Humanitarian Norms Research Articles

Confronting Rifles with Words: The High Islamic Council of Mali and Non-State Armed Groups

Abstract Since the 2012 Tuareg rebellion and the takeover of large areas in the north of Mali by Islamic fundamentalist groups, Muslim religious leaders in the country have spearheaded important negotiation initiatives under the auspices of the High Islamic Council of Mali (HCIM). On more than one occasion, these initiatives have led to the liberation of detainees or the possibility of humanitarian convoys reaching communities caught in the midst of the armed conflict. Why were these initiatives successful (or unsuccessful)? How did religious leaders convince non-state armed groups to adopt conduct that complies with basic humanitarian norms? Drawing on desk-based and fieldwork research conducted as part of the Generating Respect Project, this article seeks to answer these questions and to identify the endogenous and contextual factors that contributed to the successes of the HCIM and its negotiators.

Armed Groups, Religious Leaders, and Humanitarian Norms: A Case Study of Hayat Tahrir al-Sham in Syria and Ansar Allah in Yemen

Abstract As international humanitarian law (IHL) and international human rights law (IHRL) continue to be violated, engaging non-state armed groups (NSAGs) remains an arduous task for humanitarian workers. Among the novel approaches to promote and defend these legal regimes among NSAGs, growing attention is devoted to the roles that religious leaders might play in promoting behaviours in compliance with IHL and IHRL. This approach seems especially pertinent in the case of religiously driven NSAGs, such as Hayat Tahrir al-Sham (HTS) in north-west Syria and Ansar Allah in north Yemen. This article aims to provide valuable insight on the potential of humanitarian engagement with religious leaders in these contexts. It starts by exploring the relationship between religious leaders active in north-west Syria and north Yemen and HTS and Ansar Allah respectively. The analysis proceeds by exploring whether those relationships had an impact over the NSAGs’ compliance/non-compliance with IHL and IHRL. Finally, we engage in an explanatory effort to make sense of the similarities and differences identified in the influence that religious leaders exercise (or do not exercise) on HTS and Ansar Allah in matters of humanitarian norms compliance.

Through the Lens of the ICJ: Bridging the Gap between Human Rights and Humanitarian Norms in Global Child Soldiering

Recently in June 2022, the United Nations Special Representative of the Secretary-General for Children and Armed Conflict expressed that the ongoing use and recruitment of children in armed conflict globally warrants "international concern". Notwithstanding the existence of proscriptive norms in terms of international humanitarian law (IHL) and international human rights law (IHRL), international legal violations are nevertheless committed by states and non-state actors. A systematic analysis of the respective normative systems identifies a lacuna between specific provisions thereof. Consequently, violations are committed in armed conflicts for the purposes of IHRL but not IHL, it is contended that this inconsistency in the law perpetuates ongoing child soldiering. It is further contended that this inconsistency establishes a genus of children who are legally unprotected as they fall between the cracks of international law. Based on recent progressive jurisprudence of the International Court of Justice, an approach which will bridge the lacuna between these norms is proposed. Contrary to the view of the International Committee of the Red Cross and with due consideration for the lex specialis principle, it is proposed that the IHL and IHRL instruments should apply in a complementary fashion, as opposed to the separate legal regimes under which they have developed.

Non-Western Agency in Refugee Humanitarianism: Turkey and ‘Operation Provide Comfort’

Abstract The evolution of refugee humanitarianism is commonly studied in terms of critical junctures. One such historical moment is the creation of a ‘safe zone’ for Iraqi Kurdish refugees above the 36th parallel of Northern Iraq through the 1991 United Nations (UN) mission known as ‘Operation Provide Comfort.’ The UN intervention is widely accepted as a critical juncture because it marked the beginning of international humanitarianism's extra-territorial phase. ‘Operation Provide Comfort’ brought a paradigm shift in the management of displaced populations by means of introducing “preventive protection” as a novel approach combining protection with control as the idea is to keep refugees in their own countries and offer them help without the need to cross an international border. The standard narrative underlines Western historical priority by attributing the preventive protection to a single source of ideas and processes stemming from the West. Drawing on postcolonial research, this paper argues for recognizing the agency of the non-West in the formulation and execution of the safe haven concept as a historical milestone. More specifically, it demonstrates the pioneering role that Turkey played through international debates and diplomatic action, which culminated into the new episode of refugee humanitarianism. The findings also invite us to revisit current explanations of the evolution of international humanitarian norms by showing the entanglement of refugee protection on the one hand, and domestic and regional questions of ethnicity and counter-insurgency on the other.

Humanitarian Values in Bali Community: Study Report

Purpose: The goal of the research is to better comprehend and contrast traditional Balinese values with global humanitarian norms by examining their compliance with universal principles of humanity. Theoretical reference: Drawing upon a normative qualitative approach, this study delves into Balinese legal systems, norms, and traditions, supplemented by interviews and literature review. Method: Using a normative qualitative methodology, the study examines Balinese legal systems, norms, and traditions in addition to conducting interviews and reviewing relevant literature. Results and Conclusion: The findings show that a number of traditional Balinese values are consistent with the universals of humanity. Balinese people appreciate each person's physical and mental integrity and place a strong emphasis on treating them with respect and assertiveness. Sexual integrity is protected by harshly denouncing deplorable behaviors such as rape and incest. Ensuring the safety of children requires access to education, community assistance, and parental care. Health facilities are preserved and humane treatment is ensured for the ill and injured via the provision of care and respect. Implications of research: These results provide light on the rich humanitarian history of Balinese culture and offer guidance for upholding and advancing universal ideals in local communities. Originality/value: This study underscores the importance of recognizing and honoring traditional values to foster peaceful and inclusive communities, support international human rights initiatives, and preserve cultural heritage.

Can Military Become an Accountable Humanitarian Actor?: Perception of Humanitarian Norms and Modus Operandi of the ROK Army and Japan Self Defense Force

Purpose: The study aims to investigate the extent to which these military entities, the ROK Army (ROKA) and the Japan Self Defense Forces (JSDF) perceive humanitarian norms and operational guidelines as accountable humanitarian actors.
 Originality: Given that the role of military in offshore humanitarian action has become both prominent and complex, understanding the sensitization of these organizations to key humanitarian principles is a critical facet of assessing their capacity to engage in relief operations in an ethical and legitimate manner.
 Methodology: The survey with structured questionnaires was administered to 104 officers from the ROKA and 101 veteran officers from the JSDF including focus group interviews. Independent sample t-tests were conducted to identify differences in perceptions between the two groups, utilizing SPSS 25 as the analytical tool.
 Result: Both the ROKA and the JSDF demonstrated a relatively high level of awareness and commitment to humanitarian principles, though variations in perception were observed. Notably, differences emerged in their perceptions of guidelines for the use of military assets in humanitarian operations, with the ROKA exhibiting a comparatively higher level of perception in certain areas. The JSDF, on the other hand, showed higher levels of perception regarding the impacts of complex humanitarian emergencies, particularly natural disasters.
 Conclusions and Implication: These findings underscore the need for tailored training of humanitarian action, and transparent communication and coordination strategies with civilian agencies to enhance their effectiveness in addressing humanitarian crises in fragile contexts.

Responsibility for violations of international humanitarian law

The article examines an important aspect of international law, namely responsibility for violations of international humanitarian law (IHL) during war, and examines forms of responsibility such as individual, collective, and state responsibility for violations of humanitarian norms. The importance of ensuring compliance with IHL and holding individuals, organizations and states accountable for serious violations such as crimes against humanity, war crimes, genocide and aggression was emphasized. It was determined that responsibility for violations of international humanitarian law is aimed at preventing similar violations in the future and restoring violated humanitarian norms and human rights. Emphasis is placed on the important role of responsibility for violations of IHL in maintaining global peace, security and protection of vulnerable groups in conflict.

Secular-Religious Dynamics and their Effect on Humanitarian Norms Compliance

Abstract We propose a more nuanced examination of the powerful forces that play a role in shaping the view shared by many international humanitarians that religions have a predominantly negative influence. First, we examine the role of secularist underpinnings of humanitarian discourse in shaping secular-religious dynamics in the humanitarian sphere, and the intersection of this with other forces of power. We argue that analyses of secular-religious dynamics are essential to understanding the roles of and attitudes towards faith actors in humanitarian norms compliance as well as the actions and reactions of faith and humanitarian actors. Theoretically, we ground the article in an analysis of secular perspectives towards impartiality and neutrality, the observation of which is meant to secure humanitarian space. Interrogating secular perspectives on humanitarian action helps demonstrate how impartiality and neutrality can be used as reasons to avoid engagement with faith actors. A secular approach to humanitarian action tolerates religion with boundary-creation around what is permitted from faith actors, applying a reductive ‘good’/‘bad’ binary. We then examine the experiences of local faith actors (LFAs) in South Sudan in interaction with international humanitarians with respect to humanitarian principles. These examples demonstrate how LFAs comply with humanitarian principles and view this as part and parcel of their commitment to the values of their faith tradition. They also show how LFAs create space for humanitarian norms compliance of other actors through their peacebuilding work and have been relied upon to access parts of the country that are inaccessible to international humanitarians due to safety concerns.

JUST ANOTHER CIVIL WAR?

When do Western powers intervene militarily on behalf of suffering strangers? Political elites’ perceptions of international conflicts may alter options for third-party management. Examining the precedent-setting case of the Kosovo Crisis via multi-language fieldwork, NATO archives, and content analysis, I discuss how Kosovo moved from the periphery of Western attention to becoming the litmus test of the Western security response. Contrary to literature that focuses on humanitarian norms or geopolitical interests as drivers of this NATO intervention, I argue that the Kosovo Crisis “earned” a humanitarian military intervention due to shifting favorable conflict perceptions, which encouraged Western institutional involvement. Such interactions between perceptions and intervention may apply to other global crises.

Global Citizenship Education: A New Approach to Global Citizenship Development

Global citizenship education is a type of civic learning in which students take part in projects that deal with social, political, economic, or environmental problems that affect the whole world. The goal of Global Citizenship Education (GCE) is to give people of all ages the tools they need to take part in building more peaceful, tolerant, inclusive, and safe societies, both locally and globally. As a basic need of citizens, global citizenship education is of paramount importance today. The purpose of the paper is to provide understanding related to global citizenship and global citizenship education. The data was collected using secondary sources such as journals, articles, web sources, etc. Researchers shed light on the major elements, dimensions, and themes of global citizenship education. The major themes of global citizenship education, such as peace education, human rights education, civic education, humanitarian norms, and the psychosocial dimensions of global citizenship, are discussed in this paper. In this paper, it is concluded that global citizenship education enables citizens to change the way they live and to adopt modern education for their betterment. Additionally, it changes their mentality towards different cultures of the world, bringing peace and harmony to the whole world. According to this study, teachers should be educated about global citizenship and provide global citizenship in all fields of education. The current government should provide facilities for Pakistani students in order for them to become global citizens.

Success Factors for Humanitarian Access: Quantitative Case Studies of ICRC Visits to Detainees

The importance of humanitarian access has been widely recognized by practitioners and scholars. Nevertheless, the factors behind its success have been not yet fully clear. This study, therefore, conducted a quantitative analysis of the International Committee of the Red Cross's (ICRC) access to detainees' visits to elucidate the success factors of humanitarian access. It analyzed a government's attributes that grant the ICRC access and engagements to soften the government's refusal of its access. The results revealed the following findings: (1) a government's capacity is required to an extent to keep public services in armed conflict; (2) material incentive (MI) in a government is working, and the ICRC assistance for civilians is effective; (3) conceptual incentive (CI) to seek the international legitimacy is irrelevant; (4) conceptual disincentive (CD) to avoid disclosure of the government's violation of humanitarian norms is working, and a high-level meeting with the ICRC is less likely to lessen the government's concern. These findings supplement insights of previous research on general humanitarian access in a quantitative way, implying the possibilities and the limits of humanitarian agency's engagements. Further research on various types of humanitarian success can clarify its success factors in a more specific way.

Abuse of Power by Government Applications on Government Policies During the Covid-19 Pandemic in Indonesia

In a democratic country, government power is obtained from the consent of the people, that the people are sovereign and give legitimacy to the power they want. The principle of popular sovereignty states that no individual, group of people or an elite has the right to determine and impose (demand with threats) how others should obey. Indonesia, which is led by a president and assisted by ministers, must be able to use the power and authority it has properly and responsibly. In government policies, there are moral rights and obligations of individuals aimed at the welfare of the wider community. Apparatus who have good morals will produce and implement policies with an orientation to the public interest. However, there are still government officials, including the Minister of the Second Advanced Indonesian Cabinet, who are considered to have abused their power with corruption that is not in accordance with legal, social, religious and humanitarian norms, even during the limited period due to the prolonged Covid-19 pandemic. That power can influence the actions of a government official towards policies that should be carried out properly, as well as the level of awareness of the individual if the power he has belongs to the people, not private property for the benefit of individuals or an elite group, so that public trust in the government can be well maintained.

Challenges to implementation of humanitarian access norms in the Sahel

AbstractWhile the rules of international humanitarian law (IHL) on humanitarian access are clear, implementing them at the national level can become challenging. To ensure full respect for those rules, States must strike a balance between preserving the security of the civilian population and humanitarian organizations and ensuring that people have access to goods and services that enable the full enjoyment of their rights. This article seeks to show how the IHL rules governing humanitarian access apply in the context of the Sahel region of Africa. First, it describes the multiplicity of armed actors that are present in the Sahel and the humanitarian situation in this region. Next, it addresses the legal framework applicable to humanitarian access under IHL applicable in non-international armed conflicts. The article then examines the measures that have been taken by the States of the Sahel to protect the civilian population and humanitarian organizations, such as the resort to declaration of states of emergency and to armed escorts. It is shown that these measures can hinder the delivery of impartial humanitarian assistance. Finally, the article describes some creative solutions that have been put forward by Sahelian States to facilitate humanitarian access. Examples of these include the creation of coordination mechanisms to foster dialogue on humanitarian access where all concerned actors are invited to participate; the adoption of domestic legal frameworks related to humanitarian access through which this access is proclaimed and its violation sanctioned; and the recognition of humanitarian exemptions in counterterrorism laws.

Towards a comprehensive security alliance: Evolving dynamics in the United States’ humanitarian assistance and disaster relief to the Philippines

The Philippines’ humanitarian norms and frameworks have evolved from focusing on humanitarian assistance and disaster relief to more pro-active disaster preparedness, enhancing community resilience and empowered participation of local and grassroots actors. The US-Philippines security alliance has evolved in line with these developments and needs to be understood more holistically and not be limited to providing humanitarian assistance and disaster relief through sending foreign military assets in times of disasters. This article argues that the non-traditional aspect of the US-Philippines bilateral alliance is not intended to underplay the role of the US military, but highlights the importance of the private sector, humanitarian NGOs, and the US Agency for International Development (USAID) in deepening and broadening the security alliance.

Intrinsic and Strategic Leverage of Religion in Development

Strategic religious engagement (SRE) is important for five main reasons: (a) the direct and significant contributions of religious actors to humanitarian assistance and development, not least their high levels of trust and access, and their distinctive contributions to spiritual care; (b) The local presence and knowledge of faith-based organizations (FBOs) and religious communities that are critical to self-reliance; (c) the significant if often complex relationships that FBOs and religious communities have with governments and other civil society actors; (d) the dual capacity of religious communities to amplify/ameliorate suffering and conflict; and, (e) the central roles of religions in shaping humanitarian norms and law.

Various Mechanisms for Implementing International Humanitarian Law

Although international humanitarian law has been constantly developed in the direction of strengthening the protection of victims of armed conflict after the two World Wars, one of the most important and difficult issues facing the international community to this day is to effectively secure the implementation of such developed international humanitarian law. To this end, the International Committee of the Red Cross has tried to enhance the effectiveness of the mechanism for securing the implementation of international humanitarian law until recently. Nevertheless, it remains one of the key challenges facing the international community. At the time of the outbreak of the Korean War, the four Geneva Conventions in 1949 had yet to take effect, so the major international humanitarian norms that South Korea and other belligerent parties had to comply with were only the Hague Regulation of 1907. In particular, the 3rd Geneva Convention of 1949, i.e. the Geneva Convention on the Treatment of Prisoners, was applied as a de facto guideline to the extent that the UN commander ordered to comply scrupulously , and later Korea ratified the four Geneva Conventions of 1949 as well as two additional protocols. In South Korea s security situation, which is still in a armistice and has to prepare for armed conflict, “the importance of exploring ways of enhancing and ensuring the effectiveness of mechanisms of compliance with international humanitarian law, with a view to strengthening legal protection for all victims of armed conflict” needs to be further emphasized. In order to secure the effectiveness of the mechanism for implementing international humanitarian law, multilateral efforts by a number of actors are required. However, for this, above all, the will of individual States, which are the original subjects of international law, is important. Until recently, discussions on how to improve the implementation of international humanitarian law have continued through intergovernmental procedures, but revising existing international humanitarian law more thoroughly or introducing a new implementation mechanism does not ensure its effectiveness. Rather, efforts by States to thoroughly comply with the existing mechanism of implementation of international humanitarian law, whether individually or collectively, should be preceded through more organized and diverse cooperation. This paper comprehensively summarizes the mechanisms for securing the implementation of the current international humanitarian law and examines the implementation of Korea in each mechanism. Such discussions will provide the theoretical basis necessary to make the most of and develop the existing international humanitarian law compliance mechanism.

HOW DOES BUDDHISM COMPARE WITH INTERNATIONAL HUMANITARIAN LAW, AND CAN IT CONTRIBUTE TO HUMANISING WAR?

ABSTRACT This article examines Buddhist teachings relevant to the regulation of war and compares them with international humanitarian law (IHL) and the just war tradition by which it has been informed. It argues that Buddhist ethics broadly align with IHL rules to minimise harm inflicted during war, and that Buddhism’s psychological resources can help support IHL to improve compliance with common humanitarian norms. Indeed, Buddhist mindfulness techniques can support even non-Buddhist combatants by enhancing their psychological resilience and capacity to fight with skill and restraint. While IHL is a legal regime that legitimises violence under certain conditions, and lays down clear universally ratified rules, Buddhism is primarily an ethical and psychological system that addresses the motivations and inner roots of behaviour and can be understood and interpreted in different ways. In this respect, Buddhism overlaps with the field of military ethics, and can contribute much to enhance military training. However, while the centrality of non-harming (ahiṃsā) to Buddhism dictates that extraordinary efforts should be made to prevent war or otherwise minimise the harm inflicted – thereby checking interpretations of IHL that are overly permissive – Buddhism’s consequent reluctance to legitimise and thereby institutionalise war, and the ambiguity of its teachings in this regard, have generally precluded it from developing clear just war guidelines for belligerents to follow, and Buddhist resources to improve the conduct of hostilities have remained largely untapped. Mainstream traditions of Buddhist ethics must also be distinguished from more esoteric and localised beliefs and practices, and from the lived Buddhisms with which most lay Buddhists are more familiar, which do not necessarily embody the same degree of restraint. Belligerents might therefore have different conceptions or expectations of Buddhism depending on their culture and particular circumstances, or be unclear about what it says on the conduct of war.

‘Losing Leverage’ in the Neighbourhood: A Cognitive Frame Analysis of the European Union Migration Policy

The European Union (EU)–Turkey deal consolidated a shift in the EU’s migration policy. The deal is the culmination of the dominance of the security frame and depicts the continuous externalization of the EU’s responsibility of asylum protection and burden sharing. The strengthening of the security frame has weakened the humanitarian norms that previously dictated EU’s behaviour. This has led to the EU losing some of its comparative advantages in negotiations. Simultaneously, the instrumentalization of the value of asylum, paired with an increased number of asylum seekers, has given negotiation leverage to the neighbouring countries turned service providers. These changes in perception and norms have created a power shift, at the disadvantage of the EU, creating a more leveled playing field for negotiations between the parties. This article tracks the historical shifts in the global refugee regime to explain how today’s situation was created. Hereby, the existence of two competing cognitive frames—humanitarian and security—is assumed, tracked and analysed. While looking at the EU–Turkey deal, the article shows that the EU has started treating refugees as a security problem rather than a humanitarian issue, breaking the normative fabric of the refugee regime in the process. The article also displays how Turkey was able to capitalise on this new reality and engage with negotiations of other neighbouring countries of EU that point towards a change of dynamics in the global refugee regime.

Competing authorities and norms of restraint: governing community-embedded armed groups in South Sudan

International humanitarian actors and academics continue to struggle to understand armed group conduct and how to restrain this conduct when it violates moral, legal and humanitarian norms. Armed g...

Humanitarianism, National Security, and the Rohingya Refugee Policy of Bangladesh

How do humanitarian norms and national security concerns shape a host state refugee policy? This article addresses this question in the context of Bangladesh, the largest host state in the world for Rohingya refugees. It argues that although the norms of humanitarian protection can explain why a host state would open its border to forced migrants and allow relief agencies access to the refugee camps, humanitarianism alone cannot explain the full gamut of a state’s refugee policy. Instead, a better and fuller account of the refugee policy would require understanding the national security concerns of the host state, and the process through which such concerns lead to restrictive policies. These competing theoretical explanations are tested in the context of the pre- and post-2017 Rohingya refugee influxes. Findings reveal how altruistic sentiments towards the Rohingya people have historically been overshadowed by denial of refugee status and restricted mobility in camp-based settlements, a recent relocation plan, and the search for repatriation to Myanmar as the most viable solution to the Rohingya refugee crisis.