Pub Date : 2023-07-05DOI: 10.1017/s1816383123000231
Rigmor Argren
The scope of protection of the environment in relation to armed conflict has continued to expand since the issue was first introduced on the international agenda in the 1970s. Today, it is recognized that the environment is a prima facie civilian object and as such it is entitled to the same layers of protection during an armed conflict as any civilian person or object. Thus, there is a legal obligation to prevent environmental harm in armed conflict, before the event. Given the magnitude of environmental damage that can be anticipated in relation to armed conflict, the obligation to prevent such damage in the first place is critical. In this regard, it is important to note that the legal obligation to prevent environmental harm originates from international environmental law. Furthermore, the obligation to prevent harm is an ongoing obligation. This article illustrates that the general preventive obligations found in international environmental law can shed much-needed light on the general preventive obligations already established under the law of armed conflict, in furtherance of environmental protection.
{"title":"The obligation to prevent environmental harm in relation to armed conflict","authors":"Rigmor Argren","doi":"10.1017/s1816383123000231","DOIUrl":"https://doi.org/10.1017/s1816383123000231","url":null,"abstract":"\u0000 The scope of protection of the environment in relation to armed conflict has continued to expand since the issue was first introduced on the international agenda in the 1970s. Today, it is recognized that the environment is a prima facie civilian object and as such it is entitled to the same layers of protection during an armed conflict as any civilian person or object. Thus, there is a legal obligation to prevent environmental harm in armed conflict, before the event. Given the magnitude of environmental damage that can be anticipated in relation to armed conflict, the obligation to prevent such damage in the first place is critical. In this regard, it is important to note that the legal obligation to prevent environmental harm originates from international environmental law. Furthermore, the obligation to prevent harm is an ongoing obligation. This article illustrates that the general preventive obligations found in international environmental law can shed much-needed light on the general preventive obligations already established under the law of armed conflict, in furtherance of environmental protection.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"28 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90105792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-03DOI: 10.1017/s1816383123000243
Pouria Askary, Katayoun Hosseinnejad
The law of belligerent occupation permits the Occupying Power to administer and use the natural resources in the occupied territory under the rules of usufruct. This provision has no counterpart in the provisions of humanitarian law applicable to non-international armed conflicts, which may suggest that any exploitation of natural resources by non-State armed groups is illegal. The International Committee of the Red Cross's updated 2020 Guidelines on the Protection of the Environment in Armed Conflict did not touch on this issue, and nor did the International Law Commission in its 2022 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, where it applied the notion of sustainable use of natural resources instead of usufruct. The present paper aims to fill this gap. It first reviews the development of the concept of usufruct and then studies whether the current international law entitles non-State armed groups with de facto control over a territory to exploit natural resources. By delving into the proposals raised by some commentators to justify such exploitation for the purpose of administering the daily life of civilian populations, the paper advocates for a limited version of this formula as the appropriate lex ferenda. In the final section, the paper discusses how situations of disaster, as circumstances which may preclude the wrongfulness of the act, may justify the exploitation of natural resources by non-State armed groups in the current international legal order.
{"title":"A possible legal framework for the exploitation of natural resources by non-State armed groups","authors":"Pouria Askary, Katayoun Hosseinnejad","doi":"10.1017/s1816383123000243","DOIUrl":"https://doi.org/10.1017/s1816383123000243","url":null,"abstract":"\u0000 The law of belligerent occupation permits the Occupying Power to administer and use the natural resources in the occupied territory under the rules of usufruct. This provision has no counterpart in the provisions of humanitarian law applicable to non-international armed conflicts, which may suggest that any exploitation of natural resources by non-State armed groups is illegal. The International Committee of the Red Cross's updated 2020 Guidelines on the Protection of the Environment in Armed Conflict did not touch on this issue, and nor did the International Law Commission in its 2022 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, where it applied the notion of sustainable use of natural resources instead of usufruct. The present paper aims to fill this gap. It first reviews the development of the concept of usufruct and then studies whether the current international law entitles non-State armed groups with de facto control over a territory to exploit natural resources. By delving into the proposals raised by some commentators to justify such exploitation for the purpose of administering the daily life of civilian populations, the paper advocates for a limited version of this formula as the appropriate lex ferenda. In the final section, the paper discusses how situations of disaster, as circumstances which may preclude the wrongfulness of the act, may justify the exploitation of natural resources by non-State armed groups in the current international legal order.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"52 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74727986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-08DOI: 10.1017/s181638312300022x
C. Mohr
{"title":"Scorched Earth: Environmental Warfare as a Crime against Humanity and Nature By Emmanuel Kreike *","authors":"C. Mohr","doi":"10.1017/s181638312300022x","DOIUrl":"https://doi.org/10.1017/s181638312300022x","url":null,"abstract":"","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"54 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84831241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-06DOI: 10.1017/s1816383123000176
{"title":"IRC volume 105 issue 923 Cover and Front matter","authors":"","doi":"10.1017/s1816383123000176","DOIUrl":"https://doi.org/10.1017/s1816383123000176","url":null,"abstract":"","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"1 1","pages":"f1 - f5"},"PeriodicalIF":0.7,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83720564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-06DOI: 10.1017/s1816383123000164
{"title":"IRC volume 105 issue 923 Cover and Back matter","authors":"","doi":"10.1017/s1816383123000164","DOIUrl":"https://doi.org/10.1017/s1816383123000164","url":null,"abstract":"","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"37 1","pages":"b1 - b2"},"PeriodicalIF":0.7,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79360960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-06DOI: 10.1017/S181638312300019X
T. Meron
Despite the thousands of pages written and words said about the Holocaust, I still am at a loss in trying to understand it. How a European people with a rich cultural tradition that produced some of the world's greatest composers, philosophers and poets could invent, enforce and docilely follow the first industrial genocide in human history remains, for me, an enigma. This essay focuses on the Jews, both numerically and ideologically the principal, but not the only, victims, the Roma being the other principal victims.
{"title":"The Bystander, the Good Samaritan and the Just in the Holocaust and international humanitarian law","authors":"T. Meron","doi":"10.1017/S181638312300019X","DOIUrl":"https://doi.org/10.1017/S181638312300019X","url":null,"abstract":"Despite the thousands of pages written and words said about the Holocaust, I still am at a loss in trying to understand it. How a European people with a rich cultural tradition that produced some of the world's greatest composers, philosophers and poets could invent, enforce and docilely follow the first industrial genocide in human history remains, for me, an enigma. This essay focuses on the Jews, both numerically and ideologically the principal, but not the only, victims, the Roma being the other principal victims.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"36 1","pages":"1017 - 1027"},"PeriodicalIF":0.7,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81168905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-02DOI: 10.1017/S1816383123000127
Najla Nassif Palma
Abstract The idea that Rio de Janeiro has been plunged into an actual “war” against organized crime is widely discussed and is supported by an ever-increasing number of people in Brazil. Not surprisingly, such discourse has led to less protection for the civilian population, particularly in the so-called favelas, while allowing security forces to carry out operations with even greater relative impunity. This article argues that although urban violence in Rio de Janeiro is indeed a serious problem, it does not reach the threshold required to be considered a non-international armed conflict.
{"title":"Is Rio de Janeiro preparing for war? Combating organized crime versus non-international armed conflict","authors":"Najla Nassif Palma","doi":"10.1017/S1816383123000127","DOIUrl":"https://doi.org/10.1017/S1816383123000127","url":null,"abstract":"Abstract The idea that Rio de Janeiro has been plunged into an actual “war” against organized crime is widely discussed and is supported by an ever-increasing number of people in Brazil. Not surprisingly, such discourse has led to less protection for the civilian population, particularly in the so-called favelas, while allowing security forces to carry out operations with even greater relative impunity. This article argues that although urban violence in Rio de Janeiro is indeed a serious problem, it does not reach the threshold required to be considered a non-international armed conflict.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"35 1","pages":"795 - 827"},"PeriodicalIF":0.7,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77010733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-25DOI: 10.1017/s1816383123000206
The purpose of this section is to share, in a consolidated format, relevant and public documentation pertaining to the theme of armed violence and the ICRC's operational response to the phenomenon.
本节的目的是以综合形式分享与武装暴力主题和红十字委员会对这一现象的行动反应有关的公开文件。
{"title":"Some key documents on the ICRC's response to armed violence and more","authors":"","doi":"10.1017/s1816383123000206","DOIUrl":"https://doi.org/10.1017/s1816383123000206","url":null,"abstract":"The purpose of this section is to share, in a consolidated format, relevant and public documentation pertaining to the theme of armed violence and the ICRC's operational response to the phenomenon.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"1 1","pages":"1163 - 1164"},"PeriodicalIF":0.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83654170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-24DOI: 10.1017/S1816383123000103
A. Lubin
Every so often, a book comes along that engages in a uniquely thoughtful and in-depth way on an issue of pivotal contemporary importance. Russell Buchan and Asaf Lubin’s recently published edited volume, The Rights to Privacy and Data Protection in Times of Armed Conflict, is one such book. The book, published in June 2022, aims to address the unique threats posed by contemporary armed conflict to the rights to privacy and data protection. The editors and the chapter authors they have convened address the many – and everchanging – technological advances in surveillance, data analytics, artificial intelligence and more, and how these advances fundamentally alter the landscape and nature of military operations in the modern world. Even more to the point, the book delves into the gaps in existing law and policy that, as they stand, In this new series called “Beyond the Literature”, the Editorial Team of the International Review of the Red Cross selects a recently published volume in the field of humanitarian law, policy and action and convenes a discussion on the book among experts, in an effort to foster constructive engagement on some of the most promising recent literature in the field.
{"title":"The Rights to Privacy and Data Protection in Times of Armed Conflict Edited by Russell Buchan and Asaf Lubin","authors":"A. Lubin","doi":"10.1017/S1816383123000103","DOIUrl":"https://doi.org/10.1017/S1816383123000103","url":null,"abstract":"Every so often, a book comes along that engages in a uniquely thoughtful and in-depth way on an issue of pivotal contemporary importance. Russell Buchan and Asaf Lubin’s recently published edited volume, The Rights to Privacy and Data Protection in Times of Armed Conflict, is one such book. The book, published in June 2022, aims to address the unique threats posed by contemporary armed conflict to the rights to privacy and data protection. The editors and the chapter authors they have convened address the many – and everchanging – technological advances in surveillance, data analytics, artificial intelligence and more, and how these advances fundamentally alter the landscape and nature of military operations in the modern world. Even more to the point, the book delves into the gaps in existing law and policy that, as they stand, In this new series called “Beyond the Literature”, the Editorial Team of the International Review of the Red Cross selects a recently published volume in the field of humanitarian law, policy and action and convenes a discussion on the book among experts, in an effort to foster constructive engagement on some of the most promising recent literature in the field.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"3 1","pages":"1152 - 1162"},"PeriodicalIF":0.7,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84602200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-22DOI: 10.1017/s1816383123000218
Detention – by States and non-State armed groups (NSAGs) – is a reality in armed conflict. In 2021, the International Committee of the Red Cross (ICRC) estimated that around 100 armed groups were holding detainees. Detention puts people in a vulnerable situation: their lives and dignity depend on the detaining authority. Experience shows that detention by NSAGs often presents legal and practical challenges, ranging from a lack of knowledge of international rules and standards on detainee protection, in particular those found in international humanitarian law (IHL), to practical challenges such as how to ensure humane conditions of detention in the dire realities of armed conflict, or how to provide essential judicial guarantees for persons facing criminal charges.
{"title":"ICRC report on Detention by Non-State Armed Groups: Obligations under International Humanitarian Law and Examples of How to Implement Them","authors":"","doi":"10.1017/s1816383123000218","DOIUrl":"https://doi.org/10.1017/s1816383123000218","url":null,"abstract":"Detention – by States and non-State armed groups (NSAGs) – is a reality in armed conflict. In 2021, the International Committee of the Red Cross (ICRC) estimated that around 100 armed groups were holding detainees. Detention puts people in a vulnerable situation: their lives and dignity depend on the detaining authority. Experience shows that detention by NSAGs often presents legal and practical challenges, ranging from a lack of knowledge of international rules and standards on detainee protection, in particular those found in international humanitarian law (IHL), to practical challenges such as how to ensure humane conditions of detention in the dire realities of armed conflict, or how to provide essential judicial guarantees for persons facing criminal charges.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"13 1","pages":"1165 - 1166"},"PeriodicalIF":0.7,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73688042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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