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21. Enhancing the Protection of the Environment in Relation to Armed Conflicts – the Draft Principles of the International Law Commission and Beyond

Author:
Britta Sjostedt and Anne Dienelt
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
n 2011, the UN International Law Commission (ILC) took up the topic Protection of the Environment in Relation to Armed Conflicts.1 The decision was triggered by a joint report issued by the UN Environment Programme and the Environmental Law Institute in 2009 recommending the ILC to “[...] examine the existing international law for protecting the environment during armed conflicts [...] [including] how it can be clarified, codified and expanded [...]”.2 Since the inclusion of the item on the ILC’s agenda, the Commission has published five reports3 by the two special rapporteurs, Dr. Marie Jacobsson (2011-2016) and Dr. Marja Lehto (2017-). In 2019, the plenary adopted 28 Draft Principles on first reading.4 The ILC has touched on highly controversial issues such as reprisals,5 corporate liability,6 indigenous peoples’ rights,7 among others. Nevertheless, it was clear from the beginning that the ILC would not be able to exhaustively deal with the topic for two main reasons. First, the Commission has a limited mandate that is restricted to “[...] initiate studies and make recommendations for the purpose of [...] encouraging the progressive development of international law and its codification [...]”.8 Enhanced legal protection of the environment, as one of the purposes of the Draft Principles,9 must therefore be based on existing customary international law and its progressive development. The Commission decided to also include recommendations to account for the uncertain legal status of some of the Draft Principles.10 Second, some related issues touch upon controversial and political matters, as mentioned earlier. Consequently, the ILC has been reluctant to include some of these issues in its workflow.11 Therefore, the adoption of the Draft Principles should be regarded as a starting point for shaping and developing the legal framework for environmental protection in relation to armed conflicts. As a part of that process, Hamburg University and Lund University organized an international workshop in March 2019 in Hamburg. Several members of the ILC, including two special rapporteurs, academic legal experts, and practitioners, attended the workshop to discuss the Draft Principles. The discussion also focused on some issues not covered by the ILC, such as the implications for gender and climate security. The engaging dialogue in Hamburg has inspired the publication of this Special Issue of the Goettingen Journal of International Law (GoJIL) to ensure that the outcomes and ideas of the workshop reach a wider audience. It has also contributed to maintaining the momentum of this topical area of international law by inviting contributions from researchers not present during the workshop in Hamburg.12
Topic:
Environment, International Law, and Non State Actors
Political Geography:
Global Focus

22. NATO’s needed offensive cyber capabilities

Author:
Ion A. Iftimie
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
NATO Defense College
Abstract:
At the 2016 NATO Summit in Warsaw, cyberspace was recognized as an operational domain in which NATO military forces must be able to maneuver as effectively as they do on land, at sea and in the air. Since then, Allies have conducted several successful offensive cyber operations against non-state adversaries, such as Daesh. Due to technological transformations in recent years, cyber is no longer viewed by NATO and its member states only as a hybrid threat, but also as a weapon in its own right and as a force multiplier in current military operations. Over the next two decades, NATO will look for new ways to integrate cyber weapons (or offensive cyber capabilities) into its operations and missions.
Topic:
Defense Policy, NATO, Non State Actors, and Cybersecurity
Political Geography:
Europe, North America, and Global Focus

23. Making Sense of the Sadrists: Fragmentation and Unstable Politics

Author:
Benedict Robin-D'Cruz and Renad Mansour
Publication Date:
03-2020
Content Type:
Special Report
Institution:
Foreign Policy Research Institute
Abstract:
Iraq’s Sadrist movement, led by populist Shi’i cleric Muqtada al-Sadr, has been at the heart of Iraqi politics since 2003. The movement’s political strategies have shifted dramatically during this time, encompassing militant insurgency, sectarian violence, electoral politics, and reform-oriented street protests. Consequently, despite their prominence, the Sadrists’ shifting positions mean they remain one of the most complex and frequently misunderstood movements in Iraq. This is further compounded by the near-total absence of engagement between the Sadrists and Western, particularly American, governments. As Sadr has changed his movement’s politics again, this time toward a counter-protest stance, U.S. policymakers are once more grappling with the dilemmas posed by a movement that is both powerful and obscure.
Topic:
Foreign Policy, Politics, Non State Actors, and Muqtada al-Sadr
Political Geography:
Iraq and Middle East

24. The “Central African” Jihad: Islamism and Nation-Building in Mozambique and Uganda

Author:
James Barnett
Publication Date:
10-2020
Content Type:
Working Paper
Institution:
Hudson Institute
Abstract:
The Islamic State (IS) has not scored many propaganda victories in the year since Abu Bakr al-Baghdadi was killed by U.S. forces in Idlib, which makes the recent seizure of a Mozambican port by IS-linked jihadists all the more significant. On August 12, 2020, militants seized Mocímboa da Praia in the gas-rich Cabo Delgado province from a demoralized Mozambican army running low on ammunition. This assault on a city of 30,000—the militants’ third and most successful this year 1—marked a notable evolution in an insurgency that began three years ago and was initially characterized by crude and sporadic attacks on villages in the northern province. IS media channels were quick to produce triumphalist statements about the operation, which it attributed to soldiers in its newest affiliate, the Central Africa Province (Wilayat Wasat Ifriqiya or ISCAP).
Topic:
Non State Actors, Violent Extremism, History, and Islamism
Political Geography:
Uganda, Africa, Mozambique, and Central African Republic

25. Iran in Lebanon: A Fatal Occupation

Author:
Hassan Mneimneh
Publication Date:
10-2020
Content Type:
Commentary and Analysis
Institution:
Hudson Institute
Abstract:
In 2020, Lebanon should be celebrating its centenary. It is not. Instead, it is close to terminal collapse as a polity, an economy, and even as a society. Lebanon is under Iranian occupation, although ascertaining this condition may demand some attentive consideration from the uninitiated. Iran’s proponents assess it as a confirmation of the “Axis of Resistance” against imperialism and Zionism; its detractors ascribe it to a deliberate plan of Iranian expansion across the region. However, the Iranian occupation of Lebanon may be rooted in Lebanon’s own tumultuous history rather than in Tehran’s designs. Iran in Lebanon may be more an artifact of history than a product of strategy. In fact, the outcome of Lebanon’s present course may not yield Iran any tangible advantage. And it certainly seems to be on the verge of destroying Lebanon.
Topic:
International Relations, Corruption, Terrorism, Non State Actors, Radicalization, and Hezbollah
Political Geography:
Iran, Middle East, and Lebanon

26. Rising in the East: A Regional Overview of the Islamic State’s Operations in Southeast Asia

Author:
Amira Jadoon, Nakissa Jahanbani, and Charmaine Willis
Publication Date:
07-2020
Content Type:
Special Report
Institution:
The Combating Terrorism Center at West Point
Abstract:
In 2016, the Islamic State acknowledged a series of pledges from Southeast Asian militant groups by declaring Isnilon Hapilon of the Abu Sayyaf Group to be the regional emir and encouraging local supporters to travel to the Philippines to wage jihad. Since 2016, a wave of Islamic State-linked attacks, including attempted and successful suicide attacks across the region, as well as the Marawi siege in 2017 by Islamic State-linked groups, has raised significant regional security concerns. Critical questions about the growing influence of the Islamic State in Southeast Asia, the interconnectedness of Islamic State affiliates, and the risks associated with returning fighters from Iraq and Syria remain unanswered. In the first of a four-part series on the Islamic State in Southeast Asia, this report sheds light on the overarching characteristics of Islamic State-linked operations across Indonesia, Malaysia, and the Philippines between 2014 and 2019, highlighting how the Islamic State’s arrival has affected regional militancy. Drawing on open-source materials, the report maps the characteristics and regional dispersion of Islamic State-linked activity in the region, providing regional and country-level context for the nature of the threat. Additionally, the report identifies six regional militant groups as the Islamic State’s operational affiliates, defined as groups that have claimed attacks concurrently with the Islamic State. The findings of the report draw attention to a marked increase in the use of Islamic State-linked suicide attacks and lethality in 2019, and significant numbers of failed and foiled attacks by Islamic State-affiliated or -inspired individuals in Indonesia and Malaysia. While the most important dimension of the Islamic State threat may be the existing militant infrastructure offered by its operational alliances in the Philippines and Indonesia, the threat in Malaysia exists in the form of independent plotters and radicalized individuals who present a pool of potential recruits for existing networks of militants in the region.
Topic:
International Cooperation, Terrorism, Non State Actors, Counter-terrorism, and Islamic State
Political Geography:
Indonesia, Malaysia, Asia, and Philippines

27. The Puzzle of JNIM and Militant Islamist Groups in the Sahel

Author:
Daniel Eizenga and Wendy Williams
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Africa Center for Strategic Studies
Abstract:
Composed of distinct operational entities, the militant Islamist group coalition Jama’at Nusrat al Islam wal Muslimeen serves the role of obscuring the operations of its component parts in the Sahel, thereby inhibiting a more robust response.
Topic:
Terrorism, Non State Actors, Violent Extremism, and Militant Islam
Political Geography:
Africa, Sahel, and Sub-Saharan Africa

28. After the Pandemic: Reimagining the Role of State and Non-State Actors in (Re)building National Health Systems in the Arab World

Author:
Fadi El-Jardali
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
In the Arab region, countries have become increasingly dependent on non-state actors, notably the private sector, for healthcare provision and any response that includes the State alone may not be sufficient to address the COVID-19 pandemic. This paper explores how state and non-state actors in Arab countries have collaborated so far and suggests ways forward to ensure quality healthcare services for all.
Topic:
Non State Actors, Governance, Health Care Policy, Public Health, Pandemic, and COVID-19
Political Geography:
Africa and Middle East

29. Syria Torture Trial in Germany is an Arab Issue: Where are the Arab Media and Human Rights Organizations?

Author:
Mansour Omari
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The opening in Germany of the trial of two Syrian security officers accused of crimes against humanity was marked by the absence of regional Arab interest, despite its importance for the fight against impunity in MENA. This paper seeks to understand this lack of coverage by Arab media and the absence of interest from national as well as regional Arab human rights organizations, and highlights the implications of the trial for Syria as well as MENA’s struggle for accountability.
Topic:
Human Rights, Non State Actors, Media, and Accountability
Political Geography:
Middle East and Syria

30. Can Non-State Actors Help to Overcome Barriers to State Cooperation? The Case of Global Climate Governance

Author:
Poorti Sapatnekar
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Center for International and Security Studies at Maryland (CISSM)
Abstract:
While nation-states remain primary protagonists in global governance processes, it is increasingly recognized that non-state actors (NSAs) are key players in areas ranging from human rights and civil conflict to infectious disease and nuclear non-proliferation. The area of climate change is an illustrative example. NSAs have been active participants in the margins of the Conference of Parties (COP), the annual meeting of Parties to the UN Framework Convention on Climate Change (UNFCCC), since its inception in 1995 by holding side-events and protests, raising awareness, lobbying, etc. NSAs have also contributed to the development of a “regime complex” in climate governance at the same time. Yet, the determinants and effects of that participation are not well understood. The COP offers a unique opportunity to examine one piece of this puzzle; namely, the factors that enable and motivate NSAs to participate in the design and implementation of international agreements. We use an original dataset of NSA participants at the COP from 1995 to 2016, to examine whether NSAs are well positioned to help states overcome key barriers to cooperation. As NSAs ramp up their participation in climate governance and elsewhere, this study offers insight into their motivations and potential impact on governance outcomes.
Topic:
Climate Change, United Nations, Non State Actors, and Governance
Political Geography:
Global Focus