Chinese assertiveness. The
blocking of effective action on Syria at the security council, including preventing a referral
of Assad to the ICC, was the result. It is a long time since Kosovo in 1999, the high point of
the post-Cold War humanitarian international, when the Western-led coalition broke internationallaw but justified it by retrospectively arguing their actions were ‘illegal but
legitimate’. Imagine China making the same argument about its treatment of the Uighurs,
as many as one million of whom, it is said, now languish in re
German Responses to the June 2019 Mission of the Sea-Watch 3
about: her ship, the internationallaw of the sea, Europeans’ moral responsibilities, and conditions faced by migrants in Libya. At the same time, she convincingly claimed that she preferred her actions to do the talking for her.
The role of Rackete has also been important in that it deflected emotions away from the migrants rescued by the NGOs – and thus away from an asymmetrical extension of compassion – towards the rescuers. The deflection of emotions away from the migrants may also have helped to subvert humanitarianism’s tendencies to perpetuate ‘the neo
Gender Equality and Culture in Humanitarian Action
Ricardo Fal-Dutra Santos
for a set of humanitarian values ( Walker,
2004 ; Wortel, 2009 ).
Humanitarianism is a culture that values humanity in all its forms, that
champions non-discrimination, that advances restraint in war and many other
values codified in internationallaw. ‘Promoting’ ( Bugnion, 2003 : xxvii) or
‘spreading’ ( Slim,
1998 ) this humanitarian culture, therefore, inevitably requires
transforming cultural values and practices that
humans truly were naturally violent and that violence came easily to them, would there not be more cases of violent outrage and self-destruction among impoverished communities? What is more, most of the extreme cases of human slaughter throughout history have taken place within the bounds of domestic and internationallaw. They have been fully in keeping with the prevailing normative claims to truth and its ritualised performances. Very rarely does violence come to us in a truly sporadic or spontaneous way. All political violence has a history and most often it is
Four Decisive Challenges Confronting Humanitarian Innovation
Gerard Finnigan and Otto Farkas
(accessed 20 October 2016) .
Amnesty International ( 2016b ), ‘ Horrific Attack
on UN Aid Convoy Is a Flagrant Violation of InternationalLaw’ , www.amnesty.org/en/latest/news/2016/09/syria-horrific-attack-on-un-aid-convoy-is-a-flagrant-violation-of-international-law
(accessed 20 October 2016) .
BBS ( 2014 ), Slum Census 2014 & Health and Morbidity Status
The Conclusions on Identification of Customary InternationalLaw (hereafter ‘the Conclusions’) as adopted by the InternationalLaw Commission on second reading 1 are an important resource in a thorny area of internationallaw. A stated primary aim is to offer guidance to practitioners, 2 which accounts for the focus on systematisation of positive internationallaw and practice.
The Conclusions are brief on the position of international organisations as independent actors in the formation of customary internationallaw. This modest role could seem
Uses and Misuses of International Humanitarian Law and Humanitarian
ammunition, flamethrowers, napalm, and other incendiary
agents, against targets requiring their use is not a violation of internationallaw.
… They should not, however, be employed to cause unnecessary suffering to
individuals’ ( Keller, 2018 ). The
Israeli Army offered the exact same argument in 2014, during Operation Cast Lead, to
defend its use of phosphorus bombs in Gaza – a use dictated by
‘military necessity’. Otherwise, why use them?
In October 2016, the
’s lives are worthy of
being saved ( Butler, 2020 ).
Humanitarians make a claim that their values are universal ones that bind all
people, in particular the value and dignity attached to all human life (the
principle of humanity) and the ethical duty to help all people without
discrimination, based on need alone (the principle of impartiality). Further,
humanitarians have worked to enshrine these universal values into international
et al. argue that since internationallaw obligates the
protection of healthcare, intentionality of attacks is of less importance in
monitoring attacks; an indiscriminate attack, for example, is just as much an
attack as a targeted one ( 2018 : 2).
This position makes sense when considering impact of violence on the healthcare
system, where it does not matter whether a paediatrician is killed while working
in a facility, or when visiting a market
denying Palestinians’ access to core
political and legal rights, including the Right of Return and the right to collective
self-determination. While these last two options would never be accepted by Middle Eastern
states due to the economic and political implications, and while Palestinians’ refugee
status cannot – in fact – be stripped by either the US or UNRWA since it is
defined and protected in internationallaw and UN Resolutions ( Akram, 2018 ), it is equally the case that throughout 2018 the first two
options created grave insecurities on