DOCSLIB.ORG

Politica La Passione Per Le Conoscenze

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Politica La Passione Per Le Conoscenze 3000.169 29-05-2012 14:30 Pagina 1 3000.169 International Humanitarian Law International Institute of Humanitarian Law and New Weapon Technologies Although there can be no doubt that International Humanitarian Law applies to International Institute of Humanitarian Law International Institute of Humanitarian Law Institut International de Droit Humanitaire new weaponry and technological developments, subsuming a new technology Istituto Internazionale di Diritto Umanitario under pre-existing rules always raises the question as to whether or not this is sufficient in terms of legal clarity, in view of the specific characteristics of new technology and – above all – the humanitarian impact such technology may have. The book comprises a series of contributions by prominent scholars, experts and practitioners from different countries who extensively explore the legal aspect of an array of new weapons and military technologies that have only International Humanitarian recently entered the battlefield or that are now being tested with a view to being used for military purposes in the future. These not only include drones, robots and military outer space technologies but also cyber-technology and other Law and New Weapon devices and technologies, all of which raise important legal questions and humanitarian concerns. Technologies The International Institute of Humanitarian Law is an independent, non-profit humanitarian organization founded in 1970. Its headquarters are situated in Villa Ormond, Sanremo (Italy). Its main objective is the promotion and dissemination of International Humanitarian Law, human rights, refugee law and migration law. Thanks to its longstanding experience and its internationally acknowledged academic standards, the International Institute of Humanitarian Law is considered to be a centre of excellence and has developed close co-operation with the most important AND NEW WEAPON TECHNOLOGIES LAW HUMANITARIAN INTERNATIONAL international organizations. STUDI FrancoAngeli Politica La passione per le conoscenze € 25,00 (u) FrancoAngeli 3000.169 29-05-2012 14:30 Pagina 1 3000.169 International Humanitarian Law International Institute of Humanitarian Law and New Weapon Technologies Although there can be no doubt that International Humanitarian Law applies to International Institute of Humanitarian Law International Institute of Humanitarian Law Institut International de Droit Humanitaire new weaponry and technological developments, subsuming a new technology Istituto Internazionale di Diritto Umanitario under pre-existing rules always raises the question as to whether or not this is sufficient in terms of legal clarity, in view of the specific characteristics of new technology and – above all – the humanitarian impact such technology may have. The book comprises a series of contributions by prominent scholars, experts and practitioners from different countries who extensively explore the legal aspect of an array of new weapons and military technologies that have only International Humanitarian recently entered the battlefield or that are now being tested with a view to being used for military purposes in the future. These not only include drones, robots and military outer space technologies but also cyber-technology and other Law and New Weapon devices and technologies, all of which raise important legal questions and humanitarian concerns. Technologies The International Institute of Humanitarian Law is an independent, non-profit humanitarian organization founded in 1970. Its headquarters are situated in Villa Ormond, Sanremo (Italy). Its main objective is the promotion and dissemination of International Humanitarian Law, human rights, refugee law and migration law. Thanks to its longstanding experience and its internationally acknowledged academic standards, the International Institute of Humanitarian Law is considered to be a centre of excellence and has developed close co-operation with the most important AND NEW WEAPON TECHNOLOGIES LAW HUMANITARIAN INTERNATIONAL international organizations. STUDI FrancoAngeli Politica La passione per le conoscenze € 25,00 (u) FrancoAngeli International Institute of Humanitarian Law Institut International de Droit Humanitaire Istituto Internazionale di Diritto Umanitario International Humanitarian Law and New Weapon Technologies 34th Round Table on Current Issues of International Humanitarian Law (Sanremo, 8th-10th September 2011) Editor Wolff Heintschel von Heinegg Associated Editor Gian Luca Beruto FrancoAngeli Prof. Wolff Heintschel von Heinegg is professor of public international law at the Europa- Universität Viadrina, Frankfurt (Oder), Germany, where he also serves as the university’s Vice-President. Professor Heintschel von Heinegg has been a member of the International Institute of Humanitarian Law’s Council since 2007. Mr. Gian Luca Beruto has a degree in International Political Science and is currently as- sistant to the Secretary-General of the International Institute of Humanitarian Law. In 2005 and 2006, he participated in a United Nations Peacekeeping mission in the Demo- cratic Republic of Congo (MONUC) as part of the UN programme for disarmament. The International Institute of Humanitarian Law would like to thank Mrs Shirley Morren, librarian of the Institute, who was both involved in the painstaking task of proof reading. Copyright © 2012 by International Institute of Humanitarian Law Stampa: Tipomonza, via Merano 18, Milano. Table of Content Acknowledgements pag. 9 Preface Fausto Pocar » 11 I. Opening session Opening remarks Maurizio Moreno » 15 Welcome address Giovanni Berrino » 21 Keynote address Jakob Kellenberger » 23 Statement Peter Maurer » 29 Vincenzo Camporini » 33 Betty E. King » 35 Carmine De Pascale » 37 Laura Mirachian » 41 Francesco Rocca » 43 5 II. Legal and operational impact of technology on modern warfare Setting the scene: new challenges for IHL Michael Bothe pag. 51 New technologies: science fiction or real world? Theresa Hitchens » 57 Impact on military strategy, capability development and doctrine Erwin Dahinden » 64 New conflicts, new technologies: the challenge of the protection of the civilian population Soad Shalaby » 74 III. Old weapons and new technologies. How new technologies enhance traditional weapons and weapon systems Kinetic and non-kinetic energy weapons: a marriage made in heaven? Stuart Casey-Maslen » 83 Satellite technology and humanitarian law Joshua Cowan Lyons » 87 IV. Robots, remote-controlled and autonomous weapon systems Ethics and artificial intelligence Ronald Arkin » 95 Operational advantages and risks in the use of UAVs Eugene Miasnikov » 104 Drones proliferation and protection of civilians Noel Sharkey » 108 Autonomous systems: precautions in attacks William H. Boothby » 119 6 Non-lethal capabilities – a double-edged sword Richard Froh pag. 125 V. Cyber warfare Operational reality of cyber warfare Herb Lin » 137 Cyber warfare: is there a need for new law? Matthew Waxman » 144 How to integrate cyber defence into existing defence capabilities Suleyman Anil » 148 Humanitarian aspects of cyber warfare Robin Geiss » 153 VI. New technologies: the way ahead Law, technology and the conduct of hostilities in space Michel Bourbonnière » 159 Law at cyberspeed: answering military cyber operators’ legal questions Gary Brown » 166 Towards a code of conduct for cyber space Nils Melzer » 171 Discriminate, precise, proportional Yedidia Yaari » 175 Concluding remarks Philip Spoerri » 179 Wolff Heintschel von Heinegg » 183 Acronyms » 187 7 Acknowledgements L’Istituto Internazionale di Diritto Umanitario ringrazia vivamente i patrocinio per la Tavola Rotonda. The International Institute of Humanitarian Law warmly thanks contribution or their patronage on the occasion of this Round Table. L’Institut International de Droit Humanitaire tient à remercier les bien leur patronage à l’occasion de cette Table Ronde. banda dipartimentale della marina british red cross camera di commercio di imperia casinò di sanremo comité international de la croix-rouge comune di sanremo croce rossa italiana croix-rouge monégasque département fédéral des affaires etrangères, suisse istituto affari internazionali ministero degli affari esteri, italia ministero della difesa, italia ministry of foreign affairs, norway north atlantic treaty organization qatar red crescent regione liguria 9 Preface Contemporary armed conflicts have increasingly seen the emergence not only of new actors but also of new armament technologies, which have resulted from the continuous technological development in the field of defence. From new robotic technologies to cyber-attack, passing through drones, energy weapons, satellite technology and space weapons – science fiction or not – radical changes have occurred in the definition of battlefields, fighting and combatants, and new challenges have arisen with respect to the applicability and the effective application of well established principles of International Humanitarian Law. The XXXIV Round Table on current issues on International Humanitarian Law, organised by the Sanremo Institute in collaboration with the International Committee of the Red Cross, gathered distinguished academics, legal experts, military commanders and government officials for an in depth discussion of the legal and operational impact of technology on modern warfare, with a special emphasis on the legal questions and humanitarian concerns related to the use of robots and the new threats involved in cyber warfare. In publishing the proceedings of the Round Table,
Load more

Recommended publications
  • HD in 2020: Peacemaking in Perspective → Page 10 About HD → Page 6 HD Governance: the Board → Page 30
    June 2021 EN About HD in 2020: HD governance: HD → page 6 Peacemaking in perspective → page 10 The Board → page 30 Annual Report 2020 mediation for peace www.hdcentre.org Trusted. Neutral. Independent. Connected. Effective. The Centre for Humanitarian Dialogue (HD) mediates between governments, non-state armed groups and opposition parties to reduce conflict, limit the human suffering caused by war and develop opportunities for peaceful settlements. As a non-profit based in Switzerland, HD helps to build the path to stability and development for people, communities and countries through more than 50 peacemaking projects around the world. → Table of contents HD in 2020: Peacemaking in perspective → page 10 COVID in conflict zones → page 12 Social media and cyberspace → page 12 Supporting peace and inclusion → page 14 Middle East and North Africa → page 18 Francophone Africa → page 20 The Centre for Humanitarian Dialogue (HD) is a private diplomacy organisation founded on the principles of humanity, Anglophone and Lusophone Africa → page 22 impartiality, neutrality and independence. Its mission is to help prevent, mitigate and resolve armed conflict through dialogue and mediation. Eurasia → page 24 Centre for Humanitarian Dialogue (HD) Asia → page 26 114 rue de Lausanne, 1202 – Geneva, Switzerland Tel: +41 (0)22 908 11 30 Email: [email protected] Latin America → page 28 Website: www.hdcentre.org Follow HD on Twitter and Linkedin: https://twitter.com/hdcentre https://www.linkedin.com/company/centreforhumanitariandialogue Design and layout: Hafenkrone © 2021 – Centre for Humanitarian Dialogue About HD governance: Investing Reproduction of all or part of this publication may be authorised only with written consent or acknowledgement of the source.
    [Show full text]
  • WOMEN & WAR Women & Armed Conflicts and the Issue of Sexual
    European Union Institute for Security Studies WOMEN & WAR Women & Armed Conflicts and the issue of Sexual Violence REPORT Colloquium ICRC – EUISS, 30 September 2014 WWW.ICRC.ORG WWW.ISS.EUROPA.EU pàl_COLLOQUE_2.indd 2 25/04/10 20:10 This report derives from a colloquium on the theme of “Women and Armed Conflicts and the Issue of Sexual Violence” organized jointly by the International Committee of the Red Cross (ICRC) and the European Union Institute for Security Studies (EUISS) which took place on 30 September 2014 in Brussels. The proceedings of this colloquium have been written by the speakers or by the Delegation of the ICRC in Brussels on the basis of audio recordings of the colloquium. The opinions expressed herein are not necessarily those of the EUISS nor the ICRC. International Committee of the Red Cross (ICRC) Delegation to the EU, NATO and the Kingdom of Belgium Rue Guimard 7 1040 Brussels, Belgium tél. : +32 (0)2 286 58 70 [email protected] http://www.icrc.org/be Graphic Design by Studio Fifty Fifty, Brussels © ICRC, June 2015 Front cover : ICRC / VON TOGGENBURG, Christoph Printed in Waregem on 100% recycled paper by PrintConcept.be WOMEN & WAR Women & Armed Conflicts and the issue of Sexual Violence REPORT Colloquium ICRC – EUISS, 30 September 2014 CONTENTS INTRODUCTION 5 OPENING 6 WELCOMING WORDS Dr Antonio Missiroli, Director of the EUISS, Mr François Bellon, Head of the ICRC Delegation to the EU, NATO and Kingdom of Belgium KEYNOTE ADDRESSES Ms Helga Schmid, Deputy Secretary General of the European External Action
    [Show full text]
  • The Human Cost of Nuclear Weapons
    The human cost Autumn 2015 97 Number 899 Volume of nuclear weapons Volume 97 Number 899 Autumn 2015 Volume 97 Number 899 Autumn 2015 Editorial: A price too high: Rethinking nuclear weapons in light of their human cost Vincent Bernard, Editor-in-Chief After the atomic bomb: Hibakusha tell their stories Masao Tomonaga, Sadao Yamamoto and Yoshiro Yamawaki The view from under the mushroom cloud: The Chugoku Shimbun newspaper and the Hiroshima Peace Media Center Tomomitsu Miyazaki Photo gallery: Ground zero Nagasaki Akitoshi Nakamura Discussion: Seventy years after Hiroshima and Nagasaki: Reflections on the consequences of nuclear detonation Tadateru Konoé and Peter Maurer Nuclear arsenals: Current developments, trends and capabilities Hans M. Kristensen and Matthew G. McKinzie Pursuing “effective measures” relating to nuclear disarmament: Ways of making a legal obligation a reality Treasa Dunworth The human costs and legal consequences of nuclear weapons under international humanitarian law Louis Maresca and Eleanor Mitchell Chemical, biological, radiological or nuclear events: The humanitarian response framework of the International Committee of the Red Cross Gregor Malich, Robin Coupland, Steve Donnelly and Johnny Nehme Humanitarian debate: Law, policy, action The use of nuclear weapons and human rights The human cost of nuclear weapons Stuart Casey-Maslen The development of the international initiative on the humanitarian impact of nuclear weapons and its effect on the nuclear weapons debate Alexander Kmentt Changing the discourse on nuclear weapons: The humanitarian initiative Elizabeth Minor Protecting humanity from the catastrophic humanitarian consequences of nuclear weapons: Reframing the debate towards the humanitarian impact Richard Slade, Robert Tickner and Phoebe Wynn-Pope An African contribution to the nuclear weapons debate Sarah J.
    [Show full text]
  • Mediation for Peace
    MEDIATION FOR PEACE The Centre for Humanitarian Dialogue (HD) is a private diplomacy organisation PHOTO CREDITS founded on the principles of humanity, impartiality, neutrality and independence. Its mission is to help prevent, mitigate, and resolve armed conflict through dialogue Page 4: Photo of Mr Espen Barth Eide. © HD - Photo credit: Alban Kakulya and mediation. Page 14: David Gorman in Indonesia. © HD Page 14: Oslo Forum banner. © HD Centre for Humanitarian Dialogue (HD) 114 rue de Lausanne, 1202 – Geneva, Switzerland Page 14: JEM and UNICEF Agreement. © HD Tel: +41 (0)22 908 11 30 Page 15: Nakuru County Peace Accord. © HD Email: [email protected] Page 15: Signing of the Tunisian Charter of Honour. © HD Website: www.hdcentre.org Page 16: HD Villa. © HD Follow HD on Twitter and Linkedin: Page 16: Member of Libyan forces. © Reuters/Esam Omran https://twitter.com/hdcentre Page 17: Government and Renamo sign a peace accord to end military hostilities. https://www.linkedin.com/company/centreforhumanitariandialogue © EPA-EFE/Andre Catueira Page 17: BOL Presentation to MILF, Duterte. © Government of the Philippines Cover images: Pages 35: Photo of Mr Espen Barth Eide. © HD – Photo credit: Alban Kakulya Front – Community mediator in the Sahel region. © HD Page 35: Photo of Mr Pierre Vimont. © Ministère français des Affaires étrangères Back – Demonstration against President Daniel Ortega in Nicaragua to demand the Page 36: Photo of Ms Sarah F. Cliffe. © Center on International Cooperation liberation of all political prisoners. © EPA-EFE/Jorge Torres Page 36: Photo of Mr Neil Janin. © HD – Photo credit: Alban Kakulya Design and layout: Rick Jones, StudioExile Page 36: Photo of Mr Armin Slotta.
    [Show full text]
  • HD Centre Annual Report 2012
    The Centre for Humanitarian Dialogue (HD Centre) is an independent organisation dedicated to improving the prevention of, and response to, armed conflict. We open channels of communication and mediate between parties in conflict, facilitate dialogue, and provide support to the broader mediation and peacebuilding community. We deploy our expertise to support local and nationally-owned processes that protect civilians and foster lasting and just peace. The HD Centre occupies a unique position within the mediation field as an organisation that mediates and facilitates peace talks, assists mediation actors, carries out capacity building work, and conducts research on mediation issues. This position enables us to link and collaborate with multiple organisations and actors within the mediation field. The HD Centre was founded to pursue Henry Dunant’s vision of a world more humane. It aims, through mediation and dialogue, to reduce the suffering caused by armed conflict in our world – where possible, to prevent such conflict; otherwise to help resolve it, or to mitigate its consequences. The HD Centre embraces a set of values that foster integrity, professionalism and respect for diversity in all areas of its work. We subscribe to the core humanitarian principles of humanity, impartiality and operational independence and are committed to respecting international principles in relation to human rights and humanitarian affairs. As a private peacemaking organisation, our strengths and distinguishing traits include the ability to conduct mediation at the leadership level of parties in conflict; Political independence and impartiality so valued in third parties; Rapid, flexible response and the effective management of discreet processes; Readiness to support other lead mediators; Relationships with high-level networks, particularly in Asia and Africa; Creativity and willingness to take risks for peace; and capacity to convene.
    [Show full text]
  • Detention of Terrorism Suspects After 9/11
    Article The Power To Detain: Detention of Terrorism Suspects After 9/11 Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts & Sirine Shebayat I. INTRO DU CTIO N ................................................................................................................................. 124 II. LAW-OF-WAR DETENTION AUTHORITY AND LIMITATIONS...........................................................128 A. Statutory Authority ........................................................................................................... 129 1. The 2001 Authorization for Use ofMilitary Force..............................................1 29 a. September 11 Nexus Requirement............................................................130 b. Geographic Reach .................................................................................... 132 c. Included Organizations and Associated Forces......................................134 d. Level ofIndividual Affiliation .................................................................. 136 2. The 2002 Authorization for Use of Military Force Against Iraq.........................140 3. Pendent Authority To Detain Under the Military Commissions Act of2009..142 B. Constitutional Authority: The President's Article H Power To Detain...........................146 1. Source ofArticle II Detention Authority .............................................................. 146 2. Scope ofArticle II Detention Authority................................................................148 III.
    [Show full text]
  • Detention of Terrorists in the Twenty-First Century
    xv Detention of Terrorists in the Twenty-first Century William K. Lietzau· 1. Introduction f all the instruments of power that may be employed to further national in­ O terests, nonc yields collateral consequences that are more difficult to pre­ dict than the unleashing of military force. And with respect to the past decade's use of that instrument, no consequence has engendered more debate, confusion or passion than U.S. detention policy. This article attempts to clarify the reasons for the controversy surrounding the policy--expJaining it primarily as a function of the nature of twenty-fiest-century warfare, as opposed to competing political or ideological perspectives, as many claim. It then proffers a vision fo r moving past the controversy. At firs t, few recognized the juridical stressors associated with a twenty-first­ century armed conflict steeped in terrorism; most simply looked to old laws to ad­ dress this new type of conilict. In this context a rift began to form and grew ever wider with the years of conflict.] Today, even many nations willing to share with the United States the burdens of armed conilict have expressed significant dis­ comfort with U.S. JegaJ endeavors related to detention.2 This dissonance and the • Deputy Assistant SecretaryofDefense, Rule of Law and Detainee Policy. This article is adapted from a speech given at Harvard University Law School in February 2011 at a conference titled KUnderstanding Detention and Predicting Prosecutions: Legal Challenges and Legislative Op· tions Ten Years After WIl. D The views in this article are those of the author and do not necessar· ily reflect the views of the Department of Defense or the United States government.
    [Show full text]
  • Speaking out Or Remaining Silent in Humanitarian Work
    RICR SEPTEMBRE IRRC SEPTEMBER 2004 VOL. 86 N° 855 593 Speaking out or remaining silent in humanitarian work JAKOB KELLENBERGER* The question of whether — and if so, to what extent — a humanitar- ian organization should publicize and denounce violations of international humanitarian law and other wrongs, and name those responsible for them, is as acute as ever — particularly for the ICRC, as the examples given by Michael Ignatieff in Hard Choices1 or by Jonathan Benthall in Disasters, Relief and the Media1 show. There are reasons for this, and an attempt must be made to explain them. From time to time public or published statements by the ICRC also dominate the political arena. While unintentionally becoming caught up in the cut and thrust of political debate, they also show how the ICRC operates in the complex world of tension between political interests and humanitarian concerns. Hence the subject may also give an unusual insight into the work of the ICRC and the conditions under which it is carried out. Specificity of the ICRC The ICRC is one of many humanitarian organizations, which differ greatly from each other in terms of how they operate and where they are deployed. The sharp increase in such organizations is part of the changing humanitarian environment of recent times. However, the ICRC, with around 12,000 staff— more than 11,000 of whom are out in the field in areas of armed conflict or tension and elsewhere — is a large organization with a number of specific features. In the international humanitarian law treaties the various States have expressly assigned certain tasks to the ICRC, either exclusively or together with other unspecified humanitarian organizations.
    [Show full text]
  • Annual Report the Centre for Humanitarian Dialogue in 2017
    The Centre for Humanitarian Dialogue in 2017 Annual Report Credits The Centre for Humanitarian Dialogue (HD) is a pri- vate diplomacy organisation founded on the principles of humanity, impartiality and independence. Its mission is to help prevent, mitigate, and resolve armed conflict through dialogue and mediation. Centre for Humanitarian Dialogue (HD) 114 rue de Lausanne, 1202 – Geneva, Switzerland Tel: +41 (0)22 908 11 30 Email: [email protected] Website: www.hdcentre.org Follow HD on Twitter and LinkedIn: https://twitter.com/hdcentre https://www.linkedin.com/company/ centreforhumanitariandialogue Cover photo: © HD © 2018 – Centre for Humanitarian Dialogue Reproduction of all or part of this publication may be authorised only with written consent and acknowledgment of the source. Board photo credits Page 33: Photo of Mr Pierre Vimont – © Ministère français des Affaires étrangères Page 33: Photo of Mr Espen Barth Eide – © HD – Photo credit: Alban Kakulya Page 34: Photo of Mr Jermyn Brooks – © Transparency International Page 34: Photo of Mr Neil Janin – © HD – Photo credit: Alban Kakulya Page 34: Photo of Ms Grace Forrest – © Minderoo Foundation Page 35: Photo of Ms Ameerah Haq – © United Nations Page 35: Photo of Dr Jakob Kellenberger – © HD – Photo credit: Alban Kakulya Page 35: Photo of Ms Irene Khan – © IDLO Page 35: Photo of Ambassador Raymond Loretan – © Olivier Maire Page 36: Photo of Dr 'Funmi Olonisakin – © HD – Photo credit: Alban Kakulya Page 36: Photo of Mr Olivier Steimer – © HD – Photo credit: Clément Rousset/Studio Contraste Page 36: Photo of Dr Javier Solana – © Reuters/ Thierry Roge Contents Table of Contents The Centre for Humanitarian Dialogue Mediation for Peace ...............................................................................................................................................................
    [Show full text]
  • Customary International Humanitarian Law International Committee of the Red Cross CUSTOMARY INTERNATIONAL HUMANITARIAN LAW
    Customary International Humanitarian Law Volume I: Rules Henckaerts and In 1996, the International Committee of the Red Cross, alongside a range of Doswald-Beck Customary International renowned experts, embarked upon a major international study into current state practice in international humanitarian law in order to identify customary law in this area. This book (along with its companion, Volume II: Practice) is the result of Humanitarian Law that study, a comprehensive analysis of the customary rules of international Customary humanitarian law applicable in international and non-international armed International conflicts. Given that important treaties in this area have not yet been universally Volume I: Rules Humanitarian ratified, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the com- Law mon core of international humanitarian law binding on all parties to all armed Volume I: Rules conflicts. This original, authoritative work will be an essential tool for anyone involved with international humanitarian law. Jean-Marie Henckaerts Jean-Marie Henckaerts and Louise Doswald-Beck is Legal Adviser at the Legal Division of the International Committee of the Red Cross in Geneva. Louise Doswald-Beck is Professor at the Graduate Institute of International Studies and Director of the University Centre for International Humanitarian Law in Geneva. She was formerly Secretary-General of the International Commission of Jurists and Head of the
    [Show full text]
  • ARTICLE Folk International Law: 9/11 Lawyering and the Transformation of the Law of Armed Conflict to Human Rights Policy and Human Rights Law to War Governance
    2014 / Folk International Law 225 ARTICLE Folk International Law: 9/11 Lawyering and the Transformation of the Law of Armed Conflict to Human Rights Policy and Human Rights Law to War Governance __________________________ Naz K. Modirzadeh* Abstract This Article argues that the positions many U.S.-based lawyers in the disciplines of international humanitarian law and human rights law took in 2013 on issues of lethal force and framing of armed conflict vis-à-vis the Obama Administration would have been surprising and disappointing to those same professionals back in 2002 when they began their battle against the Bush Administration’s formulations of the “Global War on Terror.” In doing so, the Article demonstrates how, by 2013, many U.S.-based humanitarian and human rights lawyers—in the face of a perceived existential threat to their relevance from the Bush Administration’s general rejection of international law as a binding constraint in the “Global War on Terror”—had traded in strict fealty to international law for potential influence on executive decision-making. These lawyers and advocates would help to shape the Obama Administration’s articulation of its legal basis for the use of force against al Qaeda and others by making use of “folk international law,” a law-like discourse that relies on a confusing and soft admixture of IHL, jus ad bellum, and IHRL to frame operations that do not, * Senior Fellow, Harvard Law School-Brookings Project on Law and Security. B.A., University of California at Berkeley, 1999; J.D., Harvard Law School, 2002. The author would like to thank Dustin Lewis, Gabriella Blum, Marko Milanovic, William Alford, Jonathan Horowitz, Andrew March, Michael Schmitt, Janet Halley, the Harvard Law School International Law Workshop, 2011, The Columbia Law School Human Rights Institute Counterterrorism & Human Rights Project, and the Editors of the Harvard National Security Journal.
    [Show full text]
  • Conference Respect for International Humanitarian Law. a Major
    Check against delivery Conference Respect for International Humanitarian Law. A major challenge, a global responsibility Speaking notes of Dr Jakob Kellenberger, President of the International Committee of the Red Cross Tuesday 16 September 2008 European Parliament, Brussels Mr. Chairman, Excellencies, Ladies and Gentlemen, (1) I thank Commissioner Louis Michel, Mr. Hans-Gert Pötering, President of the European Parliament, and M. Thierry Cornillet, Standing Rapporteur on Humanitarian Aid, for their invitation to attend this important Conference on the theme Respect for International Humanitarian Law: a major challenge, a global responsibility. (2) The promotion and strengthening of international humanitarian law are central concerns of the International Committee of the Red Cross (ICRC), in its capacity and international mandate to work for the faithful application of international humanitarian law. This role has many facets, including the dissemination of international humanitarian law and the promotion of ratification of relevant treaties, the monitoring of respect of humanitarian law by the parties to an armed conflict, as well as the preparation of new developments in this field. For the ICRC, an institution that is active in all conflict theatres around the world, the main challenge today is without a doubt the proper application of and respect for IHL by the belligerents, States and non-State armed groups. We sadly live in a world in which reports of direct attacks against civilians, of forced displacement, and of mistreatment of
    [Show full text]