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Full-Text Articles in Law
Improving Civilian Protection During War Through Conflict-Specific Behavioural Regulation Of Combatants, Kirsten Md Stefanik
Improving Civilian Protection During War Through Conflict-Specific Behavioural Regulation Of Combatants, Kirsten Md Stefanik
Electronic Thesis and Dissertation Repository
This thesis advances the claim that there is a gap between the regulation of behaviour for the protection of individuals in peace and the regulations needed to protect civilians from combatant violence during war. Social psychology and criminology theories can help to develop the necessary conflict-specific behavioural regulations. This is because social psychology and criminology theories can explain how combatant deviance is adversely affected by psychological processes that reframe combatants’ conceptions of right and wrong and, in so doing, fundamentally alter the way in which combatants view the IHL rules intended to protect civilians. This thesis uses legal doctrinal methodology …
Armed Groups And The Protection Of Health Care, Ezequiel Heffes
Armed Groups And The Protection Of Health Care, Ezequiel Heffes
International Law Studies
That armed groups have been responsible for attacks against health care personnel and for violating the protection of health care is not news. This is one of the greatest humanitarian challenges of contemporary armed conflict. Armed groups, however, have also attempted to evacuate and treat wounded enemy fighters and civilians and, in certain contexts, they have even provided health care services for the civilian population living in the territories under their control. This article describes some of the key issues related to the variation of armed groups’ behaviors when dealing with the protection of health care, inquiring into why some …
Indeterminacy In The Law Of Armed Conflict, Adil Ahmad Haque
Indeterminacy In The Law Of Armed Conflict, Adil Ahmad Haque
International Law Studies
Controversy and confusion pervade the law of armed conflict. Its most basic rules may seem ambiguous, vague, incomplete, or inconsistent. The prevailing view of customary international law confronts serious problems, in principle and in practice, when applied to the customary law of armed conflict. Legal indeterminacy, in its different forms, might be reduced or resolved in light of the object and purpose of the law of armed conflict, or by taking into account other relevant rules of international law. Unfortunately, the purpose of the law of armed conflict is itself the subject of deep disagreement. So is the relationship between …
Medical Care In Urban Conflict, Kenneth Watkin
Medical Care In Urban Conflict, Kenneth Watkin
International Law Studies
The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care …
Measuring Norms And Normative Contestation: The Case Of International Criminal Law, Beth A. Simmons, Hyeran Jo
Measuring Norms And Normative Contestation: The Case Of International Criminal Law, Beth A. Simmons, Hyeran Jo
All Faculty Scholarship
One way to tell if an international norm is robust is to assess the breadth of its support from a wide variety of important actors. We argue that to assess norm robustness, we should look at the general beliefs, rhetorical support, and actions of both primary and secondary norm addressees (states and non-state actors) at various levels: international, regional, domestic and local. By way of example, we evaluate the robustness of international criminal law (ICL) norms by looking at the rhetoric and actions of a diverse set of international actors, including not only states and intergovernmental organizations but also ordinary …
From Protecting Lives To Protecting States: Use Of Force Across The Threat Continuum, Milton C. Regan
From Protecting Lives To Protecting States: Use Of Force Across The Threat Continuum, Milton C. Regan
Georgetown Law Faculty Publications and Other Works
The increasing prominence in recent years of non-international armed conflicts that extend across state borders has strained the traditional legal categories that we use to regulate state use of force. Simultaneous with this phenomenon has been growing acceptance that human rights law and international humanitarian law should co-exist, with the former informing interpretations of the latter to varying degrees. Scholars continue to debate vigorously the implications of these developments and how these bodies of law should interact. As Kenneth Watkin’s book Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict observes, however, commanders have no choice …