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

’ following the 9/11 attacks, violations of international humanitarian law (IHL) have been described as ‘increasingly serious’, culminating – at the time of writing – in systematic attacks on hospitals and other civilian sites in Syria. Similar attacks in Afghanistan, Yemen and South Sudan add to the picture of once respected IHL being trampled. Some offer numbers as evidence, citing the fact that the overwhelming percentage of victims in World War I were soldiers, compared with

Journal of Humanitarian Affairs
Abstract only

Abductions of Aid Workers Weissman Fabrice fabrice.weissman@paris.msf.org 01 05 2019 19 08 2019 1 1 2 2 38 38 42 42 16 10.7227/JHA.016 Oases of Humanity and the Realities of War Uses and Misuses of International Humanitarian Law and Humanitarian Principles Brauman Rony

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

acknowledges the fact that dealing with migration today in 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

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

tasked her with defining those policies. She also warns of the contemporary 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

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

, the arguments in favour of public criticism of actors who have abused human rights or 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

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

is one reason why we wanted to interview you for this issue on innovation, because I know this has 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

Journal of Humanitarian Affairs
The Law and Politics of Responding to Attacks against Aid Workers
Julia Brooks and Rob Grace

inescapable, as enshrined, for example, in international humanitarian law (IHL), including the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005; the Rome Statute of the International Criminal Court (ICC); and customary international law ( Brooks, 2015 ). On the other hand, the interview findings of this study reveal a widespread sense of frustration among aid workers over the perceived inefficacy of the law in practice for the protection of humanitarian action. Even in light of the existence of not only international courts and tribunals but

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