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  Subjects -> MILITARY (Total: 106 journals)
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Journal of Conflict and Security Law
Journal Prestige (SJR): 0.402
Number of Followers: 18  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1467-7954 - ISSN (Online) 1467-7962
Published by Oxford University Press Homepage  [419 journals]
  • The Compatibility of Autonomous Weapons with the Principles of
           International Humanitarian Law

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      Authors: Winter E.
      Pages: 1 - 20
      Abstract: AbstractThe emergence of autonomous weapons remains a hot topic in international humanitarian law. Much has been said by States, international organisations, non-governmental organisations and academics on the matter in recent years. However, no agreement has been reached on how best to regulate this nascent technology. In the absence of any such agreement, the best approach is to analyse autonomous weapons through the lens of the principles of international humanitarian law. After humanity and military necessity are debunked as false principles, this article tests the compatibility of autonomous weapons with distinction, proportionality and precaution. It argues that autonomous weapons are not currently able to comply with these principles, owing primarily to a lack of sufficiently advanced artificial intelligence and contextual awareness. However, it also argues that the path to international humanitarian law-compliant autonomous weapons is shorter, and more clearly defined, than many realise. Indeed, the article highlights various ways in which future technological advances could enable autonomous weapons to comply with the principles of international humanitarian law more rigorously than human beings. The article does not seek to address the compatibility of autonomous weapons with other aspects of international law or the morality of such weapons.
      PubDate: Fri, 21 Jan 2022 00:00:00 GMT
      DOI: 10.1093/jcsl/krac001
      Issue No: Vol. 27, No. 1 (2022)
       
  • The Legality of Unilateral Extra-territorial Sanctions under International
           Law

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      Authors: Schmidt J.
      Pages: 53 - 81
      Abstract: AbstractFollowing its withdrawal from the Joint Comprehensive Plan of Action, the USA re-imposed economic and financial sanctions against Iran. Its current unilateral sanctions regime against the country contains extra-territorial sanctions which prohibit non-US nationals and non-US companies from trading with and investing in Iran. Foreign legal and natural persons who do not comply with the US extra-territorial legislation are faced with a variety of limitations, including access restrictions, fines and penalties. Thereby they not only put pressure on operators worldwide but also interfere with the sovereign foreign policy choices of states and international organisations such as the European Union (EU) who support legitimate trade with Iran. Equally problematic are the extra-territorial sanctions contained in the US sanctions regime against Cuba. The article examines the lawfulness of unilateral extra-territorial sanctions as a form of targeted sanction under international law in the relationship between the sanctioning state and other sovereign international actors affected by the extra-territorial legislation in light of the customary law on jurisdiction, the law on sanctions as well as the principle of non-intervention. The relationship between the US and the EU and its Member States will be taken as an example. It will be shown that unilateral extra-territorial sanctions may amount to an abuse of rights in case they are functionally connected to primary sanctions that violate jus cogens norms or that undermine the UN Charter system, irrespective of the strength of the exercised economic pressure.
      PubDate: Tue, 15 Feb 2022 00:00:00 GMT
      DOI: 10.1093/jcsl/krac005
      Issue No: Vol. 27, No. 1 (2022)
       
  • How Torture and National Security Have Corrupted the Right to Fair Trial
           in the 9/11 Military Commissions

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      Authors: McCall-Smith K.
      Pages: 83 - 116
      Abstract: AbstractNow passing its tenth year of pre-trial, the 9/11 military commission involves five men on trial for war crimes and terrorism in relation to the attacks against the USA on 11 September 2001. This article examines specific issues regarding the relationship between the prohibition against torture, national security and the right to fair trial that have arisen in the pre-trial phase of the case. The most obvious connection between the prohibition against torture and the right to fair trial has traditionally played out in the context of the exclusion of evidence obtained through torture. However, the frenetic nature of engagement between the defense and the prosecution in the courtroom reinforces that the US government’s efforts to hide the torture of the defendant victims diminishes the further range of protections that make up the right to fair trial, in particular this article examines various components of the right to an effective defense. In analysing these issues, the article contributes to the legal literature and understanding about the interrelated nature of torture and fair trial in the Guantánamo military commissions by demonstrating how efforts to conceal torture using the guise of national security prevents the defendants from fully engaging their rights to a fair trial in the 9/11 military commission.
      PubDate: Thu, 03 Feb 2022 00:00:00 GMT
      DOI: 10.1093/jcsl/krac002
      Issue No: Vol. 27, No. 1 (2022)
       
  • Jeff Handmaker and Karin Arts (eds), Mobilising International Law for
           ‘Global Justice’

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      Authors: Adanan A.
      Pages: 117 - 123
      Abstract: HandmakerJeff and ArtsKarin (eds), Mobilising International Law for ‘Global Justice’. Cambridge: Cambridge University Press, 2019. ISBN: 978-1-108-46608-0 
      PubDate: Sat, 12 Mar 2022 00:00:00 GMT
      DOI: 10.1093/jcsl/krac003
      Issue No: Vol. 27, No. 1 (2022)
       
  • Gary D. Solis, The Law of Armed Conflict: International Humanitarian Law
           in War

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      Authors: Hall R.
      Pages: 123 - 129
      Abstract: SolisGary D., The Law of Armed Conflict: International Humanitarian Law in War. 3rd edn, Cambridge: Cambridge University Press, 2021. ISBN: 97811008831635 (Hardback), 743 pp. RRP £120
      PubDate: Thu, 17 Feb 2022 00:00:00 GMT
      DOI: 10.1093/jcsl/krac004
      Issue No: Vol. 27, No. 1 (2022)
       
  • The ‘Allegiance’ Test: Judicial Legislation and Interpretation
           of GCIV

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      Authors: Galvis Martínez M.
      Pages: 21 - 51
      Abstract: AbstractThe article critically addresses the ‘allegiance’ test developed by International Criminal Jurisdictions for the determination of protected personal status under the Fourth Geneva Convention. Through a deconstruction of its elements and the methodology employed in its creation, the author shows substantial and methodological flaws that showcase the test as highly questionable example of judicial legislation. The article concludes that, although the test is likely to go into substantial desuetude, its existence as an interpretative tool will persist and thus its flaws and potential dangers must be assessed critically to prevent unrestricted and unfounded judicial legislation. In particular, the article exposes the lack of relation between the concept of allegiance and the so-called ‘allegiance’ test.
      PubDate: Mon, 13 Dec 2021 00:00:00 GMT
      DOI: 10.1093/jcsl/krab019
      Issue No: Vol. 27, No. 1 (2021)
       
 
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