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Article
Publication date: 1 February 2005

Michel Veuthey

Within the context of an international conference dealing with global challenges, the Atlantic Community and the outlook for international order organized by Webster University

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Abstract

Purpose

Within the context of an international conference dealing with global challenges, the Atlantic Community and the outlook for international order organized by Webster University, Geneva (Switzerland), to propose an approach to strengthening the international order by reviving the global responsibility to abide by fundamental humanitarian rules.

Design/methodology/approach

The twentieth century presented a very disturbing catalog of violations of humanitarian law. In addressing the main question of the conference, namely “What are the true principles of international order today and do we need new rules and organizing principles in the future?”, the author tackles the issue from the international humanitarian law perspective and suggests various instruments (formal and informal) for enhancing the protection of human dignity.

Findings

A global responsibility to abide by fundamental humanitarian rules may be revived through positive law and judicial mechanisms, but also through a new respect for human life, a return to universal values found in all civilizations, religions and traditions, and through a new humanitarian order based on the core concept of humanity.

Originality/value

This paper suggests that it is through a combination of existing legal and humanitarian instruments, and not just one, that the international order can be strengthened.

Details

Foresight, vol. 7 no. 1
Type: Research Article
ISSN: 1463-6689

Keywords

Book part
Publication date: 3 August 2011

Laura A. Dickinson

Because international human rights and humanitarian law traditionally binds only state action, courts must reconceive the state so that nominally nonstate activity, such as the…

Abstract

Because international human rights and humanitarian law traditionally binds only state action, courts must reconceive the state so that nominally nonstate activity, such as the acts of private military contractors, fits within this legal framework. I summarize state action cases under U.S. constitutional law and the nascent jurisprudence in U.S. courts involving the application of international law norms to government contractors. I also consider holding nonstate actors accountable for violations of international law norms through ordinary U.S. domestic law tort suits. Yet, even in this context delineating the public/private divide is a core part of the analysis.

Details

Special Issue Human Rights: New Possibilities/New Problems
Type: Book
ISBN: 978-1-78052-252-4

Article
Publication date: 6 November 2017

Ronan McDermott, Charlotte Luelf, Laura Hofmann and Pat Gibbons

The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological…

Abstract

Purpose

The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological disasters.

Design/methodology/approach

The paper deploys legal analysis to the most relevant bodies of international law pertaining to urban crises and systematically outlines the key legal issues arising.

Findings

International humanitarian law (IHL) and international human rights law (IHRL) provide important protections to vulnerable persons in both human-made and “natural” disaster settings. While the two bodies of law do not draw explicit distinctions between urban and rural settings, their various provisions, and indeed their silence on, crucial issues that would enhance legal protection in urban settings merit greater attention.

Research limitations/implications

The paper provides an overview of the sources of international law of most relevance to urban crises. Further research is required into how the urban environment influences their application concretely in urban settings.

Practical implications

In an era when international law is being challenged from many sources and attention is turning to the increasing potential for urban violence and vulnerability, this paper serves to sensitise the disaster management and humanitarian community to the relevance of international legal frameworks to its activities in urban settings.

Originality/value

This paper considers the most salient international legal issues arising during crises and compares and contrasts how the different bodies of international law (IHL and IHRL) address each of the kinds of crises (conflict, “natural” or technological disaster), respectively.

Details

Disaster Prevention and Management, vol. 26 no. 5
Type: Research Article
ISSN: 0965-3562

Keywords

Book part
Publication date: 4 April 2017

Helen M. Kinsella

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and…

Abstract

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and unnecessary suffering – two concepts that gird the regulation and moderation of war and limit the use of certain means and methods of warfare – were invoked as a means of calling into account the actions of imperial states. These meetings took place in the context of the conflicts in Southeast Asia, following the wars of decolonization and national liberation in the 1950s and 1960s. The participants in these meetings were freedom fighters and liberation movements who used this forum, which was open to them for the first time, to push for a wider understanding of the concepts of superfluous injury and unnecessary suffering. Their intention was to hold imperialism and imperial states accountable for suffering and injury beyond that of physical death or wounding and to recognize the violence of colonization and the social and cultural devastation it brought. These interventions were a critical attempt to broaden and deepen the meaning of the laws of war, to make them responsive to more than established sovereign state violence, and to ensure that they reflected the experience of colonization/decolonization. This episode matters because the prohibitions against unnecessary suffering and superfluous injury are two elements that detail the general prohibition first codified in 1907 Hague Convention IV, Article 22, namely that the “the right of belligerents to adopt means of injuring the enemy is not unlimited.” However, the history and formulation of these two concepts has yet to be fully explored, the meaning of each is debated, and taken together the two are among “the most unclear and controversial rules of warfare.”

Details

International Origins of Social and Political Theory
Type: Book
ISBN: 978-1-78714-267-1

Keywords

Book part
Publication date: 8 March 2016

Abstract

Details

Organizing Disaster
Type: Book
ISBN: 978-1-78560-685-4

Article
Publication date: 14 March 2016

Kosmas Pipyros, Lilian Mitrou, Dimitris Gritzalis and Theodoros Apostolopoulos

The increasing number of cyber attacks has transformed the “cyberspace” into a “battlefield”, bringing out “cyber warfare” as the “fifth dimension of war” and emphasizing the…

2379

Abstract

Purpose

The increasing number of cyber attacks has transformed the “cyberspace” into a “battlefield”, bringing out “cyber warfare” as the “fifth dimension of war” and emphasizing the States’ need to effectively protect themselves against these attacks. The existing legal framework seem inadequate to deal effectively with cyber operations and, from a strictly legal standpoint, it indicates that addressing cyber attacks does not fall within the jurisdiction of just one legal branch. This is mainly because of the fact that the concept of cyber warfare itself is open to many different interpretations, ranging from cyber operations performed by the States within the context of armed conflict, under International Humanitarian Law, to illicit activities of all kinds performed by non-State actors including cybercriminals and terrorist groups. The paper initially presents major cyber-attack incidents and their impact on the States. On this basis, it examines the existing legal framework at the European and international levels. Furthermore, it approaches “cyber warfare” from the perspective of international law and focuses on two major issues relating to cyber operations, i.e. “jurisdiction” and “attribution”. The multi-layered process of attribution in combination with a variety of jurisdictional bases in international law makes the successful tackling of cyber attacks difficult. The paper aims to identify technical, legal and, last but not least, political difficulties and emphasize the complexity in applying international law rules in cyber operations.

Design/methodology/approach

The paper focuses on the globalization of the “cyber warfare phenomenon” by observing its evolutionary process from the early stages of its appearance until today. It examines the scope, duration and intensity of major cyber-attacks throughout the years in relation to the reactions of the States that were the victims. Having this as the base of discussion, it expands further by exemplifying “cyber warfare” from the perspective of the existing European and International legal framework. The main aim of this part is to identify and analyze major obstacles that arise, for instance in terms of “jurisdiction” and “attribution” in applying international law rules to “cyber warfare”.

Findings

The absence of a widely accepted legal framework to regulate jurisdictional issues of cyber warfare and the technical difficulties in identifying, with absolute certainty, the perpetrators of an attack, make the successful tackling of cyber attacks difficult.

Originality/value

The paper fulfills the need to identify difficulties in applying international law rules in cyber warfare and constitutes the basis for the creation of a method that will attempt to categorize and rank cyber operations in terms of their intensity and seriousness.

Details

Information & Computer Security, vol. 24 no. 1
Type: Research Article
ISSN: 2056-4961

Keywords

Article
Publication date: 29 February 2024

Samiksha Mathur and Sonu Agarwal

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal…

Abstract

Purpose

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs.

Design/methodology/approach

The paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers.

Findings

The authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations.

Research limitations/implications

The most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run.

Originality/value

The paper fulfils an identified gap in the positioning of IOs under the international law.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 10 August 2018

Irina Dolinskaya, Maria Besiou and Sara Guerrero-Garcia

Following a large-scale disaster, medical assistance is a critical component of the emergency response. The paper aims to discuss this issue.

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Abstract

Purpose

Following a large-scale disaster, medical assistance is a critical component of the emergency response. The paper aims to discuss this issue.

Design/methodology/approach

Academic and practitioner literature is used to develop a framework studying the effectiveness of the humanitarian medical supply chain (HMSC). The framework is validated by using the findings of interviews conducted with experts and the case study of a serious humanitarian medical crisis (Ebola outbreak in 2014).

Findings

The factors affecting the effectiveness of the HMSC are identified.

Research limitations/implications

To get an expert opinion on the major logistical challenges of the medical assistance in emergencies only 11 interviews with practitioners were conducted.

Originality/value

While the existing academic literature discusses the distribution of various supplies needed by the affected population, limited research focuses specifically on studying the HMSC aspect of the response. This paper closes this gap by describing the HMSC in the case of disaster response, and identifying the factors affecting its effectiveness, especially focusing on the factors that are unique to the medical aspect of the humanitarian supply chain.

Details

Journal of Humanitarian Logistics and Supply Chain Management, vol. 8 no. 2
Type: Research Article
ISSN: 2042-6747

Keywords

Abstract

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-78769-858-1

Expert briefing
Publication date: 24 March 2015

UN emergency aid outlook ahead of the 2016 WHS summit.

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