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1. A Human Rights-Oriented Approach to Military Operations

Author:
Federico Sperotto
Publication Date:
10-2009
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
Counterinsurgency is the dominant aspect of US operations in Afghanistan, and since ISAF—the NATO-led security and assistance force—has assumed growing security responsibility throughout the country, it is also a mission for the Europeans. The frame in which military operations are conducted is irregular warfare, a form of conflict which differs from conventional operations in two main aspects. First, it is warfare among and within the people. Second, it is warfare in which insurgents avoid a direct military confrontation, using instead unconventional methods and terrorist tactics.
Topic:
Human Rights, Human Welfare, War, and Counterinsurgency
Political Geography:
Afghanistan and Asia

2. The Use of Force against Terrorists: A Reply to Christian J. Tams

Author:
Federico Sperotto
Publication Date:
11-2009
Content Type:
Journal Article
Abstract:
This article comments on Professor Tams's 'The Use of Force against Terrorists'. Tams's study deals with the application of the jus ad bellum to the problem of terrorism and, in particular, the issue of extraterritorial or cross-border use of force against terrorists. Thus, it refers to inter-state relations. The author examined the developments which have occurred in the last 20 years and concluded that there is today an overall tendency to view exceptions to the ban on force more favourably than 20 years ago. If the international community is capable of maintaining a strong stance against terrorism, he wrote, then there is no reason to expect that the jus ad bellum should be immune from (further) change.

3. The International Security Presence in Kosovo and the Protection of Human Rights

Author:
Federico Sperotto
Publication Date:
06-2008
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
On March 11th, 2000, two children who were playing in the neighborhoods of Mitrovica, Kosovo, got hurt by an “unexploded ordnance”. One of them died in the explosion, the other was severely injured. An inquire clarified that the ordnance was a “bomblet”, a part of a cluster bomb dropped during the 1999 NATO air campaign against the Federal Republic of Yugoslavia.
Topic:
Security, Human Rights, Human Welfare, International Cooperation, and International Law
Political Geography:
Kosovo, Yugoslavia, and Balkans

4. Violations of Human Rights during Military Operations in Chechnya

Author:
Federico Sperotto
Publication Date:
02-2007
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
The case-law of the European Court of Human Rights concerning violations of human rights law during armed conflict has been extended after the first decisions on cases arose from violations, committed during the war in Chechnya between 1999 and 2000. In the words of the Court, at that time the situation called for exceptional measures, in order to regain control over the Republic and suppress an illegal armed insurgency. The Court has been ready to admit those measures, including the deployment of army units equipped with heavy combat weapons, military aviation and artillery, were necessary to counter the aggressiveness of the separatists, but in such a way as to avoid or minimize, to the greatest extent possible, damage to civilians. This brief paper focuses on the means and methods employed. It aims firstly at illustrating the core of the Court's decisions, in order to identify the key aspects of the protection granted by the system of the European Convention in situations requiring the use of military force. Then it clarifies the approach of the Court to the law of armed conflict.
Topic:
Human Rights and Human Welfare
Political Geography:
Russia, Europe, Asia, and Chechnya

5. Law in Times of War: the Case of Chechnya

Author:
Federico Sperotto
Publication Date:
08-2007
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the European Convention of 1950 in situations of armed conflict.
Topic:
Human Rights, Human Welfare, and War
Political Geography:
Russia, Europe, Asia, and Chechnya