Showing papers in "International Review of the Red Cross in 2010"
TL;DR: The article assesses the state of knowledge and work in the field of male sexual violence and notes that although there have been many positive developments, the issue is not always moving in the right direction.
Abstract: This article considers the UN responses to sexual violence against men and boys in armed conflict – in particular, steps taken towards understanding this problem, measures of prevention and protection, and consequences for accused perpetrators. In so doing, the article assesses the state of knowledge and work in the field of male sexual violence and notes that although there have been many positive developments, the issue is not always moving in the right direction.
79 citations
TL;DR: The authors argue for the need to consider the plurality of women's experiences in war, including as female heads of households, as victims (and survivors) of sexual violence, as community leaders, and as armed combatants.
Abstract: Although women routinely display remarkable resilience and fortitude by adopting new roles and taking on new responsibilities when confronted by the ravages of war, they continue to be depicted by many humanitarian actors as being intrinsically weak and vulnerable – a depiction that results in the perceptible absence of women from decision-making bodies both during and in the wake of conflict. This article argues for the need to consider the plurality of women's experiences in war, including as female heads of households, as victims (and survivors) of sexual violence, as community leaders, and as armed combatants.
73 citations
TL;DR: The participation of women in the 1994 Rwandan genocide should be considered in the context of gender relations in pre-genocide Rwandan society as mentioned in this paper, and women in leadership positions played a particularly important role in the genocide, and gendered imagery, including of the "evil woman" or "monster" is often at play in their encounters with the law.
Abstract: The participation of women in the 1994 Rwandan genocide should be considered in the context of gender relations in pre-genocide Rwandan society. Many ‘ordinary’ women were involved in the genocide but, overall, committed significantly fewer acts of overt violence than men. Owing to the indirect nature of women's crimes, combined with male ‘chivalry’, women may be under-represented among those pursued for genocide-related crimes, despite the broad conception of complicity in Rwanda's Gacaca Law. Women in leadership positions played a particularly important role in the genocide, and gendered imagery, including of the ‘evil woman’ or ‘monster’, is often at play in their encounters with the law.
45 citations
TL;DR: In this article, the meaning and potential usefulness of a gender perspective on international humanitarian law (IHL) was examined, and the role of women as combatants and the gendered use of sexual violence during times of armed conflict.
Abstract: This article examines the meaning and potential usefulness of a ‘gender perspective’ on international humanitarian law (IHL). In order to do so, it considers a number of ‘gendered’ themes found within IHL, including the role of women as combatants, and the gendered use of sexual violence during times of armed conflict. The authors suggest that further development and understanding of a gender perspective will contribute to the resilience and effectiveness of IHL as a system of law, and will strengthen the protection of those who are victimized and disempowered during times of war.
44 citations
TL;DR: In this paper, the authors identify three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict and present specific opportunities for clarifying and developing the existing framework.
Abstract: There are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.
44 citations
TL;DR: The authors explored women's presence in military forces around the world, looking both at women's service as soldiers and at the gendered dimensions of their soldiering particularly, and soldiering generally.
Abstract: This article explores women's presence in military forces around the world, looking both at women's service as soldiers and at the gendered dimensions of their soldiering particularly, and soldiering generally. It uses the ‘beautiful soul’ narrative to describe women's relationship with war throughout its history, and explores how this image of women's innocence of and abstention from war has often contrasted with women's actual experiences as soldiers and fighters.
41 citations
TL;DR: In this paper, the authors provide an analysis of Chapter 5.10 of the United Nations Integrated Disarmament, Demobilization and Reintegration Standards, arguing that policy makers, scholars, students and practitioners cannot avoid making and/or changing meaning through their well-meaning interventions, but that this need not lead to political or practical inertia.
Abstract: Facilitating critical reflection on the words and concepts used to write policy enables practitioners to avoid unconsciously reproducing the different forms of oppression and exclusion that their policies seek to overcome. In this article, the author provides an analysis of Chapter 5.10 of the United Nations Integrated Disarmament, Demobilization and Reintegration Standards, arguing that policy makers, scholars, students and practitioners cannot avoid making and/or changing meaning through their well-meaning interventions, but that this need not lead to political or practical inertia.
39 citations
TL;DR: In this paper, the authors discuss the consequences of sexual violence for mental health of women, especially those who are its victims during armed conflicts, and discuss the negative impact on the victim's perception of herself, of events, and of others.
Abstract: Sexual violence has serious and multiple consequences for the mental health of women. At the psychological level, it leads to radical changes in the image that the victim has of herself, in her relations with her immediate social circle and beyond, in the community as a whole, and in the way in which the victim sees the past, present, and future. It thus has a lasting negative impact on the victim's perception of herself, of events, and of others. At the community level, it stigmatizes the victim, depriving her of any social status or intrinsic value as a person (she is seen as unfaithful or promiscuous), and thereby modifies relationships within the community with an overall deleterious effect. This article discusses these consequences of sexual violence for the mental health of women, especially those who are its victims during armed conflicts.
38 citations
TL;DR: In this paper, a conflict lens is used to understand gang activity in non-conflict settings, raising questions about the appropriateness of applying such a lens to understand gangs.
Abstract: Gangs have long been considered a source of violence and insecurity, but they are increasingly identified as a cause of instability and a threat to the state. Yet gangs operate mainly in non-conflict settings, raising questions about whether applying a conflict lens to understand gangs is appropriate. Marked differences appear between armed groups and gangs when considering concepts of ungoverned spaces, the state, violence, and sustainability. Few gangs reach the threshold of posing a direct challenge to the state; this makes comparisons with other armed groups difficult and suggests the need for a more specific analytical lens.
37 citations
TL;DR: In this paper, the authors outline the difficulties of dealing adequately in legal terms with organized crime and gang violence and analyze the different approaches adopted so far at the national and international level.
Abstract: Organized crime and gang violence are global phenomena that often emerge in urban areas. Although they are not new, states only recently began to perceive them as serious threats to public security. Laws specifically designed to combat them have consequently been enacted. This article outlines the difficulties of dealing adequately in legal terms with these phenomena and analyses the different approaches adopted so far at the national and international level.
33 citations
TL;DR: In this article, the authors highlight important developing norms on women, peace and security, which may not be radical enough to expand constructions of gender within international humanitarian law, leaving existing provisions open to continued scrutiny.
Abstract: While the Geneva Conventions contain gender-specific provisions, the reality of women's and men's experiences of armed conflict have highlighted gender limitations and conceptual constraints within international humanitarian law. Judgements at the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ad hoc tribunals have gone some way towards expanding the scope of definitions of sexual violence and rape in conflict. More recent developments in public international law, including the adoption of Security Council Resolutions 1325 and 1820 focused on women, peace and security, have sought to increase the visibility of gender in situations of armed conflict. This paper highlights important developing norms on women, peace and security. Although these norms are significant, they may not be radical enough to expand constructions of gender within international humanitarian law. This leaves existing provisions open to continued scrutiny.
TL;DR: In this paper, the authors describe the vulnerability of the poorest and of migrants in urban areas and present the difficulties with which humanitarian organizations, which are often accustomed to working in rural areas, have to contend.
Abstract: A number of states are faced with the challenge of ensuring the harmonious development of rapidly expanding cities and of offering a growing population public services worthy of the name in the fields of security, health, and education. That challenge is even more difficult and more pressing because violence may erupt (hunger riots, clashes between territorial gangs or ethnic communities, acts of xenophobic violence directed against migrants, and so on) – violence that does not generally escalate to the point of becoming an armed conflict but that is murderous nevertheless.On the basis of the experience of the International Committee of the Red Cross and of its partners, as well as reports by academic specialists, this article describes the vulnerability of the poorest and of migrants in urban areas. It presents the difficulties with which humanitarian organizations, which are often accustomed to working in rural areas, have to contend. Lastly, it describes innovative responses, from which much can be learned: income-generating micro-projects, aid in the form of cash or vouchers, urban agriculture, and the establishment of violence-prevention or health-promotion programmes to protect those affected by armed violence in disadvantaged areas.
TL;DR: The authors gave an overview of the various forms of violence in South Africa and also briefly considered the state's responses to them within the various legal frameworks, including the state response to gang-related violence in townships and other urban areas.
Abstract: On 27 April 1994, all South Africans were permitted to vote for the first time, signalling the birth of a democratic state built on a constitutional democracy. Yet the wrath of gang-related activities in townships and other urban areas was clearly visible, as was the xenophobic violence that shocked the world. Very often the vast majority of victims have been innocent civilians, and especially women and children. This article gives an overview of the various forms of violence in South Africa and also briefly considers the state's responses to them within the various legal frameworks.
TL;DR: In this paper, a survey of contemporary armed conflicts indicates that major military powers are increasingly facing militarily weaker adversaries and being drawn into unconventional engagements in cities, towns, and villages, and it is submitted that higher standards of reasonableness be imposed upon military commanders of major military power to ensure constant care for civilian populations, and furthermore that civilian populations are spared more effectively from the effects of urban warfare by applying customary law ab initio, in order to avoid gaps in protection that may arise from the premature classification of armed conflicts.
Abstract: A survey of contemporary armed conflicts indicates that major military powers are increasingly facing militarily weaker adversaries and being drawn into unconventional engagements in cities, towns, and villages. Given the asymmetry of military capabilities in such conflicts, it is submitted that higher standards of reasonableness be imposed upon military commanders of major military powers to ensure constant care for civilian populations, and furthermore that civilian populations be spared more effectively from the effects of urban warfare by applying customary law ab initio, in order to avoid gaps in protection that may arise from the premature classification of armed conflicts.
TL;DR: In this paper, it is argued that responsible parties should develop robust programs of collective reparation and that the question whether there is a right to such a remedy is not yet settled.
Abstract: Reparations are essential to establishing justice after armed conflicts. The question whether international law endorses an individual right to reparation has been a focal point of recent discussion in that regard. The victims of armed conflicts are, however, not only individuals but also collectives. The present article therefore examines the issue of collective reparation. While it is submitted that the question whether there is a right to such a remedy is not yet settled, it is argued that responsible parties should develop robust programmes of collective reparation.
TL;DR: In this paper, the authors look at the evolution of the current state-building paradigm and global governance discourse, and make an assessment of the international community's approach to Afghanistan since 2001.
Abstract: Since the 1990s, the concept of ‘state-building’ has become the means by which intervenors have attempted to tackle ‘state failure/fragility’. The ‘ideal’ referred to when attempting to do this – both theoretically and in practice – has been that of the classic ‘nation-state’ as developed by Max Weber. To answer the question posed by the title above, the article first looks generally at the evolution of the current state-building paradigm and global governance discourse. Second, a background of historical attempts at state-building in Afghanistan is given. Third, an assessment is made of the international community's approach to Afghanistan since 2001. Finally, the appropriateness of replicating a Weberian state-building model onto more traditional societies such as Afghanistan – where modes of governance and authority are often informal, complex, and characterized by historical and charismatic sources of legitimacy – is addressed. Until now, such contexts have barely been acknowledged, still less understood, by intervenors. Today, however, some academics are beginning to outline an alternative response to state fragility, recognizing more traditional sources of legitimacy and a hybridity of political order.
TL;DR: In this paper, the authors identify how international law rules for cross-sectoral problems may appropriately combine the existing expertise and institutional strengths of simultaneously applicable branches of international law, and discover how an evaluation of the ultimate appropriateness of the cross-segmental rules adopted may be substantially affected by the different frames of reference that are used by those working within the different fields.
Abstract: The relationship between international environmental law and international humanitarian law, like relationships between many other subsystems of contemporary international law, has not yet been articulated. The problem of environmental damage in international armed conflict lies at the intersection of these two branches and thus provides an ideal opportunity to investigate this relationship. Rather than simply evaluating the applicable international law rules in their context, we break them into elements that we separately assess from both (international) environmental law and international humanitarian/international criminal law perspectives. By doing so, we identify how international law rules for cross-sectoral problems may appropriately combine the existing expertise and institutional strengths of simultaneously applicable branches of international law, and also discover how an evaluation of the ultimate appropriateness of the cross-sectoral rules adopted may be substantially affected by the different frames of reference that are used by those working within the different fields.
TL;DR: In the face of these rising dangers, science-based information about likely threats can be used to reduce risk and improve resource allocation as discussed by the authors, which can enhance the work of the Red Cross/Red Crescent Movement.
Abstract: A changing climate means more work for humanitarian organizations. Vulnerable people served by the Red Cross/Red Crescent Movement are likely to experience new patterns of disasters. In the face of these rising dangers, science-based information about likely threats can be used to reduce risk and improve resource allocation. Examples such as the 2008 emergency appeal for flood preparedness in West Africa illustrate the benefits of turning early warnings into early actions at community, national, and regional levels, at timescales ranging from hours to decades ahead of a looming threat. By making better use of a wide range of new information, humanitarian organizations can enhance their work even in the face of the rising risks of climate change.
TL;DR: In this paper, the authors examine current protection instruments and point out gaps in them, and explore various proposals for filling those protection gaps, with the focus on cross-border natural-disaster-induced displacement.
Abstract: Millions are displaced by climate-related disasters each year, and this trend is set to increase as climate change accelerates. It raises important questions about how well existing instruments actually protect people driven from their homes by climate change and natural disasters. This article first examines current protection instruments and points out gaps in them. There follows an exploration of various proposals for filling those protection gaps, with the focus on cross-border natural-disaster-induced displacement. A multi-track approach is recommended, including context-oriented and dynamic interpretation of existing law, and creation of new law. Adhering to the principle of non-refoulement, and focusing on whether return is possible, permissible, or reasonable, could be a realistic way to begin developing protection regimes for victims of natural-disaster-induced displacement.
TL;DR: This article argued that heavy fire power does considerable damage and causes civilians to flee their homes, operations using protection techniques are only suitable for stabilization, and their success depends essentially on the willingness of troops to make sacrifices, and on support from the public.
Abstract: Armies have traditionally avoided cities and siege operations. Fighting for and in cities is costly, slow, and often inconclusive. But sometimes they are unavoidable, either because they are located on main road or rail junctions or because of their value as political and/or economic prizes. Urban expansion in both north and south has made cities today the main theatres of military and humanitarian operations. Armies' structures, equipment, and doctrines are undergoing a process of adaptation. Manoeuvre has given way to fire power and protection for the troops as the decisive elements of military power. While heavy fire power does considerable damage and causes civilians to flee their homes, operations using protection techniques are only suitable for stabilization. Moreover, their success depends essentially on the willingness of troops to make sacrifices, and on support from the public.
TL;DR: In this article, the International Red Cross and Red Crescent Movement applied the human security framework and the livelihoods approach to take a proactive role in slum-dwelling communities.
Abstract: More than one billion people nowadays live as slum-dwellers in informal settlements characterized by vulnerability and poverty. The ‘normal’ situation in slums can, in several ways, be classified as a ‘crisis’, and violence levels often contribute to situations akin to ‘armed conflict’. The plight of these people should be the concern of humanitarian organizations, which should consequently widen their spectrum and address vulnerability to disasters and to violence as mutually reinforcing. Applying the ‘human security’ framework and ‘livelihoods’ approach can enable them to take a proactive role. However, particularly for the International Red Cross and Red Crescent Movement, a greater involvement also poses several challenges.
TL;DR: Water scarcity, accelerated by climate change, affects water availability and may threaten peace and security as mentioned in this paper, and this role of water, as a contributing factor for triggering wars, sheds light on the significance of the protection of water during armed conflict.
Abstract: Water scarcity, accelerated by climate change, affects water availability and may threaten peace and security. This role of water, as a contributing factor for triggering wars, sheds light on the significance of the protection of water during armed conflict. Keeping water out of war not only contributes to preserving an indispensable natural resource for life but also serves as a tool for the hostile parties to start negotiations,building trust and peace.
TL;DR: In this paper, the authors look at some courses of action that may be taken by humanitarian agencies in an environment of this nature: dialogue with the gangs, education, services, and dialogue on fundamental issues.
Abstract: Territorial gangs are among today's main perpetrators of urban violence, affecting the lives of millions of other people. They try to gain control of a territory in which they then oversee all criminal activities and/or ‘protect’ the people. Such gangs are found to differing degrees on every continent, although those given the most media attention operate in Central America. The violence that they cause has a major impact on the population in general and on their members' families, as well as on the members themselves. Humanitarian organizations may find themselves having to deal with territorial gangs in the course of their ‘normal’ activities in a gang's area, but also when the humanitarian needs per se of people controlled by a gang justify action. This article looks at some courses of action that may be taken by humanitarian agencies in an environment of this nature: dialogue with the gangs (including how to create a degree of trust), education, services, and dialogue on fundamental issues. Such action only makes sense over the medium to long term; it may have a very positive impact but only allows the symptoms of a deep-seated problem to be treated.
TL;DR: In this article, the authors focus on the possible evolution of climate in the course of the 21st century, and a number of key climate impacts that may determine the future course of human societies and the way these may handle issues like rivalries over natural resources, possible environmentally-driven conflicts and migrations.
Abstract: The realization that human beings need to be concerned by the only “life-support system” that the Earth and its environment provides stems perhaps in part from the fact that until fairly recently, the evolution of humankind was largely dependent on the quality of the environment and the resources it provides in terms of water, food, and favorable health conditions. This is still the case today, despite current levels of technology and apparent resilience in the face of often degraded environments in many parts of the world. Today, the conditions for human sustainability (i.e., water quality and quantity, food security and health risks) are potentially under threat as a result of numerous human-induced factors; among these, climatic change is certainly one of the more durable aspects of anthropogenic disruptions to natural resources. This article will thus focus on the possible evolution of climate in the course of the 21st century, and a number of key climate impacts that may determine the future course of human societies and the way these may handle issues like rivalries over natural resources, possible environmentally-driven conflicts and migrations.
TL;DR: Since the care provision includes the same high threshold of harm found elsewhere in the environmental provisions, has this stumbling block now been removed by state practice and is the care obligation worth caring about?
Abstract: Little attention is paid to the obligation of ‘care’ in Article 55(1) of Additional Protocol I. Beyond a general principle of upholding environmental value in times of armed conflict, what is the scope and content of the obligation? If it is worthless, what makes it so? Since the care provision includes the same high threshold of harm found elsewhere in the environmental provisions, has this stumbling block now been removed by state practice? Rule 44 of the Customary Law Study might appear to suggest that this is so, or does it? Ultimately then, is the care obligation worth caring about?
TL;DR: In this article, the long history and the multiple facets of women's involvement in war are recounted from two angles: women at war (participating in war) and women in war (affected by war).
Abstract: Today, war is still perceived as being the prerogative of men only. Women are generally excluded from the debate on belligerence, except as passive victims of the brutality inflicted on them by their masculine contemporaries. Yet history shows that through the ages, women have also played a role in armed hostilities, and have sometimes even been the main protagonists. In the present article, the long history and the multiple facets of women's involvement in war are recounted from two angles: women at war (participating in war) and women in war (affected by war). The merit of a gender-based division of roles in war is then examined with reference to the ancestral practice of armed violence.
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TL;DR: In this paper, an overview of the relevant international law, as well as the gender-specific considerations that need to be taken into account when implementing it, are presented. But, as stated by the authors, "Prison systems are rarely gender sensitive, and are even less so in conflict situations".
Abstract: Prison systems are rarely gender sensitive, and are even less so in conflict situations. When women are detained, it is crucial that international standards, applied with sensitivity to women's particular needs, are brought to bear. This article gives an overview of the relevant international law, as well as the gender-specific considerations that need to be taken into account when implementing it.
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TL;DR: The concept of vanishing points is introduced – places where formal analyses and policy effectively cease, such as the dividing lines between formal and informal economies, and the violence associated with controlling extra-legal profits that is effectively invisible to the public at large.
Abstract: Political violence amplifies contemporary trends occurring worldwide in the twenty-first century: globalization, an increasing reliance on the informal economy, a shift from twentieth-century manufacturing to resource and labour wildcatting, and the growth of complex international extra-legal trade networks. Women are central to all of these, though their roles both as leaders of development and victims of violence are often overlooked in mainstream analyses. To explain these invisibilities, this article introduces the concept of vanishing points – places where formal analyses and policy effectively cease, such as the dividing lines between formal and informal economies, and the violence associated with controlling extra-legal profits that is effectively invisible to the public at large. The realities of women's work amid political violence and postwar development, and across the spectrum of in/formality are explored. The conclusions serve to challenge established notions of power, profit, and economy, and the role of gender within these.
TL;DR: In this article, the authors argue that such intervention would be counterproductive for women's rights and thus constitute a disproportionate response to sexual violence in terms of the international law governing the use of force.
Abstract: Adopting a feminist perspective, this paper analyses the doctrine of humanitarian intervention and its impact on women in recipient states, particularly with regard to sexual violence. By analysing the phenomenon of post-conflict trafficking in Kosovo following the NATO intervention, the author presents a challenge to the ‘feminist hawks’ who have called for military intervention in situations of systematic sexual violence. It is the author's contention that such intervention would be counterproductive for women's rights and thus constitute a disproportionate response to sexual violence in terms of the international law governing the use of force.