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- Correction to: When May UN Peacekeepers Use Lethal Force to Protect
Civilians' Reconciling Threats to Civilians, Imminence, and the Right to
Life-
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Pages: 201 - 202
Abstract: This is a correction to: Hanna Bourgeois, Patryk I Labuda, When May UN Peacekeepers Use Lethal Force to Protect Civilians' Reconciling Threats to Civilians, Imminence, and the Right to Life, Journal of Conflict and Security Law, 2022, https://doi.org/10.1093/jcsl/krac027
PubDate: Fri, 20 Jan 2023 00:00:00 GMT
DOI: 10.1093/jcsl/krac036
Issue No: Vol. 28, No. 1 (2023)
- When May UN Peacekeepers Use Lethal Force to Protect Civilians'
Reconciling Threats to Civilians, Imminence, and the Right to Life-
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Pages: 1 - 65
Abstract: While the use of force in UN peacekeeping was traditionally limited to self-defence, the UN Security Council now regularly deploys peacekeeping missions with robust mandates to protect civilians and encourages their proactive implementation, including by using force. For many years, the Security Council authorised the use of ‘all necessary means’ to protect civilians from ‘imminent threats’ of physical violence, but its recent mandates have often dropped references to ‘imminence’. The UN has also interpreted such mandates as broader authorisation for peacekeepers to use force in response to temporally ill-defined threats to civilians. This turn to robust civilian protection is often celebrated, yet the legal parameters of using force continue to evolve below the radar and are rarely scrutinised, with scholarly writing focused on peacekeeper self-defence, rules of engagement and UN policy to justify proactive mandate implementation. Drawing on an analysis of the relationship between peacekeeping mandates and international law in light of the shift from defensive to proactive peacekeeping, this article argues that the legality of using force for civilian protection purposes must be reconciled not only with Security Council resolutions and their language on imminence, but also with human rights law (HRL), which imposes strict temporal conditions for lawful deprivations of the right to life outside the conduct of hostilities. Using examples of how the UN’s current practice of using force to protect civilians in hostile environments may contravene international norms, this article attempts to reconcile proactive civilian-oriented peacekeeping with the concept of imminence as understood in HRL.
PubDate: Tue, 09 Aug 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac027
Issue No: Vol. 28, No. 1 (2022)
- Repatriating Foreign Terrorist Fighters and Their Family Members: What
International Law Requires, and What National Courts Will Do-
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Pages: 67 - 107
Abstract: The evolution of ISIL and the foreign terrorist fighter phenomenon has raised many legal and practical challenges. Some of the most pressing and debated relate to the thousands of men, women and children, previously affiliated (to varying degrees) to ISIL and now held in camps in northern Syria. The call for repatriation of these persons has met mixed responses. Much of the debate has focused on policy considerations rather than examining, in depth, what international law prescribes here: that is, to what extent does international law oblige the States of origin to repatriate their nationals' This article will answer this question, looking at relevant rules of human rights law (including the emerging ‘functional approach’ to extra-territorial jurisdiction) as well as international humanitarian law. It will also examine an important principle of domestic law which is likely to play a major role in how these issues are adjudicated: namely, judicial deference to the executive in matters of foreign policy. The article argues that the international legal rules invoked in favour of an obligation to repatriate are far less prescriptive than generally asserted, while the principle of judicial deference to the executive in matters of foreign policy—particularly in cases involving national security considerations—means that national courts are likely to give States yet further latitude in this regard. For both legal and practical reasons, actions aimed at convincing national courts that a State is obliged to repatriate its nationals will not suffice to resolve these complex challenges.
PubDate: Fri, 29 Apr 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac016
Issue No: Vol. 28, No. 1 (2022)
- Plague, Pestilence and the Peninsula: International Humanitarian Law
Concerns of North Korea’s Biological Weapons Program-
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Pages: 109 - 134
Abstract: Suspected development of advanced biological weapons by the Democratic People’s Republic of Korea (North Korea), despite its status as a party to both the Biological Weapons Convention and other nonproliferation agreements, bears significant implications for both public health and security around the globe. A steady decrease in resources and attention devoted to preparedness for biological attacks or outbreaks since 2001 has exacerbated the vulnerability of the USA and its allies to outbreaks of such pathogens, both from North Korean biological weapons and natural sources. This article assesses several International Humanitarian Law (IHL) issues raised by the prospect of an international armed conflict in which North Korea deploys biological weapons. Historical context is discussed to contextualize the various IHL issues raised by a potential armed conflict, which include United Nations Enforcement actions, anticipatory self-defense, protection of civilians, targeting and proportionality. Preparing for and responding to a potential biological weapons attack by North Korea presents a host of unique challenges for the USA and its allies. An international armed conflict involving the use of such weapons by North Korea against the USA or its allies would be devastating for civilians and military personnel alike. It is thus imperative to understand the IHL issues raised by such a conflict, including circumstances that would warrant pre-emptive use of force by the USA and its allies, the scale and scope of any military response, and the need to protect civilians throughout the Korean peninsula.
PubDate: Thu, 28 Jul 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac028
Issue No: Vol. 28, No. 1 (2022)
- Learning from Automation in Targeting to Better Regulate Autonomous Weapon
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Pages: 135 - 160
Abstract: Autonomous weapon systems (AWS) are an emerging technology not currently subject to any specific regulation. This article examines the nature of automation in pre-cursor technologies for three different aspects of AWS to determine regulatory best practices that can be applied to these systems. Automation in target selection is explored in the context of pre-determined target lists, which function in similar ways to entering targets into the memory of an AWS. Automation in target engagement is considered using an example of ‘The Electronic Battlefield’ from the Vietnam War that, despite the less capable technologies of the time, demonstrates key elements of how AWS operate. The absence of human involvement is considered in relation to two types of mines that have been regulated on the international level and evaluates dimensions of control that could be useful to apply to AWS. Conclusions about automation for each aspect are used to determine best practices for regulating use of AWS. From these best practices, an outline of a legally required minimum level of human control is also developed.
PubDate: Thu, 22 Sep 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac030
Issue No: Vol. 28, No. 1 (2022)
- International Law and the Securitisation of Peacemaking: On Chapter VII,
the Security Council and the Mediation Mandate in Yemen-
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Pages: 161 - 186
Abstract: Peace mediation as a form of peaceful settlement of disputes has evolved significantly in the past 20 years, moving away from an informal process between parties towards a more structured undertaking rooted in norms and values of international law. Sitting between Chapter VI and Chapter VII of the UN Charter, mediation is an underexplored aspect of the collective security regime in international law. Surprisingly little attention has been paid to the role of the UN Security Council (UNSC) and the exercise of legal authority under Chapter VII in shaping mediation mandates. This article addresses this gap by developing a theoretical framework for understanding the role of UNSC in the construction of security in the context of peacemaking. Using the mandate of the Office of the Special Envoy for Yemen as a case study, the article traces the progression of the mediation mandate a set out in the UNSC resolutions, interrogating the shift in discourse from UN support for an inclusive political transition into a narrower focus on hard security and the international response to the threat of terrorism. Through this analysis the article demonstrates how the place of UNSC within the Charter system allows for a gradual securitisation of the peace mediation process at the expense of inclusive approaches. At a time when consensus on collective security appears to be weakening the role of the UNSC in constructing and responding to global threats is of significant interest to the future of Charter-based international peace and security.
PubDate: Fri, 23 Sep 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac031
Issue No: Vol. 28, No. 1 (2022)
- Tatiana Bazzichelli (ed), Whistle-blowing for Change: Exposing Systems of
Power and Injustice-
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Pages: 187 - 191
Abstract: BazzichelliTatiana (ed), Whistle-blowing for Change: Exposing Systems of Power and Injustice.Berlin: Transcript, 2021. ISBN-13: 978-3837657937, 300 pp. RRP £26.19
PubDate: Fri, 08 Jul 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac025
Issue No: Vol. 28, No. 1 (2022)
- Russell Buchan and Nicholas Tsagourias, Regulating the Use of Force in
International Law. Stability and Change-
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Pages: 192 - 197
Abstract: BuchanRussell and TsagouriasNicholas, Regulating the Use of Force in International Law. Stability and Change. Principles of International Law. Edward Elgar Publishing, 2021. 288 pages; ISBN: 978 78643 991 8
PubDate: Thu, 04 Aug 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac029
Issue No: Vol. 28, No. 1 (2022)
- Correction to: Overlap Between Complicity and Positive Obligations: What
Advantages in Resorting to Positive Obligations in Case of Partnered
Operations'-
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Pages: 199 - 199
Abstract: This is a correction to: Anna Liguori, Overlap Between Complicity and Positive Obligations: What Advantages in Resorting to Positive Obligations in Case of Partnered Operations', Journal of Conflict and Security Law, Volume 27, Issue 2, Summer 2022, Pages 229–252, https://doi.org/10.1093/jcsl/krac008
PubDate: Tue, 08 Nov 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac034
Issue No: Vol. 28, No. 1 (2022)
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