Search results

Uses and Misuses of International Humanitarian Law and Humanitarian Principles
Rony Brauman

least in theory, to humanitarian efforts. ‘Civilians are not simply the victims of conflicts, they are the very target of conflicts; this is a significant change, at least with regard to the twentieth century ’, the director of operations for the International Committee of the Red Cross (ICRC) said in 1999 ( Tauxe, 1999 ; emphasis added). With the launch of the ‘War on Terror’ following the 9/11 attacks, violations of international humanitarian law (IHL) have been

Journal of Humanitarian Affairs
Melanie Klinkner

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass-grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda for working towards a more comprehensive set of legal guidelines to protect mass graves.

Human Remains and Violence: An Interdisciplinary Journal
An Interview with Caroline Abu Sa’Da, General Director of SOS MEDITERRANEE Suisse
Juliano Fiori

Europe is extremely political. It points to existing maritime law and international humanitarian law to remind states of their obligations. And what’s really interesting since the end of June is that we have ended up in a situation in which rogue European states are deliberately throwing the law to the dogs. Now we know exactly what’s going on in Libya. We know that European states are responsible for refoulement , sending people back to torture, rape and detention in Libya. This is completely unlawful but European institutions are endorsing it. So

Journal of Humanitarian Affairs
Editor’s Introduction
Michaël Neuman, Fernando Espada and Róisín Read

trend to shift the use of risk management from enabling operations and facilitating access to populations to protecting the organisation from legal or reputational risks. All the contributions demonstrate that a reliance on international humanitarian law (IHL) and humanitarian principles to ensure the security of humanitarian teams and projects might well be unfounded. Rony Brauman offers his own historical perspective, challenging the idea of humanitarian exceptionalism and the protective function of IHL and

Journal of Humanitarian Affairs
Staff Security and Civilian Protection in the Humanitarian Sector
Miriam Bradley

violated international humanitarian law (IHL) are twofold. It is hoped that ‘naming and shaming’ will encourage perpetrators to improve their conduct towards civilians, and there is additionally a concern that remaining silent in the face of abuses implies some kind of complicity with those abuses. Against such public criticism are concerns about access and staff security. According to GPR, the ‘pursuit and preservation of acceptance may require that

Journal of Humanitarian Affairs
Open Access (free)
Planned Obsolescence of Medical Humanitarian Missions: An Interview with Tony Redmond, Professor and Practitioner of International Emergency Medicine and Co-founder of HCRI and UK-Med

been one of your long-standing issues, that people tend to treat humanitarian situations as different. TR: Yes, it is a conceptual thing. The humanitarian space is proclaimed to exist separately; does it? TRM: Where do you think this comes from, historically? TR: Separate to International Humanitarian Law, the medical humanitarian space may in part have also evolved from religious missions. Medical teams when doing global health can still talk about a ‘medical

Journal of Humanitarian Affairs
Open Access (free)
R. A. Melikan

examine international trials for war crimes – what are sometimes referred to as breaches of international humanitarian law – and human rights violations. The twentieth century witnessed the creation of an apparently impressive range of international tribunals with authority to consider such offences: the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court of Human Rights. All of these, however, adjudicated state responsibility for violations of international law; they did not have

in Domestic and international trials, 1700–2000
Legality and legitimacy
Dominic McGoldrick

contested. This goes to the heart of issues of legality and legitimacy for international trials. For much of its history ‘international criminal law’, if it has existed at all, has been rudimentary, indeterminate, and ineffectual.3 It existed in the nether regions of international humanitarian law, which existed in the nether regions of public international law. A system of ‘international criminal justice’ might be thought to require some consensus on the existence and values of the ‘international community’. The existence of such a community in this sense and its values

in Domestic and international trials, 1700–2000
Robert Fine and Philip Spencer

. One of the offshoots of the expanded scope of international law is the expanded use of categories of humanitarian law in political argument. Whether an act on the part of a state or state-supported actors is deemed to be in violation of international humanitarian law is now advanced as a basis for deciding on the legitimacy of the act in question and in some cases of the actor. Human rights have become the stuff of public debate, especially since the end of

in Antisemitism and the left
Cinema, news media and perception management of the Gaza conflicts
Shohini Chaudhuri

manipulation of International Humanitarian Law (IHL) In UK reportage, any criticism of Israel, either from politicians or NGOs, tends to be couched in the rhetoric of ‘disproportionate response’, a language of condemnation that derives from a branch of international law known as International Humanitarian Law (IHL) or the ‘laws of war’. IHL places restraints on warfare methods to

in Global humanitarianism and media culture