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Counter-Insurgency, Human Rights, and the Law of Armed Conflict Federico Sperotto
Human Rights Brief Volume 17 | Issue 1 Article 3 2009 Counter-Insurgency, Human Rights, and the Law of Armed Conflict Federico Sperotto Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Sperotto, Federico. "Counter-Insurgency, Human Rights, and the Law of Armed Conflict." Human Rights Brief 17, no. 1 (2009): 19-23. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Sperotto: Counter-Insurgency, Human Rights, and the Law of Armed Conflict Counter-Insurgency, Human Rights, and the Law of Armed Conflict by Federico Sperotto* introduCtion ounter-insurgency is the dominant aspect in the United States-led Operation Enduring Freedom (OEF) in CAfghanistan, and, since the NATO-led International Security Assistance Force (ISAF) has assumed growing respon- sibility throughout insurgents’ sanctuaries, also a mission for Europeans. According to the U.S. military, insurgency represents an intermediate step in the spectrum of conflict, which ranges from stable peace to general war.1 The frame in which military opera- tions are conducted is known as irregular warfare, a violent struggle among state and non-state actors for legitimacy and influence over a population.2 This form of conflict is charac- terized by three principle activities: insurgency, counter-insur- gency, and unconventional warfare, referring to the avoidance of Association of the Courtesy of the Revolutionary Afghanistan. -
International Humanitarian Law and the Challenges of Contemporary Armed
INTERNATIONAL HUMANITARIAN LAW AND THE CHALLENGES OF CONTEMPORARY ARMED CONFLICTS RECOMMITTING TO PROTECTION IN ARMED CONFLICT ON THE 70TH ANNIVERSARY OF THE GENEVA CONVENTIONS REPORT INTERNATIONAL HUMANITARIAN LAW AND THE CHALLENGES OF CONTEMPORARY ARMED CONFLICTS RECOMMITTING TO PROTECTION IN ARMED CONFLICT ON THE 70TH ANNIVERSARY OF THE GENEVA CONVENTIONS TABLE OF CONTENTS EXECUTIVE SUMMARY ..........................................................................................................................5 CHAPTER 1: INTRODUCTION .................................................................................................................9 CHAPTER 2: CONTEMPORARY AND FUTURE CHALLENGES IN THE CONDUCT OF HOSTILITIES ........15 1. Urbanization of armed conflicts ........................................................................................................ 16 A) The protection of civilians against the effects of hostilities during urban warfare ..................................16 B) The use of explosive weapons in populated areas ....................................................................................................19 C) The protection of the civilian population during sieges .......................................................................................22 2. New technologies of warfare .............................................................................................................26 A) Cyber operations, their potential human cost, and the protection afforded by IHL .................................26 -
Year in Review 2008
United Nations Peace Operations YEAR IN2008 REVIEW asdf TABLE OF CONTENTS 12 ] UNMIS helps keep North-South Sudan peace on track 13 ] MINURCAT trains police in Chad, prepares to expand 15 ] After gaining ground in Liberia, UN blue helmets start to downsize 16 ] Progress in Côte d’Ivoire 18 ] UN Mission in Ethiopia and Eritrea is withdrawn 19 ] UNMIN assists Nepal in transition to peace and democracy 20 ] Amid increasing insecurity, humanitarian and political work continues in Somalia 21 ] After nearly a decade in Kosovo, UNMIK reconfigures 23 ] Afghanistan – Room for hope despite challenges 27 ] New SRSG pursues robust UN mandate in electoral assistance, reconstruction and political dialogue in Iraq 29 ] UNIFIL provides a window of opportunity for peace in southern Lebanon 30 ] A watershed year for Timor-Leste 33 ] UN continues political and peacekeeping efforts in the Middle East 35 ] Renewed hope for a solution in Cyprus 37 ] UNOMIG carries out mandate in complex environment 38 ] DFS: Supporting peace operations Children of Tongo, Massi, North Kivu, DRC. 28 March 2008. UN Photo by Marie Frechon. Children of Tongo, 40 ] Demand grows for UN Police 41 ] National staff make huge contributions to UN peace 1 ] 2008: United Nations peacekeeping operations observes 60 years of operations 44 ] Ahtisaari brings pride to UN peace efforts with 2008 Nobel Prize 6 ] As peace in Congo remains elusive, 45 ] Security Council addresses sexual violence as Security Council strengthens threat to international peace and security MONUC’s hand [ Peace operations facts and figures ] 9 ] Challenges confront new peace- 47 ] Peacekeeping contributors keeping mission in Darfur 48 ] United Nations peacekeeping operations 25 ] Peacekeepers lead response to 50 ] United Nations political and peacebuilding missions disasters in Haiti 52 ] Top 10 troop contributors Cover photo: Jordanian peacekeepers rescue children 52 ] Surge in uniformed UN peacekeeping personnel from a flooded orphanage north of Port-au-Prince from1991-2008 after the passing of Hurricane Ike. -
Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference by Fletcher Schoen and Christopher J
STRATEGIC PERSPECTIVES 11 Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference by Fletcher Schoen and Christopher J. Lamb Center for Strategic Research Institute for National Strategic Studies National Defense University Institute for National Strategic Studies National Defense University The Institute for National Strategic Studies (INSS) is National Defense University’s (NDU’s) dedicated research arm. INSS includes the Center for Strategic Research, Center for Complex Operations, Center for the Study of Chinese Military Affairs, Center for Technology and National Security Policy, Center for Transatlantic Security Studies, and Conflict Records Research Center. The military and civilian analysts and staff who comprise INSS and its subcomponents execute their mission by conducting research and analysis, publishing, and participating in conferences, policy support, and outreach. The mission of INSS is to conduct strategic studies for the Secretary of Defense, Chairman of the Joint Chiefs of Staff, and the Unified Combatant Commands in support of the academic programs at NDU and to perform outreach to other U.S. Government agencies and the broader national security community. Cover: Kathleen Bailey presents evidence of forgeries to the press corps. Credit: The Washington Times Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference By Fletcher Schoen and Christopher J. Lamb Institute for National Strategic Studies Strategic Perspectives, No. 11 Series Editor: Nicholas Rostow National Defense University Press Washington, D.C. June 2012 Opinions, conclusions, and recommendations expressed or implied within are solely those of the contributors and do not necessarily represent the views of the Defense Department or any other agency of the Federal Government. -
World Bank Document
Public Disclosure Authorized ...z w ~ ~ ~ w C ..... Z w ~ oQ. -'w >w Public Disclosure Authorized C -' -ct ou V') Public Disclosure Authorized " Public Disclosure Authorized VIOLENCE PREVENTION A Critical Dimension of Development Background 2 Agenda 4 Participant Biographies 10 Photo Contest Imagining Peace 32 Photo Contest Winners 33 Photo Contest Finalists 36 Conference Organizing Team & Contact Information 43 The Conflict, Crime and Violence team in the Social high levels of violent crime, street violence, do Development Department (SDV) has organized a mestic violence, and other kinds of violence. day and a half event focusing on "Violence Pre vention: A Critical Dimension of Development". Violence takes many forms: from the traditional As the issue of violence crosscuts other agendas protection racket by illegal organizations to the of the World Bank, the objectives of the event are rise of international illegal trafficking (arms, hu to raise World Bank staff's awareness of the link mans, drugs), from gang-based urban violence between violence prevention and development, its and crime to politically-motivated violence fueled relevance for development, and to present the ra by socio-economic grievances. All these forms of tionale for increased attention to violence preven violence concur to erode the well-being of all- and tion and reduction within World Bank operations. more acutely of the poorest - and to stymie devel opment efforts. Social failure, weak institutional Violence has become one of the most salient de capacity and the lack of a legal framework to pro velopmental issues in the global agenda. Its nega tect and guarantee people's safety and rights cre tive impact on social and economic development ate a climate of lawlessness and engender dynam in countries across the world has been well doc ics of state-within-state behavior by increasingly umented. -
Law of War Handbook 2005
LAW OF WAR HANDBOOK (2005) MAJ Keith E. Puls Editor 'Contributing Authors Maj Derek Grimes, USAF Lt Col Thomas Hamilton, USMC MAJ Eric Jensen LCDR William O'Brien, USN MAJ Keith Puls NIAJ Randolph Swansiger LTC Daria Wollschlaeger All of the faculty who have served before us and contributed to the literature in the field of operational law. Technical Support CDR Brian J. Bill, USN Ms. Janice D. Prince, Secretary JA 423 International and Operational Law Department The Judge Advocate General's Legal Center and School Charlottesville, Virginia 22903 PREFACE The Law of War Handbook should be a start point for Judge Advocates looking for information on the Law of War. It is the second volume of a three volume set and is to be used in conjunction with the Operational Law Handbook (JA422) and the Documentary Supplement (JA424). The Operational Law Handbook covers the myriad of non-Law of War issues a deployed Judge Advocate may face and the Documentary Supplement reproduces many of the primary source documents referred to in either of the other two volumes. The Law of War Handbook is not a substitute for official references. Like operational law itself, the Handbook is a focused collection of diverse legal and practical information. The handbook is not intended to provide "the school solution" to a particular problem, but to help Judge Advocates recognize, analyze, and resolve the problems they will encounter when dealing with the Law of War. The Handbook was designed and written for the Judge Advocates practicing the Law of War. This body of law is known by several names including the Law of War, the Law of Armed Conflict and International Humanitarian Law. -
Private Military Contractors, War Crimes and International Humanitarian Law
64 PRIVATE MILITARY CONTRACTORS, WAR CRIMES AND INTERNATIONAL HUMANITARIAN LAW Chukwuma Osakwe, Nigerian Defence Academy, and Ubong Essien Umoh, University of Uyo Abstract The end of the Cold War witnessed the growth and spread of legally established private military contractors (PMCs) playing largely undefined roles in wars, international security and post-conflict reconstruction. The operations of PMCs in Iraq and Afghanistan in the 21st century have been marked by gross human rights abuses and poor treatment and torture of prisoners of war (POWs). Indeed, PMCs are likely to step outside their contractual obligations and commit criminal acts. This article adds to the literature on the subject by arguing that the elusiveness of PMCs’ individual or corporate responsibility for war crimes presents one of the greatest challenges for international humanitarian law (IHL). This presents a dilemma for IHL, which seeks to address individual offences. The situation becomes even more complicated when non-governmental organisations (NGOs) and multinational corporations (MNCs) are involved in the use of PMCs. Introduction Security and military-related services have largely remained the preserve of the state. At the end of the Cold War, a large number of trained soldiers were made redundant. As such most states outsourced most states outsourcing some of their defence and security functions to PMCs principally for cost-effective and sometimes political considerations. This invariably resulted in an unprecedented upsurge in the privatisation of the conduct of war carried out by PMCs1 with their services often integrated into the operating procedures of government, international organisations, and multinational companies undertaking a range of activities that previously would have been the responsibility of state militaries. -
Report June 2015
Report June 2015 The case for contact: overcoming the challenges and dilemmas of official and non-official mediation with armed groups By Juan Garrigues1 Executive summary The role of mediators in armed conflicts is becoming increasingly difficult. With many of today’s conflicts taking place in murky contexts of non-conventional violence, where the state is weak and multiple armed groups operate with diverse agendas, mediators are faced with many challenges. Not only is it more difficult to understand the rapidly changing contexts in which violence is taking place, as well as the internal structures and illicit interests of the actors involved, but a range of complex issues are now emerging. Due to their political constraints, the official mediators that lead peace efforts (governments, and regional and international organisations such as the UN) are increasingly working alongside non-official mediators (NGOs, insider mediators, religious and humanitarian actors, etc.) to overcome these challenges, in particular in engaging armed groups. However, the role of non-official mediators entails a new series of dilemmas requiring careful attention. Beyond the question of coherence and coordination in peace efforts, the array of actors currently involved in mediation in armed conflicts generates other significant risks. This report explores the challenges of mediating in today’s armed conflicts and episodes of non- conventional violence, the role of official and non-official mediators, the risks and dilemmas that these different roles imply, and what basic guidelines are needed in the future. The challenges of mediating in today’s either the political or the security risks of regularly engag- armed conflicts ing with such a broad range of actors, some of whom are Libya, mid-June 2015: while UN-led talks take place in known for their dubious interests and criminal methods. -
Understanding Cyberwarfare Lessons from the Russia-Georgia War
Understanding Cyberwarfare Lessons from the Russia-Georgia War Sarah P. White March 20, 2018 Understanding Cyberwarfare: Lessons from the Russia-Georgia War Capt. Sarah P. “Sally” White is a cyberspace operations officer in the US Army. She is currently pursuing her PhD in the Harvard Department of Government, where her research interests include military innovation and comparative cyberspace doctrine. She has served in the 82nd Airborne Division and the 780th Military Intelligence Brigade (Cyber). Following graduate school, she will serve as an instructor in the West Point Department of Social Sciences. Understanding Cyberwarfare: Lessons from the Russia-Georgia War Cyberattacks had become an established tool attacks, with the highest levels of online of statecraft by the time they were used against activity coinciding with the Russian invasion of the Republic of Georgia in the summer of South Ossetia on August 8, 9, and 10.3 Even the 2008, albeit one without a legal framework and National Bank of Georgia had to suspend all 4 whose long-term implications remained poorly electronic services from August 8–19. While 1 understood. Nevertheless, the war between there is strong political and circumstantial Russia and Georgia that took place in August of evidence that the attacks were encouraged by that year was remarkable for its inclusion of a the Russian state, definitive technical series of large-scale, overt cyberspace attacks attribution—and thus definitive legal that were relatively well synchronized with culpability—have remained elusive. conventional military operations. Conducted The cyberattacks had little effect on by an army of patriotic citizen hackers, the conventional forces and were not decisive to 5 cyber campaign consisted of distributed denial the outcome of the conflict, but they of service (DDoS) attacks and website nevertheless offer significant lessons on the defacements that were similar in nature but character of modern warfare for scholars of different in method to what had occurred in conflict and military studies. -
European Identity
Peaceful, prosperous, democratic and respectful of people’s rights, building talk about Europe need to We Europe is an ongoing challenge. For many years it seemed that Europeans lived on a continent of shared values and a common destiny. No one paid attention to the alarm bells warning of growing divisions across the continent, which have become more insistent since the economic and social crisis. Europe and We need to talk its values, previously taken for granted, are now being contested. These clouds are casting a shadow across Europe’s future, and old demons, long dormant, have started to raise their voices again. about Europe With a deepening values divide there is an urgent need for public debate and a reconsideration of how Europeans can strengthen the European project. Is a “Europe united in diversity” still feasible? Can a consensus be forged on a set of values pertaining to a common European identity? What should be done to preserve European unity? The Council of Europe, with its membership covering Europe from Vladivostok to Lisbon and from Reykjavik to Ankara, and its mission to promote democracy, human rights and the rule of law, provides an excellent framework for discuss- ing the current state of thinking and dynamics behind the concept of European identity. For these reasons, the Council of Europe, together with the École nationale d’administration in Strasbourg, held a series of European Identity Debates fea- turing eminent personalities from a variety of backgrounds including politics, civil society, academia and the humanities. European Identity This publication presents the 10 European Identity Debates lectures. -
Elite Police Unit Takes Shape
Vol. 5, No.UNMIL 01 FOCUS September - November 2008 Elite Police Unit Takes Shape Rice, More Rice? - Exclusive Interview Together as One MARTTI AHTISAARI Message from the Special Representative of the Secretary-General urgent security incidents, and to give Liberia. She urged Member States to con- operational support to the Liberia tinue to support UNMIL until peace is National Police. properly consolidated in Liberia to pre- The government of Liberia has taken vent a relapse into conflict as has hap- commendable steps since the end of the pened elsewhere in the world. civil war in spurring economic growth As Liberia emerges, slowly but and improving public financial adminis- steadily, as an inspirational story of how tration and better management of the a shattered nation can put its troubled country’s natural resources. The past behind and embrace a promising Government of Liberia and the UN future, the international community must Country Team are working together to continue to assist the nation’s develop- ensure the successful implementation of ment efforts as peace without develop- the Poverty Reduction Strategy (PRS), ment is unsustainable. Moreover, eco- the blueprint for the country’s current nomic and infrastructural development is development agenda. crucial for reducing the high level of Some progress has also been made in unemployment, especially among the strengthening and rebuilding national youth, who are most vulnerable and sus- security institutions. Efforts aimed at ceptible to detracting factions. turning the Liberia National Police into a UNMIL remains committed to fulfill- fully independent and operational institu- ing our mandate to maintain peace and briefed the UN Security Council in tion are continuing and capacity-building stability in Liberia at this critical stage in September on the Secretary- initiatives are being implemented to tack- the country’s peace building process. -
Realizing Kosova's Independence
realizing kosova ’s independence david l. p hillips May 1, 2010 Our M ission The National Committee on American Foreign Policy was founded in 1974 by Professor Hans J. Morgenthau and others. It is a nonprofit, activist organization dedicated to the resolution of conflicts that threaten U.S. interests. Toward that end, the National Committee identifies, articulates, and helps advance American foreign policy interests from a nonpartisan perspective within the framework of political realism. American foreign policy interests include • preserving and strengthening national security; • supporting countries committed to the values and the practice of political, religious, and cultural pluralism; • improving U.S. relations with the developed and developing worlds; • advancing human rights; • encouraging realistic arms-control agreements; • curbing the proliferation of nuclear and other unconventional weapons; • promoting an open and global economy. Believing that an informed public is vital to a democratic society, the National Committee offers educational programs that address security challenges facing the United States and publishes a variety of publications, including its bimonthly journal, American Foreign Policy Interests. CONTENTS Acronyms . 2 Section I: Introduction . 3 Section II: Progress . 4 Section III: Problems . 6 Section IV: International Cooperation . 9 Section V: Recommendations . 10 Section VI: Methodology . 14 Section VII: About the Author . 14 ACRONYMS Alliance for the Future of Kosova . AAK Democratic League of Kosova . LDK Democratic Party of Kosova . PDK European Bank for Reconstruction and Development . EBRD European Commission . EC European Parliament . EP European Union . EU European Rule of Law Mission . EULEX Fiscal Year . FY Foreign Direct Investment . FDI Government of Kosova . GoK Gross Domestic Product . GDP Interim Strategy Note .