'[L]et Us All Agree to Die a Little': TWAIL's Unfulfilled Promise
In: Harvard International Law Journal, Forthcoming
14 Ergebnisse
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In: Harvard International Law Journal, Forthcoming
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In: 61 Harvard International Law Journal 1 (2020)
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Working paper
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 96, Heft 895-896, S. 737-749
ISSN: 1607-5889
AbstractThis Opinion Note highlights the international humanitarian law (IHL) provisions mandating dissemination of the Geneva Conventions and the Additional Protocols to the civilian population. In referencing three dilemmas concerning contemporary challenges to international law in armed conflict and how each of those dilemmas may result in a "breaking point" or a "turning point", the author argues that it is vitally important not only for armed forces but also for the general public to learn – and actively engage with – IHL both during war and in (relative) peacetime.
In: Harvard National Security Journal, Band 5, Heft 1, S. 225-304
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In: Harvard Human Rights Journal, Band 19
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In: U.S. Naval War College International Law Studies (Blue Book) Series, Band 86, S. 349-410
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In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 103, Heft 916-917, S. 403-413
ISSN: 1607-5889
AbstractIn this opinion note, we explore ways to understand the contemporary encounters between a growing global counterterrorism architecture and impartial humanitarian activities while critically assessing our own role in shaping responses to those encounters. Humbled by a decade of experience in this area, we aim to explain how counterterrorism concerns have been elevated over the humanitarian imperative and to offer potential avenues to secure greater respect for impartial humanitarian activities.
In: European journal of international law, Band 24, Heft 1, S. 367-389
ISSN: 1464-3596
In: European Journal of International Law, Band 24, Heft 1 [Symposium issue on "Just and Unjust Wars."], S. 367-389
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In: Harvard Public Law Working Paper No. 17-37
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In: Harvard Law School Program on International Law and Armed Conflict, Legal Briefing, February 2017
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In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 93, Heft 883, S. 623-647
ISSN: 1607-5889
AbstractThis article identifies two countervailing sets of norms – one promoting humanitarian engagement with non-state armed groups (NSAGs) in armed conflict in order to protect populations in need, and the other prohibiting such engagement with listed 'terrorist' groups in order to protect security – and discusses how this conflict of norms might affect the capacity of humanitarian organizations to deliver life-saving assistance in areas under the control of one of these groups. Rooted in international humanitarian law (IHL), the first set of norms provides a basis for humanitarian engagement with NSAGs in non-international armed conflict for the purpose of assisting populations under their control and promoting compliance with the rules of IHL. The second set of rules attempts to curtail financial and other forms of material support, including technical training and co-ordination, to listed 'terrorist' organizations, some of which may qualify as NSAGs under IHL. The article highlights counter-terrorism regulations developed by the United States and the United Nations Security Council, though other states and multilateral bodies have similar regulations. The article concludes by sketching ways in which humanitarian organizations might respond to the identified tensions.