This article explores the relevance of legal status under IHL and challenges to the established categories of civilians/combatants. The article looks at the legal ramifications of possessing a primary status of combatant or civilian, before analysing the three-category approach adopted by the United States, and the implications of this approach.
Another year has passed since India abrogated Article 370 and ended Jammu and Kashmir’s special autonomous status, turning it into an annexed and federally-controlled territory. Since then, the restless region has seen continued human rights violations, demographic changes, and a push to delimit the territory in order to allow Assembly elections to take place. India claims it is providing economic development and promoting democracy in Jammu and Kashmir when in fact it continues to breach international law. India’s attempt to show the valley as one where Kashmiris are finally reaping the dividends of peace is a smokescreen for a region where everything is far from normal. This article will analyse India’s actions in the past year and argue that despite Modi’s attempt to hide what is going on from the international stage, India’s continued clampdowns and authoritarianism in Jammu and Kashmir must not go unnoticed.
At the time of writing, at least 198 people have been killed in Gaza in the worst violence seen in the area since 2014. There have been weeks of spiraling tensions after the threatened eviction of families in Sheikh Jarrah and clashes at the Al-Aqsa mosque which have led to 200 people being injured, with Israel firing rubber bullets, tear gas and stun grenades into crowds.
Death is an anticipated outcome of war and those who die during an armed conflict, combatant and civilian alike, remain protected by IHL. The laws of armed conflict allow for the burial of those killed during an armed conflict in accordance with their religious rites.
On 4th November, Ethiopia’s Prime Minister, Abiy Ahmed, launched a military operation against a non-state group, the Tigray People’s Liberation Front (TPLF), sparking a non-international armed conflict in the country. This offensive was undertaken after the TPLF attacked federal military units in the region
Kashmir Day marks a day of solidarity with the people of Jammu and Kashmir in their fight for self-determination against Indian occupation. The last year has been especially tumultuous in the valley with Kashmiris suffering under lockdown after lockdown in what remains one of the most militarised zones in the world. India has, since the abrogation of Article 370 on August 5, 2019, acted in furtherance of its objective to annex the state to its territory.
The Treaty on the Prohibition of Nuclear Weapons entered into force on January 22, 2021 and is being celebrated by many as the dawn of a new nuclear order. The treaty is the first of its kind in that it comprehensively bans the development and possession of nuclear weapons and is a result of 50 years worth of attempts to curb the proliferation of such weapons. Its proponents argue that the treaty challenges the hegemony and moral exceptionalism of the states that continue to possess nuclear weapons
International law is best understood as a system of positive law that is embedded within culture. It is not removed from humans or human society nor does it exist in a vacuum separate from the social contexts within which it operates.
The conflict has garnered much media attention not only because of concerns that two states going to war in the midst of a global pandemic would exacerbate its effects, but also because of the geostrategic importance of the dispute.
On 24 December 2014, the Arms Trade Treaty (“ATT”) entered into force with the object of ‘establish[ing] the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms’ for the purpose of ‘reducing human suffering’.