Sandesh Sivakumaran

The law of non-international armed conflict

Introduction PART I: REGULATING NON-INTERNATIONAL ARMED CONFLICTS 1. Ad-hoc Regulation 2. Systematic Regulation through International Humanitarian Law 3. Regulation through a Body of International Law 4. The Sources of the Law of Non-International Armed Conflict PART II: THE SUBSTANTIVE LAW OF NON-INTERNATIONAL ARMED CONFLICT 5. Identifying a Non-International Armed Conflict: Armed Conflicts and Internal Tensions and Disturbances 6. Identifying a Non-International Armed Conflict: International and Non-International Armed Conflicts 7. Scope of Application 8. Protection of Civilians and Persons Hors de Combat 9. Conduct of Hostilities 10. Implementation and Non-Judicial Enforcement 11. Judicial Enforcement PART III: MOVING FORWARD 12. Developments Needed in the Law Conclusion

Lost in translation: UN responses to sexual violence against men and boys in situations of armed conflict

This article considers the UN responses to sexual violence against men and boys in armed conflict – in particular, steps taken towards understanding this problem, measures of prevention and protection, and consequences for accused perpetrators. In so doing, the article assesses the state of knowledge and work in the field of male sexual violence and notes that although there have been many positive developments, the issue is not always moving in the right direction.

Lessons for the law of armed conflict from commitments of armed groups: identification of legitimate targets and prisoners of war

Armed groups frequently issue ad hoc commitments that contain a law of armed conflict component. These commitments detail the obligation of the relevant armed group to abide by international humanitarian law, the Geneva Conventions, or particular rules set out in the commitment. They commit the group to abide by international standards, sometimes exceed international standards, or in certain respects violate international standards. Although these commitments are often overlooked, they offer certain lessons for the law of armed conflict. This article considers the commitments of armed groups with respect to two specific areas of the law that are either of contested interpretation or seemingly inapplicable to non-international armed conflicts, namely the identification of legitimate targets and the prisoners of war regime.

Torture in International Human Rights and International Humanitarian Law: The Actor and the Ad Hoc Tribunals

In seeking to define torture in international humanitarian law, the ICTY and ICTR have turned to the definition of torture contained in the UN Convention against Torture for guidance. The Convention definition contains a requirement that the actor be a public official or other person acting in an official capacity. The ad hoc tribunals have put forward various views as to whether this is an element of the definition of torture in international humanitarian law. This article examines these views. Potentially more significant are the pronouncements of the tribunals on the actor element of the definition of torture in international human rights law. This article also explores these pronouncements. It compares them with the drafting history of the Convention against Torture and with the jurisprudence of the Committee against Torture, the European Court of Human Rights and the UN Human Rights Committee. It questions whether the approach of the ad hoc tribunals is part of a trend towards a wider reading of ‘the actor’ in international human rights law.

ARBITRARY WITHHOLDING OF CONSENT TO HUMANITARIAN ASSISTANCE IN SITUATIONS OF DISASTER

Following a large-scale disaster, such as a major earthquake, tsunami or cyclone, tens of thousands of persons are often displaced, suffer from food shortages and in need of medical assistance. In situations in which the State affected by the disaster does not meet the needs of the affected persons itself, humanitarian assistance from outside the State might be required. This article considers the role of consent to external humanitarian assistance on the part of the affected State. As there is no single overarching treaty in the area of humanitarian assistance in situations of disaster, the article explores the role of consent in the various disaster-specific, subject-specific and region-specific treaties as well as in the soft law instruments in the area. Although the instruments take seemingly different approaches to the subject, a common standard is identified, namely that consent on the part of the affected State is required before external assistance can be provided but that consent cannot be arbitrarily withheld. The article then goes on to give content to the arbitrary withholding standard, breaking it down into its substantive and procedural elements. These include the meaning of the term ‘arbitrary’; the requirement to provide a reason for the withholding of consent; legitimate grounds for withholding consent; and the actor that assesses the justification. Regard is had for State practice in the context of disasters as well as other areas of the law in which similar tests are used.

Nicaragua : 25 Years Later

The case concerning Military and Paramilitary Activities in and against Nicaragua , better known as the ‘ Nicaragua case’ or simply Nicaragua , is arguably one of the most important and controversial cases ever to be heard by the International Court of Justice. Twenty-five years after the judgment on the merits was handed down, it is high time to reassess the impact of Nicaragua on international law. The joint efforts of the Grotius Centre of the Leiden Law School, the Centre on International Courts and Tribunals at University College London, the Netherlands Society of International Law, and the law firm Foley Hoag LLP resulted in a one-day conference, on 27 June 2011, the very day on which the judgment on the merits of the Nicaragua case was handed down, 25 years ago.

Oppenheim's international law : United Nations

Volume I -- Part I -- Introduction -- Part 2 -- The United Nations - What it is -- The General Assembly -- The Security Council -- Trustee Council -- Economic and Social Council -- Subsidiary organs -- United Nations specialized agencies -- Membership -- Powers -- Voting -- Legal personality of the United Nations -- United Nations and international law -- Responsibility of the United Nations -- Financing of the United Nations -- United Nations secretariat and secretary-general -- United Nations privileges and immunities -- Volume II -- Part 3 -- The United Nations: What it does -- Improving social conditions -- Improving economic wellbeing -- Democratic governance -- Electoral assistance -- Disaster relief -- Promotion and protection of human rights -- Office of the United Nations High Commissioner for refugees -- Protecting the environment -- Promotion of international law -- Keeping the peace -- Peacekeeping and other peace operations -- Peaceful settlements of disputes -- Part 4 -- Adjudication within the United Nations system -- The International Court of Justice -- United Nations Compensation Commission -- Criminal Tribunals established by or in relationship with the UN.

THE INFLUENCE OF TEACHINGS OF PUBLICISTS ON THE DEVELOPMENT OF INTERNATIONAL LAW

This article considers the influence of teachings of publicists on the development of international law. The category of ‘teachings of publicists’ is not a homogeneous one. The article argues that it can be divided into: entities that have been empowered by States to conclude teachings, such as the International Law Commission; expert groups, such as the Institut de Droit International; and ‘ordinary’ publicists. The teachings of ordinary publicists are also of different types and include digests, treatises, textbooks, monographs, journal articles, and blog posts. Only by breaking down the category into its various types can the influence of the teaching of publicists on the development of international law be properly gauged. Even then, it can prove rather difficult to pin down the notion of ‘influence’. Standard assessments of influence focus on the extent to which teachings are cited by courts and tribunals, in particular by the International Court of Justice. However, that approach privileges the role of courts and tribunals in the development of international law and overlooks the role of other actors. As such, the present article offers a different assessment of influence. It identifies the actors that comprise the community of international lawyers and analyses the various interactions that take place between these actors and the teachings of publicists. It is through this interaction, of which citation is but part, that the influence of the teachings of publicists can properly be determined.