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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. 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

4. 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

5. 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

6. 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

7. Oral History And The Rwandan Genocide

Author:
Erin Jessee
Publication Date:
03-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
Erin Jessee is Lord Kelvin Adam Smith Research Fellow in History at the University of Glasgow. She has over a decade of experience conducting oral historical and ethnographic fieldwork in confict-afected settings, particularly in Rwanda, Bosnia and Herzegovina, and Uganda. She is the author of Negotiating Genocide in Rwanda: Te Politics of History, which was published in Palgrave Macmillan’s Studies in Oral History series in 2017. She has also published several articles in notable journals such as Memory Studies, Conflict and Society, History in Africa, Oral History Review, and Forensic Science International, among others.
Topic:
Conflict Resolution, Conflict Prevention, Genocide, International Cooperation, International Law, Humanitarian Intervention, and Conflict
Political Geography:
Rwanda and Global Focus

8. Reasons for Using Mixed Methods in the Evaluation of Complex Projects

Author:
Michael Woolcock
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Evaluations of development projects are conducted to assess their net effectiveness and, by extension, to guide decisions regarding the merits of scaling-up successful projects and/or replicating them elsewhere. The key characteristics of ‘complex’ interventions – numerous face- to-face interactions, high discretion, imposed obligations, pervasive unknowns – rarely fit neatly into standard evaluation protocols, requiring the deployment of a wider array of research methods, tools and theory. The careful use of such ‘mixed methods’ approaches is especially important for discerning the conditions under which ‘successful’ projects of all kinds might be expanded or adopted elsewhere. These claims, and the practical implications to which they give rise, draw on an array of recent evaluations in different sectors in development.
Topic:
International Development, Humanitarian Intervention, and Public Policy
Political Geography:
Global Focus

9. Civil Wars, Intrastate Violence, and International Responses

Author:
Todd Richardson
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Walter H. Shorenstein Asia-Pacific Research Center
Abstract:
From October 22–23, 2018, the U.S.-Asia Security Initiative (USASI) at Stanford University, in conjunction with the Institute for China-U.S. People-to-People Exchange at Peking University and the American Academy of Arts and Sciences (AAAS), gathered scholars and policy practitioners at the Stanford Center at Peking University to participate in the “Civil Wars, Intrastate Violence, and International Responses” workshop. The workshop was an extension of a project examining the threats posed by intrastate warfare launched in 2015 and led by AAAS and Stanford University’s Freeman Spogli Institute for International Studies. The goal of this workshop was to facilitate frank discussions exposing participants to a wide range of views on intrastate violence and international responses. The workshop was divided into sessions that assessed trends in intrastate violence since the end of the Cold War, examined the threats to international security posed by civil wars and intrastate violence, and evaluated international responses, including an analysis of the limits of intervention and a discussion of policy recommendations. Participants also had an opportunity to make closing comments and recommendations for future research. This report provides an executive summary and summaries of the workshop sessions on a non-attribution basis.
Topic:
Civil War, Humanitarian Intervention, Conflict, and Violence
Political Geography:
Global Focus

10. Accountability for War Crimes in Syria: The “Criminalization” Confusion

Author:
Oona A. Hathaway, Paul Strauch, Beatrice Walton, and Zoe Weinberg
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In 1942, three years before World War II came to a close, international lawyer Hersch Lauterpacht prepared a memorandum for the Committee on Crimes Against International Public Order. In it, he considered whether the Nazis should be tried for war crimes when the war ended. Before he could address when and whether to prosecute the Nazis for war crimes, he observed, it was first and foremost necessary to determine “what is a war crime.” Nearly 80 years later, this question looms yet again—this time in the horrific Syrian civil war. No international court or tribunal currently has jurisdiction over the vast crimes committed in Syria since 2011. It seems unlikely at the moment that Syria itself will provide an accounting, and the prospect of the United Nations Security Council agreeing to establish a new tribunal or refer the Syria situation to the International Criminal Court (ICC) appears slim. As a result, domestic courts, mainly in Europe, have taken the lead in pursuing criminal accountability for crimes committed in Syria. The International, Impartial, and Independent Mechanism (IIM), established by the UN General Assembly in 2016, is also beginning to assist domestic Syria-related prosecutions.
Topic:
International Law, United Nations, Humanitarian Intervention, and International Criminal Court (ICC)
Political Geography:
Global Focus