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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: 19  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1467-7954 - ISSN (Online) 1467-7962
Published by Oxford University Press Homepage  [425 journals]
  • Irreversibility in nuclear arms control and disarmament law'

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      Pages: 423 - 466
      Abstract: AbstractWhile irreversibility of nuclear arms control and disarmament measures can be supported by compliance with applicable legal norms, the existing treaty regulation has serious gaps: pertinent treaties are not universally applicable; limitations on missiles as important carriers of nuclear warheads have been abrogated; the strategic doctrines of nuclear weapons powers are not fully transparent, and while the latter may strengthen the effectiveness of nuclear deterrence, it also raises questions as to compliance with fundamental obligations to refrain from a threat or use of force and to settle international disputes by peaceful means. There are certain principles of general international law that can and should be used in international cooperation to overcome nuclear crisis situations and strengthen international security: fundamental norms regarding the non-proliferation of nuclear weapons and nuclear disarmament under strict and effective international control have an erga omnes character and are accepted and recognized by the international community of States as a whole. Furthermore, general rules of international responsibility are fully applicable in the law of nuclear arms control and disarmament. It is in this sense that irreversibility in nuclear arms control and disarmament is served by legal principles and rules, which require States to comply with existing obligations and to cooperate for the maintenance of peace and security.
      PubDate: Tue, 03 Oct 2023 00:00:00 GMT
      DOI: 10.1093/jcsl/krad013
      Issue No: Vol. 28, No. 3 (2023)
       
  • Why Prosecuting Aggression in Ukraine as a Crime Against Humanity Might
           Make Sense

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      Pages: 467 - 499
      Abstract: AbstractThe idea that aggression can and maybe should be prosecuted in some instances as a crime against humanity is a marginal one that has nonetheless been floated for a while. This article revisits the idea in the context of efforts to prosecute the leaders of the Russian aggression in Ukraine. It argues that the case that aggression is a crime against humanity has been framed along excessively reductionist lines focusing on ‘other inhumane acts’ as a predicate offence. Instead, the article suggests that there can be a deep overlap between the notion of an armed attack against a state as defining aggression, and the notion of a ‘widespread or systematic attack against a civilian population’ as the chapeau of crimes against humanity. Working at this intersection, it is suggested, makes sense of the special place of aggression as an offence generative of many others, as well as the particular sovereign deliberateness involved in launching an attack. The article explores some of the concerns that such a prosecution might trigger, including that it misses the opportunity to prosecute aggression as such, is in bad faith, or does not cover significant portions of what is rightly considered wrong about aggression. The article concludes in favor of an imaginative take on the substantive law resources that are there rather than the search for new jurisdictional solutions.
      PubDate: Thu, 20 Jul 2023 00:00:00 GMT
      DOI: 10.1093/jcsl/krad009
      Issue No: Vol. 28, No. 3 (2023)
       
  • The Changing Significance of Nationality for the Protection of Civilians
           in the Hands of a Party to an International Armed Conflict

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      Pages: 501 - 532
      Abstract: AbstractThe Fourth Geneva Convention provides the main protection regime for civilians in the hands of a party to an international armed conflict. Yet its application is limited to non-nationals, and conditional upon states’ belligerent and legal relations. This article historicises and problematises the so-called nationality requirement for the treatment and protection of civilians. The significance of nationality for international humanitarian law has changed considerably since the late nineteenth century. The complex delineation of civilian protected persons under the Fourth Geneva Convention was, therefore, not inevitable. The article challenges the common perception of the treaty as a humanitarian achievement designed to safeguard innocent and vulnerable civilians. This detailed study of nationality provides insights into the changing perception of civilians as war victims and the role of international humanitarian law in protecting them.
      PubDate: Thu, 09 Mar 2023 00:00:00 GMT
      DOI: 10.1093/jcsl/krad005
      Issue No: Vol. 28, No. 3 (2023)
       
  • From Theory to Reality: A Definition for the Termination of
           Non-International Armed Conflicts

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      Pages: 533 - 567
      Abstract: AbstractThis article seeks to examine how various theories, which have been designed to determine the end of non-international armed conflicts (NIACs), have been applied in practice. As international humanitarian law is temporal in its application, determining when a conflict legally concludes is vital to assess the rights and duties of parties involved during the final stages of conflict. In order to examine how international law approaches the issue of conflict termination, three case studies are undertaken (Afghanistan, Solomon Islands and Sierra Leone) to examine the practice of the parties involved in the transition out of a NIAC paradigm and into the jus post bellum (law after war). While the article does not seek to identify a clear definition in customary international law as to the nature of a NIACs termination, through an analysis of practice and theory implementation, it is hoped that an improved picture as to how NIACs may conclusively end as a matter of international law can be brought to light.
      PubDate: Wed, 10 May 2023 00:00:00 GMT
      DOI: 10.1093/jcsl/krad008
      Issue No: Vol. 28, No. 3 (2023)
       
  • Recent Developments in the National Implementation of Biological Weapons
           Convention: What Happened Since Resolution 1540'

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      Pages: 569 - 592
      Abstract: AbstractThe national implementation of the Biological Weapons Convention (BWC) has long been a point of discussion. One aspect of this national implementation concerns the enactment of penal legislation addressing the prohibitions of the BWC. There has been a clear increase in the past 18 years of penal legislation addressing biological weapons. This coincides with the adoption of UN Security Council Resolution 1540. Through a comprehensive assessment of the adopted national legislation it is possible to see trends and consider the extent to which such legislation seeks to address the BWC or Resolution 1540. The assessment clearly indicates that there is a divergence between the legislation addressing biological weapons in a general manner and legislation specifically seeking to address biological weapons in a terrorism context. This analysis will recognize potential avenues to increase national implementation of the BWC by looking at the progress made in the context of Resolution 1540.
      PubDate: Tue, 25 Jul 2023 00:00:00 GMT
      DOI: 10.1093/jcsl/krad010
      Issue No: Vol. 28, No. 3 (2023)
       
  • Roadblocks to Disarmament in the Nuclear Non-Proliferation Treaty System

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      Pages: 593 - 614
      Abstract: AbstractFor the last five decades, the states parties to the Nuclear Non-Proliferation Treaty (NPT) have come together every 5 years at Review Conferences to explore how they can advance the Treaty’s goals, including the pursuit of nuclear disarmament. Despite lengthy negotiations, the Review Conferences have failed to reach a consensus final document as many times as they have succeeded and even when a final document has been agreed it has contained few tangible gains for those working towards a nuclear weapon free world. This state of affairs played out again in 2022 when the NPT’s 10th Review Conference ended without agreement and with many states decrying the weakness of the disarmament provisions that had been under discussion. It has been common in the aftermath of Review Conferences for academics to consider the contemporary political issues that stymied progress. While such studies are important, it is also necessary to consider what deeper structural issues may be at play in preventing the goal of nuclear disarmament from being advanced in the NPT context. To this end, this article identifies and analyses three key structural issues with the NPT and NPT Review Conferences that create difficulties for those pursuing a nuclear disarmament agenda. First, it explores issues with the scope and content of Article VI and how it has been interpreted by the nuclear weapon states. Secondly, it looks at the difficulties that arise from the commitment to achieving consensus outcomes at the Review Conferences and, thirdly, it considers the limitations of who actually attends and contributes to Review Conferences.
      PubDate: Mon, 21 Aug 2023 00:00:00 GMT
      DOI: 10.1093/jcsl/krad011
      Issue No: Vol. 28, No. 3 (2023)
       
  • Alexander Gilder, Stabilization and Human Security in UN Peace Operations

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      Pages: 615 - 618
      Abstract: GilderAlexander, Stabilization and Human Security in UN Peace Operations, Abingdon: Routledge, 2021, 210pp. ISBN 9780367673949, £96
      PubDate: Mon, 30 Jan 2023 00:00:00 GMT
      DOI: 10.1093/jcsl/krad001
      Issue No: Vol. 28, No. 3 (2023)
       
 
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  Subjects -> MILITARY (Total: 106 journals)
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