies the immediate and long-term impact that the use and storage of chemical weapons has on the environment as against the shortcomings in legal coverage for the same. This article further argues that existing <jats:sc>ihl</jats:sc> provisions addressing the consequences of environmental warfare are fragmented at best, even when applied to a current case that most would consider to be highly applicable to <jats:sc>ihl</jats:sc>.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"277 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138530386","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 : 2022-11-11DOI: 10.1163/18781527-bja10056
Festus M. Kinoti
Do laws of war applicable to International Armed Conflicts (iac s) authorize targeting and detention or do they simply regulate targeting and detention as an exercise of power in war by belligerents without providing authorization? This question has been the subject of debate in the recent past. The traditional understanding of laws of war, simply as a protective regime has come under increasing challenge from claims laws of war authorize targeting and detention in International Armed Conflicts. While these claims have mainly been made to establish in laws of war satisfaction for the requirement of Human rights law for a legal basis for targeting and detention, the transmutation of what in the perspective of laws of war is simply an exercise of power into legal permission has consequences beyond that relationship. It also impacts the relationship between laws of war and jus ad bellum, and more gravely it cloaks what is an otherwise exercise of brute power in war with the garb of legal competence. It transmutes what is simply might into right. The transmutation, re characterizes an iac from the perspective of laws of war as simply a fact, into its legal construct. Therefore, this paper interrogates the nature of the laws of war, to show they simply regulate targeting and detention in iac s without providing legal permission.
{"title":"Might as Right? The Nature of Laws of War applicable to Targeting and Detention in International Armed Conflicts","authors":"Festus M. Kinoti","doi":"10.1163/18781527-bja10056","DOIUrl":"https://doi.org/10.1163/18781527-bja10056","url":null,"abstract":"\u0000 Do laws of war applicable to International Armed Conflicts (iac s) authorize targeting and detention or do they simply regulate targeting and detention as an exercise of power in war by belligerents without providing authorization? This question has been the subject of debate in the recent past. The traditional understanding of laws of war, simply as a protective regime has come under increasing challenge from claims laws of war authorize targeting and detention in International Armed Conflicts. While these claims have mainly been made to establish in laws of war satisfaction for the requirement of Human rights law for a legal basis for targeting and detention, the transmutation of what in the perspective of laws of war is simply an exercise of power into legal permission has consequences beyond that relationship. It also impacts the relationship between laws of war and jus ad bellum, and more gravely it cloaks what is an otherwise exercise of brute power in war with the garb of legal competence. It transmutes what is simply might into right. The transmutation, re characterizes an iac from the perspective of laws of war as simply a fact, into its legal construct. Therefore, this paper interrogates the nature of the laws of war, to show they simply regulate targeting and detention in iac s without providing legal permission.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46802183","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 : 2022-09-29DOI: 10.1163/18781527-bja10055
P. Clancy
This review essay aims to consider the law of neutrality, and whether it may be better situated within the jus ad bellum, the body of law governing the use of force, or the jus in bello, the body of law governing hostilities following the initial use of force. In doing so, the essay centres on the recent monograph by Constantine Antonopoulos on the subject of the law of neutrality, wherein the author assures us that despite the legal innovations of the last century, the law of neutrality has remained squarely within the modern jus in bello. The present writer takes a somewhat different approach, although appreciates the doctrinal allure of keeping the law of neutrality separate from jus ad bellum considerations, particularly in the context of the ongoing Russian invasion of Ukraine.
{"title":"The Law of Neutrality: Jus ad Bellum or Jus in Bello?","authors":"P. Clancy","doi":"10.1163/18781527-bja10055","DOIUrl":"https://doi.org/10.1163/18781527-bja10055","url":null,"abstract":"\u0000 This review essay aims to consider the law of neutrality, and whether it may be better situated within the jus ad bellum, the body of law governing the use of force, or the jus in bello, the body of law governing hostilities following the initial use of force. In doing so, the essay centres on the recent monograph by Constantine Antonopoulos on the subject of the law of neutrality, wherein the author assures us that despite the legal innovations of the last century, the law of neutrality has remained squarely within the modern jus in bello. The present writer takes a somewhat different approach, although appreciates the doctrinal allure of keeping the law of neutrality separate from jus ad bellum considerations, particularly in the context of the ongoing Russian invasion of Ukraine.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44067013","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 : 2022-08-30DOI: 10.1163/18781527-bja10054
I.M. Lobo de Souza
The historic Nuremberg trial represented a first step toward an adequate response by the international society to grave crimes under international law committed by individuals in position of governmental authority. This article discusses three particular ways in which the Nuremberg trial has advanced international justice. From a normative perspective, it has helped crystallise the principle of individual criminal responsibility for crimes under international law. Furthermore, the Nuremberg tribunal’s extraordinary jurisdiction paved the way for domestic and international courts’ jurisdiction over crimes under international law, while instigating the evolution of relevant law concerning immunity from jurisdiction. Finally, in associating international crimes with the maintenance of international peace and security, it allowed the UN system of collective security to consider situations involving the commission of those crimes as a threat to international peace and security, preventing impunity and promoting the efficacy of international humanitarian law.
{"title":"Nuremberg’s Enduring Legacy to International Justice","authors":"I.M. Lobo de Souza","doi":"10.1163/18781527-bja10054","DOIUrl":"https://doi.org/10.1163/18781527-bja10054","url":null,"abstract":"\u0000The historic Nuremberg trial represented a first step toward an adequate response by the international society to grave crimes under international law committed by individuals in position of governmental authority. This article discusses three particular ways in which the Nuremberg trial has advanced international justice. From a normative perspective, it has helped crystallise the principle of individual criminal responsibility for crimes under international law. Furthermore, the Nuremberg tribunal’s extraordinary jurisdiction paved the way for domestic and international courts’ jurisdiction over crimes under international law, while instigating the evolution of relevant law concerning immunity from jurisdiction. Finally, in associating international crimes with the maintenance of international peace and security, it allowed the UN system of collective security to consider situations involving the commission of those crimes as a threat to international peace and security, preventing impunity and promoting the efficacy of international humanitarian law.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46306392","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 : 2022-08-29DOI: 10.1163/18781527-bja10053
K. Heller, Lena Trabucco
This article analyses the legality of Western states providing weapons to Ukraine. It focuses on five areas of international law: (1) the jus ad bellum; (2) the law of neutrality; (3) international humanitarian law; (4) state responsibility for complicity in internationally wrongful acts; and (5) international criminal law. It concludes that weapons transfers likely violate the law of neutrality, entitling Russia to respond with countermeasures; that Russia can lawfully target transferred weapons under ihl; and that weapons transfers could lead to state and individual responsibility if evidence comes to light that the Ukrainian military is using weapons previously supplied by the West to commit war crimes. By contrast, providing weapons to Ukraine does not violate the jus ad bellum because they are in service of Ukraine’s right of self-defence against Russia and does not make the supplying states co-belligerents in Russia’s international armed conflict with Ukraine.
{"title":"The Legality of Weapons Transfers to Ukraine Under International Law","authors":"K. Heller, Lena Trabucco","doi":"10.1163/18781527-bja10053","DOIUrl":"https://doi.org/10.1163/18781527-bja10053","url":null,"abstract":"\u0000 This article analyses the legality of Western states providing weapons to Ukraine. It focuses on five areas of international law: (1) the jus ad bellum; (2) the law of neutrality; (3) international humanitarian law; (4) state responsibility for complicity in internationally wrongful acts; and (5) international criminal law. It concludes that weapons transfers likely violate the law of neutrality, entitling Russia to respond with countermeasures; that Russia can lawfully target transferred weapons under ihl; and that weapons transfers could lead to state and individual responsibility if evidence comes to light that the Ukrainian military is using weapons previously supplied by the West to commit war crimes. By contrast, providing weapons to Ukraine does not violate the jus ad bellum because they are in service of Ukraine’s right of self-defence against Russia and does not make the supplying states co-belligerents in Russia’s international armed conflict with Ukraine.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47130944","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 : 2022-08-22DOI: 10.1163/18781527-bja10052
A. Spadaro
René Provost’s latest book, Rebel Courts: The Administration of Justice by Armed Insurgents, collects an impressive amount of practice of organized armed groups concerning the administration of justice in armed conflicts, and offers a detailed analysis of the legal issues surrounding the creation and functioning of insurgent courts. Drawing from field work and adopting a legal pluralistic methodology, Provost offers a comprehensive overview of how the rebel administration of justice functions in practice and of how international law regulates its different aspects, including the legality of rebel courts, due process guarantees, as well as international, transnational, and national recognition of the judicial practices of armed groups. In this review essay, I highlight the importance and novelty of Provost’s approach, exploring the book’s connections with other legal and non-legal literature on armed groups, and contextualize some of Provost’s arguments concerning rebel law and rebel courts.
{"title":"From Outlaws to Judges: Armed Groups and The Administration of Justice","authors":"A. Spadaro","doi":"10.1163/18781527-bja10052","DOIUrl":"https://doi.org/10.1163/18781527-bja10052","url":null,"abstract":"\u0000René Provost’s latest book, Rebel Courts: The Administration of Justice by Armed Insurgents, collects an impressive amount of practice of organized armed groups concerning the administration of justice in armed conflicts, and offers a detailed analysis of the legal issues surrounding the creation and functioning of insurgent courts. Drawing from field work and adopting a legal pluralistic methodology, Provost offers a comprehensive overview of how the rebel administration of justice functions in practice and of how international law regulates its different aspects, including the legality of rebel courts, due process guarantees, as well as international, transnational, and national recognition of the judicial practices of armed groups. In this review essay, I highlight the importance and novelty of Provost’s approach, exploring the book’s connections with other legal and non-legal literature on armed groups, and contextualize some of Provost’s arguments concerning rebel law and rebel courts.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43559697","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 : 2022-06-22DOI: 10.1163/18781527-bja10050
R. Buchan, E. Crawford, Rain Liivoja
{"title":"Rules-Based International Disorder","authors":"R. Buchan, E. Crawford, Rain Liivoja","doi":"10.1163/18781527-bja10050","DOIUrl":"https://doi.org/10.1163/18781527-bja10050","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43344268","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 : 2022-06-01DOI: 10.1163/18781527-bja10051
Damian Copeland
{"title":"Natalia Jevglevskaja, International Law and Weapons Review: Emerging Military Technology under the Law of Armed Conflict","authors":"Damian Copeland","doi":"10.1163/18781527-bja10051","DOIUrl":"https://doi.org/10.1163/18781527-bja10051","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43445155","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 : 2022-05-13DOI: 10.1163/18781527-bja10049
T. Natoli
Resolutions and other key documents adopted in the last few years by the international community provide that greater coherence and integration between law and policies on climate change adaptation (cca) and disaster risk reduction (drr) can lead to more efficient use of available resources, and more effective action in reducing human vulnerabilities and exposure to climate and disaster risks. Moving from the analytical background provided by the ‘informal international law’ theory (in-law), the purpose of this study is to evaluate how the combination of formal and informal law-making processes affects the coherent implementation of different normative instruments defining the current global agenda on climate risk governance. Normative developments in three different institutional contexts (the Intergovernmental Panel on Climate Change; the UN Office for Disaster Risk Reduction – ‘Sendai system’; and the International Red Cross and Red Crescent Movement) will be assessed, in light of recent developments on the drafting, endorsement and implementation of relevant normative instruments. The analysis will be corroborated by references to the effects that greater synergies between these frameworks can generate at the regional and domestic levels, as demonstrated by evidence collected in three different countries (Fiji, the Philippines, and Dominica) between 2019 and 2021.
{"title":"Improving Coherence between Climate Change Adaptation and Disaster Risk Reduction through Formal and Informal International Lawmaking","authors":"T. Natoli","doi":"10.1163/18781527-bja10049","DOIUrl":"https://doi.org/10.1163/18781527-bja10049","url":null,"abstract":"\u0000Resolutions and other key documents adopted in the last few years by the international community provide that greater coherence and integration between law and policies on climate change adaptation (cca) and disaster risk reduction (drr) can lead to more efficient use of available resources, and more effective action in reducing human vulnerabilities and exposure to climate and disaster risks. Moving from the analytical background provided by the ‘informal international law’ theory (in-law), the purpose of this study is to evaluate how the combination of formal and informal law-making processes affects the coherent implementation of different normative instruments defining the current global agenda on climate risk governance. Normative developments in three different institutional contexts (the Intergovernmental Panel on Climate Change; the UN Office for Disaster Risk Reduction – ‘Sendai system’; and the International Red Cross and Red Crescent Movement) will be assessed, in light of recent developments on the drafting, endorsement and implementation of relevant normative instruments. The analysis will be corroborated by references to the effects that greater synergies between these frameworks can generate at the regional and domestic levels, as demonstrated by evidence collected in three different countries (Fiji, the Philippines, and Dominica) between 2019 and 2021.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45272393","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 : 2022-05-13DOI: 10.1163/18781527-bja10048
Mateusz Piątkowski
On the 20th of December 1972, the Polish-flagged merchant vessel M/S Józef Conrad, anchored in the North Vietnam port of Haiphong, was hit by an air-delivered projectile in the Linebacker ii air campaign, also referred to as the ‘Christmas bombing’. The attack caused both loss of life and health among Polish sailors, and destroyed the ship itself. In 2020, the Polish Commissioner for Human Rights submitted a formal petition to the executive branch of the Polish government, highlighting that despite the fact that the act was a violation of the iccpr and udhr, neither legal actions nor diplomatic efforts were later undertaken on behalf of the victims. The statement of the High Commisioner did not examine the bombardment from the perspective of the law of air warfare, which is a pivotal precondition to determine the wrongfulness of the act in the light of international law.
1972年12月20日，停泊在北越海防港的悬挂波兰国旗的商船M/S Józef Conrad在Linebacker ii空袭中被空投炮弹击中，也被称为“圣诞轰炸”。这次袭击造成了波兰船员的生命和健康损失，并摧毁了船只本身。2020年，波兰人权专员向波兰政府行政部门提交了一份正式请愿书，强调尽管该行为违反了国际刑事法院和联合国人权事务高级专员的规定，但后来没有代表受害者采取法律行动或外交努力。高级专员的声明没有从空战法的角度审查轰炸，这是根据国际法确定该行为不法性的关键先决条件。
{"title":"The Case of M/S Józef Conrad and Law of Air Warfare During the Vietnam War","authors":"Mateusz Piątkowski","doi":"10.1163/18781527-bja10048","DOIUrl":"https://doi.org/10.1163/18781527-bja10048","url":null,"abstract":"On the 20th of December 1972, the Polish-flagged merchant vessel M/S Józef Conrad, anchored in the North Vietnam port of Haiphong, was hit by an air-delivered projectile in the Linebacker ii air campaign, also referred to as the ‘Christmas bombing’. The attack caused both loss of life and health among Polish sailors, and destroyed the ship itself. In 2020, the Polish Commissioner for Human Rights submitted a formal petition to the executive branch of the Polish government, highlighting that despite the fact that the act was a violation of the iccpr and udhr, neither legal actions nor diplomatic efforts were later undertaken on behalf of the victims. The statement of the High Commisioner did not examine the bombardment from the perspective of the law of air warfare, which is a pivotal precondition to determine the wrongfulness of the act in the light of international law.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41846259","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：