...R2P: Doomed from the Start? According to law that dates back to 1648, nations have the right to govern within their borders in whatever manner determined fitting. Some states, although granted this right that is inherent to the foundation of the international system, fail to protect their citizens from harm. Too often in recent history have governments neglected to protect their people during conflicts or crises, and with a world with increasing visibility and communication, states have responded with a basic plan to prevent mass crimes such as Bosnia and Rwanda. Thus, Responsibility to Protect (R2P) was developed as a caveat for the international community to intervene when a government fails to protect its own citizens from mass atrocities. Genocide, war crimes, crimes against humanity, and ethnic cleansing are the four conditions under which the international community is authorized to intervene, should a state fail to protect its citizens (Rudolph 2014). In the past 20 years, R2P has been under construction and constantly under evolution from theory to practice. While parameter definition and norm building continue to cycle from lessons learned, the three foundational pillars upon which the R2P model dangles from remains the same: “Pillar 1: Every state has the responsibility to protect its populations from the four mass atrocity crimes Pillar 2: The wider international community has the responsibility to encourage and assist individual states in meeting that responsibility ...
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...Essay 18OCT15 “The Legality and Morality of Autonomous Drone Strikes” My initial thought when I had heard I would be considering the legal and ethical implications of the use of autonomous drone strikes was that these strikes would be a bad thing. However the articles I have read about this have convinced me otherwise. Not only do these strikes provide a significant tactical advantage for the user but also they are cost efficient. The strikes made by these autonomous drones are allowed within the U.S. law and the Law of War. Additionally there is no moral obligation to limit your fighting power in a war to what your enemy has so there are no moral or ethical issues with these strikes. The use of these drones...
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...has been defined as a state's use of "military force against another state when the chief publicly declared aim of that military action is ending human-rights violations being perpetrated by the state against which it is directed."[1] This definition may be too narrow as it precludes non-military forms of intervention such as humanitarian aid and international sanctions. On this broader understanding, "Humanitarian intervention should be understood to encompass… non-forcible methods, namely intervention undertaken without military force to alleviate mass human suffering within sovereign borders."[2] There is no one standard or legal definition of humanitarian intervention; the field of analysis (such as law, ethics, or politics) often influences the definition that is chosen. Differences in definition include variations in whether humanitarian intervention is limited to instances where there is an absence of consent from the host state; whether humanitarian intervention is limited to punishment actions; and whether humanitarian intervention is limited to cases where there has been explicit UN Security Council authorization for action.[3] There is, however, a general consensus on some of its essential characteristics:[4] 1.Humanitarian intervention involves the threat and use of military forces as a central feature 2.It is an intervention in the sense that it entails interfering in the internal affairs of a state by sending military forces into the territory or airspace...
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...definition or misinterpretation of the legality of humanitarian intervention. It will give a historical description on the nature of the conflict in the Democratic Republic of the Congo, the exploitation of the country and the main instigators fuelling this conflict. It will analyse the humanitarian intervention efforts by the international community and how has it helped in the conflict resolutions to protect the nation’s citizens. It will also give you the different organisations, a description of the contributions the international community are trying to achieve to alleviate the suffering of the population as well as the measures to help the nation from ceasing the continuation of this ongoing conflict. The definition of what constitutes humanitarian intervention can be questioned both legally, morally and politically, it has been defined as a states use of military force against another state or within the state, aim at ending human rights violations but should be best understood as intervening without military force to alleviate mass human suffering within sovereign borders. (Wikipedia, 25th Sep 2013) Another excellent definition as stated by Holzgrefe, J.L is a “threat or use of force across state borders by a state (or group of states) aimed at preventing or ending widespread and grave violations of the fundamentals of human rights of individuals other than its own citizens, without permission of the state within whose territory force is applied”, this excludes two...
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...beating, pepper spraying, shooting rubber bullets at and arresting innocent peaceful protestors. The police and other security forces began treating any big negotiations such as the G20 Summit as national security events. Although the police force is doing what they are instructed to they often infringe on the rights of...
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...International Civil Aviation: “every state has complete and exclusive sovereignty over the space above its territory” -It is a serious breach of international law for a state to order to violate the air space of another state (for e.g. USA military aircraft attacked, forced to land or shot down by Hungary, USSR, Czechoslovakia-a number of incidents) -Does the states have an unlimited right to attack intruding aircraft in all circumstances? -Lissitzyn principle (from 1953)-important (book!) -Some states support Lissitzyn principle and that flexible approach to civil aircraft as well as military craft, but other states including ICAO-International Civil Aviation Organization, believe that civil aircraft must never be attacked in such circumstances -The rule that (it is not indeed a rule) trespassing civil aircraft must never be attacked does not mean that they have a legal right to trespass -Assembly of ICAO in 1984 adopted an amendment to 1944 Chicago Conv. On the Int. Civil Aviation which confirms that “every state, in the exercise of its sovereignty is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority.” and that “every state must refrain from resorting to use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered” -case: US warship in Persian Gulf in 1988 shot down the civilian Iran Air Flight...
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...The Strategic Use of Drones in Modern Warfare Caleb E. Moore IS 3310 Troy University Author Note This article is intended solely for research and will have no biased opinions. Table of Contents 1 ---------------------------------------------------------------------------------------------Title page. 2------------------------------------------------------------------------------------Table of Contents. 3-----------------------------------------------------------------------------------------------Abstract. 4-5 --------------------------------------------The Strategic Use of Drones in Modern Warfare. 5-6 ----------------------------------------------------------The Effectiveness of Drone Warfare. 6-7 –-----------------------------------------------------------------The Financial Cost of Drones. 7-8 –-----------------------------------------------------The Operational Capabilities of Drones. 8-9 –-------------------------------------------------------------------- Fueling Anti-Americanism. 9-10-------------------------------------------------------The Limitations of Drone Capabilities. 10-12 –------------------------------------------------------------------------The Future of Drones. 12 ------------------------------------------------------------------------------------Reference Page. Abstract The emergence of drone warfare has completely revolutionized the strategy of our military surveillance and fights overseas. This study is intended to analyze...
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...long, prevent conflict. NATOS Military interest is committed to the peaceful resolution of disputes. If diplomatic efforts fail, NATO has the military capacity needed to undertake crisis-management operations. These are carried out under UN mandate, alone or in cooperation with other countries and international organizations. NATO helped the Iraqi government build the capability to ensure, by its own means, the security needs of the Iraqi people. Allies decided to extend their training assistance to Iraq by training the federal police to bridge the gap between routine police work and military operations. NATO was given a central role in Afghanistan because of the influence of US officials concerned with the alliance, according to a US military officer who was in a position to observe the decision-making process(Gareth Porter)."NATO's role in Afghanistan is more about NATO than it is about Afghanistan," said an officer, who insisted on anonymity because of the political sensitivity of the subject.(Gareth Porter).One reason for the dovish hints is that European and Canadian public opinion strongly oppose the escalation. In Germany 71% are opposed, and in the UK 56%. In...
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...timeline (Appendix B) for the lesbian, gay, bisexual and transgendered (LGBT) community in the United States Military between and the policies behind setbacks to the retention and entry of otherwise qualified personnel. Explanations of gender identity disorder and gender dysphoria disorder, defined as mental disorders by the Diagnostic and Statistical Manual of Mental Disorders (DSM) (American Psychiatric Association [APA], DSM-1, 1942; DSM-4, 2000; DSM-5, 2013). This textbook published and periodically updated by the American Psychiatric Association (APA), directly affects the guidelines for determining qualification of personnel into military service. Factual information is the only justification used for the policies put forth by the Department of Defense (DOD), Secretary of Defense (SECDEF), the Supreme Court of the United States, the office of the President of the United States and all categories of official office or position...
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...caring is important in nursing, then nurses will have to make a concerted effort to define a specific duty of care in clinical, administrative, educational, research and military environments. In order to fully preserve tradition and concept of caring within the profession of nursing, we must make every effort to understand its ethical implications and provide the guidance needed for navigating dilemmas that regularly arise in relation to it. Analysis of an Ethical Conflict in Practice: Battlefield Nursing This paper will provide a brief overview of a possible ethical dilemma that may arise within the field or nursing during war time. It will then move on to explain the multiple ethical issues within the overall situation, the decision making model that the author has chosen to apply to the dilemma, and the stakeholders with their possible interest in the decision making process. With this information defined, the paper will move on to state the author’s derived solution to the situation, as well as a moral justification for the plan of action to be implemented. Overview The ethical dilemma I have chosen to address in this paper is that of battlefield nursing as addressed by Janet Kelly in her 2010 article. As the author so aptly states, “This article offers a critique of the concept of military nurses owing a duty of care to wounded soldiers on the battlefield (where direct contact with the enemy takes place owing to hand-to-hand fighting or...
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...Drone strikes under International Humanitarian Law Feb 2, 2014 Aaron Mirza If there is an armed conflict, the legality of any drone strike must then be evaluated in accordance with IHL, including particularly the fundamental principles of distinction, proportionality, humanity, and military necessity. Distinction is particularly challenging in Federally Administered Tribal Areas, because fighters regularly intermingle with civilians, engage in routine activities and do not wear uniforms. Nonetheless, militaries engaged in an armed conflict must always attempt to distinguish between legitmate and illegitimate targets for an attack. Generally, “the civilian population as such, as well as individuals civilians, shall not be the object of attack.” Civilians lose this protection when they “take a direct part in hostilities.” Under the formulation of the International Committee of the Red Cross (ICRC) of what constitutes direct participation in hostilities, the act committed must adversely and directly affect the opposing party in a concrete manner or lead to the loss of life or property as part of a campaign in support of one party to a conflict. This definition adopts an approach focused on specific hostile acts of a certain magnitude rather than organizational membership or more indirect forms of support. The ICRC has further distinguished between civilians who participated in specific acts and those who maintain a continuous combatant function (CCF) by virtue of involvement...
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...is not realistic. NGO’s even have the ability to remove state governments through public support and pressure placed on high ranking officials as shown in -----. They also have the power to hinder development of countries as shown in the Global South, but at the same time they provide many jobs for the economy. For state actors, the actions and decisions of states can effect profoundly the international because of polarity, hegemony, and economy. The Liberalist view would see non-state actors as a positive because they are bringing countries allowing them to work together through institutions increasing interdependence and globalization. Realists would say that these non-state actors are only out for self interest in profit and will use up resources taking advantage of wages whenever possible. Constructivist view would see terrorist groups specifically as falling under Samuel Huntington’s Clash of Civilizations because it is a conflict of ideas. Realist view of state actors is they act in self interest anything to benefit them. Liberalist view is they want to cooperate with each other in order to work together to improve relations and trade. 2. As an incoming President-Elect of the United States of America, what would your major concerns be in the South Asian subcontinent? Discuss...
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...international law (IHL), parties to a conflict need to distinguish between the civilians and combatants and military objective and civilian objectives . It is essential to offer a guide on what might be attacked in order to free the civilian populace from the impacts of hostilities. The most important guide regarding armed conflicts is that the combatants may only attack military objectives . However, despite the right to attack only military objectives, the attack will be illegal if the combatants’ use of force may lead to excessive collateral damage on either the civilians or the civilian objects . In addition, the combatants need to take precautionary measures to ensure they do not harm civilians even if they are attacking lawful targets . In this light, it is important to define military objectives and offer an explanation why there are limitations on the attacks on military objectives. Pursuant to Article 52 (2) of Protocol 1, military objectives need to fulfil two criteria. First, it must be a factor in the military action of the adversary. This is often highlighted by the objects “nature, locality, reason or use”. Secondly, the destruction, capture or neutralization must present a clear military benefit to the combatants. Therefore, an attack on a specific area may be tantamount to a military objective if the destruction, capture or neutralization may present a military advantage to the combatants. However, the advantage that is anticipated from the attack needs to be considered...
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...Five of the imprisoned knights challenged the king’s will by applying the writs of “habeas corpus”, questioning the legality of their incarceration. Unfortunately, for them, the court sided Charles, motivating him to continue further with the Forced Loan. In conclusion, Charles mandatory request or the Forced Loan commenced primary as a financial manoeuvre, demanded to ensure enough funds to be able to participate the war. Although is undeniable that this manoeuvre had strong political messages, directed majorly to the parliament. Charles proved to the parliament, his reign, and most importantly to himself that he had enough power to collect substantial taxes or subsidies without their approval. The five knights’ case is an ulterior demonstration and statement of Charles’ absolute power to himself. The court refusal to order the release of the unjust imprisonment...
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...modern-day private military companies. Since the start till the American Revolution in 1776, the American lands had been owned and controlled by mercenaries and private contractors. Christopher Columbus, the man who got backing from Spain's Queen Isabella and king Ferdinand to launch the voyage and discover the new world relater effectively became a private military contractor or a PMC. This shows that the history of contracting private military -previously by the royal offices and now by the democratically elected governments- have been practiced; Historians claims that mercenaries existed in ancient Egypt to safeguard the Egyptian sovereignty by the rebels of that time. Indeed, mercenaries have transformed into private military contractors after the downfall of Soviet Union in 1991 and the characteristics of a PMC and ancient mercenaries are rather similar. However, under The Hague Convention no. 5 mercenaries are illegal organizations but the role and responsibility of private military organizations is unknown in the international law which gives them free reins to operate in a way which fulfills their greed to make abnormal profits. The operations of private military companies is controversial, their contracts with the governments and other non-state actors is discreet in nature which confines the mass media to focus on their operations. The lack of information and lack of oversight under international law makes people all around the world unaware of private military industries....
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