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91. Social Media

Author:
Carolyne Mande Lunga
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The power of social media in contemporary society cannot be ignored. Social media platforms such as Twitter, Facebook and WhatsApp, among others, provide a space in which society can communicate freely and cheaply, articulating their divergent viewpoints. Social media can be used to promote peace and tolerance if used carefully. However, academics have noted that social media can also have destructive consequences for society, such as heightened conflicts and hatred, due to the spread of “fake” information from various sectors of society. There is empirical evidence showing how social media has been used as a tool to promote hate speech and the isolation of certain groups in society. When parties with divergent viewpoints take their conflict into the offline sphere, it can lead to bloodshed and death.
Topic:
Mass Media, Social Media, Conflict, and Peace
Political Geography:
Global Focus

92. Population Movements, COVID-19, and Conflict Risk

Author:
Sarah Cliffe, Leah Zamore, and Nendirmwa Noel
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Center on International Cooperation (CIC)
Abstract:
As the coronavirus pandemic spreads across the globe, people are also moving in response to the threat of the virus and the actions states have taken to stem its transmission. This memo examines population movements in pandemics and offers relevant policy recommendations. In this policy memo, Sarah Cliffe, Leah Zamore, and Nendirmwa Noel detail the history of population movements during pandemics, provide an overview of the internal and cross-border movements now taking place around the world, and give examples of the restrictions and other measures governments are implementing to to respond. They also supply a number of concrete policy recommendations goverments can take now to improve their management of internal and cross-border movement in the face of COVID-19.
Topic:
Governance, Conflict, Borders, Humanitarian Crisis, and COVID-19
Political Geography:
Global Focus

93. Conflict-Related Sexual Assault— Historic Barriers to International Recognition

Author:
Nicole Mattea
Publication Date:
06-2020
Content Type:
Special Report
Institution:
Chicago Council on Global Affairs
Abstract:
Conflict-Related Sexual Assault— Historic Barriers to International Recognition JUNE 26, 2020 By: Nicole Mattea, Women, Peace, and Security Intern, Chicago Council on Global Affairs In April of 2019, the United Nations Security Council adopted Resolution 2493 within the Women, Peace, and Security Agenda. This resolution recognizes sexual violence occurring on a continuum of violence against women and girls, recognizes national responsibility on addressing sexual violence, and recognizes the need for survivor-based and survivor-centered approaches to preventative and provisionary responses. Despite this resolution and several others adopted within the last several years, it was only a little over a decade ago in 2008 that the United Nations (UN) first recognized the role of sexual violence as a war tactic and began implementing strategies to address and respond to such violence on a global scale. This delay and lack of international attention is due to a series of long-held beliefs about rape, sexual violence, and consent, as well an acceptance of conflict-related sexual violence as inevitable to conflict. To explain the recent emergence of conflict-related sexual violence (CRSV) into international discourse and preventative strategies, I will define CRSV, explain the history of CRSV in international law and international human rights, and examine the belief systems surrounding CRSV that, until recent years, restricted prosecution and peacekeeping efforts.
Topic:
United Nations, Women, Conflict, Sexual Violence, and International Humanitarian Law (IHL)
Political Geography:
Global Focus

94. Through the Looking Glass: Corporate Actors and Environmental Harm Beyond the ILC

Author:
Daniella Dam-de Jong and Saskia Wolters
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Corporate activities take place in a variety of social contexts, including in countries affected by armed conflict. Whether corporations are physically present in these regions or merely do business with partners from conflict zones, there is an increased risk that their activities contribute to egregious human rights abuses or serious environmental harm. This is especially so for corporations active in or relying on the extractives sector. It is against this background that the ILC included two principles addressing corporate responsibility for environmental harm in its Draft Principles on the protection of the environment in relation to armed conflict. Both principles explicitly call on the home States of these corporations to give effect to their complementary role in regulating and enforcing corporate social responsibility. Draft Principle 10 addresses the responsibility of home States to regulate multinational corporations under the heading of “corporate due diligence”, while Draft Principle 11 addresses the responsibility of home States to hold multinational corporations liable for environmental damage caused in conflict zones. The current contribution engages with the potential normative foundations underpinning extraterritorial responsibilities for the home States of multinational corporations with respect to the prevention and remediation of environmental harm in conflict zones, focusing on international humanitarian law and international human rights law. It concludes that the Draft Principles are certainly indicative of the direction in which the law is evolving, but that no firm obligations beyond treaty law can be discerned as of yet. It was therefore a wise decision to phrase the respective Draft Principles as recommendations instead of obligations. At the same time, there are sufficient indications to conclude that it seems a matter of time before it is accepted that States have distinct obligations under customary international law for which their responsibility may be engaged. It is argued that the ILC Draft Principles provide an important impetus to these developments, not in the least because they provide a reference to States regarding the state-of-the-art and guidance for future action.
Topic:
International Law, Conflict, and Multinational Corporations
Political Geography:
Global Focus

95. Business, Armed Conflict, and Protection of the Environment: What Avenues for Corporate Accountability?

Author:
Marie Davoise
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In July 2019, the International Law Commission (ILC) provisionally adopted, on first reading, a series of draft principles on the protection of the environment in relation to armed conflict (the Draft Principles). The role of businesses in armed conflict is addressed in Draft Principle 10 and Draft Principle 11. The latter, in particular, requires States to implement appropriate measures to ensure that corporations operating in or from their territories can be held accountable for environmental harm in the context of armed conflict. The inclusion of those two Draft Principles reflects increasingly vocal calls for corporate accountability, which has been the focus of the growing field of Business and Human Rights (BHR), an umbrella term encompassing a variety of legal regimes from tort law to criminal law. This contribution will look at the link between businesses, the environment, and armed conflict. Using the newly adopted Draft Principle 11 as a starting point, it explores three major liability regimes through which businesses could be held accountable for damage to the environment in armed conflict: State responsibility, international criminal law, and transnational tort litigation. Using case studies, the article discusses some of the challenges associated with each of those regimes, before concluding that the cross-fertilization phenomenon observed in this article (between public/private law, domestic/international level, and across various jurisdictions) is making BHR an increasingly salient discipline and useful tool in the fight against impunity for corporate environmental harm in armed conflict.
Topic:
Human Rights, International Law, Business, and Conflict
Political Geography:
Global Focus

96. Enhancing Environmental Protection During Occupation Through Human Rights

Author:
Karen Hulme
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Environmental protection is not specifically included in treaty law relating to State obligations during situations of occupation. While clearly not of the same scale as damage caused to the environment during armed conflict, damage caused during occupation is often similar in nature – largely due to those who seek to exploit any governance vacuum and a failure to restore damaged environments. What can human rights offer in helping to protect the environment during occupations? What protection can be offered by an analysis of environmental human rights law?
Topic:
Environment, Human Rights, Governance, and Conflict
Political Geography:
Global Focus

97. The Martens Clause and Environmental Protection in Relation to Armed Conflicts

Author:
Dieter Fleck
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The existing treaty law on the protection of the natural environment during armed conflicts is less than adequate. Treaty provisions relating to international armed conflicts are limited to the prohibition of damage of an extreme kind and scale that has not occurred so far and may hardly be expected from the conduct of hostilities unless nuclear weapons would be used. Even in such a scenario, States possessing nuclear weapons have explicitly objected to the applicability of that treaty law. For internal wars, no pertinent treaty provisions exist in the law of armed conflict. Yet multilateral environmental agreements concluded in peacetime stand as an alternative approach to enhance environmental protection during war. As a civilian object, the environment may not be targeted nor attacked in an armed conflict, but this does not exclude collateral damage, nor does this principle as such offer specific standards for proportionality in attacks. In an effort to close these apparent gaps of treaty law, the present contribution looks into other sources of international law that could be used. In this context, the author revisits the role of the famous Martens Clause in the interplay of international humanitarian law, international environmental law, and human rights law. The role of the Clause in closing gaps caused by the indeterminacy of treaty law is reviewed and customary rules, general principles, and best practices are considered to this effect. For the protection of the natural environment during armed conflicts, the Martens Clause may, indeed, be used as a door opener to facilitate the creation and application of uncodified principles and rules. Particular standards for proportionality in attacks can be derived from the Martens Clause. Pertinent soft law instruments need to be developed in international practical cooperation and by academia. Yet it deserves further study to explore whether, and to what extent, the Martens Clause, which was adopted in the law of armed conflict, may also apply in post-conflict peacebuilding as a case of interaction between the jus in bello and the jus post bellum, at least as far as the protection of the natural environment is concerned.
Topic:
International Law, Treaties and Agreements, Humanitarian Intervention, and Conflict
Political Geography:
Global Focus

98. Precaution in International Environmental Law and Precautions in the Law of Armed Conflict

Author:
Michael Bothe
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The protection of the environment in relation to armed conflict, in particular during armed conflict is a complex problem as it involves at least two different fields of international law, the law of armed conflict (international humanitarian law) and international environmental law. Their mutual relationship is a delicate issue. International humanitarian law is not necessarily lex specialis. Three principles deserve particular attention in this connection: as to general international environmental law, the principle of prevention and the precautionary principle, as to international humanitarian law the duty to take precautions. The terms prevention and precaution are used in different contexts in environmental law (both national and international) and in the law of armed conflict. The duty, imposed by international humanitarian law, to take precautions has much in common with, but must be distinguished from, the precautionary approach of general environmental law. This paper shows what these principles mean and how they relate to each other. It answers the question to what extent the rules based on these concepts are effective in restraining environmental damage being caused by military activities. The application of these principles in peace and war serves intergenerational equity and is thus an important element of sustainable development.
Topic:
Environment, International Law, Humanitarian Intervention, and Conflict
Political Geography:
Global Focus

99. The Human Security Deficit as a Cause for Migratory and Refugee Flows: The design of an Accurate Response / El déficit de seguridad humana como causa de los flujos migratorios: el diseño de una respuesta precisa

Author:
Gracia Abad Quintanal
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The end of the Cold War has given way to an impressive tranformation of the security concept, which has experienced an incredible expansion over the last few decades. This expansion has also gone hand by hand with the emergence of new concepts which might allow better analysis in this realm. The human security concept stands out among such new concepts as a result of its analytical value, in spite of all the criticism it has received. One of the questions which has become securitized in the context of the mentioned expansion of the security concept is migration. However, even if migrations have been approached too frequently from a traditional security concept based on the state and its sovereignty, the human seecurity concepts seems a much better tool for the analysis of this reality and its causes. In this sense, we cannot forget that people become migrants or refugees because they see questioned their personal security. Likewise, we have to pay attention to the extent to which, the host states and, particularly, their societies, may see their political, economic and societal security in danger. Therefore, the analysis should pay attention to the security challenges of both, host societies and migrants and refugees. Besides, only an analysis on the basis of the human security concept will allow us to come up with an accurate response to the question of migratory and refugee flows, this is a response which pays attention to some key aspects such as conflict prevention and management an growth and development promotion in the countries of origin of migrants and refugees, always in cooperation with those countries themselves. Such un analysis will show the indivisible nature of security and the fact that the security of host societies and that of migrants and refugees, far from being incompatible, go hand by hand.
Topic:
Development, Migration, Refugees, Conflict, and Human Security
Political Geography:
Europe and Global Focus

100. Military Spending and Official Development Assistance in Recipient States: Is there a Relationship?

Author:
Nan Tian and Diego Lopes da Silva
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Stockholm International Peace Research Institute (SIPRI)
Abstract:
Official development assistance (ODA) plays an important and complementary role in promoting development in low- and middle-income states. Previous research in the literature has shown that ODA can have unintended con­sequences by enabling recipient states to shift ‘freed-up’ resources away from activities now funded by ODA to other spending categories. This literature has argued that the ‘freed-up’ resources could be funding military spending. This SIPRI Insights on Peace and Security queries these con­clusions and contributes to the debate by placing the relation­ship between ODA and military spending in context. The results show that, for low-income states, armed conflict is a major explanatory factor in determin­ing the positive association between increases in ODA and increases in military spending. While the existence of armed conflict drives both higher military spending and the need for higher levels of ODA, peace helps to lower military spending and states’ reliance on external aid.
Topic:
Development, Military Spending, Conflict, Peace, and Sustainability
Political Geography:
Global Focus