Complementing the Laws of Armed Conflict with Human Rights Law and International Environmental Law

Dienelt, Anne

doi:10.1007/978-3-030-99339-9_5

Cited by 3 publications

(4 citation statements)

References 46 publications

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“…The Tallinn Book does not provide specific solutions to this aspect, which may be important for determining responsibility. Similarly, as Dienelt (2022) and Evans (2020) have identified, in cyberspace, identifying hostile actors and their actions is a difficult task. As of today, there are no clear identifications, and no specific mechanisms have been proposed to address them.…”

Section: Responsibility For Cyber Operationsmentioning

confidence: 99%

“…Arnold (2020) discusses the contribution of the second edition of the book to the study of international law applicable to cyber operations -the author points out the key aspects and innovations of this legal instrument. Dienelt (2022) examined the interplay between the laws of armed conflict, human rights, and international environmental law. His article proposes an expanded approach to the regulation of armed conflicts, taking into account the impact on human rights and the environment.…”

Section: Literature Reviewmentioning

confidence: 99%

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Cyber Military Threat and International Law: Assessing the Response to Cyber Attacks in the Military Context

2023

Futurity of Social Sciences

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The purpose of the article is to analyse cyber-military threats through the prism of assessing the response to cyber-attacks in international law. To achieve this goal, the author used the scientific methods of analysis, synthesis, content analysis, and the dogmatic method. Using the proposed methodology, 51 professional studies were analysed, which allowed for an impartial approach to the assessment of the main issue. The results show that one of the key difficulties is identifying the parties to the conflict, as cyberattacks are not limited by state borders, and identifying their initiator can be difficult. The problem of determining the subject of responsibility, in particular in cases of actions of civilian personnel, makes the definition of the conflict as a military one more uncertain. Under the UN Charter, the use of force between states is limited, making it difficult to unify the rules of cyber warfare at the international level. The terms “cyberwar” and “cyberattacks” are applied to potentially dangerous operations in digital networks, but their definition and regulation remain open questions. All of this requires new approaches and international standards to effectively regulate and ensure security in cyberspace, in particular, given its unique aspects and impact on international relations. The Tallinn Book, which is an informal collection of expert opinions, examines issues such as the definition of cyberattacks, self-defence in cyberspace, and the application of the principle of non-use of force in the digital environment. This document may serve as a basis for a future international convention that will regulate legal relations in cyberspace at the international level. The conclusions emphasise that without the political will of international actors, the solution to the problems of countering cyber warfare is hampered.

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Section: Responsibility For Cyber Operationsmentioning

confidence: 99%

Section: Literature Reviewmentioning

confidence: 99%

Cyber Military Threat and International Law: Assessing the Response to Cyber Attacks in the Military Context

2023

Futurity of Social Sciences

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“…Через 45 років після війни у В'єтнамі, де люди все ще страждають від наслідків розміщення хімічної зброї; 29 років після того, коли під час війни в Перській затоці були зруйновані нафтові свердловини; 21 рік по тому, коли під час конфлікту в Союзній Республіці Югославія, війська Організації Північноатлантичного договору атакували електростанцію в Панчево; 14 років після того, коли у 2006 році ізраїльські військово-повітряні сили розбомбили електростанцію Ель Джієх у Лівані [1], людство не змогло зійти зі шляху руйнації та знищення всього живого. Нині Україну спіткала кровопролитна війна, екологічні наслідки якої можуть вплинути не тільки на власну територію держави, а й вийти далеко за її межі, спричиняючи незворотні зміни в навколишньому природному середовищі, до яких світ може бути не готовим.…”

Section: вступunclassified

Adaptation of environmental protection legislation of Ukraine to the conditions of marital state

Kupchenia,

Sivtsova

2023

SR: JS

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The essence of environmental protection legislation is analyzed. For this purpose, foreign and Ukrainian scientific literature as well as normative and legal documents, in which the right of nature protection is enshrined, was studied. It has been proven, that in the conditions of martial law in Ukraine, environmental protection legal acts should be aimed at mitigating the consequences of the armed aggression of the russian federation. For this, it is advisable to use the development of the law of the World Trade Organization. Environmental legislation is considered in the system of international environmental law (International Environmental Law). This approach is due to the global consequences of Russia's military aggression against Ukraine. Since mitigating the consequences of military actions on the territory of Ukraine requires a return from imbalance to stability, the issue of sustainable development has been brought up to date. Therefore, the essence is outlined and the main goals of sustainable development are listed, the implementation of which guarantees stability in the world, in particular in the field of nature protection. Implementation of the goals of sustainable development in life, restoration of balance in nature and international relations depends on specific subjects, so a list of them is given, and the main powers in the field of nature protection are outlined. Some decisions of such an international organization as the World Trade Organization regarding the provision of nature protection by economic methods are commented on. The importance of nature protection organizations in the field of environmental protection, their interaction with subjects of authority is also outlined. Since nature protection is closely related to the use of natural resources in the process of agricultural production, which guarantees the food security of humanity in general and Ukraine in particular, new approaches of the European Union to the regulation of the Common Agricultural Policy have been studied. In general, this work is based on the statement about the importance of applying all possible measures to mitigate the impact of Russian military aggression on the environment, in particular in the field of nuclear security. This will make it possible to return to the implementation of the model of sustainable development, the creation of which was aimed at solving the global problems of our time, but the implementation of which is made impossible by the active warfare on the territory of Ukraine

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“…Among others, Sjo ¨stedt largely eschews an interpretative approach and focuses instead on a 'reconciliatory approach' between environmental law treaty obligations and the laws of armed conflict. 179 Dienelt explores a multilayered approach involving IHL, human rights and environmental law, 180 while Van Steenberghe adopts a coherency-based approach. 181 All of the approaches share many common features, although each also has its own nuances.…”

Section: B During Armed Conflictmentioning

confidence: 99%

Using International Environmental Law to Enhance Biodiversity and Nature Conservation During Armed Conflict

Hulme

2022

Journal of International Criminal Justice

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Biodiversity and nature are severely impacted by armed conflict, particularly those fought in biodiversity-rich environments. Whether harm is caused directly by bullets and bombs, through the seepage of toxic chemicals into rivers and soils, the ground-churning tracks of tanks, or the ‘conservation vacuum’ the result is often the same — severe, possibly permanent, ecological change. International humanitarian law (IHL) has consistently come up short in delivering environmental protection on the battlefield. Can international environmental law (IEL) fare any better? The International Law Commission (ILC) and the International Committee of the Red Cross (ICRC) have both submitted major new guidelines in the last two years, following more than a decade of in-depth analysis of the IHL rules governing protection of the environment in relation to armed conflict. However, neither body was able to analyse the applicability of IEL obligations during armed conflict. Several authors have more recently entered this space, but none have so far undertaken a rule-by-rule analysis and spanning such a range of treaties. This article assesses the potential of the main biodiversity and nature conservation treaties to offer further environmental protection during armed conflict. Identifying complementary IEL obligations, particularly in relation to the conduct of hostilities, could be valuable to both mirror and reinforce IHL protections, and would ensure that IEL treaty bodies and third states have a basis upon which to promote conservation work with the parties to the conflict.

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Complementing the Laws of Armed Conflict with Human Rights Law and International Environmental Law

Cited by 3 publications

References 46 publications

Cyber Military Threat and International Law: Assessing the Response to Cyber Attacks in the Military Context

Cyber Military Threat and International Law: Assessing the Response to Cyber Attacks in the Military Context

Adaptation of environmental protection legislation of Ukraine to the conditions of marital state

Using International Environmental Law to Enhance Biodiversity and Nature Conservation During Armed Conflict

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