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)

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)

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)

This paper discusses children's right to play and its bioethical importance for children affected by war. Against the background of the current military conflicts, it analyses physical, psychological, and institutional factors that limit children's right to play in a situation involving armed conflict. Considering that the lack of institutional support of play for children affected by war constitutes a failure to fulfil our societal and political obligation under Article 31 of the United Nations Convention (...) on the Rights of the Child, this paper analyses the understanding of play adopted in this legal instrument. In line with the distinctions made in the Convention, it discusses the importance of play for children's life and survival, for their health and well‐being, as well as for the recovery of trauma experienced by children affected by armed conflict. It thereby aims to contribute to the recognition and protection of this right on the grounds of bioethics and healthcare. (shrink)

Armed conflict can destroy both a healthcare system and the people who comprise it. Where the facilities themselves may take decades to rebuild, this collection of essays is evidence of the remarkable resilience of healthcare providers working in these conflict zones. Twelve narratives are shared by doctors, nurses, and other staff working in current crises in places such as Afghanistan, Darfur, Gaza, Iraq, Myanmar, Syria, and Ukraine. The essays reveal logistical, personal, and ethical challenges of providing fundamental healthcare services (...) under. (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)

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)

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 paper examines the culture, the dynamics and the financial underpinnings that determine how medical research is being conducted on children in the United States. Children have increasingly become the subject of experiments that offer them no potential direct benefit but expose them to risks of harm and pain. A wide range of such experiments will be examined, including a lethal heartburn drug test, the experimental insertion of a pacemaker, an invasive insulin infusion experiment, and a fenfluramine "violence (...) prediction" experiment. Emphasis, however, is given to psychoactive drug tests because of the inherent ethical and diagnostic problems involved in the absence of any objective, verifiable diagnostic tool. Effort is made to provide readers comprehensive reference sources to evidence-based reports about the serious risks these drugs pose for adults and children so that the reader may judge whether the benefits (if any) outweigh the risks for children. The first ethical issue raised by these experiments is: did the severity of illness in these children justify their exposure to short and long-term risks? The ethics of the experiments will be evaluated by referring to existing codes of medical research ethics-the Nuremberg Code, the Declaration of Helsinki, and the federal Code of Regulations. The thirteen cases presented will demonstrate that children are being used in ever more speculative experiments, often in the absence of a therapeutic intent, but a significant chance for causing harm and / or discomfort. Some of the experiments were designed to explore the mechanisms of pathology and pharmacological interventions, or the response of neurological brain receptors to chemical provocation ("challenge"). Others were designed to test the safety or efficacy of new drugs, even to test these drugs on healthy children who were hypothesized to be "at risk." Children and adolescents have been subjected to "forced dose titration" experiments that induced a spectrum of severe adverse effects, including insomnia, extreme restlessness, agitation, (akathisia) and self-injurious behavior. FDA reports show that suicide is a significant issue in psychotropic drug trials-in pediatric trials the problem is even greater. The paper aims to demonstrate how the enactment of the Better Pharmaceuticals for Children Act (incorporated into the Food and Drug Administration Modernization Act, FDAMA), set in motion a radical shift in public policy by providing huge financial incentives to pharmaceutical companies to test new or patented drugs in children. Federal policy shifted from one aimed at protecting children by setting limits on permissible research risks, to a policy aimed at broadening the inclusion of children as test subjects. It will be shown how the FDA and the Department of Health and Human Services lifted regulatory restrictions to permit research involving greater than minimal risk to be conducted on healthy children, claiming that all children are potentially "at risk" of a future condition. Children were in this way deprived of regulatory protections. An argument will be made that the approval of nontherapeutic, harmful experiments-such as exposure of toddlers to lead poison-under the current gate keeping system raises serious doubts about the sustainability of institutional review boards (IRBs) as protectors of human research subjects. Children, who are precluded from exercising the adult human's right to informed consent, are being exploited as commodities for commercial ends. It is the position of the author that nothing less than the enactment of a federal law mandating a radical overhaul of the current research review system, with independent checks and balances, will provide children the legal protections they need. Ten specific recommendations are offered to protect children from harmful experiments. (shrink)

The most obvious adverse impact of the arms trade on health is loss of life and maiming from the use of weapons in conflicts. Wealthy countries suffer damage to their health and human services when considerable resources are diverted to military expenditure. However, the relative impact of military expenditures and conflict on third world countries is much greater, and often devastating, by depriving a significant portion of the population of essential food, medicine, shelter, education, and economic opportunities. Further, the (...) physical and psychological damage inflicted specifically on children is debilitating – through loss of (or separation from) families, loss of education, destruction of homes, exposure to murder and other violence, sexual abuse, abduction, torture, slavery, and forcible conscription as soldiers. This article outlines the socio-economic impact of the global arms trade in general and the damage done to human health and the environment, specifically. (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)

Presently, there is armed conflict in Darfur, Sudan. Armed conflict has adversely affected the social, economic and educational development of Darfur, Sudan. Purpose of this study is to know the impact of armed conflict on managerial behavior of the principals of secondary schools in Darfur, Sudan. In this study, the impact of armed conflict on performance of the secondary school principals was analyzed in perspective of their managerial behavior. Based on the findings of the study significant (...) impact of armed conflict was found on the managerial behavior of the principals. It was found that principals coordinated with the staff in activities of the school but were frightened and unable to perform their administrative and managerial duties freely and independently. There was communication gap between the principals, teachers and parents. The principals did not possess the skills to maintain school budget & finance properly. It was concluded that the principals need administrative and managerial training. Government of Sudan may establish academies of Educational Administration & Management to impart training to the principals of secondary schools and to take steps to control the existing armed conflict. (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)

Conflict resolution practitioners consistently struggle with access to structured armed conflict data, a dataset already rife with uncertainty, inconsistency, and politicization. Due to the lack of a standardized approach to collating conflict data, publicly available armed conflict datasets often require manipulation depending upon the needs of end users. Transformation of armed conflict data tends to be a manual, time-consuming task that nonprofits with limited budgets struggle to keep up with. In this paper, we explore the use of (...) a deep natural language processing model to aid the transformation of armed conflict data for conflict analysis. Our model drastically reduces the time spent on manual data transformations and improves armed conflict event classification by identifying multiple incidence types. This minimizes the human supervision cost and allows nonprofits to access a broader range of conflict data sources to reduce reporting bias. Thus, our model contributes to the incorporation of technology in the peace building and conflict resolution sector. (shrink)

Parochial altruism is manifested in the most violent of conflicts. Although it makes evolutionary sense for kin, many non-kin groups also behave parochially altruistically in response to threat from out-groups. It is possible that such non-kin groups share a sense of “fictive” kinship which encourages them to behave parochially altruistically for each other’s benefit. Our findings show that individuals not directly involved in a conflict approved of parochial altruism enacted by an in-group against an out-group more when the out-group (...) posed a threat to the in-group; however, this effect wasgreaterwhen the in-group members expressed fictive kinship by addressing each other using kinship metaphors such as “brothers.” Furthermore, although males approved of parochial altruism more than females, as the male warrior hypothesis would suggest, the effects of threat and kinship metaphor on approval of parochial altruism applied to both genders. These findings were replicated in an honour and non-honour culture. (shrink)

This study investigates how values are instilled to children in conflict with the law in a Philippines youth facility through the houseparent–resident relationship. Although a wealth of literature has examined the condition of child residents in youth rehabilitation institutions, little is known about the relationship between the child residents and the houseparents assigned to care for them, particularly, how the values the houseparents instil in the children impacts on their rehabilitation. Through an ethnographic study of a child facility (...) and in-depth interviews of the CICL residents and their houseparents, the study presents a rich description of the kind of relationship between these carers and their wards. The totalizing effect of the institution is mitigated by the genial relationship between the houseparents and the child residents. In particular, the Filipino values of personalism as applied by the houseparents in their parenting tasks positively impacts on the child residents they are caring for. The findings gathered from this study will provide critical information on what values the social workers, caregivers, houseparents and other staff of a youth facility should impart to the CICL to help achieve the facility’s rehabilitative goals. (shrink)

Proposals by the San Francisco Police Department (SFPD) to use bomb disposal robots for deadly force against humans have met with widespread condemnation. Media coverage of the furore has tended, incorrectly, to conflate these robots with autonomous weapon systems (AWS), the AI-based weapons used in armed conflict. These two types of systems should be treated as distinct since they have different sets of social, ethical, and legal implications. However, the conflation does raise a pressing question: what _if_ the SFPD (...) had proposed using AWS for law enforcement purposes? This article argues that current debate on AWS takes place within a ‘killing paradigm’ that leaves us ill-placed to understand the implications of using autonomous force outside of armed conflict. This is because ‘lethality’ is taken as the paradigmatic form of harm, meaning that other harms are understood in a way that is derivative of lethal harm. The article calls for more research on how other sorts of goods, such as freedom from domination, are imperilled by the use of autonomous force. The article also suggests that bringing research on AWS into dialogue with the sorts of concerns that have typically motivated political theory—e.g. power, coercion, the state—provides a fruitful starting point for addressing these issues. (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)

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)

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...

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)

Medical ethics in times of war are fundamentally different from those in times of peace. War brings military and medical values into conflict, often overwhelming other moral obligations, such as a doctor's charge to relieve suffering, in the face of military necessity.

War is father of all, and king of all. He renders some gods, others men;he makes some slaves, others free.—HeraclitusLanguages in the Crossfire is an impressive and well-documented book written by...

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)

Medical ethics in times of war are fundamentally different from those in times of peace. War brings military and medical values into conflict, often overwhelming other moral obligations, such as a doctor's charge to relieve suffering, in the face of military necessity.

Wars must be won if our country … is to be protected from unthinkable outcomes, as the events on September 11th most recently illustrated…. This best protection unequivocally requires armed forces having military physicians committed to doing what is required to secure victory…. As opposed to needing neutral physicians, we need military physicians who can and do identify as closely as possible with the military so that they, too, can carry out the vital part they play in meeting the (...) needs of the mission.Counterpoint:We believe the role of the “physician–soldier” to be an inherent moral impossibility because the military physician, in an environment of military control, is faced with the difficult problems of mixed agency that include obligations to the “fighting strength” and … “national security.”. (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)

The goal of military medicine is to conserve the fighting force necessary to prosecute just wars. Just wars are defensive or humanitarian. A defensive war protects one's people or nation. A humanitarian war rescues a foreign, persecuted people or nation from grave human rights abuse. To provide medical care during armed conflict, military medical ethics supplements civilian medical ethics with two principles: military-medical necessity and broad beneficence. Military-medical necessity designates the medical means required to pursue national self-defense or humanitarian (...) intervention. While clinical-medical necessity directs care to satisfy urgent medical needs, military-medical necessity utilizes medical care to satisfy the just aims of war. Military medicine may therefore attend the lightly wounded before the critically wounded or use medical care to win hearts and minds. The underlying principle is broad, not narrow, beneficence. The latter addresses private interests, while broad beneficence responds to the collective welfare of the political community. (shrink)

Why do states who are committed to the principle of civilian immunity and the protection of non-combatants end up killing and injuring large numbers of civilians during their military operations? Bugsplat explains this paradox through an in-depth examination of five conflicts fought by Western powers since 1989.

Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the (...) Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations. (shrink)

Among the thousands who arrive in Europe to seek asylum each year, a significant number are children traveling on their own. Like adults, they are fleeing from war and armed conflict situations, persecution, severe poverty, and deprivation. Some arrive because they have been trafficked and some are fleeing for reasons specifically related to their status as children. They need special attention, not only in terms of specialized care and assistance, but also in terms of the refugee status (...) determination procedure. When they arrive in a country of asylum they risk further violations of their rights. This paper intends to outline the rignts of these children under international law; to highlight key protection concerns facing them, particularly in the European context; to summarize ways of how a UN/ngo program has attempted to address these problems; and to make some specific recommendations. (shrink)

International humanitarian law and international human rights law both prohibit the use of child soldiers in armed conflict. The protection afforded to children is problematic because the age a child may become a soldier and what constitutes child “soldiering” fluctuates between States and cultures. Differing levels of children soldiers’ protection leave them vulnerable to particular abuses. This paper examines some different attitudes and approaches towards the use of child soldiers and concludes that international human rights law and (...) international humanitarian law does not adequately protect children. (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)

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)

This chapter explores the debate between contemporary projectivists or expressivists, and the advocates of sensibility theory. Both positions are best viewed as forms of sentimentalism — the theory that evaluative concepts must be explicated by appeal to the sentiments. It argues that the sophisticated interpretation of such notions as “true” and “objective” that are offered by defenders of these competing views ultimately undermines the significance of their meta-ethical disputes over “cognitivism” and “realism” about value. Their fundamental disagreement lies in moral (...) psychology; it concerns how best to understand the emotions to which sentimentalist theories must appeal. (shrink)

This Article examines the authority of states to settle individual private property claims in post–conflict negotiations towards settlement. We analyze this question by exploring the limits of states’ authority to take or limit private property rights for the public good. We argue that this authority rests on two cumulative justifications: the inclusion of the property owners among the public that stands to benefit from the public good, and their representation by the government that decides on the taking of the property. (...) In post–conflict settlement, the negotiating states may redistribute both private property and the public good between and within their respective communities. Their authority to redistribute continues to rests on the same justifications of inclusion and representation. Hence, their authority extends only to the redistribution of property of owners who are members of the respective communities that negotiate the agreement, and who are represented by a negotiating government. (shrink)