Rules Of International Humanitarian Law Research Articles

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.

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.

International Mechanisms for Implementing the Rules of International Humanitarian Law

After establishing and completing the rules of the international humanitarian law, what occupies the thoughts and minds of the researchers has become the effectiveness of those legal rules because the international community has created the International Humanitarian Law to decrease the agony and misery of war and to deter anyone who may violate these rules. Without a mechanism of implementation, the international humanitarian law becomes mere ideal expression of ideas, and to activate its, there must be some mechanism to be implemented and to be respected. The mechanism could be supervisory, monitoring, or preventive or even judicial to implement the rules of the international humanitarian law in case of violation of these rules especially with regard to the protection of civilians and spreading the rules of the international humanitarian law.
 Despite the existence of the comprehensive and detailed international humanitarian law which are highly approved and agreed upon as a complete system of protection but it is unfortunately accompanied by a general tendency towards ignoring and disobeying them.

YAPAY ZEKANIN KULLANILDIĞI SİLAHLI ÇATIŞMALARDA ANLAMLI İNSAN KONTROLÜNÜN BİR ULUSLARARASI HUKUK NORMU OLARAK KABULÜ ÜZERİNE BİR DEĞERLENDİRME

One major area of concern in relation to the use of autonomous weapon systems is that it involves humans giving some, if not all, control over a weapon system to a form of computer. This idea relates to the concerns that a computer’s ability to autonomously operate weapon systems puts the control of these systems beyond the bounds of the armed forces. This article examines the role that the concept of meaningful human control plays in the ongoing discourse, describes current perspectives of what meaningful human control entails, and reviews its value in the context of the analysis of AWS presented in this article. Within this article, as is the case in the wider debate, the term meaningful human control is used to describe a quality that is perceived to be essential for a given attack to be considered to be compliant with international humanitarian law rules. It does not denote a specific class of weapon systems that permit or require a minimum level of human control; rather, it infers that a weapon that is used in an attack that is legally compliant with international humanitarian law rules would essentially incorporate a meaningful level of human control.

Penggunaan Cyber Warfare dalam Konflik Bersenjata Internasional Antara Rusia-Ukraina Menurut Hukum Humaniter Internasional

Today's the advancements of technology have an impact on many aspects of life, including health, education, transportation, business, information communication, and government administration. Nonetheless, given the strong relationship between technology and the military, technology advancements could lead to a war. The sheer proliferation of technologies implemented in military operations spawned technology-based warfare called cyber warfare. Cyber warfare refers to wars carried out through the virtual world and is coordinated with conventional warfare. In cyber warfare, opposing countries perform cyber operations through cyberspace as the latest weapon of warfare launched to destabilize the national security and stability of the target state. The current cyber warfare is in the international armed conflict between Russia and Ukraine. This article analyses the deployment of cyber warfare in international armed conflict from the international humanitarian law perspective, and it also investigates Russia's use of cyber warfare against Ukraine. The purpose of this article is to understand how international humanitarian law rules the use of cyber warfare in international armed conflicts, in addition to the way Russia employs cyber warfare against Ukraine. This article is normative law research which uses the statute approach with juridical-normative research method. The findings found that cyber warfare carried out within the framework of international armed conflict is subject to international humanitarian law and that its use is also restricted by the fundamental principles of international humanitarian law. The research also found that Russia's cyber warfare against Ukraine in an international armed conflict is against the principles of differentiation and proportionality.

The surge of spreading harmful information through digital technologies: a distressing reality in complex humanitarian emergencies

The surge of spreading harmful information through digital technologies: a distressing reality in complex humanitarian emergencies

Will the centre hold? Countering the erosion of the principle of distinction on the digital battlefield

AbstractThis 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.

Model of a military autonomous device following International Humanitarian Law

In this paper we introduce a computational control framework that can keep AI-driven military autonomous devices operating within the boundaries set by applicable rules of International Humanitarian Law (IHL) related to targeting. We discuss the necessary legal tests and variables, and introduce the structure of a hypothetical IHL-compliant targeting system.

The Legal Protection of Freshwater Resources and Related Installations during Warfare

Abstract Armed conflicts have an impact on freshwater resources and often damage water installations, which could be targeted or incidentally damaged, affecting water quality and quantity and limiting access for the civilian population. Thus, in situations of armed conflict, protecting freshwater resources and related installations becomes essential. International humanitarian law (IHL) and international environmental law (IEL) provide for relevant rules that limit the impact of armed conflicts on freshwater and water infrastructure. IHL protects civilian objects, objects indispensable to the survival of the civilian population, works and installations containing dangerous forces and the natural environment. It also prohibits employing poison or poisonous weapons and environmental modification techniques. IEL regulates the sustainable and environmentally sound use, development and management of water resources. Progress in the realm of the human right to water and the rise of environmental consciousness further necessitate an eco-friendly approach that recognizes comprehensive protection. Therefore, this article examines the interplay between IEL and IHL, explaining how IEL can contribute to the interpretation of IHL rules and exploring areas where IEL could complement IHL rules relevant to the protection of freshwater resources and related installations during warfare.

Humanitarianism and affect-based education: Emotional experiences at the Jean-Pictet Competition

AbstractFor 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.

Evolving Roles of the International Institutions in the Implementation Mechanisms of the Rules of International Humanitarian Law

The dire need to expand the frontiers of the enforcement mechanism of the rules of international humanitarian law through the international institutions has been of a global concern for ages. Driven primarily by efforts to enforced and promote the rules of international humanitarian law, there is a need to develop measures capable of promoting the rules of international humanitarian law through the international institutions. The objective of this paper is to analyze and establish that expanding the frontiers of the enforcement mechanism of the rules of international humanitarian law through the international institutions bothering on individual or state responsibility will further strengthen the low level of enforcement of these rules. However, this paper noted that there is a significant enforcement gap both at the regional and international levels. Further, this paper argues that in order to guarantee a high level of enforcement of these rules both at the regional and universal levels, a more integral approach on the role of international institutions is capable of addressing the enforcement gap of the rules of international humanitarian law. This paper adopts a diagnostic approach based on a review of literatures, which is achieved by synthesis of ideas. This paper concludes with recommendations among others that in order to boast the purpose for which the rules of international humanitarian law were made, the level of enforcement of these rules should be expanded to fill the enforcement gaps at the domestic, regional and universal levels.

Transformation of the legal system in a time of war: international, administrative, and criminal aspects

The authors of the article discuss international humanitarian law (IHL) as a normative mechanism for the protection and defense of victims of armed conflicts. The problems of IHL due to the loss of effectiveness of international legal regulation are pointed out. The aim of the article is a broad theoretical-legal and international-practical analysis of the transformations of the legal system under conditions of war. The basis of this scientific search was a system of methodology, which includes a complex of three levels of philosophical, general scientific and specifically scientific methods and a group of approaches, conditioned by the subject of the research. As a result of the analysis, it was shown that the current system of international legal regulation has significant drawbacks. The most significant of them is the declarative character of the rules, caused by the absence of an effective system of accountability and the failure to update the doctrine of IHL rules in the light of new challenges and transformations of the political and social reality. In addition, the analysis of the organizational and administrative problems of the regulation of the law of war indicated that the institutional guarantees in a military conflict also need revision.

Using International Environmental Law to Enhance Biodiversity and Nature Conservation During Armed Conflict

Abstract Biodiversity and nature are severely impacted by armed conflict, particularly those fought in biodiversity-rich environments. Whether harm is caused directly by bullets and bombs, through the seepage of toxic chemicals into rivers and soils, the ground-churning tracks of tanks, or the ‘conservation vacuum’ the result is often the same — severe, possibly permanent, ecological change. International humanitarian law (IHL) has consistently come up short in delivering environmental protection on the battlefield. Can international environmental law (IEL) fare any better? The International Law Commission (ILC) and the International Committee of the Red Cross (ICRC) have both submitted major new guidelines in the last two years, following more than a decade of in-depth analysis of the IHL rules governing protection of the environment in relation to armed conflict. However, neither body was able to analyse the applicability of IEL obligations during armed conflict. Several authors have more recently entered this space, but none have so far undertaken a rule-by-rule analysis and spanning such a range of treaties. This article assesses the potential of the main biodiversity and nature conservation treaties to offer further environmental protection during armed conflict. Identifying complementary IEL obligations, particularly in relation to the conduct of hostilities, could be valuable to both mirror and reinforce IHL protections, and would ensure that IEL treaty bodies and third states have a basis upon which to promote conservation work with the parties to the conflict.

International Humanitarian Law and the Conduct of Cyber Hostilities: Quo Vadis?

Abstract War and international humanitarian law (IHL) exist and evolve in a synergistic relationship. On the one hand, treaty and customary law norms can proactively shape warfare. But on the other, changes in the nature of warfare often determine IHL’s path forward, for if IHL is to remain effective, it must remain responsive to the context in which it is to be applied. This article offers tentative reflections on how future conflict may affect the evolution of IHL’s conduct of hostilities rules as applied to ‘cyber capabilities’. It concludes that current and future cyber capabilities and vulnerabilities are driving the positions of States and the wider international community regarding cyber operations during armed conflict. In particular, it predicts movement in the direction of interpreting IHL rules restrictively, that is, in a manner that provides enhanced protection for the civilian population, sometimes at the expense of military advantage.

Accounting for disability in international humanitarian law

AbstractThe 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.

Article 12 of the Protocol on the Rights of Persons with Disabilities in Africa: A critical analysis

AbstractThis 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.