On 30 October 1997, the Inter-American Commission on Human Rights (hereafter the Commission) adopted its report in the so-called Tablada case. The case concerned an attack launched by 42 armed persons on military barracks of the national armed forces in 1989 at La Tablada, Argentina. The attack precipitated a battle lasting approximately 30 hours and resulting in the deaths of 29 of the attackers and several State agents. The surviving attackers filed a complaint with the Commission alleging violations by State agents of the American Convention on Human Rights (hereafter the American Convention) and of rules of international humanitarian law. In its report the Commission examined in detail whether it was competent to apply international humanitarian law directly. It answered this question in the affirmative.

The world is urbanizing rapidly. Demographic shifts are intersecting with the impacts of climate change, conflict and displacement. In many parts of the world, chronic stresses mean that large proportions of the urban population are already vulnerable. Rapid and poorly planned urbanization is not just an issue for governments and development specialists; humanitarian actors must also increase their understanding of and ability to operate within towns and cities at risk of crises. Their current approaches do not always adequately reflect and work with the reality of urban populations and the systems that support urban life. This means that humanitarian interventions may not contribute to sustainable urban development and the well-being of town and city dwellers in the longer term. This article argues that greater collaboration between humanitarian responders, municipal actors, development specialists and professional associations could lead to better outcomes for crisis-affected populations in both the short and long term.

The article studies the public communication strategies of large humanitarian NGOs as well as UN organizations with regard to the humanitarian principles. It shows that different strategies concerning impartiality vs. solidarity and independence vs. subcontracting cause a wide diversity of humanitarian positions, which lead to different types of public communication strategies. It also discusses several recent trends and three scenarios concerning humanitarian public communication, focusing on interaction with donors and the military, as well as the security situation on the ground. The article concludes that it is essential for humanitarian organizations to understand the different interpretations of the humanitarian principles and that this will help in establishing a strategic approach toward public communication at headquarters, as well as in the field.

This research examines the impact on health-care provision of advanced state failure and of the violence frequently associated with it, drawing from six country case studies. In all contexts, the coverage and scope of health services change when the state fails. Human resources expand due to unplanned increased production. Injury, threat, death, displacement, migration, insufficient salaries, and degraded skills all impact on performance. Dwindling public domestic funding for health causes increasing household out-of-pocket expenditure. The supply, quality control, distribution, and utilisation of medicines are severely affected. Health information becomes incomplete and unreliable. Leadership and planning are compromised as international agencies pursue their own agendas, frequently disconnected from local dynamics. Yet beyond the state these arenas are crowded with autonomous health actors, who respond to state withdrawal and structural violence in assorted ways, from the harmful to the beneficial. Integrating these existing resources into a cohesive health system calls for a deeper understanding of this pluralism, initiative, adaptation and innovation, and a long-term reorientation of development assistance in order to engage them effectively.

Under international humanitarian law commanders have been entrusted with the task of ensuring respect for that body of law by their subordinates. This responsibility includes not only the training in IHL of those under their command, but also the taking of necessary measures to prevent or punish subordinates committing violations of IHL. Failure by a commander to do so will give rise to criminal liability, often termed superior responsibility. The following article reviews some of the issues arising from the application and development of this form of responsibility, from both a practical and a legal perspective.

The author analyzes the impact of religion in current conflicts throughout the world. The main focus lies on the monotheistic religions, i.e. Judaism, Christianity and Islam, all of which have recently been reproached for potentially fostering the temptation to resort to violence. The article focuses on this accusation and departs from an analysis of the concept of “holy war” in the three religions. The article concludes with setting out a pragmatism of peaceableness highlighting that wars in the twenty-first century can neither be regarded as just, nor holy, nor clean and that absolute pacifism will not only be politically impossible but might as a political principle even be irresponsible.

The potential use of nuclear weapons has long been a global concern. This article highlights the principal rules of international humanitarian law (IHL) governing the conduct of hostilities applicable to nuclear weapons, and the issues and concerns that would arise were such weapons ever to be used again, in particular the severe and extensive consequences for civilians, civilian objects, combatants and the environment.

In recent years, increased attention has been paid to the humanitarian consequences of nuclear weapons. Based on what has been learned from extensive research on the humanitarian and environmental effects of nuclear weapons since they were first used in 1945, and the accompanying implications for IHL, it seems appropriate to conclude that the use of nuclear weapons in or near a populated area would amount to an indiscriminate attack and that there should also be a presumption of illegality with regard to the use of nuclear weapons outside such areas.

The “Debate” section of the Review aims to contribute to the reflection on current ethical, legal or operational controversies around humanitarian issues. In its issue on “Sexual Violence in Armed Conflict” (Vol. 96, No. 894, 2014), the Review published an Opinion Note by Chris Dolan entitled “Letting Go of the Gender Binary: Charting New Pathways for Humanitarian Interventions on Gender-Based Violence”, arguing for a shift in the conceptualization of gender-based violence (GBV) in humanitarian settings from an emphasis on gender equality to an ethos of gender inclusivity. Jeanne Ward's reply, “It's Not About the Gender Binary, It's About the Gender Hierarchy”, was published in a later issue of the Review (Vol. 98, No. 901, 2016). Ward suggested retaining a focus on women and girls in GBV work, while moving forward in partnership with those who wish to accelerate programming directed towards men and lesbian, gay, bisexual, transgender and intersex (LGBTI) communities broadly. In this issue, Dolan responds to Ward's position, pointing to empirical and practical developments that have advanced the understanding of how to effectively respond to GBV, including GBV perpetrated against men, boys and members of the LGBTI community. Dolan calls for the IASC Guidelines to be revised in 2020 to be the guiding text on preventing and responding to GBV in humanitarian settings, and explores what it means to do inclusive gender while also tackling hierarchies.

Corporate actors are taking on an increasingly significant role in the prosecution of modern warfare. Traditionally, an analysis of the law applicable to corporate actors in armed conflict commences with inquiry into the law as it applies to mercenaries. As such, the rise of the private military industry invites a reconsideration of the conventional approach to mercenaries under international law. This article critically surveys the conventional law as it applies to mercenaries, and considers the extent to which corporate actors might meet the legal definitions of a “mercenary”. It demonstrates that even mercenaries receive protection under international humanitarian law.

The increasing complexity of weapon systems requires an interdisciplinary approach to the conduct of weapon reviews. Developers need to be aware of international humanitarian law principles that apply to the employment of weapons. Lawyers need to be aware of how a weapon will be operationally employed and use this knowledge to help formulate meaningful operational guidelines in light of any technological issues identified in relation to international humanitarian law. As the details of a weapon's capability are often highly classified and compartmentalized, lawyers, engineers, and operators need to work cooperatively and imaginatively to overcome security classification and compartmental access limitations.

The topic of participation of armed groups in the development of legal instruments binding them is particularly important and needs to be addressed urgently. Many scholars and organizations have advocated recently for the participation of armed groups in the development of legal instruments binding them, with a view to ensuring their adhesion to the law. However, practical and legal considerations seem to make this participation extremely difficult in practice. Creative solutions have to be found. After reviewing five main reasons why armed groups should be involved in the advancement of the law governing armed conflicts, this article offers a brief overview of selected means by which armed groups should be engaged in the creation of future norms, as well as in the interpretation and contextualization of existing norms.

The gradual process of state failure is commonly accompanied by armed violence. Apart from occasional outbreaks, armed violence in fragile states tends to smoulder with relatively low intensity, often over an extended period of time. The actual level of violence may oscillate around the level of violence that is commonly accepted as triggering the application of international humanitarian law (IHL). In addition, because of the specific objectives typically – though not necessarily always – pursued by armed groups in failed state conflict scenarios, cross-border spillover effects are fairly frequent. The qualification of armed violence in such scenarios according to the conflict categories laid down in IHL thus raises some rather specific issues. Moreover, weak states, failing states, and ultimately failed states are increasingly perceived as a key threat to international security. States seem increasingly inclined to assume sporadic order maintenance functions in the place of disabled governments so as to maintain the perceived security threat at a tolerable level. Current efforts to repress acts of piracy off the coast of Somalia are an evident case in point. Since the Security Council, in Resolution 1851, at least implied the possibility of applying IHL in that specific context, the application of this legal regime to sporadic law enforcement operations by third parties also demands further scrutiny.

La création de zones protégées est un moyen de mettre la population civile à l'abri des hostilités. Cet article examine le régime juridique de la création et du contrôle de zones protégées lors des opérations de paix des Nations Unies. L'auteur se penche sur le droit international et la pratique des États dans les cas où les forces des Nations Unies ont, en application du Chapitre VII de la Charte, établi et contrôlé des zones protégées, sans le consentement de certaines ou de l'ensemble des parties au conflit. Il étudie en outre les éléments juridiques, sur lesquels se fondent les forces des Nations Unies pour créer et contrôler des zones protégées, alors qu'aucun mandat ne leur a été explicitement donné. L'auteur conclut que les casques bleus peuvent, dans certaines circonstances, être juridiquement fondés à agir de la sorte même s'ils n'ont pas un mandat explicite du Conseil de sécurité.

The purpose of this article is to give an overview of current understandings of the various roles of business actors in armed conflict. It traces the expanding discussion of business and conflict in today's civil wars, and the discussion's importance to humanitarian, human rights, corporate and peacebuilding policymakers. It shows how the humanitarian understanding of business roles in conflict has progressed beyond some simple and largely negative stereotypes about business in war to become more sophisticated. The article then looks at the significant diversity of business actors, which can determine their experience of armed conflict. It is suggested that there are six potential roles of business in armed conflict – that of victim, perpetrator, supplier, humanitarian actor, peacebuilder, and conflict preventer. Finally, the article recommends a range of ways to improve humanitarian policy so that humanitarian actors engage with business more actively and appropriately on law, business relief, and business continuity.

This article seeks to explain how the ICRC – the oldest international humanitarian organization still in activity – has managed to pass through 150 years of existence. By analysing some key moments in ICRC history and by examining both its inner workings and their interaction with the context within which the organization has functioned over time, this article finds two characteristics that may help explain the ICRC's continuity: its unique specificity and its innovative capacity.

From time to time, States are affected by outbreaks of internal violence. Such upheavals are usually referred to as internal disturbances or tensions, disorders, states of emergency, revolutions or insurrections. These expressions all refer to situations that appear contrary to justice, order, stability and internal peace. There have been many examples of the kind in the past, and we know from the media that they continue to occur. Almost every nation in the world has a history marked by periods of insecurity and protest accompanied by outbreaks of violence.