Law JournalFeeds » Journal of Conflict and Security Law http://law.journalfeeds.com/category/constitutional/journal-of-conflict-and-security-law/ the knowledge syndicate Fri, 10 Feb 2012 02:12:59 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Ian Henderson, The Contemporary Law of Targeting: Military Objectives, Proportionality and Precautions in Attack under Additional Protocol I http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/ian-henderson-the-contemporary-law-of-targeting-military-objectives-proportionality-and-precautions-in-attack-under-additional-protocol-i/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/ian-henderson-the-contemporary-law-of-targeting-military-objectives-proportionality-and-precautions-in-attack-under-additional-protocol-i/20110808/#comments Mon, 08 Aug 2011 10:06:28 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/ian-henderson-the-contemporary-law-of-targeting-military-objectives-proportionality-and-precautions-in-attack-under-additional-protocol-i/20110808/feed/ 0 The Amended UN Model Memorandum of Understanding: A New Incentive for States to Discipline and Prosecute Military Members of National Peacekeeping Contingents? http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-amended-un-model-memorandum-of-understanding-a-new-incentive-for-states-to-discipline-and-prosecute-military-members-of-national-peacekeeping-contingents/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-amended-un-model-memorandum-of-understanding-a-new-incentive-for-states-to-discipline-and-prosecute-military-members-of-national-peacekeeping-contingents/20110808/#comments Mon, 08 Aug 2011 10:06:27 +0000 admin In the past decades, allegations of human rights violations (eg sexual exploitation and abuse (SEA)) committed by UN peacekeepers against the local population repeatedly surfaced, affecting the credibility of UN peacekeeping. In response to reports of such crimes, the UN has implemented various measures to prevent, and ensure accountability for, SEA of the local population by its peacekeepers since 2005. In this process, due to their unique legal position (ie the troop contributors’ exclusive jurisdiction over their criminal conduct in the host state under Status of Forces Agreements) the accountability of military members of national contingents (MMsNCs) was addressed distinctly from other categories of personnel, by way of amendments to the UN Model Memorandum of Understanding. The present study evaluates these amendments against the background of the previously prevailing accountability regime applicable to MMsNCs, in the context of the broader package of preventive and accountability measures adopted by the UN, and in light of previous—more ambitious—amendment proposals that have been circulated since 2005. While recognizing the (theoretical) potential of the amendments to contribute to increased accountability, the article critically assesses whether this solution is sufficient to ensure that UN peace operations are not seen as safe havens by paedophiles and sex tourists. In addition, it considers briefly if and how the accountability of MMsNCs could further be enhanced.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-amended-un-model-memorandum-of-understanding-a-new-incentive-for-states-to-discipline-and-prosecute-military-members-of-national-peacekeeping-contingents/20110808/feed/ 0 Editorial http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-20/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-20/20110808/#comments Mon, 08 Aug 2011 10:06:27 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-20/20110808/feed/ 0 Targeted Killings and International Human Rights Law: The Case of Anwar Al-Awlaki http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/targeted-killings-and-international-human-rights-law-the-case-of-anwar-al-awlaki/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/targeted-killings-and-international-human-rights-law-the-case-of-anwar-al-awlaki/20110808/#comments Mon, 08 Aug 2011 10:06:27 +0000 admin Anwar Al-Awlaki, the high-profile proponent of violent jihad, is reported to have taken on a leadership role in Al-Qaeda in the Arabian Peninsula (AQAP), a US-designated terrorist organization that has committed a chain of terrorist attacks against predominantly US and Yemen targets. After evidence of Al-Awlaki’s involvement in personally instructing acts of terrorism, he was reportedly targeted by US drones just days after the death of Osama bin Laden. Al-Awlaki is said to be harboured by tribes in a remote terrorist safe haven in the Shabwa province of Yemen. Given that Al-Awlaki is present in an area outside of active armed conflict, the USA must justify any killing according to International Human Rights Law (IHRL). It must show that any targeted killing has a domestic legal basis, would be proportionate to the legitimate aim of saving life and absolutely necessary, after less harmful means were exhausted. But a strict domestic law enforcement standard should not necessarily be applied in all cases. Rather in addressing threats from terrorist safe havens abroad, the feasibility of arrest and the concept of imminence must be adapted. Given Al-Awlaki’s leadership position in AQAP, an organization openly committed to, and involved in, ongoing acts of terrorism, an arguable case can be made that his targeted killing would be justified under IHRL.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/targeted-killings-and-international-human-rights-law-the-case-of-anwar-al-awlaki/20110808/feed/ 0 Conceptions of War and Paradigms of Compliance: The ‘New War’ Challenge to International Humanitarian Law http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/conceptions-of-war-and-paradigms-of-compliance-the-new-war-challenge-to-international-humanitarian-law/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/conceptions-of-war-and-paradigms-of-compliance-the-new-war-challenge-to-international-humanitarian-law/20110808/#comments Mon, 08 Aug 2011 10:06:27 +0000 admin The article argues that the so-called ‘new wars’ pose a fundamental challenge to international humanitarian law (IHL). Although not historically new, this type of war differs in crucial respects from the conception of war that underlies the traditional paradigm of compliance of IHL. At the heart of this paradigm lie certain assumptions: that IHL embodies a compromise between the interests of the warring parties and humanitarian concerns, and that the warring parties face a number of incentives to comply with the law. The article argues that these assumptions lose their plausibility under the circumstances of the ‘new wars’. As a result, the traditional enforcement mechanisms of IHL invariably fail in these conflicts. The second part of the article discusses the international legal response to the ‘new wars’. In particular, it considers international criminal prosecutions, the activities of the International Committee of the Red Cross and measures by the United Nations Security Council. In the common elements of these measures the article identifies the contours of a new paradigm of compliance in IHL that shifts the emphasis from voluntary compliance to external enforcement.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/conceptions-of-war-and-paradigms-of-compliance-the-new-war-challenge-to-international-humanitarian-law/20110808/feed/ 0 Israel’s Airstrike on Syria’s Al-Kibar Facility: A Test Case for the Doctrine of Pre-emptive Self-Defence? http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/israels-airstrike-on-syrias-al-kibar-facility-a-test-case-for-the-doctrine-of-pre-emptive-self-defence/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/israels-airstrike-on-syrias-al-kibar-facility-a-test-case-for-the-doctrine-of-pre-emptive-self-defence/20110808/#comments Mon, 08 Aug 2011 10:06:27 +0000 admin This article analyses the legality of Israel’s 2007 airstrike on an alleged Syrian nuclear facility at Al-Kibar—an incident that has been largely overlooked by international lawyers to date. The absence of a threat of imminent attack from Syria means Israel’s military action was not a lawful exercise of anticipatory self-defence. Yet, despite Israel’s clear violation of the prohibition on the use of force there was remarkably little condemnation from other states, suggesting the possibility of growing international support for the doctrine of pre-emptive self-defence. This article argues that the muted international reaction to Israel’s pre-emptive action was the result of political factors, and should not be seen as endorsement of the legality of the airstrike. As such, a lack of opinio juris means the Al-Kibar episode cannot be viewed as extending the scope of the customary international law right of self-defence so as to permit the use of force against non-imminent threats. However, two features of this incident—namely, Israel’s failure to offer any legal justification for its airstrike, and the international community’s apparent lack of concern over legality—are also evident in other recent uses of force in the ‘war on terror’ context. These developments may indicate a shift in state practice involving a downgrading of the role of international law in discussions of the use of force. This may signal a declining perception of the legitimacy of the jus ad bellum, at least in cases involving minor uses of force.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/israels-airstrike-on-syrias-al-kibar-facility-a-test-case-for-the-doctrine-of-pre-emptive-self-defence/20110808/feed/ 0 The Role of Judicial Institutions in the Restoration of Post-Conflict Societies: The Cases of Rwanda and Sierra Leone http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-role-of-judicial-institutions-in-the-restoration-of-post-conflict-societies-the-cases-of-rwanda-and-sierra-leone/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-role-of-judicial-institutions-in-the-restoration-of-post-conflict-societies-the-cases-of-rwanda-and-sierra-leone/20110808/#comments Mon, 08 Aug 2011 10:06:27 +0000 admin This article examines the contributions of international judicial institutions to the restoration of two post-conflict societies (Rwanda and Sierra Leone). The destruction of the legal and socio-political structures of a society is a typical consequence of armed conflicts. Ultimately, it is essential to restore the system and structures in order to sustain the nascent peace at the end of such conflict. The article examines the contribution of the ad hoc tribunals to the security, legal systems and administration of Rwanda and Sierra Leone. It argues that the two tribunals have the legal and physical capability to supplement efforts of the international community to sustain the stability of the two post-conflict societies. It also establishes that the two ad hoc tribunals in Africa make the case for the positive role of international criminal tribunals in the restoration of post-conflict societies.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-role-of-judicial-institutions-in-the-restoration-of-post-conflict-societies-the-cases-of-rwanda-and-sierra-leone/20110808/feed/ 0 Mercenaries in Libya: Ramifications of the Treatment of ‘Armed Mercenary Personnel’ under the Arms Embargo for Private Military Company Contractors http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/mercenaries-in-libya-ramifications-of-the-treatment-of-armed-mercenary-personnel-under-the-arms-embargo-for-private-military-company-contractors/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/mercenaries-in-libya-ramifications-of-the-treatment-of-armed-mercenary-personnel-under-the-arms-embargo-for-private-military-company-contractors/20110808/#comments Mon, 08 Aug 2011 10:06:27 +0000 admin The inclusion of ‘armed mercenary personnel’ within the terms of the arms embargo imposed upon Libya in SC Resolution 1970, and further elaborated in SC Resolution 1973, although largely unnoticed, holds three significant implications. First, there is the apparent reduction of mercenary personnel from the category of combatancy to that of a method or means of warfare. This may have the subtle effect of reducing or eliminating the human dimension in any such persons. Secondly, there is an implicit departure from the notoriously restrictive definition of ‘mercenary’ under international law. While this may have the welcomed effect of reinvigorating the stigmatising appellation and renew its potential utility such an inference may not only be subject to a semantic explanation but further obfuscate what objectionable characteristics are being targeted. Thirdly, the explicit use of the broader term ‘armed mercenary personnel’ is likely to include a significant category of contractors working for Private Military Companies (PMCs). The effect of this is not only to deny armed PMC contractors access to Libyan territory, but crucially illuminates their close proximity to the stigmatised individual mercenary, as defined under international law; the result will be to elucidate the contrived and artificial nature of the legal distinction between the traditional mercenary and the armed PMC contractor. This proximity questions the appropriateness of recent British suggestions of employing PMCs to aid Libyan rebels and may act as a yardstick by which to gauge contemporary regulation frameworks.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/mercenaries-in-libya-ramifications-of-the-treatment-of-armed-mercenary-personnel-under-the-arms-embargo-for-private-military-company-contractors/20110808/feed/ 0 Tom Ruys, ‘Armed Attack’ and Article 51 of the UN Charter. http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/tom-ruys-armed-attack-and-article-51-of-the-un-charter/20110808/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/tom-ruys-armed-attack-and-article-51-of-the-un-charter/20110808/#comments Mon, 08 Aug 2011 10:06:27 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/tom-ruys-armed-attack-and-article-51-of-the-un-charter/20110808/feed/ 0 Noam Lubell, Extraterritorial Use of Force against Non-State Actors http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/noam-lubell-extraterritorial-use-of-force-against-non-state-actors/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/noam-lubell-extraterritorial-use-of-force-against-non-state-actors/20110514/#comments Sat, 14 May 2011 07:24:27 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/noam-lubell-extraterritorial-use-of-force-against-non-state-actors/20110514/feed/ 0 Ulf Engel and Joao Gomes Porto (eds), Africa’s New Peace and Security Architecture: Promoting Norms, Institutionalizing Solution. http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/ulf-engel-and-joao-gomes-porto-eds-africas-new-peace-and-security-architecture-promoting-norms-institutionalizing-solution/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/ulf-engel-and-joao-gomes-porto-eds-africas-new-peace-and-security-architecture-promoting-norms-institutionalizing-solution/20110514/#comments Sat, 14 May 2011 07:24:27 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/ulf-engel-and-joao-gomes-porto-eds-africas-new-peace-and-security-architecture-promoting-norms-institutionalizing-solution/20110514/feed/ 0 Emily Crawford, The Treatment of Combatants and Insurgents under the Law of Armed Conflict http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/emily-crawford-the-treatment-of-combatants-and-insurgents-under-the-law-of-armed-conflict/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/emily-crawford-the-treatment-of-combatants-and-insurgents-under-the-law-of-armed-conflict/20110514/#comments Sat, 14 May 2011 07:24:27 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/emily-crawford-the-treatment-of-combatants-and-insurgents-under-the-law-of-armed-conflict/20110514/feed/ 0 Credible Fact-Finding and Allegations of International Humanitarian Law Violations: Challenges in Theory and Practice http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/credible-fact-finding-and-allegations-of-international-humanitarian-law-violations-challenges-in-theory-and-practice/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/credible-fact-finding-and-allegations-of-international-humanitarian-law-violations-challenges-in-theory-and-practice/20110514/#comments Sat, 14 May 2011 07:24:27 +0000 admin The increasing resort to fact-finding missions from various international actors to address alleged human rights and international humanitarian law violations raises various issues ranging from one of an agreed common methodology to ascertain credibly such allegations to practical questions pertaining for example to the protection of witnesses and victims. This article intends to review some of the challenges arising from conducting fact-finding about international humanitarian law violations. While this contribution suggests that there are common features to fact-finding activities under international humanitarian law and human rights law, it also focuses on specific challenges related to the situation of armed conflict and to the structure of certain international humanitarian law norms that render fact-finding missions complicated. It also aims at presenting both legal and practical challenges with the view to help relevant actors planning more effectively on fact-finding missions on alleged international humanitarian law violations.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/credible-fact-finding-and-allegations-of-international-humanitarian-law-violations-challenges-in-theory-and-practice/20110514/feed/ 0 Status of Forces Deployed on UN Peacekeeping Operations: Jurisdictional Immunity http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/status-of-forces-deployed-on-un-peacekeeping-operations-jurisdictional-immunity/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/status-of-forces-deployed-on-un-peacekeeping-operations-jurisdictional-immunity/20110514/#comments Sat, 14 May 2011 07:24:27 +0000 admin UN military peacekeepers are increasingly being accused of human rights abuses while deployed on UN missions. These personnel are rarely held accountable for their conduct given that they are granted immunity from criminal prosecution by the host State by a plethora of legal instruments, in particular a Status of Forces Agreement (SOFA). This article examines the legal status of UN military contingents while deployed on peacekeeping missions and the consequences this has on the delimitation of jurisdictional lines. It explores the possible theoretical basis for the grant of jurisdictional immunities, to include the law of the visiting forces, diplomatic immunity and the doctrine of ‘functional necessity’. UN SOFAs grant exclusive criminal jurisdiction over military contingents to sending States. However, the UN does not invariably succeed in negotiating a SOFA with the host State. While consent of the host State to the presence of the UN mission might render the UNs Model SOFA applicable automatically, in its absence the status of UN military contingents is unclear. This article argues that the immunity granted to UN military personnel is derived from conventional as opposed to customary international law and goes beyond more qualified or restricted forms of immunity granted elsewhere. It posits that the theoretical justification for the grant of these immunities is the doctrine of ‘functional necessity’. It then questions the nature and extent of immunities actually required by UN operations, positing that ‘functional necessity’ might not require such extensive jurisdictional immunities as those currently granted.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/status-of-forces-deployed-on-un-peacekeeping-operations-jurisdictional-immunity/20110514/feed/ 0 Can the African Union Deliver Peace and Security? http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/can-the-african-union-deliver-peace-and-security/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/can-the-african-union-deliver-peace-and-security/20110514/#comments Sat, 14 May 2011 07:24:27 +0000 admin The African Union (AU) was established in 2002 with the aim of responding effectively to the problems of contemporary Africa, including armed conflict. To that end, it has put in place a framework for managing peace and security in Africa. This article asks whether the AU has the potential to take the lead role in resolving armed conflicts on the African continent. In addressing the question, the article evaluates the three main AU military interventions to date, in Burundi, Darfur and Somalia. It shows how, in each case, resource challenges undermined the AU’s ability to take effective action, and ultimately led to calls for United Nations (UN) intervention. The article’s conclusion is that the AU is currently unable to provide for Africa’s peace and security, especially in contexts where the UN is unwilling to deploy.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/can-the-african-union-deliver-peace-and-security/20110514/feed/ 0 The Conflict in Colombia and the Relationship between Humanitarian Law and Human Rights Law in Practice: Analysis of the New Operational Law of the Colombian Armed Forces http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-conflict-in-colombia-and-the-relationship-between-humanitarian-law-and-human-rights-law-in-practice-analysis-of-the-new-operational-law-of-the-colombian-armed-forces/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-conflict-in-colombia-and-the-relationship-between-humanitarian-law-and-human-rights-law-in-practice-analysis-of-the-new-operational-law-of-the-colombian-armed-forces/20110514/#comments Sat, 14 May 2011 07:24:27 +0000 admin When dealing with non-State actors such as terrorists or guerilla groups, States often have to act in a grey area between International Humanitarian Law (IHL) and International Human Rights Law (IHRL). The constant question is which of these two legal regimes is applicable and what their relationship is. Colombia, a veteran in dealing with non-State actors and internal conflicts, has recently set out to answer that question by applying a new approach of combining IHL and IHRL in a hybrid model. The legal basis for this approach is the new operational law for the Colombian armed forces, which offers guidance to the acting soldiers in the field. The Colombian approach is novel and unique and has to be scrutinized and analysed against the broader background of States’ struggles with non-State armed groups.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-conflict-in-colombia-and-the-relationship-between-humanitarian-law-and-human-rights-law-in-practice-analysis-of-the-new-operational-law-of-the-colombian-armed-forces/20110514/feed/ 0 Local Ownership of Post-Conflict Reconstruction in International Law: The Initiation of International Involvement http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/local-ownership-of-post-conflict-reconstruction-in-international-law-the-initiation-of-international-involvement/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/local-ownership-of-post-conflict-reconstruction-in-international-law-the-initiation-of-international-involvement/20110514/#comments Sat, 14 May 2011 07:24:27 +0000 admin This article seeks to help develop a clearer understanding of the impact of international law on local ownership of post-conflict reconstruction. The particular focus of the article is on popular influence over the decision to initiate international involvement that will at least enable, if not direct, the change and development of state and civil infrastructure. The international legal framework and practice under it are analysed from the perspective of two concurrent, but not entirely co-extensive, rationales for local ownership: a stable situation and self-determination of the people. Attention is given to a number of examples from the past 20 years, specifically, Cambodia, Haiti, Bosnia and Herzegovina, Sierra Leone, Solomon Islands, Kosovo, East Timor, Afghanistan, Liberia, Iraq and Somalia. A central argument is that the underdeveloped nature of the international legal framework for local ownership is important for the stability of post-conflict situations. In particular, the law of self-determination is argued to be useful because it affords international actors a high level of discretion to determine when a request for their involvement is a sufficient reflection of the will of the people. However, it is also contended that the sustainability of this legal framework rests on international actors exercising their discretion responsibly. This entails refusing to initiate involvement on the basis of a request from a government with little claim to be an embodiment of the will of the people, unless there is strong contextual justification for such a course of action.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/local-ownership-of-post-conflict-reconstruction-in-international-law-the-initiation-of-international-involvement/20110514/feed/ 0 Editorial http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-18/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-18/20110514/#comments Sat, 14 May 2011 07:24:26 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-18/20110514/feed/ 0 The Treaty on the Non-Proliferation of Nuclear Weapons and the Universalization of the Additional Protocol http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-treaty-on-the-non-proliferation-of-nuclear-weapons-and-the-universalization-of-the-additional-protocol/20110514/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-treaty-on-the-non-proliferation-of-nuclear-weapons-and-the-universalization-of-the-additional-protocol/20110514/#comments Sat, 14 May 2011 07:24:26 +0000 admin The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) has been under serious strain for nearly two decades since the ‘discovery’ after the 1991 Gulf War of the clandestine development of nuclear weapons in Iraq. The International Atomic Energy Agency (IAEA) Board of Governors responded to the revelation by adopting the Model Additional Protocol in 1997, which would give the IAEA a much broader power than the comprehensive safeguards agreements (CSA) and would provide credible assurance of the absence of undeclared nuclear material and activities on the territories of its parties. However, the universalization of the Additional Protocol is still a distant goal. This article first considers whether one can argue that the conclusion and bringing into force of an additional protocol is an obligation under the NPT. It then discusses the ways and means to make the Additional Protocol universal. Such ways and means may take the form of a direct call for the conclusion of an additional protocol. Its universalization may also be pursued indirectly by requiring a State to conclude an additional protocol as a condition for benefiting in nuclear cooperation. Legal possibilities and limitations are explored for both of these (direct and indirect) approaches. In doing so, an analysis of the relevant discussions at the 2010 NPT Review Conference held in May 2010 in New York is also provided.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-treaty-on-the-non-proliferation-of-nuclear-weapons-and-the-universalization-of-the-additional-protocol/20110514/feed/ 0 New START, A Preliminary Analysis http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/new-start-a-preliminary-analysis/20101222/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/new-start-a-preliminary-analysis/20101222/#comments Wed, 22 Dec 2010 10:50:01 +0000 admin The New Strategic Arms Reduction Treaty (New START) treaty marks a stage in the continuing reduction of nuclear weapons stockpiles. It also contains novel, genuinely cooperative rules for the verification of the reductions. Both qualities are needed to bring comprehensive nuclear disarmament nearer. Further reductions may lead to a worldwide drawdown of nuclear arsenals to the quantities required for minimum deterrence. And practical experience with cooperative verification routines may allow the creation of the confidence needed to compel further reductions. In this light, the experience gained with a special status of non-deployed weapons may even play a positive role. On the debit side of the balance is the loss of detailed, confidence-boosting verification practices of the START era, although these are balanced by novel verification rules. The results are robust, but the negotiations took longer than expected as a result of what seemed to be internal political struggles. Follow-on negotiations may become tougher. New START does not answer the question whether the Russian Federation will become just a regional nuclear power, adapting to a changing strategic environment. How will its new nuclear order of battle affect strategic stability? Will it rely more rather than less on nuclear deterrence? Formal arms control cannot solve these questions, but will ultimately be judged with these questions in mind.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/new-start-a-preliminary-analysis/20101222/feed/ 0 The Copenhagen Process on the Handling of Detainees in International Military Operations: A Canadian Perspective on the Challenges and Goals of Humane Warfare http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-copenhagen-process-on-the-handling-of-detainees-in-international-military-operations-a-canadian-perspective-on-the-challenges-and-goals-of-humane-warfare/20101222/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-copenhagen-process-on-the-handling-of-detainees-in-international-military-operations-a-canadian-perspective-on-the-challenges-and-goals-of-humane-warfare/20101222/#comments Wed, 22 Dec 2010 10:50:01 +0000 admin The face of war has changed significantly since the end of the Second World War, and it will in all likelihood continue to do so. The apparent historical trend of warfare has shifted from the international, to the internal, to the internationalized. Yet despite the constant evolution in the kinds of wars that humans and States wage against one another, international law—and international humanitarian law (IHL), in particular—has remained relatively ineffective in keeping pace with the legal demands of post-modern warfare. To date, the emergence of terrorist cells, ‘enemy combatants’, and other strictly non-State actors involved in armed conflicts around the globe have proved to be elusive categories to the antiquated legal distinctions present in the vast body of IHL, grounded primarily upon the four Geneva Conventions and their Additional Protocols. The Copenhagen Process on the Handling of Detainees in International Military Operations is a promising attempt to remedy this seeming legal vacuum. Comparing and contrasting the practices of the Canadian and Danish military forces handling of detainees while operating in Afghanistan, this article suggests that the Copenhagen Process, although not a ‘perfect’ system of inclusivity and transparency, is nevertheless a meritorious development in the evolution of IHL that should be supported by all those with an interest in preserving the dignity and well-being of those most deleteriously affected by the threats of warfare—the human beings on the ground.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-copenhagen-process-on-the-handling-of-detainees-in-international-military-operations-a-canadian-perspective-on-the-challenges-and-goals-of-humane-warfare/20101222/feed/ 0 The 2010 United States National Security Strategy and the Obama Doctrine of ‘Necessary Force’ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-2010-united-states-national-security-strategy-and-the-obama-doctrine-of-necessary-force/20101222/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-2010-united-states-national-security-strategy-and-the-obama-doctrine-of-necessary-force/20101222/#comments Wed, 22 Dec 2010 10:50:01 +0000 admin On 27 May 2010 President Barack Obama released his administration’s first National Security Strategy. After the controversial nature of his predecessor’s Strategies of 2002 and 2006 where the Bush doctrine of self-defence was advanced, President Obama’s was a notable publication. However, as this article argues, of more significance was the formal enunciation in this document of what is described here as the Obama doctrine of ‘necessary force’. Whilst the two arms of the Bush doctrine, that is, pre-emptive self-defence and the ‘harbouring’ standard of attribution, failed to find a place within the jus ad bellum during the Bush presidency, President Obama has apparently continued to endorse them. Furthermore, the doctrine of ‘necessary force’ has incorporated unilateral forcible humanitarian intervention under what appears to be a revised version of the ‘just war’ doctrine. Indeed, whilst invoking the ‘standards’ governing the resort to force and the concepts of ‘necessity’ and ‘last resort’, the Obama doctrine, this article argues, is more vague and open to unilateral possibilities than the Bush doctrine and ultimately cannot be reconciled with the contemporary limits imposed by the jus ad bellum. Furthermore, it invokes 21st century security threats in a rejection of the contemporary regime regulating the use of force.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-2010-united-states-national-security-strategy-and-the-obama-doctrine-of-necessary-force/20101222/feed/ 0 Editorial http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-15/20101222/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-15/20101222/#comments Wed, 22 Dec 2010 10:50:01 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-15/20101222/feed/ 0 Exploring the Applicability of Command Responsibility to Private Military Contractors http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/exploring-the-applicability-of-command-responsibility-to-private-military-contractors/20101222/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/exploring-the-applicability-of-command-responsibility-to-private-military-contractors/20101222/#comments Wed, 22 Dec 2010 10:50:01 +0000 admin The aim of this article is to explore the applicability of the doctrine of command responsibility to State officials who have private contractors among their subordinates and to Private Military and Security Companies’ (PMSCs) managers and senior employees who are increasingly hired to perform relevant State functions in very complex situations. After an abbreviated history of the evolution of the doctrine of command responsibility, the author explores the viable options to apply such doctrine both to State officials exercising authority over private subordinates and to private superiors contracted to exercise crucial State functions. It is here submitted that the doctrine, if conceived as a ‘dereliction of duty’ type of liability (liability by omission) and interpreted with flexibility, could represent an appropriate tool to prosecute both State officials having private employees amongst their subordinates and PMSCs managers and senior private contractors exercising their authority over lower ranking private subordinates or over lower ranking military officers. More specifically, building on past episodes and drawing some hypothetical cases, it is possible to argue that there may often be sufficient basis to prove that those in command—whether State officials or PMSCs employees—at least failed to duly supervise their subordinates who committed serious crimes or failed to report them to competent judicial authorities. As far as PMSCs managers are concerned, it could also be contended that they may be responsible for failure to prevent the commission of serious violations of international humanitarian law by not providing adequate training for their employees to whom delicate tasks are assigned, and for failure to report in cases where they did not provide for a functioning and effective reporting system.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/exploring-the-applicability-of-command-responsibility-to-private-military-contractors/20101222/feed/ 0 The Ascension of Blue Beret Accountability: International Criminal Court Command and Superior Responsibility in Peace Operations http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-ascension-of-blue-beret-accountability-international-criminal-court-command-and-superior-responsibility-in-peace-operations/20101222/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-ascension-of-blue-beret-accountability-international-criminal-court-command-and-superior-responsibility-in-peace-operations/20101222/#comments Wed, 22 Dec 2010 10:50:01 +0000 admin Personnel involved in United Nations (UN) peace operations have been found to commit misconduct, some of which amounts to criminal conduct. The UN has been working to establish a disciplinary system which will prevent and punish any misconduct by peace operation personnel. However, the UN cannot prosecute criminal perpetrators. Criminal jurisdiction can only be enacted by states and the International Criminal Court (ICC). This article seeks to analyse how Article 28 of the Rome Statute of the ICC can be used to prosecute commanders and superiors of a UN peace operation for war crimes, crimes against humanity and genocide. The application of Article 28, however, is not straightforward, due to the complexity of the command, authority and control structure of a peace operation. Examination of both military command and civilian superior responsibility is undertaken, including recognition of the cross-over of the roles of military and civilian commanders and superiors in peace operations. While this article argues that prosecution under command and superior responsibility is essential, the complications that may arise with the application of such responsibility are recognized and directions for the prosecutor offered.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-ascension-of-blue-beret-accountability-international-criminal-court-command-and-superior-responsibility-in-peace-operations/20101222/feed/ 0 The Proportionality Equation: Balancing Military Objectives with Civilian Lives in the Armed Conflict in Afghanistan http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-proportionality-equation-balancing-military-objectives-with-civilian-lives-in-the-armed-conflict-in-afghanistan/20101222/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-proportionality-equation-balancing-military-objectives-with-civilian-lives-in-the-armed-conflict-in-afghanistan/20101222/#comments Wed, 22 Dec 2010 10:50:01 +0000 admin It is a long-established principle of ‘just war’ theory that military commanders must risk the lives of soldiers before they kill civilians. Recent airstrikes in Afghanistan, called in by US commanders for the purpose of protecting Afghan or coalition forces, and often involving the use of ‘area-effect weapons’ that do not distinguish between civilians and combatants and result in large numbers of civilian casualties, seem to turn this basic principle on its head. This article considers the application of international humanitarian law to military operations in Afghanistan, with a focus on US airstrikes that have resulted in high numbers of civilian casualties. The structure of international military operations in Afghanistan is described, followed by a discussion of the impact of the conflict on the civilian population—measured, for the purpose of this article, in civilian casualties. The article provides an overview of the applicable legal framework (with a focus on the principles of distinction and proportionality), and a detailed analysis of two operations in Afghanistan which were carried out by US forces in circumstances in which scant regard seems to have been paid to the presence of civilians in the target area, and which resulted in significant civilian casualties. The article concludes with a discussion of individual and/or state accountability for violations of international humanitarian law in Afghanistan, and stresses the importance of thorough, independent and transparent investigations into suspected violations.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-proportionality-equation-balancing-military-objectives-with-civilian-lives-in-the-armed-conflict-in-afghanistan/20101222/feed/ 0 Note: Could ISAF be a PSO? Theoretical Extensions, Practical Problematic and the Notion of Neutrality http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/note-could-isaf-be-a-pso-theoretical-extensions-practical-problematic-and-the-notion-of-neutrality/20101222/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/note-could-isaf-be-a-pso-theoretical-extensions-practical-problematic-and-the-notion-of-neutrality/20101222/#comments Wed, 22 Dec 2010 10:50:01 +0000 admin The present article’s main purpose is to clarify the legal nature of the International Security Assistance Force (ISAF), as well as to discuss whether that legal character was in fact a political choice or a legal necessity. In a nutshell, to discuss if the deployment of ISAF forces throughout Afghanistan instead of maintaining the mandate of the United Nations Security Council Resolution (UNSCR) 1386/2001 was in fact a major transformation or simply the operational elaboration of an already existing legal basis.

To do so, several issues have to be discussed beyond the stereotypes that political practice attempts to inject into legal theory: the military thought behind the Theatre of Operations, the idea of neutrality and impartiality and also the legal and operational importance of characterizing an operation as a Peace-Support or as a war-fighting one are some of them.

This piece of work does not bear the ambition to provide the ultimate answers but, rather, to initiate a discussion in order to bridge the theoretical schemes of academia with the military operational practice of Legal Advisors in the field.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/note-could-isaf-be-a-pso-theoretical-extensions-practical-problematic-and-the-notion-of-neutrality/20101222/feed/ 0 Editorial http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-10/20100813/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-10/20100813/#comments Fri, 13 Aug 2010 10:14:15 +0000 admin (No abstract is available for this citation)

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-10/20100813/feed/ 0 An Enduring Occupation: The Status of the Gaza Strip from the Perspective of International Humanitarian Law http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/an-enduring-occupation-the-status-of-the-gaza-strip-from-the-perspective-of-international-humanitarian-law/20100813/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/an-enduring-occupation-the-status-of-the-gaza-strip-from-the-perspective-of-international-humanitarian-law/20100813/#comments Fri, 13 Aug 2010 10:14:15 +0000 admin The status of the Gaza Strip as occupied territory has been the subject of renewed policy, judicial and academic debate following a series of noteworthy developments in the territory since 2005. This article considers the present status of Gaza from the perspective of international humanitarian law in light of these events, which include Israel’s ‘disengagement’ from the Gaza Strip in 2005, its declaration of Gaza as a ‘hostile territory’ in 2007, and the military action labelled ‘Operation Cast Lead’ which commenced in late 2008. It addresses the concept of occupation and the application of the laws of belligerent occupation, making recourse to the travaux préparatoires of relevant treaties, and international and national jurisprudence. In focusing on the situation in the Gaza Strip, the article assesses the various criteria identified in customary international law for determining the existence of a situation of occupation.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/an-enduring-occupation-the-status-of-the-gaza-strip-from-the-perspective-of-international-humanitarian-law/20100813/feed/ 0 Some Reflections on the International Legal Framework Governing Transnational Armed Conflicts http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/some-reflections-on-the-international-legal-framework-governing-transnational-armed-conflicts/20100813/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/some-reflections-on-the-international-legal-framework-governing-transnational-armed-conflicts/20100813/#comments Fri, 13 Aug 2010 10:14:15 +0000 admin Transnational non-State armed violence calls for a reconsideration of the existing concepts of the ius contra bellum, the ius in bello and international human rights law, and international criminal law in order to see whether new concepts such as the category of ‘transnational armed conflict law’ are needed. This article suggests that current international law can adequately deal with transnational armed conflicts without having to devise fundamentally new legal categories. Instead, it is possible, though intellectually demanding, to adjust and to fine tune the existing legal concepts including, in particular, the right to self-defence and the law of non-international armed conflict, and to construe on that basis an overall legal framework that provides for both a coherent and a reasonably balanced answer to the challenges posed.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/some-reflections-on-the-international-legal-framework-governing-transnational-armed-conflicts/20100813/feed/ 0 Safeguarding Peace and Security in our Warming World: A Role for the Security Council http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/safeguarding-peace-and-security-in-our-warming-world-a-role-for-the-security-council/20100813/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/safeguarding-peace-and-security-in-our-warming-world-a-role-for-the-security-council/20100813/#comments Fri, 13 Aug 2010 10:14:15 +0000 admin In international peace and security dialogue, the fear provoked by climate change pales in comparison with that incited by terrorism or weapons of mass destruction. Climate change is, after all, a non-traditional ‘threat’. Yet climate change may well merit the same level of attention as traditional threats. In light of the growing realities of climate change, unmet through mitigation, it appears that more concerted action is needed. This paper argues that it is to the United Nations Security Council that the world ought to turn for leadership of a global response to climate change security threats through Chapter VII collective security mechanisms. It is argued that climate change threats are tantamount to threats to international peace and security given the evolution of threats since the Charter of the United Nations was signed in 1945. However, an incremental use of Chapter VII measures is necessary, progressing from the less coercive measures to the most extreme use of force only when prompted by the most extreme of circumstances. This paper concludes that there is scope for these Chapter VII measures to be implemented in conjunction with the international environmental law regime to combat climate change.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/safeguarding-peace-and-security-in-our-warming-world-a-role-for-the-security-council/20100813/feed/ 0 Nuclear Containment for the Twenty-First Century: A Mandatory International Nuclear Forensics Data Bank http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/nuclear-containment-for-the-twenty-first-century-a-mandatory-international-nuclear-forensics-data-bank/20100813/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/nuclear-containment-for-the-twenty-first-century-a-mandatory-international-nuclear-forensics-data-bank/20100813/#comments Fri, 13 Aug 2010 10:14:15 +0000 admin This article is a response to the challenge of nuclear non-proliferation for the twenty-first century. It describes the new landscape of nuclear risk and explains the role that the extraordinary developments in nuclear forensics science can play in generating an expansive deterrence to improve nuclear security by governments, and diminish the nuclear risk presented by terrorists and other non-state actors. Exploring the potential of nuclear forensics science, it provides the analysis to understand why that potential is not being realized. The article then proposes, as a practical and achievable foundation for a new and expansive deterrence, the establishment of an international nuclear forensics data bank, and the legal and institutional basis required. It explains the superiority of the proposed international data bank to alternative modalities of nuclear risk reduction such as the imposition of sanctions, revealing the guiding principles for effective nuclear containment in the twenty-first century.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/nuclear-containment-for-the-twenty-first-century-a-mandatory-international-nuclear-forensics-data-bank/20100813/feed/ 0 Tackling Criminal Acts in Peacekeeping Operations: The Accountability of Peacekeepers http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/tackling-criminal-acts-in-peacekeeping-operations-the-accountability-of-peacekeepers/20100813/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/tackling-criminal-acts-in-peacekeeping-operations-the-accountability-of-peacekeepers/20100813/#comments Fri, 13 Aug 2010 10:14:15 +0000 admin United Nations (UN) peacekeeping operations have been increasingly deployed in many crisis contexts. The practice has been established by the UN to ensure peace and protect victims of different types of armed conflict. Unfortunately, during the past ten years, several cases of serious human rights violations committed by peacekeepers against people who should be protected by them have emerged. The UN has gone through a widespread analysis of the issues involved, from the managerial, administrative and legal points of view. The 2005 Zeid Report has provided the basis for further action within the UN system. Since then, several policy and legal measures have been discussed by relevant UN bodies and organs, and some new developments have taken place. This article offers an account and an analysis of the different steps taken within the UN to face difficult cases of misbehaviour, including human rights violations, which may lead to forms of criminal conduct. It takes into consideration the suggestions provided by the Zeid Report and subsequent UN documents. It focuses on legal developments and discusses the main problems in understanding the legal complexity of this phenomenon. The article includes updated documents and proposals that have been discussed and adopted until the most recent reports in 2009.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/tackling-criminal-acts-in-peacekeeping-operations-the-accountability-of-peacekeepers/20100813/feed/ 0 Lindsay Moir, Reappraising the Resort to Force: International Law, Jus ad Bellum and the War on Terror http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/lindsay-moir-reappraising-the-resort-to-force-international-law-jus-ad-bellum-and-the-war-on-terror/20100813/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/lindsay-moir-reappraising-the-resort-to-force-international-law-jus-ad-bellum-and-the-war-on-terror/20100813/#comments Fri, 13 Aug 2010 10:14:15 +0000 admin (No abstract is available for this citation)

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/lindsay-moir-reappraising-the-resort-to-force-international-law-jus-ad-bellum-and-the-war-on-terror/20100813/feed/ 0 The 2003 Invasion of Iraq: How the System Failed http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-2003-invasion-of-iraq-how-the-system-failed/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-2003-invasion-of-iraq-how-the-system-failed/20100422/#comments Thu, 22 Apr 2010 10:23:10 +0000 admin Under international ius ad bellum norms the use of force is always illegal, except when qualified as one of two exceptions: when authorized by a legitimate right of self-defence and when authorized by a relevant UN Security Council Resolution. The Iraq invasion of 2003 has been rationalized as lawful and authorized by a material breach of UNSC Resolution 1441. It is submitted that a breach of that Resolution is insufficient legal grounds for invasion. The Resolution is not explicit enough to warrant such construction and cannot claim to lift or abolish an existing state of cease-fire. It was for the UN not for individual states to decide whether Iraq had failed to fulfill its obligations to such an extent as to warrant punitive military action. The UN refused to take such action. The other argument presented in favour of the invasion's legality was preventive self-defence. Not only was that argument irrelevant, it was also an exercise in convolution – it asserted that legally under certain circumstances pre-emptive self-defence is the same as preventive self-defence. It clearly is not. The self-defence argument rested on two conclusions, subsequently proved false – the alleged weapons of mass destruction arsenal in the possession of Iraq and the alleged links between Al-Qaeda and Saddam Hussein. The invasion wasn't lawful under either of those two arguments. International law does need to adapt to new threats such as terrorist activity and cruel regimes, but not at the cost of making the whole system of ius ad bellum obsolete and [...]]]> Under international ius ad bellum norms the use of force is always illegal, except when qualified as one of two exceptions: when authorized by a legitimate right of self-defence and when authorized by a relevant UN Security Council Resolution. The Iraq invasion of 2003 has been rationalized as lawful and authorized by a material breach of UNSC Resolution 1441. It is submitted that a breach of that Resolution is insufficient legal grounds for invasion. The Resolution is not explicit enough to warrant such construction and cannot claim to lift or abolish an existing state of cease-fire. It was for the UN not for individual states to decide whether Iraq had failed to fulfill its obligations to such an extent as to warrant punitive military action. The UN refused to take such action. The other argument presented in favour of the invasion’s legality was preventive self-defence. Not only was that argument irrelevant, it was also an exercise in convolution – it asserted that legally under certain circumstances pre-emptive self-defence is the same as preventive self-defence. It clearly is not. The self-defence argument rested on two conclusions, subsequently proved false – the alleged weapons of mass destruction arsenal in the possession of Iraq and the alleged links between Al-Qaeda and Saddam Hussein. The invasion wasn’t lawful under either of those two arguments. International law does need to adapt to new threats such as terrorist activity and cruel regimes, but not at the cost of making the whole system of ius ad bellum obsolete and dysfunctional.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-2003-invasion-of-iraq-how-the-system-failed/20100422/feed/ 0 The Obligations Due to Former ‘Protected Persons’ in Conflicts that have Ceased to be International: The People’s Mujahedin Organization of Iran http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-obligations-due-to-former-protected-persons-in-conflicts-that-have-ceased-to-be-international-the-peoples-mujahedin-organization-of-iran/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-obligations-due-to-former-protected-persons-in-conflicts-that-have-ceased-to-be-international-the-peoples-mujahedin-organization-of-iran/20100422/#comments Thu, 22 Apr 2010 10:23:10 +0000 admin On 28 July 2009, around 1000 Iraqi security personnel entered Camp Ashraf, the demilitarized camp of the People's Mujahedin Organization of Iran (PMOI) in Iraq. Several PMOI members were killed and several hundred wounded. US forces had been surrounding the camp providing protection for seven years from the time they took control of the camp in 2003 until January 2009. During this period the United States repeatedly asserted that the camp's inhabitants were ‘protected persons’ under the Geneva Conventions, even though, in the view of the International Committee of the Red Cross, the conflict ceased to be international in nature on 28 June 2004. Amnesty International also issued public statements in 2008 and 2009, stating that the PMOI remained ‘protected persons’ under international humanitarian law. On 26 November 2009 the Audiencia Nacional of Spain also ruled that Ashraf residents are ‘protected persons’ under the Fourth Geneva Convention. This article explores the potential legal bases of these assertions. If there are sound bases for asserting the ‘protected person’ status of the PMOI after 28 June 2004, these may have implications beyond the political particularities of the United States’ relationship with Iran, to the benefit of other former ‘protected persons’ in the ongoing armed conflicts that have ceased to be formally international, in particular for refugees and for [...]]]> On 28 July 2009, around 1000 Iraqi security personnel entered Camp Ashraf, the demilitarized camp of the People’s Mujahedin Organization of Iran (PMOI) in Iraq. Several PMOI members were killed and several hundred wounded. US forces had been surrounding the camp providing protection for seven years from the time they took control of the camp in 2003 until January 2009. During this period the United States repeatedly asserted that the camp’s inhabitants were ‘protected persons’ under the Geneva Conventions, even though, in the view of the International Committee of the Red Cross, the conflict ceased to be international in nature on 28 June 2004. Amnesty International also issued public statements in 2008 and 2009, stating that the PMOI remained ‘protected persons’ under international humanitarian law. On 26 November 2009 the Audiencia Nacional of Spain also ruled that Ashraf residents are ‘protected persons’ under the Fourth Geneva Convention. This article explores the potential legal bases of these assertions. If there are sound bases for asserting the ‘protected person’ status of the PMOI after 28 June 2004, these may have implications beyond the political particularities of the United States’ relationship with Iran, to the benefit of other former ‘protected persons’ in the ongoing armed conflicts that have ceased to be formally international, in particular for refugees and for detainees.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-obligations-due-to-former-protected-persons-in-conflicts-that-have-ceased-to-be-international-the-peoples-mujahedin-organization-of-iran/20100422/feed/ 0 Leashing the Corporate Dogs of War: The Legal Implications of the Modern Private Military Company http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/leashing-the-corporate-dogs-of-war-the-legal-implications-of-the-modern-private-military-company/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/leashing-the-corporate-dogs-of-war-the-legal-implications-of-the-modern-private-military-company/20100422/#comments Thu, 22 Apr 2010 10:23:10 +0000 admin The modern private military company (PMC) is a company that provides martial services through a corporate legal framework, and as such is the contemporary heir to private force providers of the past. This paper challenges the idea that modern PMCs operate in an alleged legal ‘vacuum’, and instead shows that there is a wide array of potentially applicable instruments. This paper addresses this patchwork of law primarily through the lens of mercenarism, first through proscribing international instruments followed subsequently by utilizing South Africa and the United Kingdom as the poles of their domestic counterpart responses. The rights and obligations of PMCs and its employees are then considered in the context of International Humanitarian Law and Human Rights Law, and tentative steps are taken towards considering their liability for war crimes. An attempt is made to advocate for state responsibility of PMC actions to both control their operational excesses and encourage states to address the phenomenon in a unified fashion. At the same time, the paper acknowledges the fact that state responsibility is not the panacea as claimed by some commentators; an analysis of a case study involving the sale of the Indonesian military's services to private interest shows that the privatization of forces is more than simply about the form of its organizational structure. The paper concludes that the PMC activity should nevertheless be included within the state framework to utilize the strength of both International Humanitarian and Human Rights [...]]]> The modern private military company (PMC) is a company that provides martial services through a corporate legal framework, and as such is the contemporary heir to private force providers of the past. This paper challenges the idea that modern PMCs operate in an alleged legal ‘vacuum’, and instead shows that there is a wide array of potentially applicable instruments. This paper addresses this patchwork of law primarily through the lens of mercenarism, first through proscribing international instruments followed subsequently by utilizing South Africa and the United Kingdom as the poles of their domestic counterpart responses. The rights and obligations of PMCs and its employees are then considered in the context of International Humanitarian Law and Human Rights Law, and tentative steps are taken towards considering their liability for war crimes. An attempt is made to advocate for state responsibility of PMC actions to both control their operational excesses and encourage states to address the phenomenon in a unified fashion. At the same time, the paper acknowledges the fact that state responsibility is not the panacea as claimed by some commentators; an analysis of a case study involving the sale of the Indonesian military’s services to private interest shows that the privatization of forces is more than simply about the form of its organizational structure. The paper concludes that the PMC activity should nevertheless be included within the state framework to utilize the strength of both International Humanitarian and Human Rights Law.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/leashing-the-corporate-dogs-of-war-the-legal-implications-of-the-modern-private-military-company/20100422/feed/ 0 Neutrality and Multilateralism after the First World War http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/neutrality-and-multilateralism-after-the-first-world-war/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/neutrality-and-multilateralism-after-the-first-world-war/20100422/#comments Thu, 22 Apr 2010 10:23:10 +0000 admin Neutrality went through a period of convulsion after the First World War. During the inter-war years a number of commentators argued that the League of Nations and the Kellogg–Briand Pact combined had fundamentally changed the law of the use of force to such a degree that neutrality was no longer viable as a doctrine. Ireland as a newly independent state during this period exemplified these debates and as such is a useful prism to aid in the understanding of how other states reacted to the new multilateralism established in the League of Nations. Ireland, similar to other states such as Switzerland, recognized this new multilateralism by joining the League and signing the Kellogg–Briand Pact; yet these states always strived to maintain the capability to declare neutrality. The Second World War brought neutrality to the fore as a core aspect of war-time law. It also required states such as Ireland and Switzerland to utilize neutrality to maintain their sovereignty. Ultimately this influenced how neutrality would be viewed under the UN [...]]]> Neutrality went through a period of convulsion after the First World War. During the inter-war years a number of commentators argued that the League of Nations and the Kellogg–Briand Pact combined had fundamentally changed the law of the use of force to such a degree that neutrality was no longer viable as a doctrine. Ireland as a newly independent state during this period exemplified these debates and as such is a useful prism to aid in the understanding of how other states reacted to the new multilateralism established in the League of Nations. Ireland, similar to other states such as Switzerland, recognized this new multilateralism by joining the League and signing the Kellogg–Briand Pact; yet these states always strived to maintain the capability to declare neutrality. The Second World War brought neutrality to the fore as a core aspect of war-time law. It also required states such as Ireland and Switzerland to utilize neutrality to maintain their sovereignty. Ultimately this influenced how neutrality would be viewed under the UN Charter.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/neutrality-and-multilateralism-after-the-first-world-war/20100422/feed/ 0 Heikelina Verrijn Stuart and Marlise Simons (eds), The Prosecutor and the Judge: Benjamin Ferencz and Antonio Cassese: Interviews and Writings: . http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/heikelina-verrijn-stuart-and-marlise-simons-eds-the-prosecutor-and-the-judge-benjamin-ferencz-and-antonio-cassese-interviews-and-writings/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/heikelina-verrijn-stuart-and-marlise-simons-eds-the-prosecutor-and-the-judge-benjamin-ferencz-and-antonio-cassese-interviews-and-writings/20100422/#comments Thu, 22 Apr 2010 10:23:10 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/heikelina-verrijn-stuart-and-marlise-simons-eds-the-prosecutor-and-the-judge-benjamin-ferencz-and-antonio-cassese-interviews-and-writings/20100422/feed/ 0 Sovereign Equality under the Chemical Weapons Convention: Doughnuts over Holes http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/sovereign-equality-under-the-chemical-weapons-convention-doughnuts-over-holes/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/sovereign-equality-under-the-chemical-weapons-convention-doughnuts-over-holes/20100422/#comments Thu, 22 Apr 2010 10:23:10 +0000 admin By the very nature of treaties, States give up some of their sovereignty in order to achieve a common, desired objective between the parties to the treaty. When it comes to the Chemical Weapons Convention, however, commentators overly emphasize its impact on State sovereignty and equality without acknowledging the ways that it actually preserves State sovereignty and equality, arguably better than other multilateral treaties. This article seeks to bring balance to the debate by focussing on these relatively innovative and much overlooked provisions of the Chemical Weapons Convention, with the hope of encouraging the last seven non-member States to join and the rest to have even greater confidence in this most important of disarmament [...]]]> By the very nature of treaties, States give up some of their sovereignty in order to achieve a common, desired objective between the parties to the treaty. When it comes to the Chemical Weapons Convention, however, commentators overly emphasize its impact on State sovereignty and equality without acknowledging the ways that it actually preserves State sovereignty and equality, arguably better than other multilateral treaties. This article seeks to bring balance to the debate by focussing on these relatively innovative and much overlooked provisions of the Chemical Weapons Convention, with the hope of encouraging the last seven non-member States to join and the rest to have even greater confidence in this most important of disarmament regimes.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/sovereign-equality-under-the-chemical-weapons-convention-doughnuts-over-holes/20100422/feed/ 0 Are Nuclear Weapons Illegal? The Role of Public International Law and the International Court of Justice http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/are-nuclear-weapons-illegal-the-role-of-public-international-law-and-the-international-court-of-justice/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/are-nuclear-weapons-illegal-the-role-of-public-international-law-and-the-international-court-of-justice/20100422/#comments Thu, 22 Apr 2010 10:23:10 +0000 admin Conventional international law contains various limitations on nuclear weapons, such as possession, testing, deployment, use or threat of use. There are a number of general principles of customary nature that could be considered as well with reference to the legality of these weapons of mass destruction. It is argued that given the current threats in the nuclear proliferation, a comprehensive abolition of nuclear weapons through international legal instruments is crucial. This article examines the jurisprudence of the International court of justice (ICJ) on the question of the legality of nuclear weapons in the light of progressive development of international law and recent state practice. It is suggested that modern technological and political developments in the area of nuclear weapons might be supportive of another advisory opinion by the ICJ that could enhance the debate on the comprehensive legal prohibition of nuclear weapons. Possible subject-matter to be included in a request to the ICJ to render an advisory opinion might be whether nuclear-weapon States fulfil their obligation and bring to a conclusion negotiations leading to the comprehensive and effective abolition of these weapons of mass destruction. The article concludes that an appropriate framing of the request would reinforce the practical measures towards effective nuclear disarmament under the law. The ICJ could contribute to changing the whole concept of global and individual States’ security based on a comprehensive convention creating legal obligations for both states and non-states [...]]]> Conventional international law contains various limitations on nuclear weapons, such as possession, testing, deployment, use or threat of use. There are a number of general principles of customary nature that could be considered as well with reference to the legality of these weapons of mass destruction. It is argued that given the current threats in the nuclear proliferation, a comprehensive abolition of nuclear weapons through international legal instruments is crucial. This article examines the jurisprudence of the International court of justice (ICJ) on the question of the legality of nuclear weapons in the light of progressive development of international law and recent state practice. It is suggested that modern technological and political developments in the area of nuclear weapons might be supportive of another advisory opinion by the ICJ that could enhance the debate on the comprehensive legal prohibition of nuclear weapons. Possible subject-matter to be included in a request to the ICJ to render an advisory opinion might be whether nuclear-weapon States fulfil their obligation and bring to a conclusion negotiations leading to the comprehensive and effective abolition of these weapons of mass destruction. The article concludes that an appropriate framing of the request would reinforce the practical measures towards effective nuclear disarmament under the law. The ICJ could contribute to changing the whole concept of global and individual States’ security based on a comprehensive convention creating legal obligations for both states and non-states actors.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/are-nuclear-weapons-illegal-the-role-of-public-international-law-and-the-international-court-of-justice/20100422/feed/ 3 Editorial http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-7/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-7/20100422/#comments Thu, 22 Apr 2010 10:23:09 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-7/20100422/feed/ 0 Drugs as Weapons: Disarmament Treaties Facing the Advances in Biochemistry and Non-Lethal Weapons Technology http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/drugs-as-weapons-disarmament-treaties-facing-the-advances-in-biochemistry-and-non-lethal-weapons-technology/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/drugs-as-weapons-disarmament-treaties-facing-the-advances-in-biochemistry-and-non-lethal-weapons-technology/20100422/#comments Thu, 22 Apr 2010 10:23:09 +0000 admin The contemporary growing investment in non-lethal weapons technology and the rapid advance in science and technology pose significant challenges to the object and purpose of the disarmament system based on the conventions on chemical and biological weapons. The paper discusses whether the present revolution in the life sciences might lead States to skirt the so-called General Purpose Criterion included in both the conventions, which assures a comprehensive approach towards biochemical disarmament. The issue of the use of riot control agents and incapacitants arises in this context. It is important to stress that they belong to different classes of agents: while the former are designed to produce local sensory irritant effects, the latter target the human nervous system and other physiological systems. The paper finally addresses the complex problem of the non-prohibited purposes under the CWC, by dealing with the following two questions: whether it is permissible to use riot control agents in a time of armed conflict and whether other chemical agents, apart from riot control agents, can be lawfully used for law enforcement. The analysis conducted here confirms the continuing relevance of legal interpretation in solving the ambiguities of the current non-proliferation debate: the conclusion is that incapacitating agents do not satisfy the qualitative and quantitative requirements for the purpose of ‘law [...]]]> The contemporary growing investment in non-lethal weapons technology and the rapid advance in science and technology pose significant challenges to the object and purpose of the disarmament system based on the conventions on chemical and biological weapons. The paper discusses whether the present revolution in the life sciences might lead States to skirt the so-called General Purpose Criterion included in both the conventions, which assures a comprehensive approach towards biochemical disarmament. The issue of the use of riot control agents and incapacitants arises in this context. It is important to stress that they belong to different classes of agents: while the former are designed to produce local sensory irritant effects, the latter target the human nervous system and other physiological systems. The paper finally addresses the complex problem of the non-prohibited purposes under the CWC, by dealing with the following two questions: whether it is permissible to use riot control agents in a time of armed conflict and whether other chemical agents, apart from riot control agents, can be lawfully used for law enforcement. The analysis conducted here confirms the continuing relevance of legal interpretation in solving the ambiguities of the current non-proliferation debate: the conclusion is that incapacitating agents do not satisfy the qualitative and quantitative requirements for the purpose of ‘law enforcement’.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/drugs-as-weapons-disarmament-treaties-facing-the-advances-in-biochemistry-and-non-lethal-weapons-technology/20100422/feed/ 0 The Biological Weapons Convention: Securing Biology in the Twenty-first Century http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-biological-weapons-convention-securing-biology-in-the-twenty-first-century/20100422/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-biological-weapons-convention-securing-biology-in-the-twenty-first-century/20100422/#comments Thu, 22 Apr 2010 10:23:09 +0000 admin The Biological Weapons Convention (BWC) is often considered to be a comparatively weak regime. It lacks several components regularly used to address other unconventional weapons (such as nuclear or chemical weapons). I argue that given the peculiarities of ensuring that biology is not used as a weapon, an alternative model might be better suited to strengthen international peace and security and to serve the needs of stakeholder communities. The first section of the paper identifies a set of ten characteristics desirable in any contemporary effort to tackle the potential hostile use of biology. The second section uses these characteristics to assess the utility of traditional arms control approaches. It then discusses how the BWC differs from existing models and characterizes current efforts under the BWC as an evolved networked model. Then I argue that a comparison with the identified desirable characteristics suggests, that in the case of biological weapons at least, an evolved networked model could offer additional benefits for international peace and security. The final section of the paper then examines, at a practical level, how the evolved networked model, as developed in the context of the BWC, meets specific needs of key stakeholder [...]]]> The Biological Weapons Convention (BWC) is often considered to be a comparatively weak regime. It lacks several components regularly used to address other unconventional weapons (such as nuclear or chemical weapons). I argue that given the peculiarities of ensuring that biology is not used as a weapon, an alternative model might be better suited to strengthen international peace and security and to serve the needs of stakeholder communities. The first section of the paper identifies a set of ten characteristics desirable in any contemporary effort to tackle the potential hostile use of biology. The second section uses these characteristics to assess the utility of traditional arms control approaches. It then discusses how the BWC differs from existing models and characterizes current efforts under the BWC as an evolved networked model. Then I argue that a comparison with the identified desirable characteristics suggests, that in the case of biological weapons at least, an evolved networked model could offer additional benefits for international peace and security. The final section of the paper then examines, at a practical level, how the evolved networked model, as developed in the context of the BWC, meets specific needs of key stakeholder communities.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-biological-weapons-convention-securing-biology-in-the-twenty-first-century/20100422/feed/ 0 Out of Context: ‘Undercover’ Operations and IHL Advocacy in the Occupied Palestinian Territories http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/out-of-context-undercover-operations-and-ihl-advocacy-in-the-occupied-palestinian-territories/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/out-of-context-undercover-operations-and-ihl-advocacy-in-the-occupied-palestinian-territories/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin In this article I explore how international humanitarian law (IHL) is used in advocacy on ‘undercover’ operations—the wearing of civilian clothes by Israel's security forces in the Occupied Palestinian Territories (OPT). Assessing applicable legal standards—the duty of combatants to distinguish themselves from the civilian population, and the rule prohibiting perfidy—I show that legal claims, reporting practices and strategies comprising the advocacy on ‘undercover’ operations in the OPT make inadequate and inefficient use of IHL.

Advocacy on ‘undercover’ operations does not reference and utilize appropriate legal standards; nor does it ground allegations and strategies in the normative and factual inquiries these standards entail. Such advocacy is insensitive to highly relevant factual, legal and policy specificities of the OPT. Decontextualized, advocacy on ‘undercover’ operations presents neither a coherent legal argument nor cogent compliance-inducing strategies. It generates inefficient, unpersuasive discourse that more likely undermines than supports the prospects of changing the practices it [...]]]> In this article I explore how international humanitarian law (IHL) is used in advocacy on ‘undercover’ operations—the wearing of civilian clothes by Israel’s security forces in the Occupied Palestinian Territories (OPT). Assessing applicable legal standards—the duty of combatants to distinguish themselves from the civilian population, and the rule prohibiting perfidy—I show that legal claims, reporting practices and strategies comprising the advocacy on ‘undercover’ operations in the OPT make inadequate and inefficient use of IHL.

Advocacy on ‘undercover’ operations does not reference and utilize appropriate legal standards; nor does it ground allegations and strategies in the normative and factual inquiries these standards entail. Such advocacy is insensitive to highly relevant factual, legal and policy specificities of the OPT. Decontextualized, advocacy on ‘undercover’ operations presents neither a coherent legal argument nor cogent compliance-inducing strategies. It generates inefficient, unpersuasive discourse that more likely undermines than supports the prospects of changing the practices it challenges.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/out-of-context-undercover-operations-and-ihl-advocacy-in-the-occupied-palestinian-territories/20100302/feed/ 0 Symposium: The Relationship between International Humanitarian Law and International Human Rights Law http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/symposium-the-relationship-between-international-humanitarian-law-and-international-human-rights-law/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/symposium-the-relationship-between-international-humanitarian-law-and-international-human-rights-law/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/symposium-the-relationship-between-international-humanitarian-law-and-international-human-rights-law/20100302/feed/ 0 Principle or Pragmatics? The Relationship between Human Rights Law and the Law of Armed Conflict http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/principle-or-pragmatics-the-relationship-between-human-rights-law-and-the-law-of-armed-conflict/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/principle-or-pragmatics-the-relationship-between-human-rights-law-and-the-law-of-armed-conflict/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/principle-or-pragmatics-the-relationship-between-human-rights-law-and-the-law-of-armed-conflict/20100302/feed/ 0 A Norm Conflict Perspective on the Relationship between International Humanitarian Law and Human Rights Law http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/a-norm-conflict-perspective-on-the-relationship-between-international-humanitarian-law-and-human-rights-law/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/a-norm-conflict-perspective-on-the-relationship-between-international-humanitarian-law-and-human-rights-law/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin One of the most powerful methods of inducing changes in outcomes governed by international humanitarian law is to add human rights rules and arguments into the equation. This, indeed, is precisely the point of the whole project of linking these two branches of international law. This article explores the relationship between the two bodies of law, and makes several broad propositions. First, that there is a need for a change in perspective, from examining the relationship of the two regimes as such, to the interaction of particular norms that regulate specific situations. Second, that this interaction will frequently result in a norm conflict, and that we have numerous tools at our disposal for either avoiding or resolving these conflicts. Third, that lex specialis is at best a fairly limited tool of norm conflict avoidance, and that it most certainly cannot be used to describe the relationship between human rights and humanitarian law as a whole. Finally, that there are situations where all of our tools will fail us, where a norm conflict will be both unavoidable and unresolvable due to a fundamental incompatibility in the text, object and purpose, and values protected by the interacting norms, and where the only possible solution to the conflict will be a political one. The article identifies three such possible situations of unresolvable antinomy—targeted killings, preventive security detention, and positive obligations during occupation, and addresses recent cases with a norm conflict component, such as Al-Jedda, Behrami, and Al-Saadoon. Though in most cases harmony between human rights and humanitarian law is possible, and indeed desirable, we should not underestimate the practical and political relevance of situations of true norm conflict, which no amount of academic exposition will be able to [...]]]> One of the most powerful methods of inducing changes in outcomes governed by international humanitarian law is to add human rights rules and arguments into the equation. This, indeed, is precisely the point of the whole project of linking these two branches of international law. This article explores the relationship between the two bodies of law, and makes several broad propositions. First, that there is a need for a change in perspective, from examining the relationship of the two regimes as such, to the interaction of particular norms that regulate specific situations. Second, that this interaction will frequently result in a norm conflict, and that we have numerous tools at our disposal for either avoiding or resolving these conflicts. Third, that lex specialis is at best a fairly limited tool of norm conflict avoidance, and that it most certainly cannot be used to describe the relationship between human rights and humanitarian law as a whole. Finally, that there are situations where all of our tools will fail us, where a norm conflict will be both unavoidable and unresolvable due to a fundamental incompatibility in the text, object and purpose, and values protected by the interacting norms, and where the only possible solution to the conflict will be a political one. The article identifies three such possible situations of unresolvable antinomy—targeted killings, preventive security detention, and positive obligations during occupation, and addresses recent cases with a norm conflict component, such as Al-Jedda, Behrami, and Al-Saadoon. Though in most cases harmony between human rights and humanitarian law is possible, and indeed desirable, we should not underestimate the practical and political relevance of situations of true norm conflict, which no amount of academic exposition will be able to fix.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/a-norm-conflict-perspective-on-the-relationship-between-international-humanitarian-law-and-human-rights-law/20100302/feed/ 0 Fragmentation, Lex Specialis and the Tensions in the Jurisprudence of the European Court of Human Rights http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/fragmentation-lex-specialis-and-the-tensions-in-the-jurisprudence-of-the-european-court-of-human-rights/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/fragmentation-lex-specialis-and-the-tensions-in-the-jurisprudence-of-the-european-court-of-human-rights/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin This chapter attempts to radicalize arguments the author has presented in previous collections. He draws on his own experience of taking Kurdish (from 1994 to 1999) and then Chechen (from 2000 to the present) cases to the European Court of Human Rights. He employs materialist and historicized account of international law and human rights for which he contends. He argues that the lex specialis doctrine as developed in recent case-law of the International Court of Justice (the ICJ) contains a category error, insofar as it brings human rights law and humanitarian law into a relationship with each other; for example, that of ‘complementarity’. Chalk is being compared with, or even substituted by, cheese. He starts with an analysis of the confusion of the ICJ. He then turns to the concept of ‘fragmentation of international law’ as it impacts on the issue of the relationship between the two bodies of law, and then outlines what are for him the key differences between IHL and IHRL. Finally, he illustrates his position in contrast to a number of contemporary scholars: Schabas, Droege, Hampson, Abresch, Quenivet and Orakhelashvili. His conclusion is that the European Court of Human Rights has in this matter at least, consciously or not, chosen the correct path in dealing with cases that have come before it, especially the Chechen [...]]]> This chapter attempts to radicalize arguments the author has presented in previous collections. He draws on his own experience of taking Kurdish (from 1994 to 1999) and then Chechen (from 2000 to the present) cases to the European Court of Human Rights. He employs materialist and historicized account of international law and human rights for which he contends. He argues that the lex specialis doctrine as developed in recent case-law of the International Court of Justice (the ICJ) contains a category error, insofar as it brings human rights law and humanitarian law into a relationship with each other; for example, that of ‘complementarity’. Chalk is being compared with, or even substituted by, cheese. He starts with an analysis of the confusion of the ICJ. He then turns to the concept of ‘fragmentation of international law’ as it impacts on the issue of the relationship between the two bodies of law, and then outlines what are for him the key differences between IHL and IHRL. Finally, he illustrates his position in contrast to a number of contemporary scholars: Schabas, Droege, Hampson, Abresch, Quenivet and Orakhelashvili. His conclusion is that the European Court of Human Rights has in this matter at least, consciously or not, chosen the correct path in dealing with cases that have come before it, especially the Chechen cases.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/fragmentation-lex-specialis-and-the-tensions-in-the-jurisprudence-of-the-european-court-of-human-rights/20100302/feed/ 0 ‘To Kill or Not to Kill?’–Dilemmas on the Use of Force http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/to-kill-or-not-to-kill-dilemmas-on-the-use-of-force/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/to-kill-or-not-to-kill-dilemmas-on-the-use-of-force/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/to-kill-or-not-to-kill-dilemmas-on-the-use-of-force/20100302/feed/ 0 The Interplay of Human Rights and Humanitarian Law: The Approach of the ICTY http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-interplay-of-human-rights-and-humanitarian-law-the-approach-of-the-icty/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-interplay-of-human-rights-and-humanitarian-law-the-approach-of-the-icty/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin The interrelationship of international human rights and humanitarian law is, in spite of the existence of a considerable level of literature on point, still somewhat uncertain. There have been claims that the two areas have increasingly converged, which have been countered with arguments to the effect that the twain never shall meet. This piece sees to investigate the relationship between these areas though an empirical analysis of the practice of the ICTY, and the way in which that Tribunal has sought to use human rights jurisprudence in a humanitarian law, and international criminal law, context. To show this, the piece analyses the relevant jurisprudence of the ICTY. Whilst giving credit where it is due, this piece attempts to show that the ICTY's practice, whilst not unimpeachable, has, in its more recent pronouncements, taken a more sophisticated approach than other international courts. With this in mind, he piece argues that in spite of its flaws, the later jurisprudence of the ICTY has helped to show that the interrelationships of international law, criminal law, human rights law, and international criminal law are not simple. As such the ICTY as made a useful contribution to the area, and one which has been somewhat more carefully thought through than the comments of other international courts, who have used the ICTY's jurisprudence without passing comment on the differentials that may exist between international criminal law and international law, and human rights law, in [...]]]> The interrelationship of international human rights and humanitarian law is, in spite of the existence of a considerable level of literature on point, still somewhat uncertain. There have been claims that the two areas have increasingly converged, which have been countered with arguments to the effect that the twain never shall meet. This piece sees to investigate the relationship between these areas though an empirical analysis of the practice of the ICTY, and the way in which that Tribunal has sought to use human rights jurisprudence in a humanitarian law, and international criminal law, context. To show this, the piece analyses the relevant jurisprudence of the ICTY. Whilst giving credit where it is due, this piece attempts to show that the ICTY’s practice, whilst not unimpeachable, has, in its more recent pronouncements, taken a more sophisticated approach than other international courts. With this in mind, he piece argues that in spite of its flaws, the later jurisprudence of the ICTY has helped to show that the interrelationships of international law, criminal law, human rights law, and international criminal law are not simple. As such the ICTY as made a useful contribution to the area, and one which has been somewhat more carefully thought through than the comments of other international courts, who have used the ICTY’s jurisprudence without passing comment on the differentials that may exist between international criminal law and international law, and human rights law, in particular.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-interplay-of-human-rights-and-humanitarian-law-the-approach-of-the-icty/20100302/feed/ 0 George P. Fletcher and Jens David Ohlin, Defending Humanity: When Force Is Justified and Why http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/george-p-fletcher-and-jens-david-ohlin-defending-humanity-when-force-is-justified-and-why/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/george-p-fletcher-and-jens-david-ohlin-defending-humanity-when-force-is-justified-and-why/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/george-p-fletcher-and-jens-david-ohlin-defending-humanity-when-force-is-justified-and-why/20100302/feed/ 0 Editorial http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-5/20100302/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-5/20100302/#comments Tue, 02 Mar 2010 17:47:42 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial-5/20100302/feed/ 0 The Nuclear Test Ban: Lex Lata or de Lege Ferenda? http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-nuclear-test-ban-lex-lata-or-de-lege-ferenda/20091125/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-nuclear-test-ban-lex-lata-or-de-lege-ferenda/20091125/#comments Wed, 25 Nov 2009 05:57:03 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-nuclear-test-ban-lex-lata-or-de-lege-ferenda/20091125/feed/ 0 Note on the Chemical Weapons Convention’s Second Review Conference, Held at The Hague on 7-18 April 2008 http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/note-on-the-chemical-weapons-conventions-second-review-conference-held-at-the-hague-on-7-18-april-2008/20091125/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/note-on-the-chemical-weapons-conventions-second-review-conference-held-at-the-hague-on-7-18-april-2008/20091125/#comments Wed, 25 Nov 2009 05:57:03 +0000 admin After giving an introduction to the Chemical Weapons Convention (1993), which bans all chemical weapons worldwide, Section 2 of this note discusses the preparations for and proceedings of its Second Review Conference. The Conference's procedural aspects are considered in Section 3. Section 4 discusses the main findings of the Conference Report on the Convention's provisions, the extent to which these provisions have been implemented, and the performance of the Convention's compliance supervisor, the Organisation for the Prohibition of Chemical Weapons (OPCW). Section 5 examines the positions taken in the negotiations by the two key groupings of OPCW member states, the European Union (EU) and the Non-Aligned Movement (NAM), and these positions’ impact on the Conference's final Report. In conclusion, as a means of maintaining unity among the States Parties and fostering implementation of all the Convention's provisions in the coming years, Section 6 proposes a renewal of the original ‘buy-in’ of chemically least developed states, which took place when the Convention was first signed. These states have distinctive interests that do not fully coincide with those of the industrialized countries. Between these two categories of states there is a group of chemically emerging economies, whose interests are closer to those of the industrialized [...]]]> After giving an introduction to the Chemical Weapons Convention (1993), which bans all chemical weapons worldwide, Section 2 of this note discusses the preparations for and proceedings of its Second Review Conference. The Conference’s procedural aspects are considered in Section 3. Section 4 discusses the main findings of the Conference Report on the Convention’s provisions, the extent to which these provisions have been implemented, and the performance of the Convention’s compliance supervisor, the Organisation for the Prohibition of Chemical Weapons (OPCW). Section 5 examines the positions taken in the negotiations by the two key groupings of OPCW member states, the European Union (EU) and the Non-Aligned Movement (NAM), and these positions’ impact on the Conference’s final Report. In conclusion, as a means of maintaining unity among the States Parties and fostering implementation of all the Convention’s provisions in the coming years, Section 6 proposes a renewal of the original ‘buy-in’ of chemically least developed states, which took place when the Convention was first signed. These states have distinctive interests that do not fully coincide with those of the industrialized countries. Between these two categories of states there is a group of chemically emerging economies, whose interests are closer to those of the industrialized states.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/note-on-the-chemical-weapons-conventions-second-review-conference-held-at-the-hague-on-7-18-april-2008/20091125/feed/ 0 Myra Williamson, Terrorism, War and International Law: The Legality of the Use of Force against Afghanistan in 2001 http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/myra-williamson-terrorism-war-and-international-law-the-legality-of-the-use-of-force-against-afghanistan-in-2001/20091125/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/myra-williamson-terrorism-war-and-international-law-the-legality-of-the-use-of-force-against-afghanistan-in-2001/20091125/#comments Wed, 25 Nov 2009 05:57:03 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/myra-williamson-terrorism-war-and-international-law-the-legality-of-the-use-of-force-against-afghanistan-in-2001/20091125/feed/ 0 Editorial http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial/20091125/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial/20091125/#comments Wed, 25 Nov 2009 05:57:02 +0000 admin http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/editorial/20091125/feed/ 0 What Will Jus Post Bellum Mean? Of New Wine and Old Bottles http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/what-will-jus-post-bellum-mean-of-new-wine-and-old-bottles/20091125/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/what-will-jus-post-bellum-mean-of-new-wine-and-old-bottles/20091125/#comments Wed, 25 Nov 2009 05:57:02 +0000 admin The idea of a framework of jus post bellum has recently gained momentum as a new category of law to be applied in the post-conflict phase, in order to reconstruct a stable and peaceful society after conflict. This framework of jus post bellum rules seems to be just what the world needs as the rules of jus ad bellum, which regulate the beginning of a war, and the rules of jus in bello, which regulate the conduct of the actual war, are not comprehensive enough to be of constructive help in the post-conflict phase. What is the content of such a jus post bellum framework? Will this framework be useful? Will it consist of international law, national law, or both? Does the necessary international law perhaps exist already and it only remains to reassemble pertinent parts of it and re-label them as jus post bellum? Or does a framework of jus post bellum presuppose the invention of a genuinely new body of law to cater to the particular needs of the post-conflict situation? This article examines all of the above questions, and the possible consequences that a framework of jus post bellum rules may have. These consequences may go so far as to open up the possibility of retroactively conditioning the legality of interventions on respect for the rules of jus post bellum. The authors believe that it is time for a shift in thinking about peacebuilding, especially since a well-regulated post-conflict phase is essential for the well-being of a state's people, something international law is designated to [...]]]> The idea of a framework of jus post bellum has recently gained momentum as a new category of law to be applied in the post-conflict phase, in order to reconstruct a stable and peaceful society after conflict. This framework of jus post bellum rules seems to be just what the world needs as the rules of jus ad bellum, which regulate the beginning of a war, and the rules of jus in bello, which regulate the conduct of the actual war, are not comprehensive enough to be of constructive help in the post-conflict phase. What is the content of such a jus post bellum framework? Will this framework be useful? Will it consist of international law, national law, or both? Does the necessary international law perhaps exist already and it only remains to reassemble pertinent parts of it and re-label them as jus post bellum? Or does a framework of jus post bellum presuppose the invention of a genuinely new body of law to cater to the particular needs of the post-conflict situation? This article examines all of the above questions, and the possible consequences that a framework of jus post bellum rules may have. These consequences may go so far as to open up the possibility of retroactively conditioning the legality of interventions on respect for the rules of jus post bellum. The authors believe that it is time for a shift in thinking about peacebuilding, especially since a well-regulated post-conflict phase is essential for the well-being of a state’s people, something international law is designated to protect.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/what-will-jus-post-bellum-mean-of-new-wine-and-old-bottles/20091125/feed/ 0 Operationalizing the ‘Responsibility to Protect’ and Conflict Prevention: Dilemmas of Civilian Protection in Armed Conflict http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/operationalizing-the-responsibility-to-protect-and-conflict-prevention-dilemmas-of-civilian-protection-in-armed-conflict/20091125/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/operationalizing-the-responsibility-to-protect-and-conflict-prevention-dilemmas-of-civilian-protection-in-armed-conflict/20091125/#comments Wed, 25 Nov 2009 05:57:02 +0000 admin The responsibility to protect is a nascent, highly contentious concept. Although a restrictive understanding of the concept was agreed upon by world leaders in 2005, the perspective of conflict prevention reveals the conceptual gap in terms of its scope, stage, and strength, failing to bridge the gulf between rhetorical support for prevention and tangible commitment to international action. It is argued that this commitment gap can be bridged by exploring the basis and boundaries of the legal responsibility that encompasses the transcending nature of the responsibility to prevent and react at the operational level. The reach of legal responsibility to protect can be defined by drawing on the existing rules of international law relating to the protection of civilians. While such an extension of the legal responsibility to protect can be appreciated as furthering the agenda of conflict prevention, the marriage of the two concepts appears to be destined to failure, causing normative, operational and ethical dilemmas. It will be suggested that a Human Protection Council be established as an alternative ‘right authority’ in order to resolve or mitigate those dilemmas by separating the responsibility to protect civilians from the Security Council's primary responsibility for the maintenance of international peace and [...]]]> The responsibility to protect is a nascent, highly contentious concept. Although a restrictive understanding of the concept was agreed upon by world leaders in 2005, the perspective of conflict prevention reveals the conceptual gap in terms of its scope, stage, and strength, failing to bridge the gulf between rhetorical support for prevention and tangible commitment to international action. It is argued that this commitment gap can be bridged by exploring the basis and boundaries of the legal responsibility that encompasses the transcending nature of the responsibility to prevent and react at the operational level. The reach of legal responsibility to protect can be defined by drawing on the existing rules of international law relating to the protection of civilians. While such an extension of the legal responsibility to protect can be appreciated as furthering the agenda of conflict prevention, the marriage of the two concepts appears to be destined to failure, causing normative, operational and ethical dilemmas. It will be suggested that a Human Protection Council be established as an alternative ‘right authority’ in order to resolve or mitigate those dilemmas by separating the responsibility to protect civilians from the Security Council’s primary responsibility for the maintenance of international peace and security.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/operationalizing-the-responsibility-to-protect-and-conflict-prevention-dilemmas-of-civilian-protection-in-armed-conflict/20091125/feed/ 0 The Applicability of IHL in Mixed Situations of Disaster and Conflict http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-applicability-of-ihl-in-mixed-situations-of-disaster-and-conflict/20091125/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-applicability-of-ihl-in-mixed-situations-of-disaster-and-conflict/20091125/#comments Wed, 25 Nov 2009 05:57:02 +0000 admin There is an increasing number of natural and human-made disasters. There has also been increasing attention given to international disaster response laws. In a recently published study, the International Federation of Red Cross and Red Crescent Societies stated that in mixed situations of disaster and conflict, international humanitarian law will prevail with international disaster response law instruments varying in their applicability. This paper examines whether in fact international humanitarian law is sufficient to deal with mixed situations, in particular, with relief efforts. The author concludes that international humanitarian law is useful as a basis, but other areas of law are essential in filling the gaps, particularly international disaster response laws. As such, the author believes emerging international disaster response law instruments should be encouraged to have a broad scope whereby these instruments include mixed situations [...]]]> There is an increasing number of natural and human-made disasters. There has also been increasing attention given to international disaster response laws. In a recently published study, the International Federation of Red Cross and Red Crescent Societies stated that in mixed situations of disaster and conflict, international humanitarian law will prevail with international disaster response law instruments varying in their applicability. This paper examines whether in fact international humanitarian law is sufficient to deal with mixed situations, in particular, with relief efforts. The author concludes that international humanitarian law is useful as a basis, but other areas of law are essential in filling the gaps, particularly international disaster response laws. As such, the author believes emerging international disaster response law instruments should be encouraged to have a broad scope whereby these instruments include mixed situations too.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-applicability-of-ihl-in-mixed-situations-of-disaster-and-conflict/20091125/feed/ 0 The European Union and Crisis Management: Will the Lisbon Treaty Make the EU More Effective? http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-european-union-and-crisis-management-will-the-lisbon-treaty-make-the-eu-more-effective/20091125/ http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-european-union-and-crisis-management-will-the-lisbon-treaty-make-the-eu-more-effective/20091125/#comments Wed, 25 Nov 2009 05:57:02 +0000 admin The European Union's security and defence policy (ESDP) was invented 10 years ago and has been operational for more than five years. During this period the EU has launched over 20 ESDP missions allowing the organization to be engaged in international crisis management in various ways. The coming years will reveal whether the European Union is able to meet its ambitions to carry out a greater number of more complex ESDP missions in higher-risk theatres. While the EU has stepped up the plate to meet these challenges, the three case studies discussed in this article (EULEX Kosovo, EUPOL Afghanistan, EUFOR Tchad/RCA) reveal that the path paved with good intentions might in this case indeed lead to hell. Whereas the new Treaty of Lisbon introduces quite a few institutional changes to the current treaty regime of foreign affairs and security policy, it is questionable whether these innovations will significantly improve the decision-making and leadership on issues of ESDP and, consequently, the effectiveness of the Union as an international crisis [...]]]> The European Union’s security and defence policy (ESDP) was invented 10 years ago and has been operational for more than five years. During this period the EU has launched over 20 ESDP missions allowing the organization to be engaged in international crisis management in various ways. The coming years will reveal whether the European Union is able to meet its ambitions to carry out a greater number of more complex ESDP missions in higher-risk theatres. While the EU has stepped up the plate to meet these challenges, the three case studies discussed in this article (EULEX Kosovo, EUPOL Afghanistan, EUFOR Tchad/RCA) reveal that the path paved with good intentions might in this case indeed lead to hell. Whereas the new Treaty of Lisbon introduces quite a few institutional changes to the current treaty regime of foreign affairs and security policy, it is questionable whether these innovations will significantly improve the decision-making and leadership on issues of ESDP and, consequently, the effectiveness of the Union as an international crisis manager.

]]> http://law.journalfeeds.com/constitutional/journal-of-conflict-and-security-law/the-european-union-and-crisis-management-will-the-lisbon-treaty-make-the-eu-more-effective/20091125/feed/ 0