This study discusses foreign fighters who take part in the Ukrainian armed conflict. The aim of this study is to know about the history of the armed conflict of Ukraine, study the relevance of ...International Humanitarian Law to foreign fighters, and study the implementation of Human Rights obtained by foreign fighters based on International Humanitarian Law. The used is juridical-normative legal research or also called document research with secondary data as the main source. Researchers conduct legislative studies to see synchronization between legislation. Data were collected using literature review techniques, such as perusing, analyzing, and drawing conclusions from relevant documents. The results of this study conclude, first, the history of the Ukrainian armed conflict starting from the independence of Ukraine and culminating in the Russian special military operation that occurred on February 24, 2022. Second, the relevance of international humanitarian law to foreign fighters has no specific definition describing foreign fighters and only foreign terrorist fighters. Third, the implementation of human rights against foreign fighters is an inviolable or inalienable human right. However, in its implementation there are still many violations that occur in the armed conflict of Ukraine. Several methods are needed to overcome this problem, namely, the need to increase understanding and awareness regarding IHL and human rights, especially for foreign fighters, to all parties and, make policy recommendations regarding clarity of understanding for foreign fighters, which can then be used as a guide for policymakers and practitioners to increase the certainty of humanitarian protection for foreign fighters.
Arguments have been made both for and against military use of autonomous weapon systems (AWSs) on the basis of how they will help or hinder a state in meeting its international humanitarian law (IHL) ...obligations. Often, these arguments are made in isolation, or they fail to address all of the potential compliance concerns related to autonomous weapons. This is not ideal. It means the bearers of legal obligations must locate, assess and piece together the disparate arguments into a coherent structure if they are to know whether they can legitimately utilise a particular autonomous capability and, if so, in what circumstances. This article offers a high-level description of a conceptual framework which can be used to organise and assess legal arguments about autonomous weapons. It proposes that the task of integrating autonomous capabilities into an armed force may be viewed as a constrained optimisation problem wherein the task is to find the optimal balance between the fundamental principles of IHL while also satisfying all normative, technological and strategic/operational constraints.
The 20th century was marked by mass murder and crime to humanity, such as genocide, war crime, and ethnic cleansing, resulting in tens of millions of deaths throughout the world. While the objective ...of establishing the United Nations in 1945 aimed at preventing such crimes, mass murders kept on occurring, as the cases in Bosnia and Rwanda in 1990s. The responsibility to protect (R2P) concept emerged as a response to these failures, by proposing that the sovereignty of a country should be based on the responsibility to protect its citizens, rather than the right to take actions without any intervention from the international world. This research aims at exploring the R2P concept as an attempt to protect human rights in the international humanitarian law context by analyzing the relevant literature and legal norms to discover how this concept can be the basis for protecting human rights under conflict situation and four mass violations of human rights. It used normative legal research method based on international law framework. Two approaches were used, namely conceptual and comparative ones. The research results indicated that R2P concept was the best alternative for humanitarian intervention to protect mankind from such crimes as genocide, ethnic cleansing, and crimes against humanity. In an intra-country conflict, the international community was responsible through preventive and military intervention attempts. The R2P concept was also relevant in international humanitarian law since it gave a clear framework in protecting human rights and preventing mass crimes, especially in relation to the use of military power.
For several decades, transnational (multinational) corporations have been considered significant actors in international relations. It is also an undeniable fact that transnational corporations are ...economically stronger than many states. They are also increasingly present in situations of armed conflict. On one hand, companies operating in unstable environments are exposed to the violence and consequences of armed conflicts. On the other hand, some of their actions during armed conflicts may lead to violations, particularly of international human rights law. In this paper, however, the authors would like to focus more on the status of the protection of transnational corporations under international humanitarian law. It is possible to put forward the thesis that transnational corporations, having met certain requirements, can enjoy protection under international humanitarian law. Verification of this research thesis requires analysis of issues such as the relationship between international human rights law and international humanitarian law. It also requires the analysis of the legal basis on which the rights of transnational corporations may be founded and their scope.
This book marries international law and critical legal theory to present the right of self-determination of peoples as a matrix of aporias and paradoxes: a state of exception proper to international ...law.
InWars of Law, Tanisha M. Fazal assesses the unintended consequences of the proliferation of the laws of war for the commencement, conduct, and conclusion of wars over the course of the past one ...hundred fifty years.
After a brief history of the codification of international humanitarian law (IHL), Fazal outlines three main arguments: early laws of war favored belligerents but more recent additions have constrained them; this shift may be attributable to a growing divide between lawmakers and those who must comply with IHL; and lawmakers have been consistently inattentive to how rebel groups might receive these laws.
By using the laws of war strategically, Fazal suggests, belligerents in both interstate and civil wars relate those laws to their big-picture goals. InWars of Law, we learn that, as codified IHL proliferates and changes in character-with an ever-greater focus on protected persons-states fighting interstate wars become increasingly reluctant to step over any bright lines that unequivocally oblige them to comply with IHL. On the other hand, Fazal argues, secessionists fighting wars for independence are more likely to engage with the laws of war because they have strong incentives to persuade the international community that, if admitted to the club of states, they will be good and capable members of that club.
Why have states stopped issuing formal declarations of war? Why have states stopped concluding formal peace treaties? Why are civil wars especially likely to end in peace treaties today? Addressing such basic questions about international conflict, Fazal provides a lively and intriguing account of the implications of the laws of war.
Russia's conflict with Ukraine which has lasted for a long time has resulted in world commotion and disorder. This problem is certainly an important legal issue to be researched. Based on this, this ...study aims to examine and analyze the humanitarian law arrangements against Russia's armed attack on Ukraine. The research conducted in this paper is a type of doctrinal research. The conclusion is that based on international humanitarian law arrangements such as the Geneva Conventions, Additional Protocol I 1997 provides protection for civilians and civilian objects in times of war. Russia's act of armed attack is a violation of international humanitarian law. It is hoped that proactive actions from the United Nations will be neutral by carrying out a peaceful settlement. However, if it fails to produce a decision that resolves the conflict, strict sanctions are needed against the violator in accordance with the applicable international humanitarian law regulations.
