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1. Addressing Data Gaps on Child, Early, and Forced Marriage in Humanitarian Settings

Author:
Dyan Mazurana and Anastasia Marshak
Publication Date:
01-2020
Content Type:
Special Report
Institution:
Feinstein International Center, Tufts University
Abstract:
The United Nations and its partner agencies have pledged to focus on the problem and eradication of early, child, and forced marriage. On November 12, 2018, the United Nations General Assembly passed a resolution on child, early, and forced marriage. As part of this resolution, the General Assembly highlighted the need for better data collection and disaggregation of that data for improved analysis and learning. This report is a comprehensive and user-friendly concept note for a database on child marriage in humanitarian settings, a first step in eradicating the problem. The report identifies the existing knowledge and data on child marriage in humanitarian settings, gaps in that evidence base, and provides recommendations for moving forward with the creation of a comprehensive database. The authors interviewed key stakeholders on child marriage across program, policy, and academia in combination with a comprehensive literature review. The report was commissioned and funded by Save the Children U.S.
Topic:
Health, Human Rights, Humanitarian Aid, United Nations, Children, Basic Data, and Humanitarian Intervention
Political Geography:
Middle East, North Africa, and Global Focus

2. The Un-Evident Victims of Armed Conflict: Humanitarian Workers

Author:
Tamia Brito
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
n the increasingly complex realm of armed conflict, the impact of armed encounters has expanded beyond the parties to the conflict and the civilian population. There is a deteriorating situation for humanitarian workers as they have become direct targets of organized violence, despite the protection that international law has provided for them. Both International Humanitarian Law (IHL) and International Criminal Law (ICL) have established special protection to personnel providing input and services to the civilian population affected by armed conflict. However, the difference between theory and practice can be rather large. The humanitarian mission is being limited in the field by novel risks brought by armed conflicts. This blog post discusses the achievements of international law in providing special protection to humanitarian aid personnel as part of global recognition of the humanitarian endeavor. It also addresses factual information regarding humanitarian workers, illustrating the risks they experience in the field. To conclude, this blog post exhibits responses that the international community is implementing to mitigate the discrepancy between law and practice. World Humanitarian Day (August 19th) may be an opportunity to remember the relevance of this particular issue and encourage further efforts towards its solution.
Topic:
Humanitarian Intervention, Violence, Humanitarian Crisis, and Armed Conflict
Political Geography:
Global Focus

3. Mixing politics and force: Syria’s Constitutional Committee in review

Author:
Lars Hauch
Publication Date:
08-2020
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
This report examines Syria’s Constitutional Committee process and parallel military developments during the Syrian civil war to reveal that the two have so far been interconnected. It arrives at the conclusion that the Government of Syria and Russia created and subsequently manipulated various linkages between conference room and battlefield to increase their own advantage. This has included the use of the Constitutional Committee as a placeholder to avoid greater Western diplomatic, or even military, efforts to resolve the conflict; the deliberate targeting of civilians and civilian infrastructure to force opposition bodies out of Syria; and polarization of the Committee by engaging in continuous human rights abuses among the Syrian population during negotiations. The Constitutional Committee can still help build bridges, but this requires redressing the balance of forces on the battlefield first. A joint Turkish-European military humanitarian intervention in northwestern Syria can serve this purpose and revitalize efforts to negotiate a (late) solution to the war.
Topic:
Diplomacy, Constitution, Humanitarian Intervention, Syrian War, and Negotiation
Political Geography:
Russia, Middle East, and Syria

4. Reflections on the Legality of Attacks Against the Natural Environment by Way of Reprisals

Author:
Stavros-Evdokimos Pantazopoulos
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The paper examines the concept of belligerent reprisals and assesses the legality of attacking the environment by way of reprisals. The law of belligerent reprisals, which is linked to the principle of reciprocity, allows one belligerent State unlawfully injured by another to react by means of what under normal circumstances would constitute a violation of the jus in bello, so as to induce the violating State to comply with the law. The instances of lawful recourse to reprisals have been considerably limited, since their application is either explicitly prohibited against certain protected persons and objects, including against the natural environment, or is subject to stringent conditions according to customary International Humanitarian Law (IHL). Despite its narrowing scope, the doctrine of reprisals remains a valid concept under the existing legal framework. For one, the state of affairs under customary international law with respect to reprisals directed at civilian objects (including against parts of the environment), subject to certain rigorous conditions, remains unclear. To complicate matters even further, any proposition on the status of reprisals in the context of a non-international armed conflict (NIAC) is shrouded in controversy, as there is no relevant treaty provision. In this regard, the present author endorses the approach espoused in the International Committee of the Red Cross (ICRC) Study on Customary IHL, namely to altogether prohibit resort to reprisals in the context of a NIAC. Turning to the status of reprisals against the natural environment under customary IHL, it is argued that a prohibition of attacks against the natural environment by way of reprisals is in the process of formation with respect to the use of weapons other than nuclear ones. All things considered, the International Law Commission (ILC) was confronted with an uncomfortable situation in the context of its work on the ‘Protection of the Environment in Relation to Armed Conflicts’. By sticking to the verbatim reproduction of Article 55(2) of Additional Protocol I, the ILC chose the proper course of action, since any other formulation would not only undercut a significant treaty provision, but might also result in the normative standard of conduct being lowered.
Topic:
Environment, International Law, Humanitarian Intervention, and Red Cross
Political Geography:
Global Focus

5. 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

6. 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

7. Peace as a Human Right: Outlook of the Relationships between Human Rights and Peace from the 21st Century | Bir İnsan Hakkı Olarak Barış: İnsan Hakları/Barış İlişkisinin 21. Yüzyıldan Görünümü

Author:
Fatma Akkan Güngör and Zehra Aksu
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
Novus Orbis: Journal of Politics & International Relations
Institution:
Department of International Relations, Karadeniz Technical University
Abstract:
The 20th century has been regulated with a conservative principle due to the fact that states could not be able to solve their national and international problems on their own, and therefore should embrace the concept of global cooperation. That is the reason why state sovereignty has been the subject of many discussions until today. When peace emerged as a human right in the form of solidarity, it was taken into consideration in the literature together with the concept of humanitarian intervention. Furthermore, after that, its validity was discussed in the context of state sovereignty. While all these discussions are taking place, many philosophers/academics, who focus on the problematic of state right or human right and whose ideas evolve to peace studies over the inevitability of wars and reach a stalemate between the subject or state over the right of intervention, bring the old concepts back to the agenda and produce new ideas for the new order. Based on the question of whether peace should be in the system or within the nation, the main problematic in this era is whether a society that includes the entire universe or a system in which the sovereignty principles of states will continue and whether a system, in which wars are also possible, will be accepted as "right" by the subject. | 20. yüzyıl devletler için ulusal ve uluslararası sorunlarını tek başlarına çözemeyecekleri ve bu nedenle küresel işbirliğine yanaşmaları düzleminde muhafazakar ilkeyle düzenlenmiş ve günümüze kadar geçen sürede devlet egemenliği birçok tartışmaya konu olmuştur. Barış, dayanışma türünde bir insan hakkı olarak ortaya çıktığında literatürde insani müdahale kavramı ile birlikte ele alınmış ve sonrasında devlet egemenliği bağlamında geçerliliği tartışılmıştır. Tüm bu tartışmalar yaşanırken devlet hakkı mı insan hakkı mı sorunsalına odaklanan ve savaşların kaçınılmazlığı üzerinden barış çalışmalarına evrilen ve müdahale hakkı üzerine özne mi devlet mi çıkmazında kalan birçok düşünür, eski kavramları yeniden gündeme taşımakta ve yeni düzene yeni düşünceler üretmektedir. Barışın sistemde mi ulusta mı olması gerektiği sorusu üzerinden hareketle ana sorunsal, bu çağda tüm evreni içine alacak bir toplumun mu yoksa devletlerin egemenlik ilkelerinin devam edeceği ve savaşların da olası olduğu bir sistemin mi özne tarafından doğru kabul edileceğidir.
Topic:
Human Rights, International Cooperation, Sovereignty, Self Determination, Humanitarian Intervention, and Peace
Political Geography:
Global Focus

8. U.S. War in Afghanistan: From Intervention to Counterinsurgency

Author:
Shahid Ahmed Afridi and Marium Fatima
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
US military intervention in Afghanistan was decisive and forceful, however, the Taliban’s insurgency inevitably transformed U.S. military doctrine and strategy from conventional military intervention into Counterinsurgency’s kinetic and non-kinetic operations. U.S. strategic and operational methodology despite exhausting all possibilities; troops’ surge, air dominance/surveillance, non-kinetic peace building operations, failed to dislodge the threat of Taliban violence. An effort is made to identify the underlying factors contributory to the failure of the U.S. strategy, tactics and other challenges faced despite having unparalleled military superiority. This paper further probes the U.S. military strategic repositioning, social structure with the warlords and critically examines how the conflict drifted from intervention into Counterinsurgency irregular warfare.
Topic:
Counterinsurgency, Humanitarian Intervention, Military Intervention, and Conflict
Political Geography:
Afghanistan, South Asia, North America, and United States of America

9. IS THE RESPONSIBILITY TO PROTECT DEAD? THE VIEW FROM LIBYA

Author:
Lisa Hultman
Publication Date:
02-2020
Content Type:
Commentary and Analysis
Institution:
Political Violence @ A Glance
Abstract:
World leaders met recently in Berlin to discuss solutions for ending the civil conflict in Libya. The United Nations (UN)-backed government currently lacks control over large parts of the country, while the opposition is backed by several countries—Russia, Egypt, and Saudi Arabia, among others. Hundreds of people have been killed in the last year alone, and thousands displaced. This was surely not the anticipated outcome of the NATO-led military intervention in 2011—an intervention authorized by the UN and justified in the name of Responsibility to Protect (R2P), a doctrine adopted by the UN General Assembly in 2005, that commits countries and the international community to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. Libya is the only time in history that military intervention has been justified on the grounds of R2P.
Topic:
NATO, United Nations, Humanitarian Intervention, and Responsibility to Protect (R2P)
Political Geography:
Libya

10. Punishing the Regime, Protecting Syrians: The Dilemma of Sanctions on Syria

Author:
Mechym Zaki
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Sanctions have so far failed to change the Syrian regime behaviour, and despite their stated objectives of minimizing harm to the population, indicators show that sanctions are hitting ordinary Syrians the hardest. This paper looks at the mechanisms that Assad has been using to overcome the impact of sanctions on its power structure and provides recommendations on how to make sanctions more effective against the regime while mitigating their negative impact on Syrians.
Topic:
Sanctions, Authoritarianism, Humanitarian Intervention, and Quality of Life
Political Geography:
Middle East and Syria