Direct Participation of Civilians in Hostilities as an Exception to Civilians Immunity in Armed Conflict: A Critical Review

Notion of direct participation in hostilities has been a complex and contentious phenomenon within the realm of armed conflict, especially where the armed conflict involves non state armed actors. The notion covers a situation where a person carries out specific acts which by their nature or purpose form part of the conduct of hostilities between parties to an armed conflict. In this circumstance, a person loses his immunity and becomes a legitimate target since he ceases to be harmless. Though it is usual that civilians and civilian objects enjoy immunity against direct attack, but where either of the belligerents is an armed group, there is problem of how to deal with members of such armed groups. This problem emanates from the fact that membership of the armed group is drawn from the civilian population while during armed conflict, the general population is made up of civilians and members of such group, and it creates a problem of identity. Likewise, the problem may also be attributed to lack of legal framework defining the status of members of armed groups and the notion of direct participation in hostilities. Therefore, the article analyses the notion of direct participation with a view to determining when civilian or a member of an armed group loses immunity against attack.  Key Words: Combatant, Civilian, Hostilities, legitimate Target, Armed Grou

War crimes and the downing of Malaysian airliner MH-17

The downing of Malaysian Airliner MH 17 is not the first incident of shooting down a civilian airliner. There are several other cases where civilian aeroplanes carrying passengers were shot down. The case of MH 17 is a recent incident that attracts condemnation from the international community. MH 17 was shot down within the territorial air space of Ukraine, an area under the control of the separatists who are fighting against the government of Ukraine. It was alleged that the airliner was downed by the separatists who are enjoying the support of the Russian government. The same accusation is levied against the Ukrainian government. Thus, this article examines the shooting down of the Malaysian airliner MH 17 and determines who should be responsible for the heinous crime. It examines whether the conflict in Ukraine amounts to an international armed conflict under international humanitarian law (IHL) which can be linked with the downing of MH 17. The article further examines the probable responsibility and jurisdictional problems to be faced in prosecuting the crime of shooting down MH 17 and the possible claims for compensation to the victims’ family. The article posits that the situation in Ukraine is indeed an armed conflict and the shooting down of Malaysian airliner MH 17 constitutes a war crime of targeting civilians as envisaged under the Statute of the International Criminal Court (ICC). The jurisdictional problems in prosecution of the crime may be addressed by invoking universal jurisdiction. It is recommended that an international criminal investigation should be launched on the downing of MH 17 in order to find the culprits responsible for the crime for the purpose of subsequent prosecution for war crimes and compensation claims

Bretton Woods Institutions: Their Evolution and Impacts on the Field of International Economic Law

The world economic depression brought about by the effect of 1st World War (1913- 1918), the beginning of the 2nd World War (1918) and the inability of the so called world super powers to salvage the economic predicaments at that time, necessitated the demand for ‘a set of multilateral institutions’ to rebuild, to provide a safety net, and to structure the postwar economy. With this vision at heart, a meeting held in Bretton Woods, New Hampshire, in July 1944 spearheaded by the big nations (United States and United Kingdom) founded the IMF(International Monetary Fund), the IBRD (International Bank for Reconstruction and Development) later called (the World Bank), and the  ITO (International Trade Organization) later replaced by GATT and WTO. Thus, these institutions are popularly known as the Bretton Woods Institutions. Therefore, this article aims to examine the concept “Bretton Woods Institutions”: What are they all about and how they work; The institutional objectives and the goals sought to be achieved; the impacts of the institutions to the development of the discipline “International Economic Law” as well as the criticisms against the operational mechanisms of the institutions will also be looked into. Keywords: IMF, World Bank, International Economic La

Unnecessary Suffering and Chemical Weapons under IHL and Islamic Law: The Syrian Conflict Paradigm

The article examines unnecessary suffering or superfluous injury as the basis for the prohibition of the use of many weapons including chemical weapons (CW) in armed conflicts. Any weapon that causes unnecessary suffering that has no military advantage violates the rules on the prohibition of weapons. Thus, a balance must always be struck between military necessity and the anticipated injury to be inflicted on a person during hostilities. Unnecessary suffering or excessive injury which is out of proportion to the military advantage sought violates international humanitarian law (IHL) and Islamic law. The article further examines the prohibition of the use of CW in an armed conflict of whatever nature as it causes unnecessary suffering and superfluous injury to combatants as well as civilians alike without distinction. It discusses the various CW attacks in the conflict in Syria with particular focus on the casualties recorded and the party alleged to be responsible for each chemical attack. It critically examines the international community response to the use of CW in Syria and the subsequent measures taken to avert the future occurrence of such humanitarian disaster. The article concludes that the use of CW in Syria by the regime constitutes war crimes, and it recommends the referral of the matter to the International Criminal Court (ICC) for investigation and subsequent prosecution

Yemen, Saudi-led military intervention and international law

On 25 March 2015, Saudi Arabia launched a military intervention, known as “Operation Decisive Storm”, in civil war stricken Yemen changing the status of the conflict from ‘non-international armed conflict’ (NIAC) to ‘international armed conflict’ (IAC). Saudi Arabia conducted the operation in response to de jury Yemeni government request, headed by President Abd Rabb Mansur Hadi, and in coordination with a coalition comprising the United Arab Emirates, Qatar, Kuwait, Bahrain, Jordan, Morocco, Sudan, Pakistan and Egypt. The United States is on the side of the coalition providing ‘logistical and intelligence support’. The de facto Yemeni government is led by Abdul Malik al-Houthi (a Zaidi Shia Muslim) and former president Ali Abdullah Saleh (a Sunni Muslim). The de facto government is supported by Iran. Some observers describe the war in Yemen as a proxy war fought on behalf of Iran and Saudi government and the victims of the war are the poor and innocent people of Yemen. The conflict in Yemen raises numerous questions that this paper attempt to answer. Does the Operation Decisive Storm a lawful use of force? Is Iran’s support to Houthi- led de facto government lawful? Is this conflict an international armed conflict or a non-international armed conflict? Does international humanitarian law (IHL) applies to the conflict in Yemen and if so do the parties to the conflict abide by their obligation under international law? These questions will be discussed in this paper with reference to the relevant international law provisions using the primary sources as well as the subsidiary sources of the law

Defining the Israel’s offensive in Gaza: self-defence or war crimes?

The Israel occupation of Palestinian territory has been an old aged occupation that frequently draws the attention of the United Nations and the International community. The recent rockets strike on Israel by the Hamas has led to the wanton killing of civilians and destruction of civilian property that deserve to be protected during hostilities. Israel considers the whole gamut of the offensives it has been launching on Gaza as a necessary measure to be taken to avert the situation. The direct attacks on civilians as well as civilian objects within the Gaza strip by the Israel forces have been portrayed as exercise of the right to self-defence. This paper examines the right of Israel to self-defence as envisaged under jus ad bellum aspect of international law and the obligation of belligerents (Israel) to observe jus in bello principles. The paper posits that Israel may exercise its right to self-defence which is regulated by the United Nations Charter but it is under an obligation to comply with the rules of international Humanitarian law (IHL). It further posits that the right of Israel to self-defence does not absolve it from the obligation to respect the basic principles of jus in bello. The paper concludes that the various breaches of IHL rules committed by Israel in its exercise of the right to self-defence amount to international crimes that are of serious concern. It is suggested that the Israel forces responsible for the violations of the Geneva Conventions and the Additional Protocols should be made to face the full wrath of the law

Saudi-led military intervention in Yemen and International Law

On 25th March 2015, Saudi Arabia launched a military intervention, known as “Operation Decisive Storm”, in civil war stricken Yemen changing the status of the conflict from ‘non-international armed conflict’ (NIAC) to ‘international armed conflict’ (IAC). Saudi Arabia conducted the operation in response to de jure Yemeni government request, headed by President Abd Rabb Mansur Hadi, and in coordination with a coalition comprising the United Arab Emirates, Qatar, Kuwait, Bahrain, Jordan, Morocco, Sudan, Pakistan and Egypt. The United States is on the side of the coalition providing ‘logistical and intelligence support’. The de facto Yemeni government is led by Abdul Malik al-Houthi (a Zaidi Shia Muslim) and former President Ali Abdullah Saleh (a Sunni Muslim). The de facto government is supported by Iran. Some observers describe the war in Yemen as a proxy war fought on behalf of Iran and Saudi government and the victims of the war are the poor and innocent people of Yemen. The conflict in Yemen raises numerous questions that this paper attempt to answer. Does the Operation Decisive Storm a lawful use of force? Is Iran’s support to Houthi-led de facto government lawful? Is this conflict an international armed conflict or a non-international armed conflict? Does international humanitarian law (IHL) applies to the conflict in Yemen and if so do the parties to the conflict abide by their obligation under international law? These questions will be discussed in this paper with reference to the relevant international law provisions using the primary sources as well as the subsidiary sources of the law

War crimes of targeting civilians: examining the downing of Malaysian Airliner MH-17

The downing of Malaysian Airliner MH 17 is not the first time of shooting down a civilian airliner. There were several other cases where civilian aeroplanes carrying passengers were shot down. The case of MH 17 is the recent incident that attracts condemnation from the international community. MH 17 was shot down within the territorial air space of Ukraine, an area under the control of the separatists who are fighting against the government of Ukraine. It is alleged that the airliner was downed by the separatists who are enjoying the support of the Russian government. The same accusation is levied against the Ukrainian government. Thus the article examines the shooting down of the Malaysian airliner MH 17 and determines who is responsible for the heinous crime. It examines whether the conflict in Ukraine amounts to an armed conflict under international humanitarian law (IHL) which can be linked with the downing of MH 17. The article further examines the probable responsibility and jurisdictional problems to be faced in prosecuting the crime of shooting down MH 17 and the possible claims for compensation to the victims’ family. The article posits that the situation in Ukraine is indeed an armed conflict and the shooting down of Malaysian airliner MH 17 constitutes a war crime of targeting civilians as envisaged under the Statute of the International Criminal Court (ICC). The jurisdictional problems in prosecution of the crime may be addressed by invoking universal jurisdiction. It is recommended that an international criminal investigation should be launched on the downing of MH 17 in order to find the culprits responsible for the crime for the purpose of subsequent prosecution for war crimes

International humanitarian law

This book is written not because of any foreseen break of armed conflict, but armed conflict is an inevitable phenomenon in human and international relations since despite the United Nations Charter prohibition on the use of force in international relations, war still exist. Hence, there is need to have law that regulates conduct in time of armed conflict. International humanitarian law (IHL) being the law of armed conflict has to be disseminated to the entire society through a comprehensive medium that everyone can understand and appreciate. IHL provisions that are mainly contained in the Geneva Conventions and the Additional Protocols have spelt out the basic rules concerning conduct of parties to an armed conflict and the limitations on the use of means and methods of warfare. Recent trends in multi-faceted modern conflicts and the changing phases of such conflicts have been of tremendous concern for IHL experts and students. In view of this, the book considers certain pertinent issues that border on the main idea of IHL, which is to regulate conduct of belligerents in armed conflict. Issues such as the contemporary trans-border conflicts and the recent novel global agenda on war against terrorism, which have posed a serious challenge to the comprehensive understanding and application of IHL. Other issues include the flagrant abuse of the principles safeguarding civilians and civilian objects in time of armed conflict, as well as the failure to make violators of the principles to assume full responsibility of their deeds by subjecting them to penal repression. It also considers recent armed conflicts that happened or happening around the world and how they affect or impact on the existing rules of IHL. Having considered the content of most IHL textbooks, this book attempts to give a simple and comprehensive position of the law and its practical applicability to the current events and IHL related issues, for the purpose of easy understanding of the law and how it functions in a globalized society. As an additional distinctive feature, the book considers the Islamic perspective of humanitarian law by examining the relationship between Islamic jus ad bellum vi and jus in bello, the prohibited means and methods of warfare, protection of civilians in time of armed conflict and the position of civilian objects. It discloses the adequacy of humanitarian considerations and humane principles available under Islamic jus in bello, which refutes the claims that Islamic law does not protect civilian and civilian objects in time of armed conflict. Therefore, this book is indeed a relevant material and a good asset for students and IHL practitioners as it provides them with comprehensive and aptly researched position and application of IHL. Prof

The doctrine of corporate social responsibility: towards binding legal responsibility

Corporate social responsibility (CSR) is an all-encompassing phenomenon that recently draws the attention of many practitioners from business communities, environmental activists, human rights advocates and the international community. Corporations are business enterprises that are established with the main aim of providing profitable dividend to the shareholders at the end of every business year. However, profit maximization should not be the sole aim of a business enterprise, as such CSR attaches certain voluntary social responsibility on corporations. This stems from the increasing vital role of corporations in the political, social and economic spheres of human endeavors. Accordingly, CSR requires corporations to discharge certain social responsibility that enhances the welfare of the community and environment in which they operate. The paper examines the nexus that exists between CSR and other concepts such as sustainable development, corporate governance and social contract. It discusses CSR as a voluntary action to be taken by corporations though it has gradually started enjoying the flavor of law. The paper further argues that CSR has for long been under the influence of law and there are certain principles of law such as ‘legal personality’ and ‘neighbor principle’, which can be essential in providing legal framework for CSR. It is suggested that in certain cases there is need for a binding legislation to impose obligation and control over corporations in terms of CSR activities to be engaged in by the corporations