Law of Belligerent Occupation
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
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. -
Art in Wartime
Activity: Saving Art during Wartime: A Monument Man’s Mission | Handouts Art in Wartime: Understanding the Issues At the age of 37, Walter Huchthausen left his job as a professor at the University of Minnesota and a designer and architect of public buildings to join the war efort. Several other artists, architects, and museum person- nel did the same. In December 1942, the director of the Metropolitan Museum of Art in New York, Francis Taylor, heard about the possibility of serving on a team of specialists to protect monuments in war zones. He wrote : “I do not know yet how the Federal Government will decide to organize this, but one thing is crystal clear; that we will be called upon for professional service, either in civilian or military capacity. I personally have ofered my services, and am ready for either.” Do you think it was a good use of U.S. resources to protect art? What kinds of arguments could be advanced for and against the creation of the MFAA? Arguments for the creation of the MFAA: Arguments against the creation of the MFAA: Walter Huchthausen lost his life trying to salvage an altarpiece in the Ruhr Valley, Germany. What do you think about the value of protecting art and architecture in comparison to the value of protecting a human life? Arguments for use of human lives to protect art during war: ABMCEDUCATION.ORG American Battle Monuments Commission | National History Day | Roy Rosenzweig Center for History and New Media Activity: Saving Art during Wartime: A Monument Man’s Mission | Handouts Arguments against the use of human lives to protect art during war: Germany had purchased some of the panels of the famous Ghent altarpiece (above) before World War I, then removed other panels during its occupation of Belgium in World War I. -
Law of Armed Conflict
Lesson 1 THE LAW OF ARMED CONFLICT Basic knowledge International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org Original: English – June 2002 INTRODUCTION TO THE LAW OF ARMED CONFLICT BASIC KNOWLEDGE LESSON 1 [ Slide 2] AIM [ Slide 3] The aim of this lesson is to introduce the topic to the class, covering the following main points: 1. Background: setting the scene. 2. The need for compliance. 3. How the law evolved and its main components. 4. When does the law apply? 5. The basic principles of the law. INTRODUCTION TO THE LAW OF ARMED CONFLICT 1. BACKGROUND: SETTING THE SCENE Today we begin a series of lectures on the law of armed conflict, which is also known as the law of war, international humanitarian law, or simply IHL. To begin, I’d like to take a guess at what you’re thinking right now. Some of you are probably thinking that this is an ideal opportunity to catch up on some well-earned rest. “Thank goodness I’m not on the assault course or on manoeuvres. This is absolutely marvellous. I can switch off and let this instructor ramble on for 45 minutes. I know all about the Geneva Conventions anyway – the law is part of my culture and our military traditions. I really don't need to listen to all this legal ‘mumbo jumbo’.” The more sceptical and cynical among you might well be thinking along the lines of a very famous orator of ancient Rome – Cicero. -
Blockchain in Defence: a Breakthrough?
Food for thought September 2020 Blockchain in defence: a breakthrough? Written by Alessia Cornella, Linda Zamengo, AN EXPERTISE FORUM CONTRIBUTING TO EUROPEAN CONTRIBUTING TO FORUM AN EXPERTISE SINCE 1953 ARMIES INTEROPERABILITY European Army Interoperability Center Alexandre Delepierre, Georges Clementz This paper was drawn up by Alessia Cornella, Linda Zamengo, Alexandre Delepierre and Georges Clementz under the supervision and guidance of Mr Mario Blokken, Director of the Permanent Secretariat. This Food for Thought paper is a document that gives an initial reflection on the theme. The content is not reflecting the positions of the member states but consists of elements that can initiate and feed the discussions and analyses in the domain of the theme. All our studies are available on www.finabel.org TABLE OF CONTENT Introduction 2 Applications and functioning of blockchain technology 4 Developments in the blockchain technology in the military around the world 13 Challenges and limitations of blockchain: Costs associated with the technology, security loopholes 19 Conclusions and recommendations 23 Bibliography 24 INTRODUCTION lockchain is set to radically change time (ComputerWorld, 2019). In other words, our way of life in the coming dec- blockchain can be described as a global online ades. That is why many authors, like database, that anyone, anywhere in the world, Marc Andreessen, considered it “one with an internet connection, can use. As a con- of the most important technologies sequence, a blockchain doesn’t belong to anyone, since the advent of the Internet.” (Finance Train, and it stores information permanently across a B2019). Based on a peer-to-peer (P2P) topology, network of personal computers. -
Military Strategy: the Blind Spot of International Humanitarian Law
Harvard National Security Journal / Vol. 8 333 ARTICLE Military Strategy: The Blind Spot of International Humanitarian Law Yishai Beer* * Professor of Law, Herzliya Interdisciplinary Center, Herzliya, Israel. The author would like to thank Eyal Benvenisti, Gabriella Blum, Moshe Halbertal, Eliav Lieblich, David Kretzmer, and Kenneth Watkin for their useful comments, and Ohad Abrahami for his research assistance. © 2017 by the President and Fellows of Harvard College and Yishai Beer. 334 2017 / Military Strategy: The Blind Spot of International Humanitarian Law Abstract The stated agenda of international humanitarian law (IHL) is to humanize war’s arena. Since it is the strategic level of war that primarily affects war’s conduct, one might have expected that the law would focus upon it. Paradoxically, the current law generally ignores the strategic discourse and prefers to scrutinize the conduct of war through a tactical lens. This disregard of military strategy has a price that is demonstrated in the prevailing law of targeting. This Article challenges the current blind spot of IHL: its disregard of the direct consequences of war strategy and the war aims deriving from it. It asks those who want to comprehensively reduce war’s hazards to think strategically and to leverage military strategy as a constraining tool. The effect of the suggested approach is demonstrated through an analysis of targeting rules, where the restrictive attributes of military strategy, which could play a significant role in limiting targeting, have been overlooked. Harvard National Security Journal / Vol. 8 335 Table of Contents Introduction ........................................................................................................336 I. Strategy Determines War’s Patterns and Scope .........................................340 II. -
Warfare in a Fragile World: Military Impact on the Human Environment
Recent Slprt•• books World Armaments and Disarmament: SIPRI Yearbook 1979 World Armaments and Disarmament: SIPRI Yearbooks 1968-1979, Cumulative Index Nuclear Energy and Nuclear Weapon Proliferation Other related •• 8lprt books Ecological Consequences of the Second Ihdochina War Weapons of Mass Destruction and the Environment Publish~d on behalf of SIPRI by Taylor & Francis Ltd 10-14 Macklin Street London WC2B 5NF Distributed in the USA by Crane, Russak & Company Inc 3 East 44th Street New York NY 10017 USA and in Scandinavia by Almqvist & WikseH International PO Box 62 S-101 20 Stockholm Sweden For a complete list of SIPRI publications write to SIPRI Sveavagen 166 , S-113 46 Stockholm Sweden Stoekholol International Peace Research Institute Warfare in a Fragile World Military Impact onthe Human Environment Stockholm International Peace Research Institute SIPRI is an independent institute for research into problems of peace and conflict, especially those of disarmament and arms regulation. It was established in 1966 to commemorate Sweden's 150 years of unbroken peace. The Institute is financed by the Swedish Parliament. The staff, the Governing Board and the Scientific Council are international. As a consultative body, the Scientific Council is not responsible for the views expressed in the publications of the Institute. Governing Board Dr Rolf Bjornerstedt, Chairman (Sweden) Professor Robert Neild, Vice-Chairman (United Kingdom) Mr Tim Greve (Norway) Academician Ivan M£ilek (Czechoslovakia) Professor Leo Mates (Yugoslavia) Professor -
The German Army, Vimy Ridge and the Elastic Defence in Depth in 1917
Journal of Military and Strategic VOLUME 18, ISSUE 2 Studies “Lessons learned” in WWI: The German Army, Vimy Ridge and the Elastic Defence in Depth in 1917 Christian Stachelbeck The Battle of Arras in the spring of 1917 marked the beginning of the major allied offensives on the western front. The attack by the British 1st Army (Horne) and 3rd Army (Allenby) was intended to divert attention from the French main offensive under General Robert Nivelle at the Chemin des Dames (Nivelle Offensive). 1 The French commander-in-chief wanted to force the decisive breakthrough in the west. Between 9 and 12 April, the British had succeeded in penetrating the front across a width of 18 kilometres and advancing around six kilometres, while the Canadian corps (Byng), deployed for the first time in closed formation, seized the ridge near Vimy, which had been fiercely contested since late 1914.2 The success was paid for with the bloody loss of 1 On the German side, the battles at Arras between 2 April and 20 May 1917 were officially referred to as Schlacht bei Arras (Battle of Arras). In Canada, the term Battle of Vimy Ridge is commonly used for the initial phase of the battle. The seizure of Vimy ridge was a central objective of the offensive and was intended to secure the protection of the northern flank of the 3rd Army. 2 For detailed information on this, see: Jack Sheldon, The German Army on Vimy Ridge 1914-1917 (Barnsley: Pen&Sword Military, 2008), p. 8. Sheldon's book, however, is basically a largely indiscriminate succession of extensive quotes from regimental histories, diaries and force files from the Bavarian War Archive (Kriegsarchiv) in Munich. -
HPCR Manual on International Law Applicable to Air and Missile Warfare
Manual on International Law Applicable to Air and Missile Warfare Bern, 15 May 2009 Program on Humanitarian Policy and Conflict Research at Harvard University © 2009 The President and Fellows of Harvard College ISBN: 978-0-9826701-0-1 No part of this document may be reproduced, stored in a retrieval system, or transmitt ed in any form without the prior consent of the Program on Humanitarian Policy and Con- fl ict Research at Harvard University. This restriction shall not apply for non-commercial use. A product of extensive consultations, this document was adopted by consensus of an international group of experts on 15 May 2009 in Bern, Switzerland. This document does not necessarily refl ect the views of the Program on Humanitarian Policy and Confl ict Research or of Harvard University. Program on Humanitarian Policy and Confl ict Research Harvard University 1033 Massachusett s Avenue, 4th Floor Cambridge, MA 02138 United States of America Tel.: 617-384-7407 Fax: 617-384-5901 E-mail: [email protected] www.hpcrresearch.org | ii Foreword It is my pleasure and honor to present the HPCR Manual on International Law Applicable to Air and Missile Warfare. This Manual provides the most up-to-date restatement of exist- ing international law applicable to air and missile warfare, as elaborated by an international Group of Experts. As an authoritative restatement, the HPCR Manual contributes to the practical understanding of this important international legal framework. The HPCR Manual is the result of a six-year long endeavor led by the Program on Humanitarian Policy and Confl ict Research at Harvard University (HPCR), during which it convened an international Group of Experts to refl ect on existing rules of international law applicable to air and missile warfare. -
Combatant Status and Computer Network Attack
Combatant Status and Computer Network Attack * SEAN WATTS Introduction .......................................................................................... 392 I. State Capacity for Computer Network Attacks ......................... 397 A. Anatomy of a Computer Network Attack ....................... 399 1. CNA Intelligence Operations ............................... 399 2. CNA Acquisition and Weapon Design ................. 401 3. CNA Execution .................................................... 403 B. State Computer Network Attack Capabilites and Staffing ............................................................................ 405 C. United States’ Government Organization for Computer Network Attack .............................................. 407 II. The Geneva Tradition and Combatant Immunity ...................... 411 A. The “Current” Legal Framework..................................... 412 1. Civilian Status ...................................................... 414 2. Combatant Status .................................................. 415 3. Legal Implications of Status ................................. 420 B. Existing Legal Assessments and Scholarship.................. 424 C. Implications for Existing Computer Network Attack Organization .................................................................... 427 III. Departing from the Geneva Combatant Status Regime ............ 430 A. Interpretive Considerations ............................................. 431 * Assistant Professor, Creighton University Law School; Professor, -
Noncombatant Immunity and War-Profiteering
In Oxford Handbook of Ethics of War / Published 2017 / doi:10.1093/oxfordhb/9780199943418.001.0001 Noncombatant Immunity and War-Profiteering Saba Bazargan Department of Philosophy UC San Diego Abstract The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers— can be morally liable to be lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. 1 In Oxford Handbook of Ethics of War / Published 2017 / doi:10.1093/oxfordhb/9780199943418.001.0001 1. Background 1.1. Noncombatant Immunity and the Combatant’s Privilege in International Law In Article 155 of what came to be known as the ‘Lieber Code’, written in 1866, Francis Lieber wrote ‘[a]ll enemies in regular war are divided into two general classes—that is to say, into combatants and noncombatants’. As a legal matter, this distinction does not map perfectly onto the distinction between members and nonmembers of an armed force. -
National Narratives of the First World War
NATIONAL NARRATIVES OF THE FIRST WORLD WAR AUTHOR(S) Aleksandra Pawliczek COLLABORATOR(S) THEMES World War I PERIOD 1914-2014 Veteran’s of Australia http://www.anzacportal.dva.gov.au/ CENDARI is funded by the European Commission’s 7th Framework Programme for Research 3 CONTENTS 6 NATIONAL NARRATIVES OF 35 THE RAPE OF BELGIUM THE FIRST WORLD WAR – MEMORY AND COMMEMORATION 38 HUNGARY’S LOST TERRITORIES Abstract Introduction 39 BIBLIOGRAPHY 8 THE “GREAT WAR” IN THE UK 12 “LA GRANDE GUERRE” IN FRANCE 16 GERMANY AND WAR GUILT 19 AUSTRIA AND THE END OF THE EMPIRE 21 ANZAC DAY IN NEW ZEALAND AND AUSTRALIA 25 POLAND AND THE WARS AFTER THE WAR 27 REVOLUTIONS AND CIVIL WAR IN RUSSIA 29 SERBIA’S “RED HARVEST” 31 THE TRANSFORMATION OF THE OTTOMAN EMPIRE 33 UKRAINE’S FIRST ATTEMPT OF INDEPENDENCE 34 OCCUPATION OF BELARUS 4 5 National Narratives of the First World War – Memory and Commemoration CENDARI Archival Research Guide NATIONAL NARRATIVES OF THE FIRST WORLD WAR – MEMORY Here is not the place to reflect on the ambivalences of public and private memories in AND COMMEMORATION depth (but see also the ARG on Private Memories). It is rather the place to address the strongest current trends and their alteration over time, pointing at the still prevalent nar- ratives in their national contexts, which show huge differences across (European) borders Abstract and manifest themselves in the policy of cultural agents and stakeholders. According to the official memories of the First World War, cultural heritage institutions have varying How is the First World War remembered in different regions and countries? Is there a roles around the Centenary, exposing many different sources and resources on the war “European memory”, a “mémoire partagée”, or do nations and other collective groups and thus also the perceptions of the war in individual countries. -
Fm 6-27 Mctp 11-10C the Commander's Handbook on the Law of Land Warfare
FM 6-27 MCTP 11-10C THE COMMANDER'S HANDBOOK ON THE LAW OF LAND WARFARE AUGUST 2019 DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. This publication supersedes FM 27-10/MCTP 11-10C, dated 18 July 1956. HEADQUARTERS, DEPARTMENT OF THE ARMY HEADQUARTERS, UNITED STATES MARINE CORPS Foreword The lessons of protracted conflict confirm that adherence to the law of armed conflict (LOAC) by the land forces, both in intern ational and non-international armed conflict, must serve as the standard that we train to and apply across the entire range of military operations. Adhering to LOAC enhances the legitimacy of our operations and supports the moral framework of our armed forces. We have learned th at we deviate from these norms to our detriment and risk undercutting both domesti c and international support for our operations. LOAC has been and remains a vital guide for all military operations conducted by the U.S. Governm ent. This fi eld manual provides a general description of the law of land warfare for Soldiers and Marines, delineated as statements of doctrine and practice, to gui de the land forces in conducting di sci plined military operations in accordance with the rule of law. The Department of Defense Law of War Manual (June 20 15, updated December 2016) is the authoritative statement on the law of war for the Department of Defense. In the event of a conflict or discrepancy regarding the legal standards addressed in this publication and th e DOD Law of War Manual, the latter takes precedence.