The primacy of territorial control in theories of civil war has advanced our understanding of war dynamics, most notably lethal violence, but has hindered our understanding of the distinct ways in... Show moreThe primacy of territorial control in theories of civil war has advanced our understanding of war dynamics, most notably lethal violence, but has hindered our understanding of the distinct ways in which armed groups seek control over people. We propose to complement territorial control by separately conceptualising social control, which we define as the extent to which armed groups have access to people and their resources. Access to people requires different tactics compared to access to territory, because people are mobile. We develop a framework in which state and non-state armed groups choose whether to prioritise territorial or social control first in order to gain sovereignty, which requires both territorial and social control. Alternatively, armed groups choose to pursue territorial control or social control only, resulting in corridors or social networks, respectively. We illustrate the advantages of the framework by showing how it allows us to analyse armed groups’ tactics to control access to people, to connect research agendas on armed group violence, governance, and civilian displacement, and to better conceptualise armed group power and strength. Show less
Civilian self-protection is often associated with nonviolent means of protection. This chapter questions this view and argues that certain types of armed self-defence can be understood as... Show moreCivilian self-protection is often associated with nonviolent means of protection. This chapter questions this view and argues that certain types of armed self-defence can be understood as expressions of civilian protection agency. Specifically, it examines the consequences of the activities of community-initiated part-time militias during the war in Mozambique, drawing on a data set of violent events compiled from archival sources and interviews. Through this case study, it explores in what ways and under what conditions these more contentious and more risky forms of civilian self-protection help reduce violence against civilians during wartime and contribute to protection outcomes. The chapter shows how any effect in terms of protection was a temporary one, as the rebels quickly adapted and learned how to respond to the new armed challenge. Overall, the chapter emphasizes the dynamic character of war, shaped by learning processes on both the part of civilians and rebels. Show less
Environmental factors increasingly define today’s global security landscape. In recognition of the role that environmental factors play in triggering, fueling and sustaining armed conflicts at the... Show moreEnvironmental factors increasingly define today’s global security landscape. In recognition of the role that environmental factors play in triggering, fueling and sustaining armed conflicts at the local, regional and even global level, environmental peacebuilding has emerged as a new field of research and practice. This chapter introduces the reader to the growing scholarship in this field and discusses the contributions that international normative and institutional frameworks make to it. In this way, it sets the scene for more detailed discussions on the role of these normative and institutional frameworks in the other chapters in the book. It concludes with an appraisal of the contributions that the book makes to existing scholarship and identifies future areas for research. Show less
This study explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and... Show moreThis study explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The study finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would impose inordinate burdens on them, and would be wholly unrealistic in light of the realities of hostilities, is unfounded and in need of revision.The methodology which this study develops for resolving issues of interplay lends itself to broader application than this research project alone, and can guide future research into issues of interplay. Show less
This article examines the outcome of the International Law Commission’s (ILC) Study on the Protection of the Environment in relation to Armed Conflict as adopted on first reading. The twenty-eight... Show moreThis article examines the outcome of the International Law Commission’s (ILC) Study on the Protection of the Environment in relation to Armed Conflict as adopted on first reading. The twenty-eight draft principles, adopted by the ILC in July 2019, aim to enhance environmental protection before, during, and after armed conflict. This article evaluates the strengths and weaknesses of the draft principles and highlights principal innovations of the draft principles. Then this article concludes that the ILC study makes important substantive contributions to enhancing environmental protection, but it also misses opportunities to advance the law in this field. The principal strength of the study is that it brings in many different aspects relating to the environment and armed conflicts under one framework, including legal questions that were hitherto neglected. Its weaknesses relate most notably to the protection of the environment during armed conflict. This article argues that, even though there was limited space for the ILC to develop the applicable law in this field, it nevertheless could have been more ambitious. Show less
This study focuses on legal and normative principles of the transition from armed conflict to peace, often called jus post bellum. Jus post bellum is a phrase frequently used without definition,... Show moreThis study focuses on legal and normative principles of the transition from armed conflict to peace, often called jus post bellum. Jus post bellum is a phrase frequently used without definition, or with little understanding that others may use the term to mean something else. It is almost never used with anything approaching a full exposition of the intellectual history upon which it is built. Before recent scholarship, the laws and principles that constitute the jus post bellum were rarely expounded. This study helps to consolidate a firmer theoretical grounding for the term, as well as a clearer intellectual history and analysis of its content. Jus post bellum remains comparatively under-theorized, and frequently referenced without realizing that many authors be talking past each other, meaning different things while using the same term. The author’s hope for the thesis is not only to help clarify the debate over the term, but also to move the consensus towards a hybrid functional approach to jus post bellum, that is, to define an approach to this area of law that focuses on the goal of achieving a just and sustainable peace rather than a mere discussion of law that applies during early peace. Show less
Concluderend, er worden drie hoofdthema__s in dit proefschrift besproken: ten eerste incidentie en epidemiologie van BC__s, ten tweede de kwaliteit van zorg en ten derde de kwaliteit van leven.... Show moreConcluderend, er worden drie hoofdthema__s in dit proefschrift besproken: ten eerste incidentie en epidemiologie van BC__s, ten tweede de kwaliteit van zorg en ten derde de kwaliteit van leven. Deze drie thema__s leggen het fundament voor meer (medisch) onderzoek binnen de Nederlandse krijgsmacht. Optimalisatie van de behandeling van gevechtsgewonden gaat verder dan de medisch ondersteunende organisatie. Vroege betrokkenheid van buddy__s, familieleden, medisch personeel en tactisch commandanten is bevorderlijk voor eenieder. Een volledig ge_ntegreerde aanpak binnen de Defensie organisatie is noodzakelijk. Militaire Geneeskunde is een continu evoluerend proces, waarbij alle mogelijkheden moeten worden aangewend om dit proces te optimaliseren. De integratie van prospectieve studies zal de kwaliteit van lessons learned van elk gewapend conflict verhogen. Er is een sterke overeenkomst met rampengeneeskunde en rampenchirurgie. Samenwerking van rampengeneeskunde en militaire geneeskunde kan daarom nuttig zijn. Als de resultaten omschreven in dit proefschrift kunnen bijdragen aan de verbetering van de kwaliteit van de medisch ondersteunende organisatie, de opleiding van medisch en niet-medisch personeel en de kwaliteit van leven van alle betrokkenen met meer dan een procent, dan is het doel bereikt. Show less
An abundance of natural resources in a country is conducive to its development. Nevertheless, the last few decades have shown a harsher reality, where natural resources have triggered, financed or... Show moreAn abundance of natural resources in a country is conducive to its development. Nevertheless, the last few decades have shown a harsher reality, where natural resources have triggered, financed or fuelled a number of internal armed conflicts. Examples include the armed conflicts in Cambodia, Angola, Sierra Leone, Liberia, Côte d’Ivoire and the Democratic Republic of the Congo, which have been financed with the exploitation of a variety of valuable natural resources, including diamonds, gold, timber, oil and cocoa. Two main challenges can be identified. The first concerns stopping natural resources from financing or fuelling armed conflicts, while the second challenge is to improve the governance over natural resources within States in order to resolve existing armed conflicts and to prevent a relapse into armed conflict. The aim of this book is to assess the role of international law in addressing these two challenges. For this purpose, this book discusses the legal frameworks for the governance of natural resources in States in general, in situations of armed conflict and as part of conflict resolution and immediate post-conflict peacebuilding efforts. Show less
