Suchergebnisse

In 2016, Colombia signed a peace agreement with the FARC-EP, thus creating The Special Jurisdiction for Peace (JEP) to prevent the impunity of actors involved in the armed conflict for serious human rights violations and breaches of international humanitarian law. In this context, the JEP is cognizant of case 001, which involves nearly 208,000 members of the military forces, victims of the armed conflict. It is evident that there are differences when guaranteeing the rights of a civilian victim and a military victim. Here, the JEP's process is addressed, determining the recognition, participation, and reparation given to victims that are part of the Military Forces in contrast to the typical guarantees of protection given to other victims. ; En 2016, Colombia firmó el acuerdo paz con las FARC- EP, con lo cual se creó la Jurisdicción Especial para la Paz (JEP), en aras de evitar la impunidad de las graves violaciones a los derechos humanos e infracciones al Derecho Internacional Humanitario por parte de los actores que participaron en el conflicto armado. En este contexto, la JEP tiene conocimiento del caso 001 en el cual se reportan cerca de 208.000 integrantes de las Fuerzas Militares como víctimas del conflicto armado. Esto evidencia que existen diferencias de aplicación en la garantía de los derechos de una víctima civil y una víctima militar. Se aborda el proceso ante la JEP, describiendo el reconocimiento, participación y reparación cuando la víctima hace parte de las Fuerzas Militares en contraste con las garantías generales de protección de las víctimas.

Este trabajo es la recopilación de investigaciones en torno a la definición del concepto de Acuerdo Humanitario en Colombia, a raíz de las perspectivas de diversos actores que han influido en el tema de la negociación del conflicto armado en el país. En un primer momento, se define el concepto de Acuerdo Humanitario, posterior a esto, se exponen entrevistas realizadas a diversos actores que trabajan el tema del conflicto armado en Colombia y se realizan análisis sobre las posturas de las mismas, así como acciones para la eventual estructuración de un escenario de posconflicto, en donde prime la defensa de los Derechos Humanos de quienes han sido víctimas del flagelo de la guerra. Finalmente, se propone una sección analítica que demuestra los resultados de la investigación y la postura del autor del presente trabajo, dejando claro que el panorama sobre las salidas negociadas para la paz en el país, aún es amplio y se encuentran a la espera de una materialización por parte de los actores en conflicto, en quienes hemos centrado nuestra atención. (texto tomado de la fuente) ; The present work is a compilation of studies on the definition of Humanitarian Agreement in Colombia based on perspectives given by many authors involved in the armed conflict negotiation in the country. Firstly, the concept of Humanitarian Agreement is defined. Secondly, some interviews to diverse actors involved in armed conflict are conducted; this allows the analysis of positions and actions towards the structuring of a prospective post-conflict scenario, which aims at defending the human rights of those who have been victims of the war. Finally, there is an analysis section about the results of the present study, as well as the author's perspective; here it is emphasized that negotiated solutions of the conflict are still wide and depend on the actors who have been the focus of this study. ; Maestría ; Derecho y Sociedad ; Derechos Humanos y Derecho Internacional Humanitario

The settlement of civil conflict is highly relevant to both policy agendas and academic research. It is often difficult to bring to the negotiation table conflict parties who have long harbored hostility towards each other during the conflict. Even if the parties come to negotiation, it is often an arduous task to reach an agreement because the post-conflict embarkation comes with political uncertainty for the future. This special issue is aimed at addressing civil-conflict settlement from two different angles. First, it attempts to understand the requisite conditions for the successful settlement of armed civil conflicts. Second, it has a particular interest in the post-conflict design of political institutions. The academic contribution of the articles lies in theoretical advancement as it applies to the settlement of civil conflict. Each contribution adds a nuanced understanding of civil-conflict settlement to the relevant literature. The articles provide insight into the successful conditions of conflict settlement and post-conflict institutional design, such as power-sharing and the management of resources.

"This report assesses the interests of the most relevant state and non-state actors in Afghanistan and Central Asia in the aftermath of the 2014 Afghan presidential election. It is guided by the premise that the armed conflict in Afghanistan should be understood as being heavily intertwined with regional politics. Its purpose is to serve as an overview of the negotiation environment in Afghanistan and Central Asia. It identifies actors, interests, and relationships that are helpful to take into consideration when sequencing and orchestrating a peace process that could de-escalate the war in Afghanistan and help build a more stable and cooperative region. The majority of the PRIF Report focuses on relevant actors and their network of relationships, and the conclusion details three future scenarios and a set of recommendations that could facilitate a coordinated negotiation process." (author's abstract)

AbstractHow much conflict must be resolved for a political settlement and its implementation to be successful? This article argues that a political settlement must satisfy the combatants' expectations regarding the resolution of the causes of the conflict. How deeply do these causes need to be resolved for the parties to be satisfied? To answer this question two concepts are introduced: the immediate and underlying causes of a conflict. Immediate causes (grievances) are specific, concrete policies that provoke some subset of a state's population to rebel against the government. Underlying causes are diverging interests that led to the introduction of these policies that caused the grievances. This article examines the political settlements in South Africa and Mozambique that terminated armed hostilities, overcame the conflict, and opened the door to normal politics. The research indicates that in both cases the political settlement satisfactorily resolved the immediate causes of the conflict. There was greater dissatisfaction in South Africa because the political settlement did not resolve the underlying causes of the conflict. A major reason for this dissatisfaction was that although the electoral outcome gave the ANC strong popular support, the political settlement limited its ability to grapple with root causes. In Mozambique, fears of reigniting another protracted armed confrontation and the close electoral outcome dissuaded either side from addressing the underlying causes of the conflict.

Статья посвящена анализу основных этапов ирано-иракского вооруженного конфликта и его роли в региональных политических процессах на Ближнем Востоке. В контексте борьбы Ирана и Ирака за региональное лидерство рассматриваются причины различных позиций, занятых арабскими странами по отношению к сторонам конфликта. Прослеживается изменение характера участия основных международных акторов в конфликте, в зависимости от хода военных действий. Особое внимание уделяется проблеме применения химического оружия против гражданского населения в период «войн городов». Библиогр. 17 назв. ; The article analyzes the main stages of the Iran-Iraq armed conflict and its role in regional political processes in the Middle East. In the context of Iran and Iraq struggling for regional leadership the causes of the different positions of the Arab countries in relation to the parties of the conflict are discussed. Th e changing nature of participation of major international actors in the conflict, depending on the progress of hostilities is highlighted. Special attention is paid to the problem of the use of chemical weapons against the civilian population during the "war of the cities". Refs 17.

The volume includes papers presented at the multidisciplinary conference Caucasus Studies: Migration – Society – Language, held on November 28-30 2008 at Malmö University, shortly after the dramatic events of the Georgian-Russian war. Researchers on the Caucasus from a variety of disciplinary perspectives gathered around the themes: Armed conflicts and conflict resolution, The Caucasus and global politics, Identities in transition, Migration and identity, Language contact and migration, and Diaspora studies. Papers from this broad spectrum of topics are represented in the volume. The languages of the conference were English and Russian, and the volume therefore includes papers in both these languages. The organizing of this international conference and the presence of a large number of participants from Georgia, Armenia, Azerbaijan and North Caucasus would not have been possible without the generous support from the Swedish International Development Cooperation Agency (Sida).

This text reflects on the concept of reparations in the context of the Colombian armed conflict and on the alternatives that have been offered both officially and communally to victims in the Municipality of Tumaco. To this end, reparation is contextualized as a fundamental right, national regulations on point are collected, reparation strategies implemented by the National Government, as documented in official sources and the press, are presented, and all of the foregoing are contrasted with the experiences and opinions of those who inhabit and give the area significance, for whom, based on information collected through interviews and informal chats, symbolic and collective reparation takes on a special relevance. ; Este texto ofrece una reflexión sobre el concepto de reparación en el marco del conflicto armado en Colombia y sobre las alternativas que se ha ofrecido a las víctimas, desde los ámbitos oficial y comunitario, en el municipio de Tumaco. Para ello, se contextualiza la reparación como derecho fundamental, se recoge la normativa nacional en la materia, se presentan estrategias de reparación implementadas por el Gobierno Nacional, que se encuentran documentadas en fuentes oficiales y prensa, y se contrasta esta información con la experiencia y opinión de quienes habitan y significan este territorio; para quienes, de acuerdo con la información recogida a través de entrevistas y charlas informales, la reparación simbólica y colectiva cobra una especial relevancia.

The fight for Lwów/Lviv in 1918 was the first military conflict in the difficult twentieth-century history of Polish–Ukrainian relations. In the inter-war period, an impressive military memorial, the Eaglets Cemetery, was constructed in Lwów to honor the young defenders of the city. A monument to the Eaglets was also erected in the neighboring Przemyśl. In inter-war Poland, the Ukrainians, who had lost their cause for state independence, created their own cult of national heroes, the Sich Riflemen. Their graves in Lwów and Przemyśl, as well as in many smaller towns, became sites of public commemoration and national mobilization. This article traces the emergence, the development and the post-World War II decay of both competing memorial cults, focusing on their revival and political uses after 1989. It examines the trans-border aspects of memory politics in Lviv and Przemyśl and analyses the role of war memorials in (re-)establishing the link between ethnic communities and their homelands.

What role does regional organisation play when peace and security is at stake in the region? Although several literatures on the Lesotho conflict of 1998 have been written, the intervention by Southern African Development Community does not answer the question if the intervention was carried out in compliance with the SADC Treaty and Protocols on Peace and Security. The effectiveness of a regional organisation in resolving conflicts, strengthens regionalism and create environment conducive for economic growth and political stability. While the Lesotho conflict in 1998 was resolved through the use of armed forces, it posed challenges for an empirical approach, in that regard the qualitative approach was followed to obtain information from the existing literature, journals and magazines on the conflict resolution and management. The Lesotho conflict of 1998 serves as a good case study to illustrate the role of SADC on peace and security and the impact on regional integration. In order to comprehend and make efficient analysis of the impact of the SADC interventions in the Lesotho conflict 1998, the theories and approaches that define the characteristics of actors and behavioural patterns leading to the integration while some might provide strategies for conflict resolution were considered. The discussion on normative and institutional framework of SADC on peace and security, serves as a platform to analyse the SADC's Organ on Politics, Defence, Security and Cooperation. The study further analyses the nature and the root causes of conflict and the role players such as the military forces from member states in conflict resolution and management. The study concludes that SADC's intervention in Lesotho conflict 1998 was without full mandate of member states as the decision was not recommended from the cluster Ministerial Committee to be approved by the Summit or the Organ on Troika. The armed forces that intervened were from South Africa and Botswana whose interest did not represent the region as whole. However, it is argued that when the state's peace and security is at stake, the choices are limited and therefore it could be justified to take any action to resolve the conflict without necessarily following all the procedures, and that simply justify the intervention by the South Africa National Defence Force in resolving the Lesotho conflict in 1998.

terrorism ; anti-terrorism law ; anti-terrorism security ; international relations ; The events of 9/11 have forced upon the entire community of Western states a re-assessment of their respective anti-terrorism policies and laws. It released an intense discussion seeking to update and recharacterize the post-9/11 state of international relations producing a wave of renewed attempts to legally (re)define terrorism. The main challenge is to determine whether terrorism in its twenty-first century manifestation warrants recognition as a component within the doctrine of armed conflict and what would be the effects of such transformation. This article compares how the judiciary in Western liberal and pluralist democracies has been tackling this dilemma and affecting respective legislative responses. The article offers preliminary thoughts as guidelines to the design of parameters for an approach to anti-terrorism security that is common to North America (and the rest of the world). To this effect, it contextualizes the relevant North American jurisprudential developments within a sample of other Western-oriented judicial track records. The article finds that the North American dialogue (in Canada and the US) among the three branches of government is departing from two opposite ends of one and the same Western War on Terror adjudicative spectrum. This context appears to be slowly, but eventually, progressing toward conversion, effecting a common re-characterization and definition of terrorism, anti-terrorism, and their place within the doctrine of armed conflict. ; Gal-Or, N. (2008). Defining Terrorism: A Comparison of Several Judicial-Executive Dialogues. Journal Of Conflict Studies, 28 . ; Peer reviewed

From Pussy Riot to Michael Khodorkovskiy, the solidity of the rule of law in Russia seems rather shaky. This has translated into a troubled relationship between Russia and the European Court of Human Rights since Russia's ratification of the European Convention in 1998. Various factors explain this tension, including the structure of the judiciary, the status of the European Convention in Russia law, public mistrust of the courts, and ongoing episodes of armed conflicts. This has posed enormous challenges to the European Court of Human Rights, and even the most recent attempts to improve it are unlikely to trigger better compliance in Russia. Adapted from the source document.

This edited volume addresses the relationship between the essential nature of war and its character at the beginning of the twenty-first century. The focus is on the conflicts in Iraq and Afghanistan, situations that occupy a central role in international affairs and that have become highly influential in thinking about war in the widest sense. The intellectual foundation of the volume is Clausewitz's insight that though war has an enduring nature, its character changes with time, space, social structure and culture. The fact that war's character varies means that different ac.

This chapter analyses the transitional justice framework defined by the peace agreements between the Fuerzas Armadas Revolucionarias de Colombia—Ejercito del Pueblo (FARC—EP) and the Colombian Government. Peace talks began officially in November 2012, with the parties reaching an agreement on 24 September 2016. The agreement on the victims of the conflict starts with the recognition by the government and the FARC—EP that the main aim of this agreement is to compensate victims. When the FARC—EP entered into a negotiation process with the Colombian Government, they did not entertain the possibility of embracing a transitional justice framework. The agreement recognizes the clarification of truth, coexistence, and non-repetition as one of the mechanisms that victims' organizations have demanded, thus its inclusion not only responds to best practices in the field but also to the citizen's demands. The agreement explicitly addresses forced disappearances, given that it is one of the main crimes of the Colombian armed conflict.