Armed Conflict

Page 1 of 54

Filter category

Feature post image

From Multilateralism to Minilateralism in International Humanitarian Law Compliance

This is the final post in the joint EJIL:Talk and Articles of War blog series from the Oxford Forum for International Humanitarian Law Compliance. Geneva law (the Four Geneva Conventions 1949 and their Additional Protocols 1977 and 2005) has few compliance mechanisms. As I argued in my introduction to this blog series, IHL has an enduring compliance problem. This is because of 1. IHL’s contested primary norms combined with high stakes in the event of their misinterpretation, 2. its delegation of obligations to individual soldiers and armed group fighters, and 3. its history of confidential diplomacy between states and the ICRC or states and their allies, combined with multilateral monitoring initiatives that are either never agreed (such as the ICRC/Swiss Strengthening Compliance Initiative: the subject of Yvette Zegenhagen and Michael Meyer’s post in this series) or fall into disuse (Protecting Powers, the enquiry mechanism, and the meetings of states foreseen by Art 7 Additional Protocol I). Geneva law’s compliance mechanisms apply only to international armed conflicts (with…

Read more

Closing the Gaps: Pre-Deployment Role of the Military Legal Adviser

As US involvement in wars in Iraq and Afghanistan comes to an end after twenty years, it is worth taking stock of how things stand in relation to the Law of Armed Conflict (LOAC). This law serves dual purposes: military necessity (which permits measures which are necessary to fulfil a legitimate military purpose provided they are…

Read more

The Training and Socialization of Combatants to IHL Norms: A Brief Review

Can state and nonstate armed forces and humanitarian organizations socialize combatants to “norms of restraint”—in essence, train soldiers to adopt norms of international humanitarian law (IHL) on the battlefield? And, importantly, how can the effectiveness of this socialization be evaluated? The importance of effective training for generating compliance with IHL has long been recognized by IHL…

Read more

The Afghan War and the Responsibility to Rebuild

1. The fall of Kabul and Joe Biden's speech of 16 August 2021 With the fall of Kabul on August 15, 2021 and US troops hastily withdrawing from Afghanistan, a process still ongoing at the time of writing this contribution (17 August 2021) an intervention and also an experiment lasting almost two decades has come to an end.

Read more

Extraterritorial Investigations in Hanan v. Germany; Extraterritorial Assassinations in New Interstate Claim Filed by Ukraine against Russia

In this post I will discuss two recent developments on the extraterritoriality of human rights front – the judgment of the Grand Chamber of the European Court of Human Rights in Hanan v. Germany, no. 4871/16, on the compliance with Article 2 ECHR of the investigation by German authorities into the Kunduz incident in Afghanistan,…

Read more
  • Page 1 of 54
  • Last