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07 Aug Fifteen Years After Sri Lanka’s Civil War Ended, a Different Approach to Transitional Justice is Needed
...and other periods including the Marxist uprisings in the south; 2) accountability efforts are not partial — there are simply limited LTTE members to prosecute as many high ranking individuals were killed on the battlefield; and; 3) prosecutors would likely prioritize high ranking security force members who ordered violations (to target limited prosecutorial resources for maximum impact) not the low ranking “foot soldiers.” Third, some consider TJ processes to be minority-driven, focusing on perceived Tamil only needs for justice and self-determination. This is exacerbated by the fact that the Sinhala...06 Jan Events and Announcements: January 6, 2013
Upcoming Events On January 10-11, 2013, The T.M.C. Asser Instituut and the International Centre for Counter-Terrorism – The Hague, in cooperation with the International Humanitarian and Criminal Law Platform, the Konrad Adenauer Stiftung, the Municipality of The Hague and the Dutch Ministry of Foreign Affairs, will host a symposium entitled The Boundaries of the Battlefield: A Critical Look at the Legal Paradigms and Rules in Countering Terrorism with the aim of discussing the contours of various approaches states take against non-state actors with the goal of countering terrorism. Specifically, the...04 Jun Further Debate Over Whether There is a “Least Harmful Means” Rule in the Law of Armed Conflict
...anyone grappling with this issue understands that decisions related to the employment of combat power are not resolved in the quiet and safe confines of law libraries, academic conferences, or even courtrooms; they are resolved in the intensely demanding situations into which our nation thrusts our armed forces. The law must, as it always has, remain animated by the realities of warfare in the effort to strike a continuing credible balance between the authority to prevail on the battlefield and humanitarian objective of limiting unnecessary suffering. The clarity of the...
23 Oct Compliance Symposium: Pariah or Stakeholders? Enhancing Compliance with Humanitarian Norms by Including Non-State Armed Groups’ Views and Practice
...have analysed states’ practices, how AGs view and interpret their international obligations has remained insufficiently explored. This knowledge gap has created challenges for humanitarian organizations seeking to engage with AGs on humanitarian access and respect for IHL. Attitudes and sources of influence on AG behaviour The perspectives of AGs towards IHL, as well as their actual behaviour on the battlefield, are diverse and may change over time. They are contingent on a number of factors. For instance, a lack of capacity can explain the difficulties for AGs to comply with...
17 Feb JEP’s Ruling: The Unresolved Dilemma of Armed Groups and Environmental Impact
...the Rome Statute defines them as acts which “took place in the context of and were associated with an international armed conflict”. Associated suggests that the conduct is in relation to the conflict but not necessarily in the middle of the battlefield. As stated by the ICTY in the Kunarac case, “a violation of the laws or customs of war may therefore occur at a time when and in a place where no fighting is actually taking place”. Some of the widely known elements to define the nexus requirement in Kunarac...25 Sep Text of President Obama’s UN Speech
...Europe – the bloodiest battlefield of the 20th century – is united, free and at peace. From Brazil to South Africa; from Turkey to South Korea; from India to Indonesia; people of different races, religions, and traditions have lifted millions out of poverty, while respecting the rights of their citizens and meeting their responsibilities as nations. And it is because of the progress I’ve witnessed that after nearly four years as President, I am hopeful about the world we live in. The war in Iraq is over, and our troops...15 Dec Still a Bad Idea: Military Commissions Under the Obama Administration
...without formal precedential value, it is predictable that other federal judges would reach the same result. The idea that military commission rules offer any legitimate advantage over federal courts is simply wrong. While Ghailani’s judge did exclude one witness the government desired to use on the basis that he had been identified through coercive interrogation, military commission rules should have produced the same result. In general, military commission rules for handling classified information are now very closely based on those used in federal courts, while issues such as battlefield intelligence...
30 Apr Soldier Self-Defense Symposium: Individual Self-Defense in Armed Conflict – a US Perspective
...of self-defense would likely succeed in scenario two, but fail in scenario three. While this is a technical argument that would have little significance in an actual criminal case, it is important to note because it illustrates why individual self-defense on the battlefield is a limited authority. It will generally apply in only two situations – against someone trying to harm a person for motives not connected to the ongoing armed conflict or in non-international armed conflicts against members of organized armed groups or civilians taking a direct part in...12 Aug Welcome to the Blogosphere, Articles of War!
...a platform for timely analysis, debate and commentary around legal challenges arising from the contemporary battlefield. We aim to identify practical issues, provide clarity on the law, and bring operational perspectives into the U.S. and international discussions around the law of armed conflict. Through this operational focus and open dialogue among leading scholars and practitioners we strive to create greater understanding to ensure that the law of armed conflict retains its relevance in contemporary times and to empower global combat leaders and government advisors with relevant information and discussion. Our...