Rules Of International Humanitarian Law Research Articles

Humanity on the final frontier: Challenges in applying international humanitarian law to modern military space operations

Abstract This article provides the personal perspectives of US military operational attorneys and analyzes three significant challenges in applying international humanitarian law (IHL) to modern military space operations: the lack of clear standards for assessing when IHL rules govern particular military activities in outer space; the challenges of effectively distinguishing between civilian objects and military objectives when targeting space systems; and the difficulties of applying IHL rules of proportionality when attacking space systems. To address these challenges, the article argues that States should take steps to develop non-binding norms for military space operations that contribute to broader understanding of States’ views on how IHL applies in space.

There and Back Again? Russia’s Quest for Regulating War in Cyberspace

The divergence between Russia and Western States on the question whether international humanitarian law (IHL) applies to cyber space is still omnipresent in the debates at the UN Open-ended Working Group. Russia has several times submitted a draft or a concept for a binding legal instrument; however, they have not included considerable suggestions on IHL. Furthermore, Russia is actively using cyber means in an aggressive war against Ukraine, which makes its calls sound hollow. How then can one explain Russia’s quest for a treaty for cyberspace, especially regarding IHL? This article aims to shed some light on this question in the broader context of Russian approaches to international law-making and its historic role in developing IHL rules.

فاعلية القانون الدولي الإنساني في تنظيم الحرب السيبرانية

Abstract Cyber ​​warfare is a natural consequence of the technological revolution of the 21st century, which has been a revolution without borders. Cyber ​​warfare poses an increasing threat to the civilian infrastructure of states before their military ones, such as the health care sector and electricity systems. These attacks cause damage that may even disrupt essential services. Although international humanitarian law does not specifically mention cyber-attacks, its principles can be applied to cyber warfare. Cyber ​​warfare is characterized by the lack of clear geographical boundaries and the difficulty of identifying the source of attacks, which complicates the process of conventional deterrence and makes it difficult to apply the rules of conventional warfare directly. Here, the international community must adapt and update the rules of international humanitarian law to include cyber-attacks more clearly, taking into account the unique characteristics of cyberspace. International cooperation and information exchange between states should also be strengthened to confront cyber threats. This cooperation should include improving the ability to detect attacks and developing integrated defense strategies. Keywords: International Humanitarian Law, Cyber Warfare, Cyber Attacks, International Cooperation, Critical Infrastructure.

Examining the Regulatory Frameworks Governing Prohibition of Torture in Warfare

The aim of the paper is to examine the regulatory frameworks governing the prohibitions of torture in warfare to determine their adequacy in protecting civilian populations against torture during armed hostilities. To address the threat posed by torture in warfare against the civilian populations, the regulatory frameworks on International Humanitarian Law (IHL), International Human Rights Law (IHRL) and International Criminal Law (ICL) are examined. It may be argued that although this regulatory framework is aimed at guaranteeing safety of the civilian populations in situations of armed hostilities but are not capable of dealing with the current challenges. The paper employs a doctrinal approach by identifying and analyzing the applicable rules of IHL, IHRL, and ICL. It demonstrates how these laws impact the basic rights of civilian populations during armed conflicts. The paper found that despite the performance of the Tribunals as regulatory measures, they are confronted with several challenges prosecution and enforcement of their decisions. The paper concludes with recommendations that are relevant to address the challenges in order to ensure that the various frameworks are effectively implemented by States to safeguard the civilian populations from acts of torture during armed hostilities.

Protection of ICRC’s Mandates in Non-International Armed Conflict: A case of States vis-à-vis Non-States Armed Groups

The International Committee of Red Cross (ICRC) focuses on giving effect the rules of International Humanitarian Law (IHL) and humanitarian principles generally. In its establishment, the ICRC was given promotive and protective mandates in both armed conflicts namely International Armed Conflicts (IAC) and Non-international Armed Conflicts (NIAC) however; mandates of ICRC in NIAC are much more limited compared to IAC. This means that, the rules of IHL governing NIAC do not provide explicitly the mandates of ICRC. Several states have developed anti-terrorism laws which aid them to fight against terrorism; these anti-terrorism laws developed by states refer NIAC as terrorism and thus, affect the mandates of ICRC during NIAC. States criminalize any organizations from providing any kind of assistance be it of humanitarian nature or not to the armed combatants during NIAC. These include armed combatants of the organized armed groups who are termed as the terrorists in case they are detained by the states armed forces. ICRC staff members have been facing difficulties in performing ICRC’s mandates over the civilians and combatants of the organized armed groups who are under urgent need of humanitarian assistance. States do not guarantee humanitarian activities by ICRC staff members to the so-called terrorists. As the result ICRC is facing accusations of being involved in terrorism. Therefore, in order to perform its mandates, ICRC needs legal access to interact by both State and Non-States Armed Groups (NSAG’s), for issuance of humanitarian assistance to the detained persons and protection of wounded and sick for their reliefs. The article carries with it a reformative agenda as far as mandates of ICRC in NIAC are concerned

Forced Returns and Fragile Lives: Strategies for Safeguarding Syrian Refugees and Ensuring Their Protection

Abstract The article discusses the deportation of Syrian refugees from Lebanon and Turkey between 2017 and 2024. It attempts to bring light on the experiences of these refugees facing forced returns, emphasising the human consequences and complicated causes underlying such actions. The purpose of this article is to raise awareness about the deportation of Syrian refugees and the urgent need for collective action to address this humanitarian disaster and preserve the lives of vulnerable individuals affected by forced repatriation. Using the descriptive analytical approach, this article investigates the legislative frameworks and international commitments that should safeguard refugees from forced repatriation. The Universal Declaration of Human Rights (udhr), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol and rules of International Humanitarian Law will be used as a standard for the definition and legal framework of refugee’s rights. The article dives into the obstacles that host countries confront, including as social, economic, and political pressures. It also emphasises the necessity of advocacy activities and protective measures to defend Syrian refugees’ rights and well-being. The findings of the article are expected to benefit Syrian refugees and raise awareness about their situation, which will contribute preserve their lives and well-being.

Crimes against Palestinian Civilians Under Zionist Occupation

Throughout its long history, humanity has coexisted with conflicts, power, influence, policies of violence and distress, bloodbaths, massacres, racial calamities and famines. Its present and future visions are still subject to horrors, hardships and tragedies. International humanitarian law has come to express these values in legal language that imposes the obligation on the States parties that make up these agreements. The basic rules and principles of this law have become a set of values accepted by the entire international community and to know that the civilian population is the first to be exposed in most cases to acts of aggression and violence. In different parts of the world, we are witnessing the process of ethnic cleansing, mass killings and atrocities committed against civilians and destroying their homes and property. This is what prompted the researcher to choose his research ( crimes committed against Palestinian civilians under the Zionist occupation) to answer many questions, including knowing who are civilians through the concept of crimes against civilians. The international trend of retaliation against civilians was rejected during the military operations. In the UN General Assembly resolution adopted in 1970, it is not permissible to retaliate against the civilian population, whether they are a group or individuals in armed conflicts. Civilians, in particular, within the framework of international humanitarian law, which is a newly established law that includes a set of international legal rules targeting situations of armed conflict and the protection of civilians suffering from the scourge of this conflict , and the subsequent military occupation. The rules of international humanitarian law are characterized by moral highness, as they codify the rules of morality that must prevail during armed conflict and military occupation

International Humanitarian Law and Business: Finding a Bridge

This article aims at analysing whether rules of international humanitarian law are applicable to business and if yes, to what extent. Additionally, the consequences for International Humanitarian Law (IHL) violations by companies are analysed. We highlight that enterprises, their personnel and property which are not directly linked to a conflict enjoy the protection under Geneva Conventions from deliberate or indiscriminate attacks, as well as from pillaging and violations of private property. However, keeping neutrality in armed conflicts is a difficult task for companies and there are different ways in which they can contribute to human rights violations and abuses as well as commit international crimes. In order to prevent such violations, companies should conduct hHRDD and comply with IHL rules. Non-compliance with them may lead to reputational and organisational risks for companies as well as bring companies to criminal and/or civil responsibility.

Protection of Civilians and Treatment of Prisoners during War are at Stake: A Comparative Study

The atrocities of Israel's aggression perpetrated from 07 October 2023 on the civilian population and the treatment of prisoners of war shocked the world. Western governments have encouraged Israel to continue its tyranny. Many other governments around the world preferred to remain silent despite the presence of International Humanitarian Law (IHL). This has led to a re-launch of the debate on the credibility of IHL and the positioning of International Islamic Humanitarian Law (IIHL) on the world stage. The aim of this study is therefore to compare IHL and IIHL, from a theoretical and practical point of view, in the field of the protection of civilians during war and the treatment of prisoners of war. To do this, we opted for a comparative approach between these two components, both conceptually and functionally. This approach focused, on the one hand, on the main sources of the Sharia, the Quran and the Sunnah, as well as on the opinions of Muslim scholars (ulamas), supported by concrete examples of the application of Islamic norms by the Prophet and the Rashidoun caliphs. On the other hand, it also examined all the conventions, treaties and other documents that constitute the sources of the IHL. From a theoretical point of view, the results showed that there are many similarities between the two laws. In practical terms, however, the IIHL stands out for its concrete form and effective application. These observations led us to recommend that the current world order be rethought in view of the juxtaposition of the IIHL and IHL rules.

The Effect of Russia's Invasion of Ukraine on Non-Human Animals: International Humanitarian Law Perspectives

AbstractSince Russia's full-scale aggression against Ukraine, there have been thousands of instances of civilian casualties, damage to the natural environment and cultural property, destruction of buildings and infrastructure, blockading of ports, siege, capturing installations containing dangerous forces, and other consequences that accompany hostilities. In addition to the fatalities related to humans (civilians and combatants alike) and their property or environment, the war in Ukraine has also accounted for non-human tolls – namely, the destruction of animals or damage to their habitats.The primary objective of this article is to study three patterns of animal suffering documented during Russia's invasion of Ukraine: (i) targeting zoos and killing zoo animals; (ii) extermination of the Black Sea dolphin population; and (iii) eating pigeons or other pets in besieged localities, and to analyse these patterns in the light of applicable rules of international humanitarian law (IHL).The idea of this research is to underline that war can have a significant effect on various categories of animals, and Russia's invasion of Ukraine is just another example of this. The article also discusses how, and the extent to which international law can provide protection for animals in armed conflict, and whether there are any gaps in the applicable IHL rules related to the protection of animals.

PROTECTION OF THE ENVIRONMENT UNDER OCСUPATION: SCOPE AND CONTENT OF LEGAL OBLIGATIONS OF THE OCCUPIER

The article is dedicated to the problem of the protection of the environment on occupied territories. Due to the fact that the law of occupation doesn’t contain legal rules establishing environmental obligations of the occupying power, the environment on the territories under its authority often becomes a victim of the overexploitation and destruction. At the same time, it is suggested that the current international law, in particular, international human rights law and international environmental law, can be used to fill gaps in the rules of international humanitarian law. Certainly, the scope and the content of occupier’s obligations will be different depending on the instruments applied for the protection of the environment. The author concludes that the occupying state may be bound by its own multilateral environmental agreements, multilateral environmental agreements of the state which territory is occupied or both groups of treaties. A case-by-case approach to environmental human rights protection can serve as a useful tool for the concretization of occupier’s environmental obligations.

The Conduct of Hostilities, Attack Effects, and Criminal Accountability

AbstractWar crimes related to the decision to carry out attacks during the conduct of hostilities are almost always defined in terms of conduct and not result (Article 8(2)(b) of the Rome Statute of the International Criminal Court). Yet it is common for critiques of such decisions to focus on attack results as proof of their alleged illegality. While such results are probative of compliance or non-compliance with international humanitarian law rules regulating the conduct of hostilities, they should rarely be indisputable. This article addresses the challenge of attaching probative value to attack results when assessing responsibility for alleged war crimes based on allegedly illicit attack decisions.

How is the term “armed conflict” defined in international humanitarian law?

International humanitarian law (IHL) applies to situations of armed conflict, a de facto state of hostilities dependent on neither a declaration nor recognition of the existence of “war” by its parties. In terms of its material scope, whether an armed conflict is an international armed conflict (IAC) or non-international armed conflict (NIAC) will largely determine which rules of IHL apply. Articles 2 and 3 common to the Geneva Conventions differentiate between the rules applicable to IACs and NIACs. However, the term “armed conflict” is defined in neither article. Far from being an oversight, the omission plays an important role in depoliticizing the application of the Conventions to the situations of violence for which they were conceived. Having learned from earlier reliance on notions such as “declarations of war”, the drafters’ choice of the notion of “armed conflict” ensured that the Conventions’ catalyst would never become a vestige of its time, but rather a concept meant to endure and, indeed, adapt in response to the changing environments for which the Conventions are needed. The application of IHL has since been predicated on a fact-based analysis rather than only the formal recognition by a belligerent that a state of war exists.

The effectiveness of the mechanisms for implementing the rules of international humanitarian law in Palestine

بعد إرساء قواعد القانون الدولي الإنساني واكتمالها، أصبح ما يُشغل أفكار وعقول الباحثين مدى فعالية تلك القواعد في الحد من الانتهاكات، والجرائم التي تحدث أثناء النزاعات المسلحة، وهل يمكن للآليات التي نصت عليها اتفاقيات القانون الدولي الإنساني أن تؤدي دوراً في تحقيق الفاعلية لأحكام هذا القانون. إن معرفة الآليات المتاحة لتنفيذ القانون الدولي الإنساني تعد من الضروريات في الوقت المعاصر لاسيما في ضوء المتغيرات، ومواطن الضعف فيها؛ بهدف التوصل الى معرفة الأسباب الحقيقية وراء استمرار الانتهاكات، فتنفيذ القانون الدولي الإنساني عملية تفترض وجود آليات عديدة تؤدي وظيفتها زمن السلم والحرب وحتى بعد نهاية النزاع. وقد كشفت نزاعات العصر الحديث عن عدم احترام الدول لأحكام القانون الدولي الإنساني، وأن القانون الدولي الإنساني يملك آليات عديدة تضمن تنفيذه على الصعيد الداخلي والدولي، إلا أن افتقار الدول المنخرطة بنزاع مسلح إلى الإرادة السياسية، والقدرة العملية على تحمل التزاماتها؛ أدى إلى عجز القانون الدولي الإنساني عن تحقيق أهدافه.

International Liability When Violating the Headquarters of Diplomatic Missions

The development of international relations has made most countries of the world rely on diplomatic representation in all its forms as a means of communication and protection of mutual interests. The diplomatic mission is the link between the governments of the countries that are working to achieve cooperation starting from the transfer of different opinions between countries and trying to overcome the difficulties that escape the entanglement Interests. The Diplomatic Mission has given its diplomatic and diplomatic functions to the diplomatic missions a special status, with full protection, so that it can play its role quietly away from all pressures, In the State which has adopted it. This reality is found in peacetime when States have ratified the Vienna Convention on Diplomatic Relations, 1961. In times of war, if we accept the severance of diplomatic relations because of a war between two countries exchanging diplomatic representation, States must apply the rules of international humanitarian law and consider diplomatic envoys among the civilians recognized by the Fourth Geneva Convention of 1949 as special protection against the enemy state, And the role and headquarters of diplomatic missions should be classified as civilian objects that should not be the target of military operations. To establish and maintain international protection for diplomatic missions and to establish mechanisms for this, namely, the establishment of international responsibility for the violation of the inviolability of the diplomatic envoy and the role of diplomatic missions, there is a tortious responsibility by the receiving State as it did not provide security for the diplomatic mission, Executive or judicial authority. The personal criminal responsibility of the President for his acts or those of his subordinates is also carried out If a serious violation of the Fourth Geneva Convention of 1949 is committed.

Mogućnost primene pravila međunarodnog humanitarnog prava na sajber rat

Cyber warfare represents a new form of conflict in today's world. Unlike earlier traditional armed conflicts, cyber warfare is different in terms of means, methods, techniques, and actors. Cyber warfare takes place in virtual space through the use of information and communication technologies. The actors may be states, but also individuals who can inflict significant damage on their opponents. The consequences of cyber attacks may not be immediately apparent, but can manifest much later. Similarly, the outcome of a cyber attack can be material damage or the loss of human life. Since cyber operations can take place not only during conflicts but also in peacetime, the concept of cyber aggression is often present. States are aware of the new cyber threats and are developing their defensive and offensive capabilities, adopting strategies and doctrines addressing these issues. However, there is no international agreement that regulates the open issues related to cyber warfare, as there is no consensus among states on how to regulate it. There are attempts to apply the rules of international humanitarian law that govern armed conflicts to the realm of cyber warfare. Consensus within the international community has not been reached, leaving this area unregulated. The paper aims to examine the possibility of applying the rules of international humanitarian law, specifically the rules governing the right to use force in international relations (jus ad bellum) and the rules governing the conduct of parties in conflict (jus in bello), to cyber warfare.

The 2003 Intangible Cultural Heritage Convention in Armed Conflict: An integrated reading of obligations towards culture in conflict

Abstract International law today recognizes that cultural heritage includes not only tangible but also intangible cultural heritage, encompassing traditions, customs, practices, and beliefs. While protections for tangible cultural heritage have existed since at least the nineteenth century, only relatively recently has the law gone beyond piecemeal human rights protections and extended direct and specific treaty protections to intangible cultural heritage through the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. The push for this Convention was linked with broader discontent within the Global south at the prioritization of Eurocentric ‘monumentalism’ in international cultural heritage law. Nevertheless, in situations of armed conflict, the emphasis reverts to protection of tangible cultural heritage as international humanitarian law does not go beyond general civilian protections to directly address the protection of intangible cultural heritage in conflict. While the 2003 Convention provides for emergency assistance, its broadly-worded terms do not indicate the shape its other obligations would take in armed conflict or the manner in which they would interact with rules governing the conduct of hostilities. This article examines, first, the degree and extent to which the 2003 Convention’s various obligations in relation to safeguarding intangible cultural heritage circumvent de-prioritization and continue to apply in conflict; and second, the manner in which they can be integrated with rules of international humanitarian law to better protect intangible cultural heritage during active hostilities.

International Humanitarian Law and the Use of Starvation as a Method of Warfare: Positive Duties on the Parties to the Conflict

Starvation is one of the numerous humanitarian consequences following armed conflicts as a result of the obstruction in the chain of production and distribution. However, the situation becomes worrisome when starvation isemployed by the parties to a conflict as a method of warfare. This trend was obvious in a number of contemporary armed conflicts such as Russia-Ukraine war, Syrian war, Ethiopia-Tigray war, and Yemeni war, to mention but a few. These were all characterized by the destruction of objects indispensable to the survival of the civilian population and in some casethe obstruction of humanitarian access to civilians in need of humanitarian assistance. Against this background, the paper focuses on examining the rules of International Humanitarian Law regulating the use of starvation as a method of warfare, with a view to identifying the positive obligation of the parties to conflict towards strengthening these rules. The study adopted the traditional doctrinal method of legal research combined with qualitative approach. It is the finding of this paper that deliberate attacks against objects indispensable to the survival of the civilian population; and the obstruction of humanitarian access to civilians in need of humanitarian assistance are the major ways through which civilians are starved in situations of armed conflicts. To tackle this problem, the paper recommended among other things, the use of the distinctive emblems to enhance the distinction between civilian objectives and military objectives; and the facilitation of the passage relief materials particularly foodstuff for civilians in need of humanitarian assistance.

Reinterpretation (Translation) of the Customary Rules of International Humanitarian Law by the International Committee of the Red Cross to Turkish

Uluslararası Kızılhaç Komitesi’nin uluslararası insancıl hukukun örf ve adet hukuku kurallarının neler olduğunu ve kuralların gerekçelerini açıklayan çalışması, bunlara paralel olarak, yayınlandığı günden bu yana hem hukukun ne olduğunu bildiren hem de yerine göre hukukun nasıl gelişebileceğine işaret eden benzersiz bir işlev görüyor. Bu benzersiz işleve karşılık olarak çalışmanın parçası olan Kuralların, aralarında Türkçesinin de bulunduğu farklı dillere çevrildiğini görüyoruz. Bu yazıda, Kuralların Türkçe çevirilerinde genel uluslararası hukuka, uluslararası insancıl hukuka ve Komite’ye yönelik olarak yaklaşımımız doğrultusunda, zaman içinde karşılaştığımız kusurları elden geldiğince gidermeye ve anılan çevirileri telif etmeye yönelik çabamızın ürünü olarak Kuralların yeniden yorumunu sunuyoruz. En aşağıda satırlarını okuyacağınız Türkçe’ye yeniden yorum (çeviri); bu çabamızın ürünü olarak, Türkiye’de nitelik ve nicelik olarak artış gösteren uluslararası hukuk ve uluslararası insancıl hukuk doktrinine katkı sağlamak amacı taşıyor. Buna bağlı olarak, aşağıda önce, benimsediğimiz yaklaşım somutlaştırılacak; ardından, izlediğimiz yöntemi ve yöntemin somut sonuçları ve son olarak da Kuralların Türkçe’ye yeniden yorum (çeviri) metni paylaşılacaktır.

Philosophy of correlation of international humanitarian law and international human rights law

The article is devoted to clarifying why in a given situation it is necessary to apply the rules of international humanitarian law, which has lex specialis in relation to international human rights law. At the same time, an important task of the work is to analyze the parallel application of these branches of international law. Thus, it is determined that while the IHRL is a universal branch in the protection of human rights, the norms of international humanitarian law are applied exclusively in moments of armed conflict, but in case of contradiction of some provisions to others, here we are already talking about the aforementioned lex specialis and the preemptive right to apply the norms of IHL. Thus, the main purpose of the article is the question of determining the correlation between IHL and IHRL in the context of protection of persons during armed conflict.In the course of writing scientific work, I used the theoretical method in the form of analysis and synthesis, deduction and induction, as well as the historical method by which I was able to conduct a study of the chosen topic on a historical basis, and formally logical, which contributed to the implementation of research and the formation of conclusions based on a logical combination of theoretical material and practical aspects and, as a result, the formation of a single comprehensive conclusion on the questions that arose during the study of the topic I chose.Results. Armed conflict is an important area that has a devastating impact on all spheres of life, and especially on human rights, because they are the most threatened during the conduct of hostilities.This is what necessitates an in-depth analysis of the correlation between international humanitarian law and international human rights law.Conclusions. The article provides an analysis of the impact of armed conflicts on the relationship between international humanitarian law and international human rights law. These two branches of international law seem complementary, but the IHRL is more universal and applicable at any time, while IHL takes place only in the presence of armed conflict. At the same time, it is important to apply the principle of lex specialis, which has international humanitarian law, if both IHL and IHRL apply.