Cecilia M. Bailliet

‘War in the Home’: An Exposition of Protection Issues Pertaining to the Use of House Raids in Counterinsurgency Operations

Abstract House raids represent the genre of military acts which fall within the grey zone of war and peace – counterinsurgency, post-conflict operations, or phase IV operations (a.k.a. Operations Other Than War) – in which the Geneva Conventions and their Protocols may reveal protection gaps. This article reviews accounts of the execution of house raids contained in the military literature and compares them to the testimony of soldiers and observers recorded in the media. It assesses the relevant provisions of humanitarian law as pertaining to the necessity, distinction, and proportionality of actions. Further, it highlights the specific human rights and humanitarian standards addressing terror, arbitrary intrusion into the home, violations of honor, and humiliation. The conclusion emphasizes the importance of taking into account gender and cultural considerations to properly address the interests of family members – i.e., women, children, and the elderly who are most affected by house raids.

The Tampa Case and its Impact on Burden Sharing at Sea

This article reviews the Tampa case in order to highlight the lack of clear standards for rescue at sea of asylum seekers. In response to current initiatives to assess the gaps and inconsistencies within the applicable legal framework, the author recommends the elaboration of a burden sharing mechanism based on a protection continuum addressing the following phases: rescue, non-refoulement, disembarkation, and resettlement.

The Legitimacy of International Criminal Tribunals

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, todays international criminal jurisdictions are at a critical juncture. Their l ...

A Nordic Approach to Promoting Women’s Rights within International Law: Internal v. External Perspectives

This article explores whether there is a Nordic approach to women’s rights within international law, juxtaposing internal and external perspectives in order to identify dilemmas and remaining challenges. Recognition of the Nordic contribution to the drafting of the Convention on the Elimination of Discrimination against Women ( CEDAW ) is contrasted with present day issues which complicate enjoyment of rights. The complexity of formulating a Nordic feminist foreign policy and the appointment of Nordic women as creators of international law is explored.

The “Unrule” Of Law: Unintended Consequences Of Applying The Responsibility To Prevent To Counterterrorism, A Case Study Of Colombia’S Raid In Ecuador

This chapter presents the empirical study of Colombias targeted strike of Revolutionary Armed Forces of Colombia (FARC) leader Raul Reyes in Ecuador on March 1, 2008. The methodology is a merger of International Affairs and International Law, as it combines review of academic literature with media reports and official statements made within the OAS Permanent Council and the Rio Group. This approach serves to examine the consequences of a states concrete act coupled with resulting institutional discourses addressing the states appeal for recognition of the emergence of an instant norm of a Responsibility to Prevent Terrorism as legitimising unilateral extra-territorial targeted killing. The issue of the legitimacy of the use of force is separate from consideration of protection due individuals during and after hostilities. The chapter also exposes the impact of the inverted security paradigm on the interpretation of customary international humanitarian law, international human rights, and international refugee law. Keywords: customary international humanitarian law; international human rights; international refugee law; inverted security paradigm; terrorism