Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article the author reviews written and customary norms laid (...) down in documents of various branches of international law, such as international humanitarian law, human rights law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection in times of internal armed conflict. This is to be done in order to gather information about the sufficiency of legal framework on preservation of the environment in times of noninternational armed conflicts. After doing this research, a few possible means to improve current legal framework are suggested. The author suggests to impose civil liability, enact new comprehensive document, initiate changes in international criminal law and other. (shrink)

My critical commentary focuses on Victor Tadros’ analysis of accountability for violations of the (revised) laws of armed conflict (LOAC) that he lays out (Tadr.

Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim that (...) the International Humanitarian Law may not apply to the new phenomena just because it is caused by the advanced technology. Even if the Geneva Conventions of 1949 are already sixty years old, the International Humanitarian Law in itself has at minimum customary response mechanism, granting, in a spirit of Marten’s clause, protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience (Protocol I). Notwithstanding, some more complicated fundamental issues also have to be addressed: how the use of cybernetic weapons and means may affect the classic notion of armed conflict? How it can be interpreted in the light of new technologies, i.e. can we still rely on a classic understanding of weapon’s kinetic effect as the main element, or shall we embrace effectsbased “Schmitt’s criteria”. If it so happens, will it make an act without apparent damage to a person/property equal to military hostilities, required by the armed conflict notion and justify the real-life response to it. The effective or overall control tests were used for the attribution of non-state actor’s activity to the state party of an armed conflict but these tests might not meet its purpose in the virtual battlefield of loose networks and open-source communities. If the concept of armed conflict is treated more flexibly, other changes (including issues of attribution) may follow, as well. Perhaps this is the way how the combatant institute will evolve. With classic combatant’s criteria impossible to apply on virtual battlefields, one of the options would be to elaborate concepts of “constant combat function” and “direct participation in hostilities” more precisely, as well as to reconsider state’s affiliation requirements. (shrink)

This book challenges the World Medical Associationâ (TM)s (WMA) International Code of Ethics statement in 2004, which declared that â ~medical ethics in armed conflict is identical to medical ethics in times of peaceâ (TM). This is achieved by examining the professional, ethical, and legal conflicts in British Military healthcare practice that occur in three distinct military environments. These are (i) the battlefield, (ii) the operational environment and (iii) the non-operational environment. As this conflict is exacerbated by (...) the need to achieve Operational Effectiveness, this book also explores the dual loyalty conflict that Military Health Care Professionals (MHCPs) encounter between following military orders and professional codes of practice. The method used to challenge the WMAâ (TM)s statement and explore these conflicts is the use of real-life problem-solving vignettes, which mirror actual ethical and professional conflicts and dilemmas that may occur in the three environments. The areas of law analysed similarly reflect the difficulties that MHCPs face when caring for the sick and wounded in violent locations when under attack. In particular, the book questions whether it is right for a MHCP to owe their patients a duty of care in hostile environments. This leads on to questioning if any MHCP could be protected by combat immunity where no duty of care is owed to fellow soldiers in the battlefield. The book also questions whether the standard of care should be variable in hostile environments. It also explores the dual loyalty conflict of a wounded senior officer refusing treatment from a junior officer. In addition, it examines the difficulties of a doctor maintaining patient confidentiality when a soldier refuses treatment for a psychological injury but wishes to redeploy to the battlefield. The book successfully challenges the WMAâ (TM)s statement. It also concludes by suggesting that neither a military-focused approach nor a professional healthcare-focused approach towards military healthcare is the best way to solve the dual loyalty conflict. (shrink)

Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. Do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is “yes.” Threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out in (...) Article 2[4] of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains underdeveloped in contemporary just war theory. This essay begins to fill that gap. I argue that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. I then provide an account and limited defense of the deterrence argument. I show that deterrence is morally justified in relatively few cases and examine two problems with the argument: deterrence failures and the level of uncertainty under which leaders who use deterrent force operate. I conclude that we should take seriously the possibility that nonintervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

This article discusses the significance of international borders in Europe and Northeast Asia during the Cold War (1945–1989) and after. Using the concept of ‘moral hazard’, the article examines what happens when great powers frequently violate the borders of neighboring countries without suffering adverse repercussions. Norms of sovereignty and territorial integrity are viable only if large countries are willing to uphold them most of the time. The Soviet Union used or threatened to use military force against East European countries on (...) numerous occasions (1953, 1956, 1968, and 1980–1981) with impunity. The Russian Federation adopted a broadly similar policy toward neighboring countries that had been republics of the Soviet Union until 1991. Russian forces in Georgia, Moldova, Tajikistan, Belarus, and Ukraine served as instruments of Russian hegemony in those countries. Until 2014, Western governments made little or no effort to deter or counter Russian military encroachments in neighboring republics. By the principle of moral hazard, leaders in the Kremlin came to believe that they could act with a free hand in the former USSR. (shrink)

This book explores topical issues in military ethics by according peace a central role within an interdisciplinary framework. Whilst war and peace have traditionally been viewed through the lens of philosophical enquiry, political issues and theological ideas - as well as common sense - have also influenced people's understanding of armed conflicts with regards to both the moral issues they raise and the policies and actions they require. Comprised of fourteen essays on the role and application of peace, the (...) book places emphasis on it's philosophical, moral, theological, technological, and practical implications. Starting with an overview of Kantian perspectives on peace, it moves to discussions of the Just War debates, religious conceptualizations of peace, and the role of peace in modern war technology and cyber-security. Finally concluding with discussions of the psychological and medical impacts of war and peace on both the individual and the larger society, this collection offers a contribution to the field and will be of interest to a wide audience. Chapters 4, 6 and 10 of this book are available open access under a CC BY 4.0 license at link.springer.com. (shrink)

Training on the Law of armed conflict employs different rationales to motivate soldiers and to induce their compliance with LOAC rules. Of these, none is as controversial, or as potentially...

After decades of armed conflict in Colombia, how do those most affected by that conflict understand forgiveness? While others have researched Colombians’ views of forgiveness, this study is the first to do so through discussion of a narrative of forgiveness. Readings of the biblical narrative chosen for this study, the Parable of the Unforgiving Debtor, can enable North Atlantic scholars to discover dimensions of the parable revealed by those who live lives that mirror the realities of the (...) parable, unlike such scholars. The study aims to understand how conflict survivors, especially internally displaced persons, understand forgiveness and its relation to politics. The study also aims to identify how these women and men read Matthew 18:21–35 differently from academics. Groups in eight locations around Colombia discussed Matthew 18:21–35. Researchers led lectura popular de la Biblia [people’s readings of the Bible], inviting participants to say how the parable related to their lives and to discuss the political consequences that would come from imitating characters in the parable. Conflict survivors said that forgiving was essential if their communities were going to be communities at all, especially communities at peace, offering freedom and economic opportunity. Unlike commentators, they read Matthew 18:21–35 as enjoining forgiveness towards those beyond their local church and for wrongs involving money and violence. As Colombian churches seek to counter resentment with forgiveness, they should be aware of the power of lectura popular, especially of this parable, to create a safe environment where conflict survivors can speak candidly. (shrink)

Armed conflict in Darfur, west Sudan since 2003 has led to the influx of about 100 international humanitarian UN and non-governmental organizations to help the affected population. Many of their humanitarian i...

More than a quarter of the global population of two billion children live in Islamic countries; therefore, their protection is vital while a handful of them are suffering from lack of hygiene, education, and poverty. The current armed conflict in different ways also has an effect and seriously impacts children as victims and associates in armed groups. Organization of Islamic Conference as a collective voice of its 57 members, initiated a series of efforts in this regard. Islamic (...) texts and traditions show significant importance for child protection, but what has been done until today by OIC as a main intergovernmental Organization guided by Islamic principles, values and norms, is not sufficient. Covenant on the Rights of the Child in Islam is the first human rights binding document adopted by OIC as part of consecutive efforts of OIC to promote protection of children. Although it is regarded as an important step, its adequacy for protection of children affected by armed conflicts is under question. Furthermore, in comparison to International Humanitarian Law and Convention on the Rights of the Child, it does not reflect proportionately and further provisions for children affected, with regard to the extent and the dimensions of conflicts in Islamic countries. (shrink)

Medical rules of eligibility permit severely injured Iraqi and Afghan nationals to receive care in Coalition medical facilities only if bed space is available and their injuries result directly from Coalition fire. The first rule favors Coalition soldiers over host-nation nationals and contradicts the principle of impartial, needs-based medical care. To justify preferential care for compatriots, wartime medicine invokes associative obligations of care that favor friends, family, and comrades-in-arms. Associative obligations have little place in peacetime medical care but significantly affect (...) wartime medicine. The second rule suggests liability for collateral harm that is unsupported by international law and military ethics. Absent liability, there are pragmatic reasons to offer medical care to injured local civilians if it quells resentment and cements support for Coalition forces. In contrast to peacetime medicine, military necessity and associative obligations outweigh distributive principles based on medical need during war. (shrink)

The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely (...) new paradigm of warfare. International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level. -/- A novel approach to the problem, of sub-national actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. (shrink)

Armed reprisals are the limited use of military force in response to unlawful actions perpetrated against states. Historically, reprisals provided a military remedy for states that had been wronged by another state without having to resort to all-out war in order to counter or deter such wrongful actions. While reprisals are broadly believed to have been outlawed by the UN Charter, states continue to routinely undertake such self-help measures. As part of the roundtable, “The Ethics of Limited Strikes,” this (...) essay examines the doctrine of armed reprisals in light of recent instances of states using force “short of war” in this manner. We argue that the ban on reprisals has been largely ignored by states, and that recent attempts to apply the laws of armed conflict to the cyber domain are further weakening this prohibition. We conclude that this is a potentially dangerous development that lowers the bar for resorting to military force, risking escalation and thereby further destabilizing the international system. (shrink)

Military affairs have been affected by major changes in the 19902. The bipolar world of two superpowers has gone. The Cold War and the global military confrontation that accompanied it have ended. A new military and political order has emerged, but the world has not become more stable, indeed, wars and armed conflict have become much more common. Forecasting the contours of future armed conflict is the primary object of this work. Focusing on the impact of (...) new technologies, General Gareev considers whether war is still a "continuation of politics by other means" or whether political, ideological and technical transformations have broken that connection. He explores the linkage beween threats to Russian national interests and war as an instrument of policy, and concludes that there is very little prospect either of nuclear war or widespread conventional war. However, he does see local armed conflicts and local wars increasing, with greater emphasis on subversion. He argues that coming decades wil see a shift toward reliance upon indirect means to accomplish limited political ends, and analyzes both information warfare and the revolution in military affairs from this perspective. (shrink)

As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and principled humanitarian (...) action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming. (shrink)

This essay contends that the ethics around the use of spy technology to gather intelligence (TECHINT) during espionage and counterintelligence operations is ambiguous. To build this argument, the essay critically scrutinizes Cécile Fabre's recent and excellent book Spying through a Glass Darkly, which argues that there are no ethical differences between the use of human intelligence (HUMINT) obtained from or by human assets and TECHINT in these operations. As the essay explains, Fabre arrives at this position by treating TECHINT as (...) a like-for-like replacement for HUMINT. The essay argues instead that TECHINT is unlikely to act as a like-for-like replacement for HUMINT. As such, TECHINT might transform existing practices of espionage and counterintelligence, giving rise to new ethical challenges not captured in Fabre's analysis. To illustrate the point, the essay builds an analogy between TECHINT and recent armed conflicts in which precision weapons have been deployed. Although precision weapons seem ethically desirable, their availability has created new practices of waging war that are ethically problematic. By analogy, TECHINT, though not intrinsically undesirable, has the capacity to generate new practices of intelligence gathering that are ethically problematic—potentially more than HUMINT. Ultimately, recent negative experiences with the use of precision weaponry should caution against an overly positive assessment of TECHINT's ethical desirability. (shrink)

The paper argues that in our usage of moral language we relate three concepts: guilt, forgiveness, and reconciliation. This assumes that we can distinguish between external actions and internal executions, because guilt as well as forgiveness and reconciliation are realities that first affect our inner humanity. When a relationship has been damaged by culpable actions (sometimes even by both sides), forgiveness is the precondition of reconciliation. As long as people accuse each other, there can be no talk of true (...) reconciliation. Although these are attitudes, that is, inner engagements, reconciliation also becomes outwardly recognizable as peace. However, these relationships can only be explained well in the connections of individual persons to each other. When political communities confront each other, our moral sense becomes fuzzy, because it is not so easy to say how such collectives (e.g., peoples) are to be determined in their inside and outside. Who can and may forgive, if other persons have become victims of culpable actions, but cannot forgive themselves? Here, then, the difficulty of individuality and collectivity is added. The essay pleads for maintaining the conceptual conjunction between individual and collective forgiveness. However, this should not be done at the price of a complete socio-ontological dissolution of collectives. Therefore, one must also be cautious about rash universalistic appropriation of the Other or the other group, because this is usually accompanied by a failure to recognize and endure the selfhood of the Other. Before it comes to a “false” reconciliation in this way, it is better to at least recognize each other – also in diversity. This should also be reflected in the rules of conflict, which must above all be oriented toward ensuring that conflicts are not carried out in such a way that the manner in which the conflict is carried out makes reconciliation impossible. But in both collective and individual reconciliation, the person does not have the outcome of the process entirely in his or her own hands. Reconciliation is not a technique, but a relational event that is carried out in an “open space.”. (shrink)

ABSTRACT In this paper, we will highlight the correspondences between the Socially Engaged Buddhism movement, especially as defined in the practice of the late Thich Nhat Hanh, and the core principles of humanity, impartiality, neutrality and independence originally adopted by the International Red Cross and Red Crescent Movement. These principles also underpin the neutral, impartial and independent approach to humanitarian action, used by agencies working under the auspices of the United Nations’ Inter-Agency Standing Committee and Office for the Coordination of (...) Humanitarian Affairs, along with those who have signed the Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental Organizations in Disaster Relief. We hope this paper is a modest but useful contribution to create better understanding and to generate dialogue among different stakeholders in the humanitarian field, particularly in the context of armed conflict. (shrink)

Armed conflict in Darfur, west Sudan since 2003 has led to the influx of about 100 international humanitarian UN and non-governmental organizations to help the affected population. Many of their humanitarian interventions included the collection of human personal data and/or biosamples, and these activities are often associated with ethical issues. A systematic review was conducted to assess the proportion of publicly available online reports of the research activities undertaken on humans in Darfur between 2004 and 2012 that mention (...) obtaining ethical approval and/or informed consent. This systematic review is based on a systematic literature search of Complex Emergency Database, ReliefWeb, PubMed), followed by a hand search for the hardcopies of the eligible reports archived in the Centre for Research on the Epidemiology of Disasters in Brussels. The online search showed that out of the 68 eligible studies, 13.2% reported gaining ethical approval and 42.6% that an informed consent was obtained from the participants. The CRED search included 138 eligible reports. None of these reports mentioned gaining ethical approval and 17 mentioned obtaining informed consent from their participants. The proportion of studies reporting ethical review and informed consent was smaller than might be expected, so we suggest five possible explanations for these findings. This review provides empirical evidence that can help in planning ethical conduct of research in humanitarian settings. (shrink)

Rational Sentimentalism develops a novel theory of the sentimental values. These values, which include the funny, the disgusting, and the shameful, are profoundly important because they set standards for emotional responses that are part of our shared human nature. Yet moral philosophers have neglected them relative to their prominence in human mental life. The theory is sentimentalist because it holds that these values are emotion-dependent—contrary to some prominent accounts of the funny and the disgusting. Its rational aspect arises from its (...) insistence that the shameful (e.g.) is not whatever elicits shame but what makes shame fitting. Shameful traits provide reasons to be ashamed that do not depend on whether one is disposed to be ashamed of them. Furthermore, these reasons to be ashamed issue in reasons to act as shame dictates: to conceal. Sentimentalism requires a compatible theory of emotion and emotional fittingness. The book explicates a motivational theory of emotion that explains the peculiarities of emotional motivation, as other theories cannot. It argues that a class of emotions are psychological kinds with the same goal across cultures, despite differences in their elicitors. It then develops an account of fittingness that helps to differentiate reasons of fit, which bear on the sentimental values, from other considerations for or against having an emotion. Some significant and controversial conclusions emerge from rational sentimentalism. The sentimental values conflict with one another, and with morality, but nevertheless provide practical reasons that apply to humans—though not to all rational agents. (shrink)

Colombia is the second country with the highest number of internally displaced persons. In the last 10 years, more than 400,000 young people carry, in their life experiences, the title of victims. The psychological and social circumstances that determine the lives of displaced young people in the world are not unknown. Fear, the poor resources for social adaptation available to them, and the possible reproduction of the cycle of violence, represent psychosocial risk factors in the young and displaced population. In (...) this context, the Victims Law in Colombia stipulated various measures of repairment, including Relocation and Return provided the conditions of voluntariness, security, and dignity are present. A hypothesis that well-being will be better in the returnees was set, since they would strengthen the social support networks between neighbors and other victims in their old spaces of life. To test the hypothesis, the scales of Psychological Well-being, Social Well-being, the Satisfaction with Life Scale, and the Psychosocial Trauma Scale were applied to young returnees and relocated in Colombia. The Exploratory and Confirmatory Factor Analysis was performed to extract the general measure of well-being and psychosocial trauma followed by the comparison between the groups. Significance, power, and effect size indicators were obtained, and finally, the partial correlation between the groups was made in relation to psychosocial trauma and well-being. Results showed that returnees have greater well-being and clearer indicators, with respect to that of relocated. In addition, the well-being of returnees has fewer trauma factors, who in turn are quasi-moderated by the situation of return or relocation. (shrink)

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. (shrink)

There is a general presumption against arming outlaw states. But can that presumption sometimes be overturned? The argument considered here maintains that outlaw states can have legitimate security interests and that transferring weapons to these states can be an appropriate way of promoting those interests. Weapons enable governments to engage in wrongful oppression and aggression, but they also enable them to fend off predators in a manner that can be beneficial to their citizens. It clearly does not follow from the (...) fact that a state is oppressive or aggressive that it will never be a victim of wrongful aggression itself, and while an outlaw state’s primary aim in repelling such aggression will often be the preservation of its own power, its defensive manoeuvres will sometimes also serve its citizens’ interests. In short, supplying weapons to outlaw states may sometimes contribute to the protection of innocents. (shrink)

This analysis investigates whether solidarity is an appropriate concept for thinking about justifications for a just distribution of bioethical goods in the international arena. This will be explored by looking at the national origins of the idea of justifying solidarity in the form of the health care that welfare states offer. Following that, ‘life’ and ‘health’ will be placed within a philosophical context by focusing on the main arguments of John Rawls and Amartya Sen and the role of solidarity in (...) these two theories of justice will be analysed. It will be shown that these theories assume that solidarity is not a prerequisite for just international structures. Finally, the possibility will be discussed, that there is a degree of uncertainty surrounding justifications for fair distribution in the international context that can result when the concepts of solidarity and justice are handled imprecisely. (shrink)

If efforts to deal comprehensively with the supply and demand factors fueling the trade in small arms and light weapons are sustained and expanded over the next decade, rampant small arms proliferation can be contained.

We model the evolution of international conflict as a game of sequential decisions and show that arms races are neither necessary nor sufficient for peace or war. Peaceful intentions are not adequate to insure peace, even when both rivals wish to avoid violence. Peaceful intentions together with complete information are sufficient for peace. A preference for forcefully pursuing foreign policy goals also is not sufficient to preclude the peaceful resolution of disputes, and this is true even if there is (...) complete information. In some circumstances, the absence of an arms race can precipitate violence, even giving the military advantage to a nation that unilaterlaly stopped getting ready for a war it would initiate. Finally, we also show that empirical research is likely to be biased in favor of the hypothesis that deterrence leads to peace. (shrink)

In this paper I explore the notion of collective moral responsibility as it pertains both to nation-states contemplating humanitarian armed intervention in international social conflicts, and as it pertains to social groups perpetrating human rights violations in such conflicts. I take the Rwandan genocide as illustrative of such conflicts and make use of it accordingly. I offer an individualist account of collective moral responsibility, according to which collective moral responsibility is a species of joint responsibility.

Once limited to issues in maritime and trade law, today the most recognizable examples of international law govern issues such as human rights, intellectual property, crimes against humanity and international armed conflicts. In many ways, this proliferation has been a welcomed development. However, when coupled with international law’s decentralized structure, this rapid proliferation has also posed problems for how we (and in particular judges) identify if, when, and where international law exists. This article puts forward a novel, dignity-based account (...) for how we answer this question: arguing that an international law exists if and only if it is consistent with respecting dignity. The upshot of this account is two-fold. First, it explains many features of international law that other theories leave unaccounted for or under-explained. And second, my dignity-based account provides for a mechanism through which the system can continue to be developed and improved. (shrink)

The rising and acceleration of the Shia armed group in Iraq, Syria, Yemen, and Lebanon require a deep understanding of the root of the multi-dimensional conflicts in the Middle East. An appropriate and sufficient approach to the research about these militias will be from an internal conflict rather than an external conflict. The legitimization for the existence of the majority of these militias if not all of them is to fight and struggle against an entity which (...) is the Sunni sect, in this case, that will assimilate them not integrate them peacefully. (shrink)

We model the evolution of international conflict as a game of sequential decisions and show that arms races are neither necessary nor sufficient for peace or war. Peaceful intentions are not adequate to insure peace, even when both rivals wish to avoid violence. Peaceful intentions together with complete information are sufficient for peace. A preference for forcefully pursuing foreign policy goals also is not sufficient to preclude the peaceful resolution of disputes, and this is true even if there is (...) complete information. In some circumstances, the absence of an arms race can precipitate violence, even giving the military advantage to a nation that unilaterally stopped getting ready for a war it would initiate. Finally, we also show that empirical research is likely to be biased in favor of the hypothesis that deterrence leads to peace. (shrink)

The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the (...) state became almost the only subject that was able to wage a full-scale war. Nevertheless, already in the middle of the XXth century mercenarism has been reborn in Africa’s colonial and post-colonial wars. The end of the XXth century and the beginning of the XXI century witnesses an enormous rise of private security and military companies (PSMC) that are hired to perform different functions related to use of force not only by states, but also by other clients such as international organisations, transnational corporations, etc. A PSMC may be defined as a profit-seeking private enterprise, which is established according to the national law of the state and which is providing, on the basis of a contract, services directly or indirectly connected with the use of military force or its institutions whether in time of armed conflict or peace, notwithstanding how such company describes itself. International humanitarian law has no specific regulation of PSMC. Nevertheless, it would be erroneous to state that the activity of PSMC is not regulated, because international humanitarian law in any case, in one or another way, is applicable to the personnel of PSMC if it is engaged in armed conflict of either international or non-international character. (shrink)

The theory of Yin and Yang and the Five Movements is based on the concept of cyclical time. This ancient cosmological model postulates that when expansive energy reaches its apex, mutual life-saving relations prevail over mutually conflictual societal relations, and that this cycle repeats. This cosmic change model was first presented in ancient Korea and China, by Hado-Nakseo, via numerological configurations and symbols. The Hado diagram was drawn by a Korean thinker, Bok-hui (?-BC3413), also known as Great Empeor Fuzi or (...) Fu-hsi in Chinese mythology. Confucius once recognized him as the father of I Ching (Book of Changes). The Eastern cosmology was further developed by King Wen and the Duke of Zhou and compiled by Confucius (BC551?-BC 479) during the Spring and Autumn Period and the Warring States Period. Nakseo diagram was first discovered by the famous King Wu of China, who founded the Xia dynasty. In contrast to the harmonious mathematical matrix of Hado, Nakseo symbolizes the conflictual and dynamic expansion of the universe. In the Nakseo world, masculine energy is structurally greater than feminine energy, continuously breeding disequilibrium and conflict. The Yin and Yang model suggests that everything in the universe exists as a combination of opposing dynamics. At any given time, one of the two dynamics grows while the other declines. When Yang energy is at its peak, Yin energy is at its nadir; then, a reversal occurs; and envetually the whole cycle repeats. It would thus be logical to express that when conflictual energy has reached its apex harmonious energy begins to wax. It can be argued that since the state of disequilibrium within the universe represented by Nakseo cannot indefinitely sustain its dynamic of expansion, harmonious international relationships eventually come to pervade the world. This argument represents a unique applicationof the concept of Yin and Yang logic to international arms race and arms control. This cyclical dynamics can explain the long-term process of arms build-up followed by eventually by nuclear standoff and subsequent nuclear arms control regimes as NPT, CTBT, MTCR, SALT, START, PSI and etc. One can boldly claim that Yin and Yang logic offers a clue to creating a theory of structural peace by discovering a constructivist element in the model. The esoteric matrixes of ancient Korea and China thus provide humanity with an new vision for nuclear disarmament and a sustainable peace. (shrink)

This volume provides a comprehensive analysis of the history, development and other legal aspects relating to International Medical Law and covers issues arising from not only the physician-patient relationship, but also with many wider juridical relations involved in the broader field of medical care in the international arena.00After a general introduction, the book examines the evolution of medical law in different civilizations that existed all over the world. It systematically describes the sources of this law from conventions, treaties along with (...) discussing the important role played by the courts, international institutions and other bodies related to the medical field. The comprehensive coverage includes public health law, international spread and prevention of diseases. This volume covers medical ethics and clinical ethics; considerations to facets of the medical professionals and patients relationship such as rights and responsibilities of the physicians, beneficence, consent, privacy, rights of patients and risk management. Also covered are issues of international concern like medical criminal activities, human and drug trafficking, trade in human organs, human medical research, as well as matters dealing with bio-technology in relation to bio-safety, bio-security, bio-genetics, bio-ethics, and the role of medical personnel in armed conflicts. (shrink)

The Democratic Republic of Congo has vast natural resources, many of which are regularly exploited by the electronics industry. Unfortunately, in addition to these resources, there are widespread human rights abuses committed by armed groups entrenched in the eastern part of the Democratic Republic of Congo. These armed groups are using profits from these minerals as a source of funding. Their human rights abuses have led to a growing humanitarian interest in the region and prompted the international community (...) to action. This paper explores the conflicts in the Democratic Republic of Congo, provides an understanding of the link between human rights abuses and conflict minerals, and interprets and critiques the legal actions of the international community. (shrink)

This chapter discusses the application of international humanitarian law (IHL) to EU military operations outside of the European Union (EU). It describes where the Union has performed best: promoting the development, acceptance, and respect of IHL by others. EU restrictive measures may be taken in its commercial policy, its foreign and security policy, and its development cooperation policy. A field in which the European Union may have a direct impact on violations of IHL is the export of arms. EU member (...) states continue to be involved in armed conflicts, but EU law did not govern their involvement. Therefore, the relationship between IHL and EU law is fortunately not (yet) an issue of daily concern for practitioners and EU institutions. In the instances in which the European Union has been a military actor abroad, IHL arguably did not apply because the Union had not become a party to an armed conflict. (shrink)

This paper argues that there is an urgent need for an international doctrine for cyberspace skirmishes before they escalate into conventional warfare.

The International Criminal Court (ICC) is responsible for prosecuting individuals for heinous crimes that take place during civil and/or international armed conflicts, including sexual violence. Prosecuting this crime relies primarily on survivor accounts, but witnesses often fear the psychological effects of giving such testimony, particularly because there is a high risk of retraumatization, a stigma associated with victimhood, and a fear of victim-blaming. Thus, the Court’s Victims and Witness Unit (VWU) puts forth provisions for questioning vulnerable witnesses, requiring, in (...) part, that questioners avoid embarrassing or offending witnesses. Using a discourse analytic approach, this paper examines transcripts from three recent ICC cases dealing with wartime sexual violence—_Bemba, Ongwen_, and _Katanga and Chui—_exploring the discursive strategies employed by prosecutors and defense attorneys in these trials as they navigate arguing their cases before the judges while also tailoring their questions to adhere to the VWU’s provisions. I show that adhering to the provisions often involves relying on euphemistic expressions to discuss rape—which enter the trial discourse through linguistic formulations and reformulations—even though these expressions reflect the language used to discuss consensual sex and not sexual violence. Thus, this method of adhering to the provisions can undermine the prosecution’s case while helping the defense’s. (shrink)

Even though International Humanitarian Law (IHL) is, strictly speaking, a branch of international law serving as the body of laws governing the conduct of armed conflicts, it functions also, and perhaps to a greater extent, as a moral system (either followed or rejected) for the armies involved in armed conflicts. As utilitarians already noticed, the development of legal systems was powerfully influenced by moral opinion, and conversely, moral standards had been profoundly influenced by law, so that the content (...) of many legal rules mirrored moral rules or principles. Law, like morality, is interested in creating a good society: enabling people to live together in a community and inculcating a sense of social responsibility. However, despite these similarities between the systems, law and morality differ in some of their objectives and in the methods they use for achieving their goals and sustaining human behavior. The application of this conclusion to IHL and the analysis of both its historical nascence in the nineteenth century and the philosophical concepts informing it suggests that IHL serves more the purposes of a moral system than those of a legal system. This claim is strengthened by the analysis of two examples of legal rules of IHL: the proportionality principle in causing collateral damage and the instruction that preventive (or targeted) killings should be used as a last resort. (shrink)

The book offers insights on whether international law can shape the politics of the Security Council and, conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council's behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided (...) into three periods - the origins and Cold War period, post-Cold War period and the twenty-first century - and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council's resolutions do not contribute significantly to the development of international law. (shrink)

This book examines recent developments in sources of public international law, such as treaties and custom operating among nations in their mutual relations, as well as developments in some of the primary rules of law international institutions created by these processes. It finds that public international law has become increasingly dysfunctional in dealing with some of the primary problems facing the world community, such as the maintenance of international peace and security, violations of international human rights and the law of (...) armed conflict, arms control, disarmament and non-proliferation, and international environmental issues, and that international law and international institutions face a problematic future. It concludes, however, that all is not lost. There are possible alternative futures for international law and legal process, but choosing among them will require the world community making hard choices. (shrink)

The papers in this volume reflect much of the current unease of a world that perceives itself once more at the edge of chaos. The authors present different vistas of that experience and their inherent dialectic, expressed in numerous and ceaseless conflicts between ordering and disordering processes. They can be read as comments on the ongoing processes that lead toward greater complexity.