Open AccessBook
Non-International Armed Conflicts in International Law
TLDR
In this paper, the authors present a framework for LONIAC, including the preconditions of a NIAC, as well as the principal LONIC treaty provisions.Abstract:
1. The framework 2. The preconditions of a NIAC 3. Thresholds and interaction of armed conflicts 4. Insurgent armed groups and individuals 5. Foreign intervention in a NIAC 6. Recognition 7. State responsibility 8. The principal LONIAC treaty provisions 9. Additional treaty texts 10. NIAC war crimes 11. LONIAC customary international law 12. LONIAC and human rights law Conclusions.read more
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Naval mines: Legal considerations in armed conflict and peacetime
TL;DR: In this article, the key elements of the legal framework in which naval mines are used both across the spectrum of conflict and during peacetime are examined, and the obligations placed upon States in peacetime, and under the law of neutrality, when the use and presence of naval mines is a relevant factor is also analyzed.
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When Does a Child 'Participate Actively in Hostilities' under the Rome Statute? Protecting Children from Use in Hostilities after Lubanga
TL;DR: In this article, the scope of activities children may engage in for a defendant to be convicted for using them to participate in hostilities under the Statute of the International Criminal Court (ICC).
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Drone use “outside areas of active hostilities”: an examination of the legal paradigms governing us covert remote strikes
TL;DR: The authors examines the use by the US of drone strikes in regions described as "outside areas of active hostilities" a phrase that appears to presume the application of international humanitarian law, and examines these regions to assess whether armed conflicts can be said to exist, and thereby whether international human rights law does in fact apply.
Book
The Military Commander's Necessity: The Law of Armed Conflict and its Limits
TL;DR: In this paper, the authors argue that military necessity itself is not a limitation, but a highly discretionary exercise: the assessment of military necessity, and that there is little guidance as to how this discretionary process should be exercised, apart from the notions of reasonable military commanders.
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Decision support model for effects estimation and proportionality assessment for targeting in cyber operations
TL;DR: A multi-layered fuzzy model was designed and implemented by analysing real and virtual realistic cyber operations combined with interviews and focus groups with technical – military experts to assess proportionality in order to support targeting decisions in cyber operations.
References
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The Emerging Right to Democratic Governance
TL;DR: In 1991, U.S. Secretary of State James A. Baker III as discussed by the authors argued that the legitimacy of the new Confederation of American States was not made evident solely by the transfer of power from Britain but also needed to be acknowledged by mankind.
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International Criminalization of Internal Atrocities
TL;DR: For half a century, the Nuremberg and Tokyo trials and national prosecutions of World War II cases remained the major instances of criminal prosecution of offenders against fundamental norms of international humanitarian law as discussed by the authors.
Book
International law in theory and practice
TL;DR: The nature and reality of international law and its application in a divided world can be found in this paper, with a focus on the use of force in self-defense and the New Law of the Sea.
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Controlling the use of force: a role for human rights norms in contemporary armed conflict
TL;DR: According to protesters, U.S. soldiers fired on them without provocation, killing seventeen people and wounding more than seventy as mentioned in this paper, and returned precision fire on gunmen in the crowd who were shooting at them.
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Typology of armed conflicts in international humanitarian law: legal concepts and actual situations
TL;DR: In this article, international humanitarian law does not contain precise enough criteria to determine which situations fall within its material field of application, as the reality of armed conflict is more complex than the categories anticipated by IHL.