Cyber Attacks: Proportionality and Precautions in Attack
In: 89 Int'l L. Stud. 198 (2013)
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In: 89 Int'l L. Stud. 198 (2013)
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In: Research Handbook on Remote Warfare, Edward Elgar Press, Jens David Ohlin ed., 2016, Forthcoming
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Blog: PRIF BLOG
The attacks of Hamas against Israel were deeply shocking. Israel has a right to defend itself against Hamas and at the same time it is obliged to protect the civilian population of Gaza as far as possible from harm and injury. But Israel is currently facing a true dilemma. While Israeli Defense Forces try to evacuate as many residents as possible, Hamas uses civilians as human shields, including hostages. The humanitarian situation in Gaza is dire and mass evacuations further exacerbate the problem.
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Elisabeth Hoffberger-Pippan
Dr. Elisabeth Hoffberger-Pippan ist wissenschaftliche Mitarbeiterin am Programmbereich "Internationale Sicherheit" und im Projekt CBWNet. Sie forscht zu Fragen der Verifikation und Einhaltung von Verbotsnormen in Bezug auf biologische und chemische Waffen sowie zur Rolle von Künstlicher Intelligenz im militärischen Bereich. // Dr Elisabeth Hoffberger-Pippan is a Senior Researcher at the research department "International Security" and in the CBWNet project. She conducts research on issues of verification and compliance with prohibition norms related to biological and chemical weapons on the role of artificial intelligence in the military domain. | Twitter: @EHoffbergerP
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Der Beitrag Mass Evacuations in Israel's War Against Hamas: Taking Precautions in Attack or Forced Displacement? erschien zuerst auf PRIF BLOG.
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In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 98, Heft 901, S. 107-145
ISSN: 1607-5889
AbstractDuring an armed conflict, the use of explosive weapons with wide area effects in populated areas has a devastating impact on civilians. Less visible than the direct effects of explosive weapons, but equally devastating, are the reverberating effects of the use of explosive weapons in populated areas. While there is growing consensus that parties to an armed conflict are legally obliged to take into account the reasonably foreseeable reverberating effects of an attack, particularly for the purposes of the rules on proportionality and precautions in attack, the precise scope of this obligation remains unclear. After setting out the legal arguments in support of the position that reasonably foreseeable reverberating effects must be taken into account, this article goes on to examine how such effects should be evaluated and how they must be avoided or minimized.
In: International humanitarian law series 25
In: Nijhoff eBook titles 2009
Preliminary Material /I. Henderson -- Chapter 1. Introduction /I. Henderson -- Chapter 2. What Is The Law Applicable To Targeting? /I. Henderson -- Chapter 3. Lawful Non-Human Targets /I. Henderson -- Chapter 4. Lawful Human Targets /I. Henderson -- Chapter 5. Effects-Based Operations And Controversial Military Objectives /I. Henderson -- Chapter 6. United Nations Operations: Does The Law Of Targeting Differ? /I. Henderson -- Chapter 7. Precautions In Attack /I. Henderson -- Chapter 8. Proportionality /I. Henderson -- Chapter 9. Who Owns The Bomb? /I. Henderson -- Chapter 10. Conclusions And Implications /I. Henderson -- Bibliography /I. Henderson -- Index /I. Henderson.
In: Journal of conflict & security law, Band 16, Heft 2, S. 411-414
ISSN: 1467-7962
In: Journal of conflict and security law, Band 16, Heft 2, S. 411-411
ISSN: 1467-7954
In: Gloria Gaggioli and Emilie Max (eds), The Role of Human Rights Mechanisms in Implementing International Humanitarian Law (Edward Elgar Forthcoming)
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In: Europäische Sicherheit: Politik, Streitkräfte, Wirtschaft, Technik, Band 52, Heft 2, S. 15-17
ISSN: 0940-4171
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 98, Heft 901, S. 147-175
ISSN: 1607-5889
AbstractThe conduct of hostilities in urban areas is inherently difficult, particularly with respect to the protection of civilians. International humanitarian law places restraints on both attackers and defenders. While much is written about the obligations of attackers with respect to protecting civilians, much less attention has been paid to the defender's obligations. These obligations are routinely referred to as "passive precautions" or "precautions against the effects of attacks" and are codified in Article 58 of Additional Protocol I to the 1949 Geneva Conventions. Article 58 requires parties, "to the maximum extent feasible", to remove civilians and civilian objects from the vicinity of military objectives, to avoid locating military objectives within or near densely populated areas, and to take other necessary precautions to protect civilians and civilian objects from the dangers resulting from military operations.Even though they are limited by only requiring those actions which are feasible, the obligations placed on the defender are far from trivial and, if applied in good faith, would certainly provide much needed protections to civilians in armed conflict, particularly in times of urban conflict. However, this ever-increasing urbanization is creating significant pressure on the doctrine of precautions in defence, stretching the "feasibility" standard beyond its capacity to adequately protect civilians. On the other hand, the emergence of advanced technology provides a mechanism for defenders to more easily and more fully comply with their obligations to segregate or protect the civilian population.For the customary obligation of "precautions against the effects of attacks" to maintain its effectiveness, particularly in urban areas of conflict, the understanding of feasibility and what is "practicable" in current urbanized armed conflicts will have to expand, increasing the practical responsibilities on the defender, including through the use of modern technology. Moreover, imposing criminal responsibility when appropriate and feasible precautions are not taken will rectify the perceived imbalance between the responsibilities of the attacker and those of the defender.
In: 98 Int'l Rev. Red Cross 147 (2016)
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In: forthcoming in Sergey Sayapin (ed.), An Introduction to International Conflict and Security Law (T.M.C. Asser Press 2020)
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In: 95 International Law Studies 179 (2019)
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In: International Theory (2019), Vol. 11 (1), 1-25
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