In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.
In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.
In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.
In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.
Superior responsibility, otherwise known as command responsibility, is a well established doctrine in both treaty and customary international law. Superiors are held criminally responsible for breaches of international humanitaran law committed by their subordinates. Responsibility arises only after superior fails to take any preventive or punitive action when he was under a duty to do so. There is no common opinion of what that doctrine should stand for, is it a mode of liability for subordinates crimes or a separate offence of superior. It is a crime of omission which has no or little support in national legislation systems. Superior responsibility is a sui generis form of responsibility for omission. Superior responsibility, according to ad hoc tribunals jurisprudence, is constructed of three elements which are superior-subordinate relationship, superior's mens rea and ability to take necessary and reasonable measures to prevent subordinate's crime and punish. All these elements must be proofed beyond reasonable doubt. Superior-subordinate relationship can only be established if there existed effective command and control between those two. Effectiveness is a material ability to influence subordinates actions in a way of either stopping them from committing a crime or being able to punish. Superiors mens rea in Rome Statute for military commander and a person, effectively acting as such is more strict than for other superiors, described in art. 28(b). Travaux préparatoires of the Rome Statute suggests, that civilians, unlike military commanders, are not capable of fulfilling their obligations in the same way. Due to this reason, a lower standard was introduced. Rome Statute has applied an internationally not known superior duty which could entail criminal responsibility – to keep oneself constantly informed. It is not only contradictory to customary law, but also narrows superiors fundamental right to defense. Ad hoc tribunals have removed a requirement of causality, since International Criminal Court applied it directly in its statute as a compulsory element of the doctrine. Causality may exist between superiors failure to prevent the crime and its occurrence. While in the duty to punish case, causality exists between superiors failure to punish and subordinates remained unpunished.
Superior responsibility, otherwise known as command responsibility, is a well established doctrine in both treaty and customary international law. Superiors are held criminally responsible for breaches of international humanitaran law committed by their subordinates. Responsibility arises only after superior fails to take any preventive or punitive action when he was under a duty to do so. There is no common opinion of what that doctrine should stand for, is it a mode of liability for subordinates crimes or a separate offence of superior. It is a crime of omission which has no or little support in national legislation systems. Superior responsibility is a sui generis form of responsibility for omission. Superior responsibility, according to ad hoc tribunals jurisprudence, is constructed of three elements which are superior-subordinate relationship, superior's mens rea and ability to take necessary and reasonable measures to prevent subordinate's crime and punish. All these elements must be proofed beyond reasonable doubt. Superior-subordinate relationship can only be established if there existed effective command and control between those two. Effectiveness is a material ability to influence subordinates actions in a way of either stopping them from committing a crime or being able to punish. Superiors mens rea in Rome Statute for military commander and a person, effectively acting as such is more strict than for other superiors, described in art. 28(b). Travaux préparatoires of the Rome Statute suggests, that civilians, unlike military commanders, are not capable of fulfilling their obligations in the same way. Due to this reason, a lower standard was introduced. Rome Statute has applied an internationally not known superior duty which could entail criminal responsibility – to keep oneself constantly informed. It is not only contradictory to customary law, but also narrows superiors fundamental right to defense. Ad hoc tribunals have removed a requirement of causality, since International Criminal Court applied it directly in its statute as a compulsory element of the doctrine. Causality may exist between superiors failure to prevent the crime and its occurrence. While in the duty to punish case, causality exists between superiors failure to punish and subordinates remained unpunished.
The tendency after the end of the Cold war to downsize national armies on the one hand and persistent armed conflicts in unstable African, Near East and Balkan regions on the other created opening conditions for the revival and rapid evolvement of the private business structures that provide military and security services. Prevailing viewpoint that PMSCs and their personnel represent the new form of the mercenary is not correct from the IHL perspective and could lead to serious human rights abuses. Numerous cases and analysis of the scholar literature shows that inaccurate qualification of the PMSCs' employees' status results into deprivation of certain scope of protection from private contractors. Moreover, since there are no accountability and control mechanisms, a high risk for the abuses and impunity for violations of the IHL occurs. Present master thesis aims to analyze international legal status of the PMSCs and their personnel in the context of armed conflict. It also assesses conformity of the existing practice to the IHL norms. In order to conclude a comprehensive research, author provides historical perspective of the warfare privatization, surveys factors that contributed to the outsourcing of military functions, defines what is PMSC, what are their types and capacity of each type, highlights distinguishing features between mercenaries and private contractors and gives a review of the contemporary practice of their use in the armed conflicts. Hypothesis that legal status of the PMSCs and their personnel under IHL is insufficiently defined and that international community should take adequate steps to modify present conventions to reflect needs of the present was formulated on the ground of the initial literature review. The first part of the thesis provides characteristics of the mercenarism and other forms of the private violence, its historical evolution to the modern military services industry and the attitude of the international community towards it. Present situation and tendencies in the development of the phenomenon of the PMSCs, its' types, main features of each type and differences between the scope of their capacities are addressed in the second section. It is also introducing the factual situation of the involvement of the private soldiers in contemporary armed conflicts and threats and potentialities they suggest. The third part is dedicated to analyze and qualify PMSCs personnel status under IHL. It also surveys international legal basis regarding mercenaries and gives an evaluation of the dividing line between these two forms of participation in warfare. Moreover, it puts forward proposals up to which extent such participation is legal under the humanitarian laws. Finally, the third part scrutinizes legal status of the PMSCs as corporate entities and states obligations and responsibilities in this regard. On the basis of the research concluded in the final part conclusions are drawn. It is inferred that the hypothesis proved out only partially. In contrast to the initial assumption and prevailing position in the legal literature, legal status of the individual PMSCs employees is sufficiently defined. Depending on the functions that they are contracted to perform and level of incorporation they are falling under one of the two exhaustive categories: they are either civilians or combatants. On the other hand, legal status of the PMSCs as corporate entities is not addressed under IHL at all. It is regulated through the domestic laws.
The tendency after the end of the Cold war to downsize national armies on the one hand and persistent armed conflicts in unstable African, Near East and Balkan regions on the other created opening conditions for the revival and rapid evolvement of the private business structures that provide military and security services. Prevailing viewpoint that PMSCs and their personnel represent the new form of the mercenary is not correct from the IHL perspective and could lead to serious human rights abuses. Numerous cases and analysis of the scholar literature shows that inaccurate qualification of the PMSCs' employees' status results into deprivation of certain scope of protection from private contractors. Moreover, since there are no accountability and control mechanisms, a high risk for the abuses and impunity for violations of the IHL occurs. Present master thesis aims to analyze international legal status of the PMSCs and their personnel in the context of armed conflict. It also assesses conformity of the existing practice to the IHL norms. In order to conclude a comprehensive research, author provides historical perspective of the warfare privatization, surveys factors that contributed to the outsourcing of military functions, defines what is PMSC, what are their types and capacity of each type, highlights distinguishing features between mercenaries and private contractors and gives a review of the contemporary practice of their use in the armed conflicts. Hypothesis that legal status of the PMSCs and their personnel under IHL is insufficiently defined and that international community should take adequate steps to modify present conventions to reflect needs of the present was formulated on the ground of the initial literature review. The first part of the thesis provides characteristics of the mercenarism and other forms of the private violence, its historical evolution to the modern military services industry and the attitude of the international community towards it. Present situation and tendencies in the development of the phenomenon of the PMSCs, its' types, main features of each type and differences between the scope of their capacities are addressed in the second section. It is also introducing the factual situation of the involvement of the private soldiers in contemporary armed conflicts and threats and potentialities they suggest. The third part is dedicated to analyze and qualify PMSCs personnel status under IHL. It also surveys international legal basis regarding mercenaries and gives an evaluation of the dividing line between these two forms of participation in warfare. Moreover, it puts forward proposals up to which extent such participation is legal under the humanitarian laws. Finally, the third part scrutinizes legal status of the PMSCs as corporate entities and states obligations and responsibilities in this regard. On the basis of the research concluded in the final part conclusions are drawn. It is inferred that the hypothesis proved out only partially. In contrast to the initial assumption and prevailing position in the legal literature, legal status of the individual PMSCs employees is sufficiently defined. Depending on the functions that they are contracted to perform and level of incorporation they are falling under one of the two exhaustive categories: they are either civilians or combatants. On the other hand, legal status of the PMSCs as corporate entities is not addressed under IHL at all. It is regulated through the domestic laws.
Relevance of the topic: NGO are one of (if not the most) important player in providing humanitarian aid. ECHO, as EU members – states humanitarian aid coordinator, collaborates with more than 200 different organizations and it is one of the largest humanitarian donor in the world. Lithuania, as EU member – state, provides humanitarian aid (indirectly) through contributions to the general EU budget and (directly) via the Ministry of Foreign Affairs – humanitarian aid coordinator in Lithuania – to specific organizations that are ECHO partners. Some Lithuanian NGOs (providing humanitarian aid) are units of these ECHO partners (international organizations) in Lithuania. Therefore, it is important to understand the role of Lithuanian NGOs in providing humanitarian aid through the aspects of involvement and collaboration taking into consideration that there the research on this topic has not been conducted before. Research problem: How Lithuanian NGOs get involved and collaborate in providing humanitarian aid? Research aim: To identify the main aspects of the involvement and collaboration of Lithuanian NGOs providing humanitarian aid. Research objectives: 1. To describe the concepts of disaster management and response phase, underlying similarities and differences in the EU and Lithuanian cases and the importance of humanitarian aid in this context. 2. To ascertain the main features of NGO concept and their significance in providing humanitarian aid, as well as the main aspects of collaboration with them in the EU and Lithuania. 3. To identify Lithuanian NGOs, which declare humanitarian aid as one of their areas of activity (in theory) and (or) provide it (in practise). 4. To establish the main aspects of involvement of these (identified) NGOs in providing humanitarian aid. 5. To determine with which subjects and how these (identified) NGOs collaborate in the field of humanitarian aid. Research methods: The main methodology of data collection was qualitative research, applying the method of semi-structured interviews, as well as applied analysis, comparison, systematization, generalization of scientific literature, legal acts and documents analysis. Data analysis methods: the data obtained from interviews was analyzed by triangulation method combining qualitative and quantitative content analysis, categorizing, systematizing, comparing this data. The identification of NGOs providing humanitarian aid was done through the websites analysis, including by systematizing, comparing and summarizing the data contained therein. The results and conclusions: The role of Lithuanian NGOs providing humanitarian aid was examined through specific aspects of involvement and collaboration and it can be explain in two ways. On the one hand, the role is in its maturity stage, undistinguished a high level of involvement and collaboration, especially comparing to the activity of networks in the field of humanitarian aid. On the other hand, these NGOs have experience in organising, providing humanitarian aid because of clear procedures and knowledge on various related issues. However the development and enhancement of their role is challenged by identified factors as public awareness and low level of donation, capacities of organizations (especially related to funding), visibility of disaster in media, the physical and cultural proximity of the country, the maturity of organizations in the field of humanitarian aid, prioritization of national vs. humanitarian directions, the importance of collaboration with the government and with each other, etc. Modification or improvement of these factors could lead to the strengthening role of the NGOs.
Relevance of the topic: NGO are one of (if not the most) important player in providing humanitarian aid. ECHO, as EU members – states humanitarian aid coordinator, collaborates with more than 200 different organizations and it is one of the largest humanitarian donor in the world. Lithuania, as EU member – state, provides humanitarian aid (indirectly) through contributions to the general EU budget and (directly) via the Ministry of Foreign Affairs – humanitarian aid coordinator in Lithuania – to specific organizations that are ECHO partners. Some Lithuanian NGOs (providing humanitarian aid) are units of these ECHO partners (international organizations) in Lithuania. Therefore, it is important to understand the role of Lithuanian NGOs in providing humanitarian aid through the aspects of involvement and collaboration taking into consideration that there the research on this topic has not been conducted before. Research problem: How Lithuanian NGOs get involved and collaborate in providing humanitarian aid? Research aim: To identify the main aspects of the involvement and collaboration of Lithuanian NGOs providing humanitarian aid. Research objectives: 1. To describe the concepts of disaster management and response phase, underlying similarities and differences in the EU and Lithuanian cases and the importance of humanitarian aid in this context. 2. To ascertain the main features of NGO concept and their significance in providing humanitarian aid, as well as the main aspects of collaboration with them in the EU and Lithuania. 3. To identify Lithuanian NGOs, which declare humanitarian aid as one of their areas of activity (in theory) and (or) provide it (in practise). 4. To establish the main aspects of involvement of these (identified) NGOs in providing humanitarian aid. 5. To determine with which subjects and how these (identified) NGOs collaborate in the field of humanitarian aid. Research methods: The main methodology of data collection was qualitative research, applying the method of semi-structured interviews, as well as applied analysis, comparison, systematization, generalization of scientific literature, legal acts and documents analysis. Data analysis methods: the data obtained from interviews was analyzed by triangulation method combining qualitative and quantitative content analysis, categorizing, systematizing, comparing this data. The identification of NGOs providing humanitarian aid was done through the websites analysis, including by systematizing, comparing and summarizing the data contained therein. The results and conclusions: The role of Lithuanian NGOs providing humanitarian aid was examined through specific aspects of involvement and collaboration and it can be explain in two ways. On the one hand, the role is in its maturity stage, undistinguished a high level of involvement and collaboration, especially comparing to the activity of networks in the field of humanitarian aid. On the other hand, these NGOs have experience in organising, providing humanitarian aid because of clear procedures and knowledge on various related issues. However the development and enhancement of their role is challenged by identified factors as public awareness and low level of donation, capacities of organizations (especially related to funding), visibility of disaster in media, the physical and cultural proximity of the country, the maturity of organizations in the field of humanitarian aid, prioritization of national vs. humanitarian directions, the importance of collaboration with the government and with each other, etc. Modification or improvement of these factors could lead to the strengthening role of the NGOs.
INGOs' contributions to the evolution of the Iraqi NGO sector have been quite varied and irregular, given the diversity which characterizes national and INGOs operating in/for Iraq.The current period is certainly a transition period, even though it is difficult to set limits to its duration. In 2003, INGOs arrived in Iraq with the idea that they should avert a humanitarian crisis. The crisis materialized in 2014 in many areas of Iraq. Consequently, until recently, INGOs have been reacting in emergency response towards rapidly changing realities without adequate long-term planning. The study used a mixed participatory approach and aimed to understand how western leadership theories influenced Iraqi employees working with NGOs in post-ISIS. The research findings show most surveyed participants are somehow familiar with western leadership, and respondents agree and support western leadership style in northern Iraq due to the reducing paper-based routine works, clear roles and responsibilities compared to the traditional style government follows in Iraq. The study showed the majority of the participants report the effectiveness of western leadership theory. The reasons mentioned interviewees stating that under western leadership style, they have been introduced to new management procedures such as; each employee is supposed to have their job description, which employees were not introduced before, promotion was based on experience but not qualifications, mechanisms to follow policies and clear tools to lead people and manage tasks, transitioning responsibilities to each department and reducing micromanagement.
INGOs' contributions to the evolution of the Iraqi NGO sector have been quite varied and irregular, given the diversity which characterizes national and INGOs operating in/for Iraq.The current period is certainly a transition period, even though it is difficult to set limits to its duration. In 2003, INGOs arrived in Iraq with the idea that they should avert a humanitarian crisis. The crisis materialized in 2014 in many areas of Iraq. Consequently, until recently, INGOs have been reacting in emergency response towards rapidly changing realities without adequate long-term planning. The study used a mixed participatory approach and aimed to understand how western leadership theories influenced Iraqi employees working with NGOs in post-ISIS. The research findings show most surveyed participants are somehow familiar with western leadership, and respondents agree and support western leadership style in northern Iraq due to the reducing paper-based routine works, clear roles and responsibilities compared to the traditional style government follows in Iraq. The study showed the majority of the participants report the effectiveness of western leadership theory. The reasons mentioned interviewees stating that under western leadership style, they have been introduced to new management procedures such as; each employee is supposed to have their job description, which employees were not introduced before, promotion was based on experience but not qualifications, mechanisms to follow policies and clear tools to lead people and manage tasks, transitioning responsibilities to each department and reducing micromanagement.
Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.
Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.
Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.
