Armed Conflict

Page 2 of 51

Filter category

Feature post image

Hacking Humanitarians? IHL and the protection of humanitarian organizations against cyber operations

For some years, experts have cautioned that the more humanitarian organizations collect data, the more they ‘are exposed to a growing wave of digital attacks and cyber espionage, and have become highly prized targets’. In late January 2020, the issue made headlines: The New Humanitarian reported a ‘sophisticated’ cyber operation against the UN, including the Office of the High Commissioner for Human Rights. While it remains unclear what type of data was affected, the incident underlines that in today’s world, no organization – national, intergovernmental or humanitarian – can consider itself safe from hostile cyber operations. For humanitarian organizations, like the International Committee of the Red Cross (ICRC), digitalization, strengthening cyber security systems and capabilities, and data protection are priorities (see here, orientation 5). And for a lawyer like myself, it raises the question of what international humanitarian law (IHL) has to say about ‘hacking humanitarians’? Of course, international humanitarian law (IHL) is only one piece of the puzzle. This post is…

Read more

(Not) Investigating Kunduz and (Not) Judging in Strasbourg? Extraterritoriality, Attribution and the Duty to Investigate

  A 2009 airstrike near Kunduz, Afghanistan, that led to more than 100 casualties and was ordered by a German colonel will be the subject of oral arguments in the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) in the case of Hanan v. Germany, tomorrow, 26 February 2020. On 4 September…

Read more

Is Security Council Authorisation Really Necessary to Allow Cross-Border Humanitarian Assistance in Syria?

  In December last year, Russia and China vetoed a draft Security Council resolution that would have renewed the authorisation for humanitarian assistance to be provided in Syria via four designated border-crossings. The authorisation had been in place since Resolution 2165 (2014), and had enabled the provision of humanitarian assistance to more than…

Read more

Mistakes of Fact When Using Lethal Force in International Law: Part III

  To briefly recapitulate our examination of mistake of fact when using lethal force in various sub-fields of international law: such a doctrine is, in its purely subjective form, black letter law in international criminal law. It is also established (even if not labelled as such) in international human rights law and (somewhat less clearly) in international humanitarian…

Read more

Mistakes of Fact When Using Lethal Force in International Law: Part II

  If a state believes that it is the target of an ongoing or imminent armed attack and uses force to repel that attack, but it later turns out that it was mistaken and that there either was no such attack or that there was no necessity to respond to it, is that use of force in putative…

Read more