The Right to Humanitarian Assistance

There is a growing demand in world opinion for extensions of the right to humanitarian assistance. That right is presently limited to the indispensable needs of civilian populations in times of armed conflict

Means and Methods of Combat at Sea

First published in 14 Syracuse Journal of International Law and Commerce 727 (1988

Combat Losses of Nuclear-Powered Warships: Contamination, Collateral Damage and the Law

There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives of the laws of armed conflict and neutrality at sea. More specifically, it attempts to dissect whether nuclear contamination incidentally caused to civilians, civilian objects and the natural environment during international armed conflict can be properly categorized as collateral damage as envisaged by the laws of armed conflict and neutrality at sea, the lawfulness of which is assessed following the principle of proportionality

Taking care to protect the environment against damage: A meaningless obligation?

Little attention is paid to the obligation of 'care' in Article 55(1) of Additional Protocol I. Beyond a general principle of upholding environmental value in times of armed conflict, what is the scope and content of the obligation? If it is worthless, what makes it so? Since the care provision includes the same high threshold of harm found elsewhere in the environmental provisions, has this stumbling block now been removed by state practice? Rule 44 of the Customary Law Study might appear to suggest that this is so, or does it? Ultimately then, is the care obligation worth caring about? © Copyright International Committee of the Red Cross 2010

Beyond Hague VIII: Other Legal Limits on Naval Mine Warfare

Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict

The Occupation of Maritime Territory under International Humanitarian Law

This article explores the possibility of applying the law of occupation to maritime territory, beyond its traditional and main scope of application to land territory. The article first explores the territorial dimension of the law of occupation and goes on to demonstrate that the expression “occupied territory” under Article 42 of the 1907 Hague Regulation encompasses also maritime territory. Then, the article demonstrates that an occupation of maritime territory is possible only in relation to the occupation of the adjacent land territory, as long as the occupying power exercises actual authority over the maritime territory, too. In particular, this article argues that only internal waters, territorial sea, and archipelagic waters may fall under occupation pursuant to international humanitarian law. It is then demonstrated that the law of occupation offers viable solutions to problems related to the governance of maritime territory during armed conflict. Finally, the article analyses the different issues addressed respectively by the law of occupation and the rules on naval warfare, offering some innovative suggestions on how to avoid and solve normative conflicts