 Subjects -> MILITARY (Total: 106 journals)
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- The Imperative of Prosecuting Crimes of Aggression Committed against
Ukraine-
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Pages: 203 - 230
Abstract: AbstractAs a result of Russia’s invasion of Ukraine in February 2022, we are sitting at a crossroads where one path further weakens the prohibition of the use of force and another helps restore its integrity. In this context, this article argues it is imperative that we take all available steps to reinforce the prohibition, and that holding President Putin to account for the crime of aggression holds the key in this regard. The article explains why it is necessary to establish an ad hoc international tribunal to prosecute crimes of aggression committed against Ukraine given the International Criminal Court lacks jurisdiction over any crime of aggression involving a State not party to the Rome Statute, the impossibility of amending the Statute in this instance, and the impediments that will stand in the way of a successful domestic prosecution of the crime of aggression, including immunities enjoyed by those most responsible. Finally, the article addresses the principal objections to the proposed tribunal including its cost (which is overstated and pales in comparison to the mounting cost of the ongoing conflict); its supposed redundancy given efforts to prosecute other serious international crimes committed in Ukraine (which undersells the challenge of holding leaders to account and discounts the value of separately prosecuting aggression); and the concern that the tribunal would represent selective justice (which overlooks the fact that a prosecution of the leaders of one of the world’s most powerful States would help end, rather than exacerbate, international criminal justice’s selectivity problem).
PubDate: Mon, 20 Mar 2023 00:00:00 GMT
DOI: 10.1093/jcsl/krad004
Issue No: Vol. 28, No. 2 (2023)
- Military Assistance to Ukraine: Enquiring the Need for Any Legal
Justification under International Law-
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Pages: 231 - 251
Abstract: AbstractSince the invasion of Ukraine by Russia on 24 February 2022, Western states have provided significant military support to the Ukrainian armed forces, through the supply of arms or intelligence. This article enquires whether those states need any legal justification to make such support lawful under international law and, more particularly, under the law on the use of force, the law of neutrality and the regulation of arms transfers. It concludes that such justification might be required in certain circumstances and that the supporting states’ narrative, namely helping Ukraine to exercise its right of self-defence in response to a blatant armed attack, might act as a valid justification, except with respect to certain regulations on arms transfer.
PubDate: Tue, 30 May 2023 00:00:00 GMT
DOI: 10.1093/jcsl/krad007
Issue No: Vol. 28, No. 2 (2023)
- The UN and the Protection of Civilians: Sustaining the Momentum
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Pages: 317 - 348
Abstract: AbstractThe protection of civilians (PoC) concept remains contested twenty-three years after the first PoC mandate. Current PoC frameworks used by the United Nations (UN) do not assist with determining applicable legal standards. They lead the UN down an unsustainable path that risks diminishing political support for PoC, especially within intense conflicts and following well-documented protection failures. With ever-rising expectations from communities under protection, the UN’s ‘Three Tiers of PoC Action’, and the complexity and dilution of PoC mandates under a whole-of-mission approach, it becomes challenging to determine what missions must do to protect individuals. Undertaking a major re-evaluation of PoC, this article charts the progression of PoC mandates drawing on examples from several missions drawing out the diverse nature of PoC and subsequent activities. The article then argues that current definitions and practical applications of PoC have cast the net too wide, presented uncertainties, and leave PoC open to attack from Member States amidst a political climate of weakened support for collective security action. Instead, the discussion must shift towards a concise and shared understanding of what protection mandates entail for UN peace operations. The article suggests how PoC can be reconceptualised to distinguish a narrow and easily communicated minimum obligation to be placed on UN peacekeepers.
PubDate: Tue, 10 Jan 2023 00:00:00 GMT
DOI: 10.1093/jcsl/krac037
Issue No: Vol. 28, No. 2 (2023)
- ‘Objects’' The Legal Status of Computer Data under
International Humanitarian Law-
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Pages: 349 - 387
Abstract: AbstractThis article discusses whether computer data constitutes an ‘object’, in the meaning of this term under international humanitarian law (IHL). After providing background on what is meant by ‘computer data’, and on the significance of any determination whether computer data constitutes an ‘object’ for the purposes of IHL, the article proceeds to consider the meaning of the term ‘object’ as found in the First Additional Protocol to the Geneva Conventions (API). Recourse is made to the customary rules of treaty interpretation while focusing on both the English and French versions of API. The ordinary meaning of the term ‘object’ in its context in API solely connotes material things, thus excluding computer data. Moreover, recourse to the object and purpose of API, or to so-called ‘evolutionary’ interpretation, does not lead to a different conclusion. Considering the importance of customary international law for states non-parties to API, and for the purposes of non-international armed conflicts, the article proceeds to analyse whether computer data constitutes an ‘object’ for the purposes of custom. The article analyses the development of the term ‘object’ in legal discourse over the past century in determining what states intended this term to mean, and finds that here, too, states considered ‘objects’ in the context of IHL to be material things. It also explains that there is no apparent trend among states as to whether data constitutes an ‘object’, whereas the paucity of official government statements is far from the necessary volume for it to carry particular legal significance.
PubDate: Mon, 30 Jan 2023 00:00:00 GMT
DOI: 10.1093/jcsl/krad002
Issue No: Vol. 28, No. 2 (2023)
- Taking Stock: Assessing the Current Status and Evolution of the United
Nations Security Council’s Legislative Resolutions-
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Pages: 389 - 412
Abstract: AbstractThe present essay intends to provide for an in-depth analysis concerning the enactment of new legislative resolutions by the UN Security Council with a view to dealing with foreign terrorist fighters and Islamic State of Iraq and the Levant as well. It will be argued that, instead of voicing unweavering concerns about the Council’s increasing tendency to resort to this specific tool, UN Member States have widely welcomed these resolutions, deeming them necessary and proportionate response to urgent threats faced by the International Community as a whole. Accordingly, this has generated a clear distinction between the previous legislative resolutions and the recent ones. As a result, by dwelling more specifically on States’ utterances made during the meetings devoted to discuss these new general resolutions, it is argued that such resolutions are to be looked upon as subsequent practice pursuant to Article 31, paragraph 3(b) of 1969 Vienna Convention on the Law of Treaties (VCLT), which means that they are relevant in order to interpret Article 41 of the UN Charter. Ultimately, and based on the assumption that States are now more inclined to accept general obligations in the counter-terrorism’s domain, the manuscript addresses the topic of how the UN Security Council should legislate in order to secure the widest acceptance possible and be in accordance with several International Law’s requirements.
PubDate: Thu, 04 May 2023 00:00:00 GMT
DOI: 10.1093/jcsl/krad006
Issue No: Vol. 28, No. 2 (2023)
- Boyd Van Dijk, Preparing for War
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Pages: 416 - 421
Abstract: Van DijkBoyd, Preparing for War. Oxford: Oxford University Press, 2022. £80. 400 Pages; ISBN: 9780198868071
PubDate: Fri, 03 Mar 2023 00:00:00 GMT
DOI: 10.1093/jcsl/krad003
Issue No: Vol. 28, No. 2 (2023)
- Regulating a ‘state of exception’ in Times of War: The Legal Regime
Applicable to Derogation in Situations of Armed Conflict-
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Pages: 253 - 284
Abstract: AbstractAn armed conflict is one of the severest forms of ‘public emergency’, the very condition to activate the derogation regime of international human rights law. There is indeed no greater threat to the very survival of a nation to warrant the suspension of human rights than an armed conflict. However, while adopting the relevant international humanitarian law (IHL) treaties, states have bound themselves ‘to respect and ensure the respect for’ the norms enshrined therein, regardless of the urgency and exceptional challenges that they may face as a result of an armed conflict. As such, derogation from the baseline rules in those treaties is, in principle, not permissible by making reference to the existence of military necessity or the general state of armed conflict. Notwithstanding this, some provisions in the various IHL treaties exceptionally envisage the possibility of derogation from the rights and privileges of a particular group of victims of armed conflict for security reasons. One of such provisions is Article 5 of the Fourth Geneva Conventions (GC IV), which explicitly allows derogation both within a state’s own and occupied territories. Similar other provisions, albeit some without express mentioning of derogation, can also be found in the Four Geneva Conventions (1949) and their Additional Protocols of 1977. Nonetheless, there is a common thread that runs through these provisions, that is, a state’s power of derogation is limited by strict legal constraints. This essay aims at illustrating these normative restrictions by fleshing out the limits placed upon states’ ability to suspend the rights and freedoms of some individual victims of armed conflict, using Article 5 of GC IV as a reference point. It is argued that while derogation from some norms of IHL is exceptionally possible and lawful, any derogation measure should comply with some procedural and substantive requirements and remain justified throughout its duration. No exceptional circumstance, whether the exigencies of military necessity or the protection of national security, can be invoked to dispense with such requirements.
PubDate: Wed, 21 Sep 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac032
Issue No: Vol. 28, No. 2 (2022)
- The Utility of Weapons Reviews in Addressing Concerns Raised by Autonomous
Weapon Systems-
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Pages: 285 - 316
Abstract: AbstractThe obligation to legally review weapons, means and methods of warfare has been identified by the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems as one of its Guiding Principles. Despite calls to share practical measures and processes to undertake this review, national practice remains opaque and fragmented. This article describes the traditional weapons review process and explains why this process may need to be modified to adequately evaluate autonomous weapon systems (AWS). It uses three case studies of fictional AWS in various stages of development and acquisition to demonstrate how existing review processes can be adapted for the review of AWS. This article shows the utility of these reviews for ensuring compliance of AWS with existing legal requirements, thereby also demonstrating the suitability of existing law to regulate the use of this novel technology in warfare.
PubDate: Fri, 18 Nov 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac035
Issue No: Vol. 28, No. 2 (2022)
- Peter Lee, Reaper Force: The Inside Story of Britain’s Drone Wars
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Pages: 413 - 416
Abstract: LeePeter, Reaper Force: The Inside Story of Britain’s Drone Wars. London: John Blake Publishing, 2018, 327 pp/RRP. ISBN: 978-1-78946-078-0, £14.95
PubDate: Wed, 26 Oct 2022 00:00:00 GMT
DOI: 10.1093/jcsl/krac033
Issue No: Vol. 28, No. 2 (2022)
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