Search

Ben & Jerry's – the famous ice cream brand known for its quirky flavours and social justice ethos – announced in 2021 that it would withdraw its products from Israeli settlements in the Occupied Palestinian Territory (OPT). This announcement sparked controversy, with an impact on the company and its parent, Unilever. While the UN Guiding Principles on Business and Human Rights (2011) (UNGP) have established themselves as the leading international governance framework for the social responsibilities of businesses, their application to conflict-affected areas lacks clarity. Questions remain, including when is a company legally complicit in violations of international humanitarian law (IHL), and when is a corporate exit from an area under military occupation the appropriate and responsible thing to do. This article uses Ben & Jerry's withdrawal from the OPT as the basis for investigating these questions. It finds that while it is unlikely that Ben & Jerry's would be exposed to any legal liability for violating IHL through its product sales in Israeli settlements in the OPT, its withdrawal aligns with its responsibilities under the UNGP as a reasonable and prudent corporate action in response to its activities being linked to enduring and severe IHL violations. [ABSTRACT FROM AUTHOR]

This article examines how European Union (EU) arms control measures are tailored to its constitutional foundations. EU Member States subject shipments of arms and components to controls so as to screen them for risks and potentially block them. In this context different Member States may make different geopolitical and humanitarian risk assessments. Existing EU measures have achieved only limited security screening harmonisation, and have left room for Member States to shirk their obligations under international humanitarian law. But in case of joint arms production, which the EU subsidises to become more autonomous, one Member State’s arms controls may block another State’s exports and thereby jeopardise cooperation. This article posits that any reform of EU arms controls should start by re-evaluating their present legal basis. A constitutional competence analysis shows that controls on arms shipments to non-EU states should be regulated in part through the Common Commercial Policy (CCP), and not just through the Common Foreign and Security Policy (CFSP). This would be consistent with other EU regulatory regimes for trade security. While a joint CFSP-CCP approach cannot fully prevent conflict, since this would require further foreign policy harmonisation, it could help foster security convergence and strengthen humanitarian due diligence mechanisms.

The relationship between armed conflict, the environment and climate change is intricate and challenging to define. While international humanitarian law (IHL) includes some environmental protections, it did not anticipate the connection to climate change. Climate change can act as a risk multiplier, intensifying negative socio-economic impacts, and conflict-related environmental damage may contribute to climate change. Bridging these fields is crucial, and to this end, this article seeks to interpret IHL considering evolving understandings of armed conflict effects and progress under international environmental law (IEL). The article illustrates how existing norms can address climate change impacts in warfare, and explores how relevant IEL provisions, such as the Paris Agreement and the harm prevention principle, could be applied during armed conflicts to achieve similar goals. [ABSTRACT FROM AUTHOR]

The concept of humanity has been much discussed with respect to humanitarian work and international humanitarian law. There is today an idea of a single humanity, with each member equally valued beyond superficial differences in belief, nationality, ethnicity etc., and a global legal framework exists to prevent needless human suffering, including in war. Dehumanization arises linguistically as the negation of a common, positive and mutually supportive humanity, though there is no single definition, and it certainly predates its opposite. Research indicates that dehumanization increases the risk of conflict/violence, increases the risk of abuses therein, and makes it harder to resolve conflict. This paper gives an overview of how humanity is currently defined and used, notably by the International Committee of the Red Cross (ICRC) as one Fundamental Principle of the International Red Cross and Red Crescent Movement, and what dehumanization means especially in relation to conflict and violence. The paper then explores why and how dehumanization happens and the real-world harm that can result when it is espoused or tacitly condoned by those in positions of power. Finally, the paper examines how global legal frameworks and the principle of humanity, bolstered by impartiality, independence and neutrality, in particular as enacted by the ICRC, work to curb and push back against some of the worst harms that dehumanization can cause. [ABSTRACT FROM AUTHOR]

The Russia-Ukraine war demonstrates the crucial role of technology in modern warfare. The use of digital networks, information infrastructure, space technology, and artificial intelligence has distinct military advantages, but raises challenges as well. This essay focuses on the way it exacerbates a rather familiar challenge: the "civilianization of warfare." Today's high-technology warfare lowers the threshold for civilian participation in the war effort. A notable example is the widespread use of smartphone apps by Ukrainian civilians, who thereby help the armed forces defend against Russian aggression. Through the lenses of international humanitarian law, conventional just war theory, and revisionist just war theory, this essay evaluates the normative dimensions of such civilian participation. The analysis shows that civilians can lose their legal protections when they use these apps to directly participate in hostilities, and this loss of immunity can be justified by Michael Walzer's conventional just war theory. Revisionism, however, puts the justness of the war at the forefront, and so sheds doubt on the moral liability of Ukrainian civilians. Considering the broader implications, including the blurring combatant-civilian distinction, indicates that such civilianization of warfare should not be welcomed; the risks will often outweigh the benefits. At a minimum, states ought to exercise restraint in mobilizing civilians and inform them of the implications of their actions. [ABSTRACT FROM AUTHOR]

Since commencing its illegal invasion in 2022, the Russian military and authorities have committed numerous war crimes against the people of Ukraine. These include the mutilation and execution of combatants; the torture, kidnapping, forced expulsion, rape, and massacre of civilians; and indiscriminate attacks on densely populated areas. In this essay, I evaluate the strategic implications of this misconduct, focusing exclusively on Western responses. I argue that war crimes can and often do negatively impact the strategic goals of the perpetrator, but whether and how this occurs is rarely governed exclusively by the offending action. Western perceptions of battlefield atrocity, shaped as they are by identity, race, and politics, may radically shift from one context to another. In the case of the Russia-Ukraine war, the status of both the participants and the conflict itself has helped inculcate a particular sensitivity among Western actors to the battlefield criminality of Russia. Drawing on evidence from the 2022 Bucha massacre and the ongoing bombing of Ukrainian civilians, I argue that Russian misconduct has consolidated Western support for the Ukrainian military effort, politically, diplomatically, and materially. [ABSTRACT FROM AUTHOR]

The article seeks to raise awareness about the non-application of the norms of international humanitarian law (IHL) of international armed conflicts in situations of so-called internationalised armed conflicts – namely, when a non-state armed group (NSAG) that is engaged in an armed conflict against the territorial state enjoys a degree of support from another state. Debates in academic circles and international case law have focused largely on the appropriate test and threshold for establishing the relationship between the NSAG and the supporting state. Practice, however, shows that regardless of the legal test, the foreign state support to the NSAG in a (or an initially) non-international armed conflict is so politically charged that it leads to a complete non-application of the law of international armed conflict by the relevant actors. The article demonstrates its conceptual findings through four case studies: the armed conflicts in Donbas, Nagorno-Karabakh, Democratic Republic of the Congo, and Yemen. Regardless of strong indications of foreign state support to the NSAG in these armed conflicts, no relevant actors applied the IHL norms of international armed conflict. The article provides broader suggestions on the possible avenues for remedying the issue. [ABSTRACT FROM AUTHOR]

The trend toward the "humanization" of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This essay argues, however, that a court should not defer to a state's characterization of hostilities, but should base its analysis on whether hostilities meet the criteria for an armed conflict. Applying HRL to hostilities that effectively are an armed conflict but not acknowledged as such risks diluting the legitimacy and normative force of HRL. On the one hand, if a court applies conventional stringent HRL standards, this body of law may be seen as unrealistic and is likely to be ignored. On the other hand, a court that adapts HRL standards to armed conflict may need to take a consequentialist approach at odds with HRL's deontological foundations. Clearly differentiating between HRL and IHL may thus best promote the humanization of warfare. [ABSTRACT FROM AUTHOR]

This article outlines and evaluates the US perspective on how treaty and customary international law protect the natural environment during international armed conflict. It surveys the relevant treaties to which the United States is a party and examines US views on their pertinent provisions. It then assesses claims that the environmental obligations residing in the 1977 Additional Protocol I to the 1949 Geneva Conventions have attained customary status, outlines the United States' rejection of those claims, and evaluates the reasonableness thereof. Finally, it highlights ambiguities in certain US environmental positions, the resolution of which would bring much-needed clarity to the law. [ABSTRACT FROM AUTHOR]

In 2020, the International Committee of the Red Cross's work on the protection of the natural environment under international humanitarian law (IHL) produced the Committee's Guidelines on the Protection of the Natural Environment in Armed Conflict (ICRC Guidelines), an update of their 1994 predecessor. The ICRC Guidelines consist of thirty-two rules and recommendations under IHL, each accompanied by a commentary explaining their legal basis and providing guidance for interpretation. This article presents an overview of the context surrounding the Guidelines, certain key legal content, and practical implications for the conduct of parties to armed conflict as they fight. [ABSTRACT FROM AUTHOR]

In this iteration of the Review 's "Beyond the Literature" series, we have invited Ezequiel Heffes to introduce his recent book Detention by Non-State Armed Groups under International Law , before then posing a series of questions to Tilman Rodenhäuser, René Provost, Mariana Chacón Lozano and Katharine Fortin, who have agreed to serve as discussants of the book. Tilman Rodenhäuser is a Legal Adviser at the International Committee of the Red Cross (ICRC), with particular expertise in non-State armed groups (NSAGs) and detention. René Provost is the James McGill Professor of Law at McGill University and has written extensively on public international law, including his recent monograph Rebel Courts: The Administration of Justice by Armed Insurgents. Mariana Chacón Lozano has served as the Operational Legal Coordinator for the ICRC in Colombia since October 2020 and has worked for the ICRC since 2011. Katharine Fortin is Associate Professor at the Netherlands Institute of Human Rights within the Faculty of Law, Economics and Governance of Utrecht University. The Review team is grateful to all four discussants, and to Ezequiel, for taking part in this engaging conversation. [ABSTRACT FROM AUTHOR]

Dr Marja Lehto is Ambassador for International Legal Affairs at the Ministry for Foreign Affairs of Finland, and Adjunct Professor of International Law at the University of Helsinki. She was a member of the United Nations (UN) International Law Commission (ILC) and served as the Special Rapporteur for the topic "Protection of the Environment in Relation to Armed Conflicts" from 2017 to 2022. Dr Lehto is also a member of the Council of the International Institute of Humanitarian Law since 2019. She has formerly served, inter alia , as Legal Adviser to the Finnish UN Mission in New York (1995–2000), as Head of the Unit for Public International Law (2000–09), and as Finland's Ambassador to Luxembourg (2009–14). For most of her career, she has worked on issues related to international peace and security, including international criminal justice and international humanitarian law (IHL), and she has published on a broad range of international legal questions related to the law of the sea, international environmental law (IEL), State succession, use of force, armed conflicts, terrorism and cyber security. [ABSTRACT FROM AUTHOR]

Protected areas safeguard biodiversity of global ecological importance, even throughout armed conflicts. The International Law Commission's Principles on Protection of the Environment in Relation to Armed Conflicts propose that certain ecologically important areas could be designated as protected zones during armed conflicts. This article uses a geospatial analysis of armed conflicts and Key Biodiversity Areas and three case studies to inform recommendations on how the protection of ecologically important areas could be enhanced through visibility, local actors and international stakeholders as part of a broader interpretation of a protected zone. [ABSTRACT FROM AUTHOR]

The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and institutions like the International Law Commission have started to reflect on how to better protect the environment in armed conflict through the lens of another branch of international law, namely, international environmental law (IEL). Such an approach has involved examining the interplay between IHL and IEL, and scholars have subsequently proposed and then elaborated on frameworks in that respect. This paper intends to identify common trends of those frameworks and to critically appraise them, with the aim of providing a suitable approach to the interplay between IHL and IEL. [ABSTRACT FROM AUTHOR]

Given the increasing size and functions of United Nations (UN) peace operations (POs) and the fact that they often operate in contexts where natural resources are degraded, POs have repercussions on the environment. Yet, there is not much literature on their obligations regarding the protection of the environment in relation to armed conflicts. This article provides insights into the obligations of POs in relation to armed conflict. First, it highlights POs' customary international environmental law obligations. Second, it delves into their environmental obligations under the UN's internal rules and the host State's laws. Third, it explores obligations that arise from their mandates. In each of these sections, the article highlights the relevance and application of these obligations in armed conflicts. The last section examines the obligations of POs to protect the natural environment under international humanitarian law. [ABSTRACT FROM AUTHOR]

Actors engaging in a diverse set of environmental protection activities are experiencing serious difficulties executing their mandates during armed conflict, leading to environmental harm that could otherwise have been mitigated. This article examines to what extent the international legal and policy framework can ensure the protection of environmental protection actors during armed conflict. It is argued that environmental protection actors can be seen either as part of civil defence organizations or as humanitarian relief actors, and are therefore covered by special protections under international humanitarian law. However, two main challenges remain: (1) despite these existing provisions, environmental protection actors may still face access and safety issues during armed conflict, and (2) within this framework, environmental protection activities must be linked to civilian needs and cannot be conducted based on ecocentric motivations. To overcome these challenges, the article introduces the concept of "environmentarian corridors". Environmentarian corridors would allow for the unimpeded movement of environmental protection workers and resources through contested territory and into emergency areas to protect the environment. They would also serve to increase awareness about obligations to protect the environment and would help to ensure the safety of environmental protection actors during armed conflict, as the role and mandate of these actors is explicitly accepted by stakeholders. Additionally, environmentarian corridors offer potential for conducting environmental protection activities on ecocentric grounds. The article concludes by advocating for stakeholders to employ the provisions and concepts articulated herein as a means to further promote and strengthen initiatives aimed at protecting the environment during armed conflict. [ABSTRACT FROM AUTHOR]

Both gender and the environment have traditionally been positioned at the periphery of international humanitarian law (IHL). In recent decades, there has been important progress in moving both concerns closer to its centre; to date, however, an understanding of the intersection of gender and the environment in the legal regulation of armed conflict remains largely underdeveloped. Nevertheless, as the present article documents, there are important similarities in strategies pursued to advance both gender and the environment from the periphery to the mainstream of IHL, namely: first, a focus on sources of IHL, in particular concretizing arguably limited specific treaty content with interpretive guidance and implementation frameworks; second, a conceptual critique of prevailing definitions of "harm" in IHL; and third, advancing, through close empirical documentation and household-level analysis of conflict's effects, understandings of harm that capture so-called "second-round" effects of conflict. Recognizing these important affinities between gender and environment work in IHL, this article draws on these insights to propose a typology of gendered environmental harm in conflict. The article concludes with proposals for enhancing the legal and operational capture under IHL of the gender–conflict–environment nexus. [ABSTRACT FROM AUTHOR]

ChatGPT launched in November 2022, triggering a global debate on the use of artificial intelligence (AI). A debate on AI-enabled lethal autonomous weapon systems (LAWS) has been underway far longer. Two sides have emerged: one in favor and one opposed to an international law ban on LAWS. This essay explains the position of advocates of a ban without attempting to persuade opponents. Supporters of a ban believe LAWS are already unlawful and immoral to use without the need of a new treaty or protocol. They nevertheless seek an express prohibition to educate and publicize the threats these weapons pose. Foremost among their concerns is the "black box" problem. Programmers cannot know what a computer operating a weapons system empowered with AI will "learn" from the algorithm they use. They cannot know at the time of deployment if the system will comply with the prohibition on the use of force or the human right to life that applies in both war and peace. Even if they could, mechanized killing affronts human dignity. Ban supporters have long known that "AI models are not safe and no one knows how to reliably make them safe" or morally acceptable in taking human life. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

This article invites the reader on a journey through the legal arguments that would confirm the application of the United Nations (UN) climate change regime to belligerent occupations. Although the regime is silent on this issue, its application should not be limited to peacetime due to the seriousness of global climate change and its adverse effects on the environment and living entities. A harmonious interpretation and application of the UN climate change regime and the law of occupation would allow Occupying Powers to ensure the safety and well-being of the civilian population and contribute to the protection of the Earth's climate system. [ABSTRACT FROM AUTHOR]

This article argues that the growing involvement of civilians in activities on the digital battlefield during armed conflicts puts individuals at risk of harm and contributes to the erosion of the principle of distinction, a cornerstone of international humanitarian law (IHL). The article begins by outlining the ongoing trend of civilianization of the digital battlefield and puts forward brief scenarios to illustrate it. It then examines the narrow circumstances under which such forms of civilian involvement may qualify as direct participation in hostilities under IHL, and discusses what this means for the individuals concerned, particularly from the perspective of their loss of protection under the law. The analysis shows that certain types of State conduct which put civilians in harm's way by inducing them to directly participate in hostilities may constitute standalone violations of IHL and human rights law obligations. Beyond these specific prescriptions, the encouragement of civilian involvement undermines the principle of distinction, with dangerous ripple effects on the interpretation of those rules of IHL that flow from it. Accordingly, the article concludes that States should act to reverse the trend of civilianization of the digital battlefield and refrain as much as possible from involving civilians in the conduct of cyber hostilities. [ABSTRACT FROM AUTHOR]

Thermobaric weapons cause damage and harm through overpressure and thermal effects, but secondary harm may also occur due to fragmentation, the consumption and depletion of ambient oxygen, and the release of toxic gases and smoke. Several international instruments prohibit or regulate weapons that generate asphyxiating or toxic gases, poison or poisoned weapons, chemical weapons, and weapons primarily designed to be incendiary. Thermobaric weapons are, however, primarily designed for blast and are not specifically covered by, or excluded from, the application of these instruments. The general customary law principles of international humanitarian law that determine the legality of the use of all weapons, including thermobaric weapons, prohibit causing superfluous injury and unnecessary suffering, and the use of indiscriminate weapons. Thermobaric weapons cause severe suffering but will not be rendered unlawful merely because of this effect. These weapons are also not automatically and inherently indiscriminate when used in their normal or designed circumstances. The use of thermobaric weapons, when directed at a military objective, while considering all feasible precautions to protect civilians and civilian objects and the principle of proportionality, will, as a result, be lawful in most circumstances. However, the use of thermobaric weapons should, in a similar manner to heavy explosive weapons, be avoided in urban or populated areas. [ABSTRACT FROM AUTHOR]

Water is the lifeblood of human beings and society, but threats to water, such as the pollution of rivers, cyber crimes, and attacks against water infrastructure, are increasing. In green criminology, scholars have relied on domestic criminal law to develop the concept of crimes against water. This paper argues that international law could provide several frameworks for addressing these crimes. A number of international treaties and customary rules deal directly or indirectly with crimes against water, and the United Nations Security Council has also dealt with crimes against water committed by terrorist groups and parties to armed conflict. Crimes against water may represent violations not only of domestic criminal laws but also of international humanitarian law and human rights law. [ABSTRACT FROM AUTHOR]

This article aims to clarify how international humanitarian law (IHL) rules on targeting apply when drug cartels are party to a non-international armed conflict. The question of distinguishing between a cartel's armed forces and the rest of the cartel members is a pertinent matter. It is crucial to avoid considering every drug dealer a legitimate target, just as we do not consider that everyone working for the government is a legitimate target. Nevertheless, it is unclear at what point a member of a cartel would change from being a criminal to being a member of the armed wing of the cartel, hence becoming a legitimate target. The present article will suggest a teleological approach to solving this conundrum. [ABSTRACT FROM AUTHOR]

Negotiations with organized crime groups occur more often than realized, and raise complex questions of ethics, practice and policy. Currently, law provides few incentives for States to choose the path of negotiation, and thus the political costs and moral hazards remain very high and a mano dura ("firm hand") approach prevails. This paper examines some of the challenges faced by those who in good faith might initiate or participate in negotiations with such groups, offering an assessment of how those challenges can be mitigated and an inquiry, in particular, into how law and policy might be improved or reimagined to make such negotiation more feasible and effective in contexts of armed conflict or other situations of violence. [ABSTRACT FROM AUTHOR]

For international lawyers seeking to promote compliance with international humanitarian law (IHL), some level of affective awareness is essential – but just where one might cultivate an understanding of emotions, and at which juncture of one's career, remains a mystery. This article proposes that what the IHL lawyers and advocates of the future need is an affect-based education. More than a simple mastery of a technical set of emotional intelligence skills, what we are interested in here is the refinement of a disposition or sensibility – a way of engaging with the world, with IHL, and with humanitarianism. In this article, we consider the potential for the Jean-Pictet Competition to provide this education. Drawing on our observations of the competition and a survey with 231 former participants, the discussion examines the legal and affective dimensions of the competition, identifies the precise moments of the competition in which emotional processes take place, and probes the role of emotions in role-plays and simulations. Presenting the Jean-Pictet Competition as a form of interaction ritual, we propose that high "emotional energy" promotes a humanitarian sensibility; indeed, participant interactions have the potential to re-constitute the very concept of humanitarianism. We ultimately argue that a more conscious engagement with emotions at competitions like Pictet has the potential to strengthen IHL training, to further IHL compliance and the development of IHL rules, and to enhance legal education more generally. [ABSTRACT FROM AUTHOR]

This article aims to demonstrate that respect for international humanitarian law (IHL) may help reduce the impact of organized crime in areas affected by armed conflict through a case study of the conflict in Sierra Leone (1991–2002). In this conflict, a symbiosis in violence was created, with diamond smuggling being essential to achieve the parties' military objectives, and those objectives being increasingly shaped by involvement in diamond smuggling. This led to further violence connected with the conflict and breaches of IHL. Ensuring compliance with IHL may therefore reduce the impact of these activities in armed conflicts. An important tool in securing this compliance is the influence of other States not party to the conflict, further to their obligation to ensure respect for IHL. [ABSTRACT FROM AUTHOR]

Armed conflicts leave populations vulnerable to organ trafficking, a criminal enterprise with little international regulation when viewed separately from human trafficking. The Council of Europe's Convention against Trafficking in Human Organs is the only instrument to contemplate the responsibility of actors involved in organ trafficking, but traffickers may go unpunished due to its limited scope. Yet in armed conflict, international humanitarian law offers additional protection. The rules protecting the living and the dead against ill-treatment provide the basic level of protection necessary to consider the international responsibility of organ trafficking networks and the individual criminal responsibility of their members. [ABSTRACT FROM AUTHOR]

Endless armed conflicts against terrorist groups put civilian populations at risk. Since France has been involved in the Sahel from 2013 onwards, transnational non-international armed conflicts (NIACs) of extended geographical and temporal scope against groups designated as terrorists are not a US exception anymore. NIACs against terrorist groups, conducted not only by the United States but also by France, persist and have been reconfigured around threat anticipation. How can anticipatory warfare be best constrained? This article argues that it can be best done through more constraining rules regulating target selection in NIACs and, in particular, by redefining the notion of continuous combat function (CCF). Many elements explored in this article indicate that the United States and France select targets that they pre-designate as terrorists, before these targets are engaged in hostilities. Instead of responding to the observed participation of these individuals in hostilities, strikes are based on contextual and behavioural elements ahead or outside of such moments. This paper argues that when war consists of threat anticipation, it becomes very extensive and particularly risky for civilians. Furthermore, recent State practice in the counterterrorism context reveals the pitfalls of the notions of direct participation in hostilities and CCF as defined in the 2009 International Committee of the Red Cross Interpretive Guidance. Outside this context, the interpretations proposed in the Interpretive Guidance might seem sufficient to constrain target selection processes and to protect civilian populations. However, when applied to armed conflicts that are driven by threat anticipation, the pitfalls of these interpretations emerge. I formulate a critique of these interpretations as being partly responsible for anticipatory warfare and propose an alternative theory for the CCF test. [ABSTRACT FROM AUTHOR]

In terms of its disruptive impact and intensity of violence, banditry is the gravest security threat that Nigeria currently faces, and it is driving her worst national humanitarian crisis in decades. There are contests about the origin, nature and the drivers of banditry and how well bandits by their modus operandi fit into the various definitional frameworks of an organized criminal group. The article examines what is known about bandits and banditry in light of existing definitional and conceptual paradigms of organized crime and criminal groups, and interrogates the applicability of international humanitarian law to this security crisis that characterizes the current face of conflict in the West African Sahel. [ABSTRACT FROM AUTHOR]

Does international law restrict the use of force by states in self-defense even when their survival is threatened? Should it? To answer these questions, I compare international law to domestic law and develop two ideal-types of emergency: in a 'subject emergency' law imposes absolute, justiciable limits on self-defense. In a 'community emergency' the sovereign, not law, determines what is necessary for the survival of the community and its legal system: sustaining the rule of law justifies its temporary retreat. I show that international law has elements of both ideal-types. It imposes some absolute limits on self-defense. However, international law also retreats, allowing the victim state to determine the (1) aims, (2) ad bellum proportionality, and (3) end of self-defense, as if armed threats triggered community emergencies. These three retreats serve the function of sustaining the rule of international law over the states at war. Retreats (1) and (3) also help sustain the rule of international law over the international community. That international law does and should not treat armed threats against states simply as subject emergencies, shows it can only sustain the rule of international law in an emergency by retreating. This is a negative litmus test for international law's ability to diffuse anarchy in International Relations. [ABSTRACT FROM AUTHOR]

Gerard Quinn is the United Nations (UN) Special Rapporteur on the rights of persons with disabilities. A graduate of Harvard Law School, he founded and directed the Centre for Disability Law & Policy at the National University of Ireland for many years. He sat as a member of the Council of Europe's treaty body on social rights and served as a civil servant in the European Commission, where he drafted European Union disability policies. He has conducted many large studies for the UN, including a 2002 Study that helped launch the drafting of the UN Convention on the Rights of Persons with Disabilities. He led the delegation of Rehabilitation International during the drafting of the treaty. He has received many lifetime awards for his work on international disability law from the US International Council on Disability, the European Association of Service Providers for Persons with Disabilities and Rehabilitation International. He was conferred with an honorary doctorate for his worldwide disability law work by Lund University in 2022. He has held honorary positions at the National Academy of Legal Studies and Research (NALSAR; Hyderabad, India), Wuhan University (China), Fudan University (Shanghai), University of New South Wales (Sydney), Deakin University (Melbourne), Harvard Law School and Haifa University (Israel). He served on the Council of State in Ireland where he advised the President on constitutional law matters. His hobbies include folk music and storytelling. [ABSTRACT FROM AUTHOR]

The adoption of the Convention on the Rights of Persons with Disabilities (CRPD) represents an important and (potentially) progressive development in the protection framework under international humanitarian law (IHL). Article 11 of the CRPD specifically obliges States to protect persons with disabilities from harm in situations of risk, including armed conflict, consistent with IHL and human rights law. The CRPD framework signals the need to address the traditional framing of disability under IHL and to draw from human rights concepts in the CRPD in order to inform the protection accorded to persons with disabilities in armed conflict. This article is divided into four main parts: the first three address three main lines of inquiry, while the fourth is forward-looking. The first part analyzes the framing and construction of disability in IHL and the implications of such framing for the protection of persons with disabilities. The second part analyzes fundamental IHL rules in an effort to demonstrate how the framing of disability and the protection framework of the CRPD can be used in the application of IHL. The third part identifies some specific problem areas ripe for further disability scoping and harmonization of the CRPD and IHL. Looking forward, the fourth part identifies entry points for focused action and research aimed at bringing about the kind of dynamic treaty practice envisioned by Article 11 of the CRPD. [ABSTRACT FROM AUTHOR]

Academics rarely raise the need to consider persons with disabilities when preventing, investigating and prosecuting international humanitarian law (IHL) violations. Worse still, no actual attempts have been made to include a disability perspective into practical guidance and monitoring mechanisms. This article addresses that void by laying out how existing yet unutilized IHL obligations can be leveraged to repress and suppress disability-based IHL violations. In doing so, the article will detail how fact-finding approaches, criminal investigative processes and reporting methods for IHL violations can be inclusive of persons with disabilities and thus more appropriately address the endemic under-representation of a disability perspective in the planning and execution of military operations during armed conflict and the specific crimes they thereby suffer. Additionally, this article will articulate concrete changes that should be made to international criminal law procedures for prosecuting war crimes to provide recognition and accountability for disability-based IHL violations, as has been done for violations against women and children. Finally, this article will diagnose the state of the law to address any legal challenges or hurdles that may hamper the inclusion of a disability perspective in fulfilling the IHL obligation to reduce and address violations of humanitarian law. [ABSTRACT FROM AUTHOR]

In armed conflicts and crises, children with disabilities face serious threats to their lives and safety, including those related to their inability to flee attacks, risk of abandonment, lack of access to assistive devices, lack of access to basic services and denial of education as well as experiences of stigma, abuse, psychological harm and poverty. Children with disabilities experience multiple and intersecting forms of human rights violations based on their disability and age. Since 2015, Human Rights Watch has documented the impact of armed conflict on children with disabilities in Afghanistan, Cameroon, the Central African Republic, the Gaza Strip in the Occupied Palestinian Territory, South Sudan, Syria and Yemen. While international human rights specifically call for the protection of children with disabilities in situations of armed conflict, the United Nations, governments, parties to the conflict and humanitarian actors have long neglected their specific rights and needs. There is an urgent need for the United Nations and governments to increase efforts to protect children with disabilities as part of their international commitments to protect all children impacted by hostilities. Their attention and investment in those most at risk of violence during armed conflicts will in turn enhance protection measures for everyone. [ABSTRACT FROM AUTHOR]

A window into the history of international humanitarian law scholarship, the ICRC Library's collections capture over 150 years of debates and developments related to the branch of international law that protects those who do not, or no longer, take part in hostilities. Yet, among the 41,000 references in the Library's collections, only a handful of recent publications focus on how this protection applies to persons with disabilities. In this article, two ICRC reference librarians take stock of this gap in their collections and consider its implications. [ABSTRACT FROM AUTHOR]

This contribution analyses Article 12 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa (the Protocol). It examines the purpose, scope and contribution of this Article to the legal protection of persons with disabilities in armed conflict and its implementation. The analysis is divided into four parts. The first part will start by identifying and analysing the background to this provision, which provides specific protection to persons with disabilities in armed conflict. The second part will examine Article 12 in the light of other similar regional instruments and of the protection challenges that persons with disabilities face during conflict. This will highlight the specific nature of the Article's provisions, together with its shortcomings and its progressive aspects. Part three will look at the interaction between Article 12 and equivalent rules of international humanitarian law, and how Article 12 contributes to the development of legal protection for persons with disabilities in armed conflict. Finally, the fourth part will examine the challenges to the implementation of Article 12. It will also propose ways of overcoming those challenges and hence of enabling Article 12 to have its intended effect. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Yearbook of International Law is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Families often have particular vulnerabilities following armed conflict. As international humanitarian law focuses primarily on regulating the conduct of hostilities, its scope for addressing the vulnerability of families and other victims of armed conflict is, at present, conceptually and practically limited. A human security approach invites consideration of the shortcomings of existing legal frameworks in addressing vulnerability, and the development of such frameworks, in a manner that helps to build resilience and address threats. For families harmed during armed conflict, this means identifying features of the existing legal regime that operate in a manner that entrenches or fails to address their vulnerabilities, as well as structural challenges that hinder access to legal opportunities such as reparations. The article identifies several structural issues and features of the legal framework that overlook or entrench the vulnerability of families. Drawing on a human security approach, it suggests that supplementing the existing legal regime with a victim assistance framework could help to address the vulnerability of families and others harmed by armed conflict. [ABSTRACT FROM AUTHOR]

Both in its advisory and contentious jurisdiction, the International Court of Justice has made considerable contributions to the evolution and interpretation of international humanitarian law (IHL). The judgments and advisory opinions of the Court in various cases have also developed the regulation of armed conflicts by showing the interplay of other bodies of international law and have shaped the development of non-binding IHL norms. The purpose of this short article is to consider the role of the International Court of Justice in the development of IHL. [ABSTRACT FROM AUTHOR]

Peter Maurer served as President of the International Committee of the Red Cross (ICRC) from 2012 to 2022. During his time as President, Maurer prioritized strengthening humanitarian diplomacy, engaging States and other actors for the respect of international humanitarian law, and improving the humanitarian response through innovation and new partnerships. Meanwhile, he oversaw an historic budget increase and organizational expansion. Prior to his role at the ICRC, Mr Maurer served as Secretary of State for Foreign Affairs in Switzerland and headed the Swiss Department of Foreign Affairs. Earlier, Mr Maurer held various positions representing Switzerland at the United Nations (UN) in New York, including Ambassador and Permanent Representative of Switzerland to the UN, Chairman of the UN's Fifth Committee, and member of the UN Peacebuilding Commission. Mr Maurer had first joined the Swiss diplomatic service in 1987, through which he held various positions in Bern, Pretoria and New York. Maurer was born in Thun, Switzerland in 1956. He studied history and international law in Bern, where he also earned a doctorate. [ABSTRACT FROM AUTHOR]

Emily Crawford is an Associate Professor at the University of Sydney Law School, where she teaches and researches in international law, international humanitarian law and international criminal law. She has published widely in the field of international humanitarian law, including three monographs (The Treatment of Combatants and Insurgents under the Law of Armed Conflict (Oxford University Press, 2010), Identifying the Enemy: Civilian Participation in Hostilities (Oxford University Press, 2015) and Non-Binding Norms in International Humanitarian Law (Oxford University Press, 2021)), and a textbook (International Humanitarian Law (with Alison Pert, 2nd edition, Cambridge University Press, 2020)). She is an associate of the Sydney Centre for International Law, and a co-editor of the Journal of International Humanitarian Studies. [ABSTRACT FROM AUTHOR]

Military strategists have begun pivoting from a focus on counterterrorism, counter-insurgency and stability operations to potential peer and near-peer conflict. This shift has profound operational and tactical implications for how future wars will be fought, but equally, it will have a significant impact on how international humanitarian law (IHL) is understood and applied. This article considers the process by which the normative evolution of IHL will occur in response to a battlespace that looks different than it has for decades. To do so, the article introduces two concepts: "normative architecture" and "applied IHL". It argues that only by understanding the difference between these two concepts, and their relationship to each other, can States and others concerned with how IHL is developing in the face of future conflict positively affect that process. [ABSTRACT FROM AUTHOR]

This article takes a critical look at the development of international humanitarian law (IHL), from its early codification in the Hague and Geneva Conventions to the present day. It examines why and how IHL develops – through treaty, custom, interpretation and soft-law instruments, as well as the influence of jurisprudence and other branches of law. In doing so, it highlights some of the distinctive elements of IHL that set it apart from other bodies of law and explains how these elements influence IHL development. Turning to the present, it addresses some of the key arguments commonly heard against attempting any further development of IHL, by answering the following three key questions: Does IHL need to develop further? If so, how can this be achieved? And what are the prospects for such development in the near future? In answering these questions, the article argues that IHL will continue to develop in many ways, and that while the current environment does not appear propitious for new legally binding norms of IHL, they continue to be both necessary and possible. [ABSTRACT FROM AUTHOR]

Legal commentaries are a type of secondary source that provides clarity about the meaning of treaty provisions so they can be appropriately interpreted and applied by practitioners. Since 1870, the International Committee of the Red Cross (ICRC) has produced such commentaries on each successive international humanitarian law (IHL) treaty or update to an existing treaty. Over time, who drafts these commentaries and the methodology behind them has evolved, from early commentaries written by a single jurist who had participated in the drafting of the treaty to multi-authored works based on extensive research and the methodology found in the Vienna Convention on the Law of Treaties. The ICRC Commentaries have always been geared towards those tasked with applying IHL, but this audience has expanded over time, giving them a more global reach, and their reception has evolved accordingly. The most recent iteration of the ICRC Commentaries on the 1949 Geneva Conventions and their 1977 Additional Protocols is currently being produced, with some changes in methodology to guarantee that they remain a practical tool for the interpretation and application of those instruments. [ABSTRACT FROM AUTHOR]

What does Hinduism have to say about the rules of armed conflict? How might Hinduism enrich the modern global discourse on international humanitarian law (IHL)? What convergences might be found, and what areas of divergence? This paper examines and contextualizes the rules of armed conflict advocated in classical Hindu texts, especially in the epic Mahābhārata, where important norms of Hinduism are established. It also examines the other major epic, the Rāmāyaṇa, and the Dharmaśāstras (Law Codes), as well as the Arthaśāstra, which takes an alternative (realpolitik) approach. This paper focuses on conduct during armed conflict (jus in bello), now synonymous for many with IHL, rather than considerations leading up to war (jus ad bellum). The paper seeks to illuminate both convergences and divergences with IHL and highlight particular Hindu approaches on the righteous (dharmic) application of violence. Like IHL, classical Hinduism values (1) proportionality of force during armed engagement; (2) the minimization of human suffering during combat; (3) care for survivors of war; (4) immunity towards non-combatants, especially civilians; and (5) balancing military necessity with humanity. With respect to divergences, classical Hinduism extols non-violence in ways that critique even the warrior's duty to engage in righteous war (dharma yuddha). In contrast to IHL, the Hindu epics have some different limitations; for instance, they limit the right to combat to a particular caste, the kṣatriyas , though this concept could be modernized to mean uniformed personnel of the State. The epics also disavow certain practices that are legal under IHL, such as ambushes and surprise attacks against legitimate targets. The Hindu proportionality provision goes beyond IHL by prescribing that only warriors of the same type should fight. With its many deeply ethical considerations, Hinduism enriches modern IHL through its heightened emphasis on fair and humane conduct in battle and its call towards compassion on behalf of both combatants and non-combatants. [ABSTRACT FROM AUTHOR]

This article examines the authority of the 2005 International Committee of the Red Cross Study on Customary international humanitarian law within the international legal system by collecting and analysing citations to the Study in documents containing expressions of State positions, in the judgments of international and domestic courts and tribunals and in the outputs of other influential actors. Our analysis establishes that the Study is increasingly seen as a highly authoritative instrument, such that a particular proposition will be found to reflect customary international law simply on the basis that the Study says so. We argue that the Study's authority will likely only increase over time. [ABSTRACT FROM AUTHOR]

Over the last two decades, international humanitarian law (IHL) has seen a stalling with regard to States' willingness to adopt treaties or to be formally involved in the development of IHL. This raises the question of whether holding on to the doctrine of sources as laid down in Article 38 of the Statute of the International Court of Justice is the only way to meaningfully further develop IHL. Indeed, in recent years IHL instruments have often dispensed with certain formalities that are traditionally linked to (the formal sources of) international law; this phenomenon is also called "informal international law-making" (IIL). The present contribution will analyze IIL as an alternative way forward in light of the current "deadlock" caused by States' unwillingness to conclude new IHL treaties or to recognize customary IHL. In this article, we will investigate and assess the opportunities, shortcomings and pitfalls offered by informality by looking into examples of IIL within IHL. More concretely, we will look into State practice in relation to (1) the Safe Schools Declaration, (2) the Tallinn Manual and Tallinn Manual 2.0, and (3) the Montreux Document. Most importantly, our findings will assess whether IIL can overcome one of its alleged main disadvantages: its lack of effectiveness. [ABSTRACT FROM AUTHOR]

This article tries to imagine how the development of international humanitarian law (IHL) could continue despite current difficulties, increasing the ownership and contribution of States and armed groups in this process. After suggesting that some traditional assumptions about IHL may need to be abandoned, it tries to suggest a new way in which IHL rules could be developed, through States adopting together core obligations and principles and each State and armed group then specifying the details internally, but publicly. Finally, it stresses the importance and difficulties of involving non-State armed groups in this process. [ABSTRACT FROM AUTHOR]

The road towards effective implementation of international humanitarian law (IHL) is a continuous process where important milestones will be reached at each step. As part of such a process, national committees and similar entities on IHL have played a key driving role. As with most long-haul road trips, one tends to start with an idea of the roads that will be taken and what the end destination will look like. In this case, the common destination is better respect for IHL. While the destination never changes, the different roads to be travelled can multiply, creating new opportunities through events that arise, and actors encountered along the way. Likewise, when the first national IHL committees were formed in the 1970s to advise and assist their States on the domestic implementation of IHL, they undoubtedly followed different roadmaps from those followed today. As IHL has evolved to keep pace with new realities of warfare, so too has the work of national IHL committees. New treaties have been adopted, new interpretations have been agreed upon, requiring new domestic laws and measures. This article will begin by pinpointing where exactly the journey started for national IHL committees, highlighting that the creation of these bodies coincided with important developments across the international landscape which would come to reinforce domestic implementation of IHL. In the second section, the authors will provide a detailed mapping of the roads generally travelled by these entities, with the intention to showcase the multi-faceted nature of their work and the innumerable milestones achieved along the way. The final section will explore the material, political and structural road bumps which are slowing down the work of some national IHL committees and will provide recommendations on how these entities may overcome these hurdles. [ABSTRACT FROM AUTHOR]