International Humanitarian Law Commons^™

Illegally Evading Attribution? Russia's Use Of Unmarked Troops In Crimea And International Humanitarian Law, Ines Gillich

Vanderbilt Journal of Transnational Law

The Crimean Crisis of February and March 2014 poses several questions to International Law. This Article explores one of them: Does the use of unmarked troops, soldiers in uniforms but without nationality insignia, in Crimea violate principles of International Humanitarian Law (IHL)?

This Article first provides a brief summary of Crimea's history and the facts of the 2014 Crimean Crisis. It will be argued that IHL is applicable to the events in Crimea in February and March 2014 since the unmarked soldiers are attributable to Russia--either as Russian nationals or through Russia's exercise of control over them--and that there was …

Human Dignity In The Line Of Fire: The Application Of International Human Rights Law During Armed Conflict, Occupation, And Peace Operations, John Cerone

Vanderbilt Journal of Transnational Law

One of the most controversial and politically charged issues in current human rights discourse is whether and to what extent states are bound by human rights obligations with respect to the conduct of their armed forces abroad in armed conflict, occupation, and peace operations. Underlying the controversy are a number of complex legal questions, several of which have eluded definitive resolution. Chief among these questions is whether individuals affected by the conflict are among those whose rights states are obliged to secure. Answering these questions is further complicated in situations of collective action, giving rise to such questions as whether …

Self-Determination: Chechnya, Kosovo, And East Timor, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

Hindsight always appears better than foresight. Hopefully, the reexamination of past events will provide lessons for the future. Recent media reports have analyzed the genocide in Rwanda and blamed France, the United States, and the UN Security Council for their failures to take steps that might have prevented or stopped the atrocities. Academic studies also argue how the atrocities in Chechnya, Kosovo, and East Timor may have been prevented or stopped by the United Nations or others in the international community. Such analyses are for international relations authorities and military experts. As an international lawyer, I am reluctant to tread …