Pub Date : 2022-04-28DOI: 10.1163/18781527-bja10047
James Patrick Sexton
{"title":"Heike Krieger (ed), Jonas Püschmann (assist ed), Law-Making and Legitimacy in International Humanitarian Law","authors":"James Patrick Sexton","doi":"10.1163/18781527-bja10047","DOIUrl":"https://doi.org/10.1163/18781527-bja10047","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44788982","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 : 2022-04-12DOI: 10.1163/18781527-bja10045
Atul Alexander, Ishan S. Khare
{"title":"Mark Swatek-Evenstein, A History of Humanitarian Intervention","authors":"Atul Alexander, Ishan S. Khare","doi":"10.1163/18781527-bja10045","DOIUrl":"https://doi.org/10.1163/18781527-bja10045","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47499263","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 : 2022-04-08DOI: 10.1163/18781527-bja10044
E. Camins
Although the humanitarian effects of armed conflict are vast and transcend national boundaries, international law does not yet provide an adequate or comprehensive response to the suffering of victims of war. This article argues considerations of State sovereignty have shaped the development of international law on post-war redress, hindering the emergence of individual rights to reparations under international humanitarian law. Meanwhile, alternative models such as victim assistance, which largely preserve sovereignty, are emerging in pockets of international humanitarian law, such as weapons treaties. This article suggests that victim assistance offers a potential model for addressing the harm to victims of armed conflict more broadly.
{"title":"Between Rights, Sovereignty and Cooperation","authors":"E. Camins","doi":"10.1163/18781527-bja10044","DOIUrl":"https://doi.org/10.1163/18781527-bja10044","url":null,"abstract":"\u0000Although the humanitarian effects of armed conflict are vast and transcend national boundaries, international law does not yet provide an adequate or comprehensive response to the suffering of victims of war. This article argues considerations of State sovereignty have shaped the development of international law on post-war redress, hindering the emergence of individual rights to reparations under international humanitarian law. Meanwhile, alternative models such as victim assistance, which largely preserve sovereignty, are emerging in pockets of international humanitarian law, such as weapons treaties. This article suggests that victim assistance offers a potential model for addressing the harm to victims of armed conflict more broadly.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43773801","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 : 2022-04-08DOI: 10.1163/18781527-bja10046
Y. Meyer
{"title":"Treasa Dunworth, Humanitarian Disarmament: An Historical Enquiry","authors":"Y. Meyer","doi":"10.1163/18781527-bja10046","DOIUrl":"https://doi.org/10.1163/18781527-bja10046","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41725955","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 : 2022-03-02DOI: 10.1163/18781527-bja10043
Marnie Lloydd
Through ethnographic observations from international humanitarian work and interviews with humanitarian professionals, Joe Cropp’s The Humanitarian Fix: Navigating Civilian Protection in Contemporary Wars engagingly describes the daily practice of humanitarian negotiation and persuasion. The book illustrates how the international humanitarian has morphed from the more classical neutral intermediary to emerge as a broker and translator with a toolbox of more official and less official reframings of international law and policy to grapple with local problems and persuade different actors. In this review essay, I highlight the hidden insight for international lawyers in Cropp’s book regarding questions of universality and pluralism in international humanitarian law and the double-bind practitioners face: while these practices of translation look like an openness to pluralism in humanitarian law, within the current international framework, any translation by necessity re-emphasises how these reframings are not the law, and ultimately work as techniques to reinforce the authority and claimed universality of the central system.
{"title":"Brokers and Translators: Exploring the Limits of Pluralism in International Humanitarian Negotiation","authors":"Marnie Lloydd","doi":"10.1163/18781527-bja10043","DOIUrl":"https://doi.org/10.1163/18781527-bja10043","url":null,"abstract":"\u0000Through ethnographic observations from international humanitarian work and interviews with humanitarian professionals, Joe Cropp’s The Humanitarian Fix: Navigating Civilian Protection in Contemporary Wars engagingly describes the daily practice of humanitarian negotiation and persuasion. The book illustrates how the international humanitarian has morphed from the more classical neutral intermediary to emerge as a broker and translator with a toolbox of more official and less official reframings of international law and policy to grapple with local problems and persuade different actors. In this review essay, I highlight the hidden insight for international lawyers in Cropp’s book regarding questions of universality and pluralism in international humanitarian law and the double-bind practitioners face: while these practices of translation look like an openness to pluralism in humanitarian law, within the current international framework, any translation by necessity re-emphasises how these reframings are not the law, and ultimately work as techniques to reinforce the authority and claimed universality of the central system.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44679611","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 : 2022-02-23DOI: 10.1163/18781527-bja10041
Hilly Moodrick-Even Khen
This article argues that certain legal duties of states involved in armed conflicts confer legal and moral rights on both the combatants and their families. The combatant is entitled to the right to be identified and buried, and the families are entitled, not only to receive information about the treatment of their dead relatives, but also to make decisions in this regard. These decisions relate to the rituals of burial and cremation and even the place of burial, which in some cases implies a right to demand repatriation of remains. The arguments are based on both ethical and legal grounds. Yet, apart from the right to be buried in a dignified way, rights regarding the nature and place of burial are not absolute. They can be limited according to a variety of considerations, including State policies and interests. The article also refers to the special case of dead combatants’ remains held by non-state actors that do not respect international law prescriptions regarding the dead. Under these circumstances, families have a stronger case to demand repatriation of remains as this would be the only way to secure the core right of the combatant to be respectfully buried.
{"title":"“Bury Me Not, I Pray Thee, in Egypt: But I Will Lie with My Fathers”","authors":"Hilly Moodrick-Even Khen","doi":"10.1163/18781527-bja10041","DOIUrl":"https://doi.org/10.1163/18781527-bja10041","url":null,"abstract":"\u0000This article argues that certain legal duties of states involved in armed conflicts confer legal and moral rights on both the combatants and their families. The combatant is entitled to the right to be identified and buried, and the families are entitled, not only to receive information about the treatment of their dead relatives, but also to make decisions in this regard. These decisions relate to the rituals of burial and cremation and even the place of burial, which in some cases implies a right to demand repatriation of remains. The arguments are based on both ethical and legal grounds. Yet, apart from the right to be buried in a dignified way, rights regarding the nature and place of burial are not absolute. They can be limited according to a variety of considerations, including State policies and interests. The article also refers to the special case of dead combatants’ remains held by non-state actors that do not respect international law prescriptions regarding the dead. Under these circumstances, families have a stronger case to demand repatriation of remains as this would be the only way to secure the core right of the combatant to be respectfully buried.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49494060","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 : 2022-02-14DOI: 10.1163/18781527-bja10042
Alba Grembi
This article analyses specific provisions within the Greek legal order that guide the naval commander’s conduct during an armed conflict at sea. It demonstrates that these provisions do not adequately satisfy the requirement to ensure respect for the law of naval warfare and to contribute to the discontinuance, during such times, of the violations of international rules on the assistance of persons in distress at sea by State organs. In this manner, it points to the necessity of an extensive discussion among legal scholars about the dissemination of international humanitarian law in Greece. This process could lead to the establishment of a comprehensive national military manual that would demonstrate the spirit of abidance to the obligation to respect and ensure respect for the rules of this law in Greece’s maritime realm during peace and warfare, and play an instrumental role in the enhancement of safety for persons and objects at sea during naval conflict.
{"title":"Dissemination of International Humanitarian Law in Greece","authors":"Alba Grembi","doi":"10.1163/18781527-bja10042","DOIUrl":"https://doi.org/10.1163/18781527-bja10042","url":null,"abstract":"\u0000This article analyses specific provisions within the Greek legal order that guide the naval commander’s conduct during an armed conflict at sea. It demonstrates that these provisions do not adequately satisfy the requirement to ensure respect for the law of naval warfare and to contribute to the discontinuance, during such times, of the violations of international rules on the assistance of persons in distress at sea by State organs. In this manner, it points to the necessity of an extensive discussion among legal scholars about the dissemination of international humanitarian law in Greece. This process could lead to the establishment of a comprehensive national military manual that would demonstrate the spirit of abidance to the obligation to respect and ensure respect for the rules of this law in Greece’s maritime realm during peace and warfare, and play an instrumental role in the enhancement of safety for persons and objects at sea during naval conflict.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2022-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44391879","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 : 2021-12-13DOI: 10.1163/18781527-12020003
{"title":"Contents","authors":"","doi":"10.1163/18781527-12020003","DOIUrl":"https://doi.org/10.1163/18781527-12020003","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49458915","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 : 2021-12-13DOI: 10.1163/18781527-12020002
{"title":"Peer Reviewers of Volume 12","authors":"","doi":"10.1163/18781527-12020002","DOIUrl":"https://doi.org/10.1163/18781527-12020002","url":null,"abstract":"","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41574501","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}