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A. P. V. Rogers

10 The conduct of hostilities in internal armed conflicts The purpose of this chapter is to supplement the standard works on the law of internal armed conflicts by concentrating on the law relating to the conduct of hostilities in such conflicts. It is evident from any review of state practice that the parties to an internal armed conflict tend to pay little attention to the principles of civilian immunity, targeting and proportionality dealt with in the earlier chapters of this book. That may be partly due to the fact that international treaties have very

in Law on the battlefield
Ilias Bantekas

conflicts. Classification of armed conflicts The existing distinction between international and internal armed conflicts is not a contemporary creation. The difference lies not in the nature of the actual hostilities themselves but, as Socrates asserted, in that people of the same land are naturally friends, their land being sick and torn by faction. 1 Socrates

in Principles of direct and superior responsibility in international humanitarian law

This book examines the historical evolution of international humanitarian law, in particular the legal and political bases for the penalisation of infractions associated with this body of law. The interaction of law, politics and financial considerations have proved detrimental for staging criminal prosecutions, even to this day, but ultimately have not negated the criminal liability of perpetrators. The book explores the various forms of direct participation in humanitarian law offences and the concept of the doctrine of superior responsibility. It stipulates the liability of those persons who, being in a position of authority, fail to prevent or punish crimes committed by their subordinates. The book deals with the elaboration of a legal theoretical model, defined as the 'duty to control', which attempts to address the gap identified in the relevant law of causation. It traces the evolution of humanitarian law in the context of non-international armed conflicts, with the aim of determining the application of humanitarian and criminal norms therein. Although for the purposes of humanitarian law the distinction between non-international and international conflicts is becoming less significant, people must still be aware of the mechanism known as 'conflict classification'. The world's major powers, with the exception of the UK, have expressly or implicitly widened their judicial jurisdiction by penalising extraterritorial breaches committed in internal armed conflicts. The book focuses on the legislative and judicial efforts of developed nations, mainly from Europe and North America. For these countries, the suppression of extraterritorial crime is not of imminent importance.

Clara Duterme

Established during the Guatemalan Peace Process, the Oslo Accord contemplates the question of compensating the victims of internal armed conflict. Not only was this accord founded on the principles of victims rights, but it also intends to contribute to the democratic reconstruction of Guatemalan society through a process of recognition of victims status and memory – intended to have a reconciling function. The article focuses on the work of two organisations implementing the Oslo Accord and aims to analyse the discourses and practices of the local actors and their perception of the application of victims rights. Civil society actors and members of the National Compensation Programme demonstrate different approaches both in practical work and in representations of what is right. However, revendication of local cultural values is present in all actors discourse, revealing their ambiguous position in regard to state government.

Human Remains and Violence: An Interdisciplinary Journal
Resilience and the Language of Compassion
Diego I. Meza

Población Desplazada por la Violencia, SNAIPD), which sought to provide aid and assistance and to protect victims based on the principles of subsidiarity, complementarity, decentralisation and concurrence, was created. Furthermore, Law 1448 stipulated the integral reparation of the victims of internal armed conflict. With the creation of the administrative Unit for Attention and Integral Reparation to the Victims (Unidad para la Atención y Reparación Integral a las Víctimas (UARIV)), the government tried to care for and aid the victims of the internal conflict in general

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

Lesson in the Limits of Humanitarian Action? ’, International Development Policy , 6 : 1 , 149 – 54 . Bradley , M. ( 2016 ), Protecting Civilians in War: The ICRC, UNHCR, and Their Limitations in Internal Armed Conflicts . Oxford : Oxford University Press . Bradley

Journal of Humanitarian Affairs
Josefina A. Echavarria

profit (Collier, 2000, 2001), as a society at war (Blair, 1999), as a fragile State (Piazza, 2008), or as an internal armed conflict (Franco, 2002). These different names and definitions actively shape the war itself. My interest is in underscoring the multiple consequences that each of these naming practices produces. Thus, after considering the different depictions of the situation by academics

in In/security in Colombia
Matthew Happold

be only as a last resort and for the shortest appropriate period of time, but the USA is not a party to the CRC either. In early 2004, the US authorities released three youths from Guantánamo. 31 However, as of mid-May 2004 it appeared that two children continued to be detained there. Child soldiers in the power of an adverse party in internal armed conflicts Similar, if more

in Child soldiers in international law

This book provides a critical exposition of the international law concerning child soldiers. It starts by looking at the situation of child soldiers in the world today, examining why children are recruited into armed forces and groups; why they volunteer for military service; and, once recruited, what treatment they receive. The book explores how perceptions of childhood and children's rights have changed, and how this has affected the ways in which child soldiers have been treated. It describes the activities of the United Nations with regard to the child soldier phenomenon. The book examines the legal regulation of the recruitment and use of children in hostilities. It shows that although international law comprehensively regulates the recruitment and use of child soldiers, owing to the plethora of treaties on the subject, states' obligations continue to differ and children can still lawfully be recruited and used to participate in armed conflict. The book discusses how, once recruited into armed forces and groups, international law treats child soldiers. It considers the status of child soldiers as combatants and as persons in the power of an adverse party in both international and internal armed conflicts, and states' obligations with regard the disarmament, demobilisation and reintegration of child soldiers. An unusual feature of how child soldiers are viewed is that they are often seen as both victims of human rights abuses and as human rights violators. Finally, the book examines the extent to which the recruitment and use of child soldiers is an international crime.

Third edition

This book bridges the gap between the legal theory propounded in academic works and the practical implementation of customary and treaty law as evidenced by military manuals, operational orders and instructions or in reports relating to incidents occurring in armed conflict. It illustrates conflicts, generally those in which British sailors, soldiers and airmen have been involved. The book highlights the more recent judgments and opinions of the International Criminal Tribunal for the former Yugoslavia, the International Court of Justice and the European Court of Human Rights, the comprehensive work of the International Committee of the Red Cross with regard to customary international humanitarian law and the meaning of 'direct participation in hostilities', the Harvard University air and missile warfare project, the San Remo Manual on non-international armed conflicts, and the UK Law of Armed Conflict Manual of 2004. It discusses the protection of the wounded and sick, the security aspects of belligerent occupation and, because this is constantly raised as a weakness of the law of armed conflict, on the implementation and enforcement of this branch of the law. Concerns about recent events, such as publication of the 'Torture Papers', conditions at Abu Ghraib, the perceived 'legal hole' at Guantanamo Bay or the United Kingdom's Baha Mousa inquiry, caused the author to reflect on the utility of the law of armed conflict given the apparent willingness of some to exploit loopholes in the law or deploy ingenious approaches to its interpretation to the detriment of humanity.