Humanitarian Law

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Michael N Schmitt - One of the best experts on this subject based on the ideXlab platform.

  • autonomous weapon systems and international Humanitarian Law a reply to the critics
    2012
    Co-Authors: Michael N Schmitt
    Abstract:

    Examines the international Humanitarian Law implications of autonomous weapon systems. Responds to criticism, such as Human Rights Watch's Losing Humanity report.

  • military necessity and humanity in international Humanitarian Law preserving the delicate balance
    2010
    Co-Authors: Michael N Schmitt
    Abstract:

    This chapter examines the international Humanitarian Law (IHL) principles of military necessity and humanity. It argues that the two principles undergird the entire body of IHL. Therefore, each individual IHL rule represents a delicate balance fashioned by States to accommodate both their legitimate need to be able to fight effectively on the battlefield and their desire to avoid unnecessary harm to combatants and the civilian population. However, the principles do not constitute norms which apply in addition to the existing rules, whether customary or conventional in nature. To interpret them in this manner would skew the balance upon which States have agreed.

  • precision attack and international Humanitarian Law
    International Review of the Red Cross, 2005
    Co-Authors: Michael N Schmitt
    Abstract:

    This article explores the relationship between precision attack and international Humanitarian Law. It begins by addressing the nature of precision attack, including precision technologies, the combat environment in which it occurs, attacker tactics, and the targeting process. Modern precision attack's greatest impact on international Humanitarian Law lies in four areas: indiscriminate attack; proportionality; precautions in attack; perfidy and protected status. The author concludes that precision warfare has both positive and negative implications for the interpretation and application of international Humanitarian Law on the twenty-first-century battlefield.

Karinne Lantz - One of the best experts on this subject based on the ideXlab platform.

  • protecting civilians during the fight against transnational terrorism applying international Humanitarian Law to transnational armed conflicts
    2009
    Co-Authors: Karinne Lantz
    Abstract:

    This article examines how international Humanitarian Law (IHL) may apply to protect innocent civilians during the fight against transnational terrorism. To achieve the goal of allowing states to protect their populations from the threat of terrorism while ensuring respect for the rule of Law and the rights of individuals, it is argued that, although IHL should remain applicable only to armed conflicts, it must evolve so that it clearly applies to “transnational” armed conflicts (that is, armed conflicts between State A and a non-State actor based in State B, where State A uses force in the territory of State B without State B’s consent). Rather than recognizing a new third category of armed conflict to cover these situations, it is argued that non-international armed conflicts should be understood as a residual category that regulates all armed conflicts to which the parties are not only states and/or their agents.

Benjamin Perrin - One of the best experts on this subject based on the ideXlab platform.

  • promoting compliance of private security and military companies with international Humanitarian Law
    International Review of the Red Cross, 2006
    Co-Authors: Benjamin Perrin
    Abstract:

    Private security and military companies have become a ubiquitous part of modern armed conflict and post-conflict reconstruction. Their diverse clients include governments in the developed and developing world alike, non-state belligerents, international corporations, non-governmental organizations, the United Nations, and private individuals. The implications of this proliferation of private security and military companies for international Humanitarian Law and human rights are only beginning to be appreciated, as potential violations and misconduct by their employees have come to light in Iraq and Afghanistan. The author critically examines the theoretical risks posed by private military and security company activity with respect to violations of international Humanitarian Law and human rights, together with the incentives that these companies have to comply with those norms. Empirical evidence is also presented to expand on this theoretical framework. Taking a multidisciplinary approach, the author draws on Law, international relations theory, criminology, economics, corporate strategy and political economy, as well as psychology and sociology, to analyse the competing "risk-factors" and ‘‘compliance levers’’ that interact at each level of private military and security company activity to enhance or reduce the likelihood of a violation occurring. These findings are then applied by the author to assess emergent measures to deal with private security and military companies outside the legal sphere, including a programme of the International Committee of the Red Cross and the advent of the International Peace Operations Association.

Lindsey Cameron - One of the best experts on this subject based on the ideXlab platform.

  • private military companies their status under international Humanitarian Law and its impact on their regulation
    International Review of the Red Cross, 2006
    Co-Authors: Lindsey Cameron
    Abstract:

    States are increasingly hiring private military companies to act in zones where armed conflicts are occurring. The predominant feeling in the international community is that it would be best to regulate such companies. Cognizant of much confusion as to the status of the employees of private military companies under international Humanitarian Law, this article explains the Laws on mercenaries, combatants and civilians and explores how private military companies' employees may fall into any of those categories. It demonstrates that the concept of mercenarism is unhelpful for regulating these companies and that it is unlikely that many of the employees of these companies can be considered to have combatant status. The article considers possible consequences of private military companies' employees having the status of civilians under international Humanitarian Law and their potential impact on regulating these companies effectively.

Hawash Shaheen - One of the best experts on this subject based on the ideXlab platform.