{"title":"用文字战斗:人道主义安全和当代武装冲突中法律作用的变化","authors":"Iida-Maria Tammi","doi":"10.1111/disa.12580","DOIUrl":null,"url":null,"abstract":"<p>Violence against humanitarians is a commonplace phenomenon in contemporary armed conflict. This paper examines how the manipulation of international legal principles for political or military purposes, a practice known as ‘lawfare’, impacts humanitarian security in conflict-affected areas. Drawing on a case study of the Syrian conflict (2011–), it finds that lawfare has been used to legitimate systematic civilian targeting by pro-government forces and to delegitimise the delivery of aid to opposition-held areas of the country. Efforts to use legal measures to promote civilian welfare—by way of sanctions or demands for cross-border humanitarian access—have been taken as evidence of Western attempts to politicise humanitarian considerations and international law. In practice, this has meant increased security risks for aid workers and impunity for those implicated in the violence. The paper concludes by calling for more critical research on lawfare and politicisation of international law as part and parcel of civilian protection in conflict-affected areas.</p>","PeriodicalId":48088,"journal":{"name":"Disasters","volume":"47 4","pages":"870-890"},"PeriodicalIF":2.4000,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/disa.12580","citationCount":"0","resultStr":"{\"title\":\"Fighting with words: humanitarian security and the changing role of law in contemporary armed conflict\",\"authors\":\"Iida-Maria Tammi\",\"doi\":\"10.1111/disa.12580\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>Violence against humanitarians is a commonplace phenomenon in contemporary armed conflict. This paper examines how the manipulation of international legal principles for political or military purposes, a practice known as ‘lawfare’, impacts humanitarian security in conflict-affected areas. Drawing on a case study of the Syrian conflict (2011–), it finds that lawfare has been used to legitimate systematic civilian targeting by pro-government forces and to delegitimise the delivery of aid to opposition-held areas of the country. Efforts to use legal measures to promote civilian welfare—by way of sanctions or demands for cross-border humanitarian access—have been taken as evidence of Western attempts to politicise humanitarian considerations and international law. In practice, this has meant increased security risks for aid workers and impunity for those implicated in the violence. The paper concludes by calling for more critical research on lawfare and politicisation of international law as part and parcel of civilian protection in conflict-affected areas.</p>\",\"PeriodicalId\":48088,\"journal\":{\"name\":\"Disasters\",\"volume\":\"47 4\",\"pages\":\"870-890\"},\"PeriodicalIF\":2.4000,\"publicationDate\":\"2023-04-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/disa.12580\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Disasters\",\"FirstCategoryId\":\"91\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/disa.12580\",\"RegionNum\":3,\"RegionCategory\":\"管理学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Disasters","FirstCategoryId":"91","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/disa.12580","RegionNum":3,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Fighting with words: humanitarian security and the changing role of law in contemporary armed conflict
Violence against humanitarians is a commonplace phenomenon in contemporary armed conflict. This paper examines how the manipulation of international legal principles for political or military purposes, a practice known as ‘lawfare’, impacts humanitarian security in conflict-affected areas. Drawing on a case study of the Syrian conflict (2011–), it finds that lawfare has been used to legitimate systematic civilian targeting by pro-government forces and to delegitimise the delivery of aid to opposition-held areas of the country. Efforts to use legal measures to promote civilian welfare—by way of sanctions or demands for cross-border humanitarian access—have been taken as evidence of Western attempts to politicise humanitarian considerations and international law. In practice, this has meant increased security risks for aid workers and impunity for those implicated in the violence. The paper concludes by calling for more critical research on lawfare and politicisation of international law as part and parcel of civilian protection in conflict-affected areas.
期刊介绍:
Disasters is a major, peer-reviewed quarterly journal reporting on all aspects of disaster studies, policy and management. It provides a forum for academics, policymakers and practitioners to publish high-quality research and practice concerning natural catastrophes, anthropogenic disasters, complex political emergencies and protracted crises around the world. The journal promotes the interchange of ideas and experience, maintaining a balance between field reports, case study articles of general interest and academic papers. Disasters: Is the leading journal in the field of disasters, protracted crises and complex emergencies Influences disaster prevention, mitigation and response policies and practices Adopts a world-wide geographical perspective Contains a mix of academic papers and field studies Promotes the interchange of ideas between practitioners, policy-makers and academics.