Human Rights And War Through Civilian Eyes

Human rights and the norms of modern warfare -- Humanizing the laws of war -- The implosion of Iraq : "shock and awe," insurgency, and sectarian terror -- The Gaza wars, 2008-2014 : human rights agency and advocacy -- Who's responsible? Justice and accountability -- "Kind-hearted gunmen" : human rights and humanitarian intervention

The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians ... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.

This book explores the issue of civilian devastation in modern warfare, focusing on the complex processes that effectively establish civilians’ identity in times of war. Underpinning the physicality of war’s tumult are structural forces that create landscapes of civilian vulnerability. Such forces operate in four sectors of modern warfare: nationalistic ideology, state-sponsored militaries, global media, and international institutions. Each sector promotes its own constructions of civilian identity in relation to militant combatants: constructions that prove lethal to the civilian noncombatant who lacks political power and decision-making capacity with regards to their own survival. Civilians and Modern War provides a critical overview of the plight of civilians in war, examining the political and normative underpinnings of the decisions, actions, policies, and practices of major sectors of war. The contributors seek to undermine the ‘tunnelling effect’ of the militaristic framework regarding the experiences of noncombatants. This book will be of much interest to students of war and conflict studies, ethics, conflict resolution, and IR/Security Studies.

Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, orobserved. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference torecent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large bodyof law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.

Essay from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 7,5, University of Amsterdam (Vrije Universiteit Amsterdam), course: International Humanitarian Law, language: English, abstract: At the beginning of the 21st century it seems that warfare and armed conflict get messier and more chaotic than ever before. The phenomenon of weak and fragile statehood destabilizes whole regions and makes intra-state conflict to a constant feature with spill-over character in many areas of the world. At the same time do non-state armed actors, from warlords to armed militias to terrorists to private military firms, re-enter the international conflictscene. The globalized character of contemporary organized violence, especially the phenomenon of transnational terrorism, does challenge the international security structure. While symmetric inter-state conflicts are constantly decreasing and less likely to appear, the dominant form of contemporary armed conflict is intra-state and asymmetric by nature. One of the most striking features within contemporary armed violence is the increasingly important role of civilians, as victims but also as perpetrators and participants in hostilities. The fundamental line between soldiers and civilians has long been essential to the law of war, but with the rise of transnational terrorism, warlords and other non-state actors in armed conflict this distinction gets seemingly blurred.

"Technological advances have meant that civilians are now enabled to play a greater role than ever before in monitoring and documenting violations during armed conflict or in other insecure environments. As UN rapporteurs and other official international monitors are effectively denied access to a wide range of insecure territories around the world, civilian monitors have become a complementary, and in some cases the principal, source of information on what is happening on the ground to civilian populations. This report is about harnessing developments already in motion internationally to produce better information about human rights and IHL violations in situations affected by conflict. Its main contention is that local civil society actors can be enabled, with the help of modern technology, to become central actors in the processes of monitoring, documentation and reporting. Empowering local activists has not only practical value, in that these activists often have the closest access to victims of violations, but normative value as well, because it makes monitoring more inclusive, participatory, and meaningful to local populations. The basis of this report is the experience of the Ceasefire Centre for Civilian Rights and Minority Rights Group International in implementing a system of civilian-led monitoring in Iraq between 2014 and 2017, which is presented as a case study to illustrate one possible application of the approach put forward throughout the report"--Publisher's web site.

A powerful and urgent explanation and vindication of our human rights and freedoms After the devastation of World War Two, the international community came together to enshrine fundamental rights to refuge, health, education and living standards, for privacy, fair trials and free speech, and outlawing torture, slavery and discrimination. Their goal was greater global justice, equality, and peace. That settlement is now in danger, attacked by opponents from across the political spectrum and populist and authoritarian movements worldwide. We are threatened by wars, inequality, new technologies and climate catastrophe, and we need our human rights now more than ever. In this powerful, accessible book, Shami Chakrabarti, lawyer, parliamentarian and leading British human rights defender, shows us why human rights are essential for our future. Outlining the historic national and international struggles for human rights, from the fall of Babylon, to the present day, Chakrabarti is an indispensable guide to the law and logic underpinning human dignity and universal freedoms. Her intervention will engage both sceptics and supporters, equipping believers in the battle of ideas and persuading doubters to think again. For human rights to survive, they must be far better understood by everyone.

A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.