The duty to rescue persons in distress at sea is a fundamental rule of international law. It has been incorporated in international treaties and forms the content of a norm of customary international law. It applies both during peacetime and during wartime, albeit with the necessary adjustments to take into account the different circumstances. States are also under the duty to provide search and rescue services. This article discusses the content and limitations of these provisions and assesses their potential to ensure the protection of human lives at sea. Furthermore, the article suggests that reference to the right to life, as protected in international human rights law, may be useful in further safeguarding human life and ensuring compliance by States with their duties.

The restrictions on the use of force at sea exist in different branches of international law: the law of the sea and environmental law, mainly applicable during peacetime, and international humanitarian law (IHL), as the law applicable in times of armed conflict. Different rules from these areas must be compared and analyzed to determine the common principles applicable to restricting the use of force at sea for the purposes of environmental protection. Taking into account the particular problems of protecting the marine environment in the context of the use of force, the law of the sea and international environmental law should be applied to restrict means and methods of using force at sea during armed conflict. The detailed concepts and approaches in the law of the sea and environmental law may complement IHL, and the precautionary principle of international environmental law should be triggered to address the lacunae in IHL protecting the marine environmental during armed conflict.

There is a saying: “Justice delayed is justice denied.” The perception of a continuing failure of the Philippine criminal justice system to deliver fast and efficient justice has inevitably led to the erosion of public trust in the government. As a consequence, citizens are laden with anxiety because of unabated criminality and violence in their communities. The type of justice that leads to peace and prosperity continues to be elusive in the Philippines as the worsening scenario of jail congestion continues to manifest its malevolent implications for the human rights of prisoners. It appears that the culprit is an overwhelmed machinery of criminal justice that has not been able to keep pace with growing rates of population, urbanization and criminality. There is also an apparent imbalance in the justice structure where there are too few judges, prosecutors and public defence attorneys to process the cases filed by the numerous law enforcers who file criminal cases. This leads to bottlenecks in criminal justice procedures and has resulted, in not a few instances, in human rights crises in jails. However, emerging developments give some hope to Filipinos.

Hostilities in contemporary armed conflicts are increasingly being conducted in population centres, thereby exposing civilians to heightened risks of harm. This trend is only likely to continue with growing urbanization and is compounded by the fact that belligerents often avoid facing their enemy in the open, intermingling instead with the civilian population. Despite this, armed conflicts often continue to be waged with weapon systems originally designed for use in open battlefields. There is generally no cause for concern when explosive weapons with a wide impact area are used in open battlefields, but when they are used against military objectives located in populated areas they are prone to indiscriminate effects, often with devastating consequences for the civilian population.

During 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.

The purpose of this article is to examine the key elements of the legal framework in which naval mines are used both across the spectrum of conflict and during peacetime. The article will also consider the legal issues associated with the use of mines by States in international armed conflict, and address the distinct legal issues which arise in non-international armed conflict, where the emergence of an increasing presence of non-State armed groups has been a hallmark of the late twentieth and early twenty-first centuries. The obligations placed upon States in peacetime, and under the law of neutrality, when the use and presence of naval mines is a relevant factor will also be analyzed.

In this contribution the author examines overcrowding, one of the chronic problems that affect the prison system in Peru. First, the topic of the growth of the prison population during a determined period of years is addressed. Then, the author discusses three options for avoiding or controlling overcrowding in prisons: sending fewer people to prison, increasing the release of prisoners, and expanding existing prisons or building new ones. Finally, the article presents alternative measures of limiting freedom other than sending people to prison, and proposes a long-term solution which includes the participation of different sectors of the Peruvian government.

How do people become torturers? And how do we stop that transformation? This article addresses these questions by calling on academics and practitioners to consider caring for – expressing sympathy, understanding, and working with – the figure of the “not-quite-yet” torturer. We begin by noting the globality of torture across space and regime type, and suggest that this globality indicates how torture is – very frequently – not the result of any decision or order. This is followed by a discussion of the “consciousness” of the torturer vis-à-vis (1) their paradoxical emotional scarring by their own actions, and (2) their frequent descriptions of having, indeed, never themselves “intended” to torture someone. Drawing on recent developments in the theory of consciousness, we then argue that this non-purposeful enaction of torture can be understood in terms of certain somatic markers that lead, in particular material-situational settings, to people slipping towards violence. Drawing on the theory of the emergence of violence put forward by Jonathan Luke Austin, we then sketch out more fully the process of becoming a torturer in terms of the situational and material dynamics that encourage these slippages, as well as a global circulatory system of violent knowledges through various sources that become activated in particular settings. We thus suggest that becoming a torturer is more a process of transition than of decision, before noting that this distinction is often lost in the cultural cycle of torture that emerges once torture has begun. Finally, we move to outlining the implications of this non-purposeful understanding of torture by arguing for a new preventive strategy based on the principles of ergonomics and modifying the training regimes of the most common professions from which torturers emerge (the military, the police, etc.) in order to make it harder to slip towards violence. We suggest, ultimately, that this strategy of prevention requires placing ourselves in the uncomfortable position of working to care for both the becoming-torturer and the torturers themselves, in order to help them both preserve their own humanity.

The 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.

Unmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particularly under the UN Convention on the Law of the Sea (UNCLOS), and the regulation of their use under the law of naval warfare. It is not yet clear if UMSs enjoy status as ships under UNCLOS; even if they do, it is unlikely that they can be classified as warships. Nevertheless, their lawful use is not necessarily precluded in either peacetime or armed conflict.

Africa, both on the inter-State level and the academic level, maintains a very low profile in the global debate on international humanitarian law (IHL). IHL issues do not feature prominently in the armed conflict debate within Africa, and African States and people do not significantly participate in the global IHL debate. This contribution is aimed at both identifying the reasons for this lack of regional engagement with IHL and identifying entry points for such engagement. It also ambitiously calls for ongoing and engaged focus on IHL in Africa, and to this end, a number of issues for future consideration can be extrapolated from the issues discussed.

This article assesses the causes of the crisis of detention in Latin America. It is argued that this crisis, which manifests itself in overpopulation of the region's prison systems, deficient infrastructure, prison informality and violence propelled ultimately by political processes, is mostly related to, on the one hand, disastrous human rights conditions inside Latin American prisons, and on other, the political denial of these conditions. This denial produces a state of institutional abandonment that is preserved by the interests of politicians and bureaucrats, who are engaged in denying prison violence and human rights abuses while simultaneously calling for more punishment and imprisonment.

Implementing the principles of international humanitarian law (IHL) represents a real challenge if the protection of civilians in today's urban armed conflicts remains a priority for armed forces. The application of the principle of distinction comes up against the difficulties of obtaining intelligence, in particular in the absence of troops on the ground. The minimalization of collateral damage requires putting in place very precise targeting procedures, and even the adoption of tactics designed to draw out traditional combat from cities. In terms of precautionary measures in attack or against the effects of an attack, these must be adapted to the context of urban combat. Nevertheless, IHL remains an essential instrument that must be analyzed and translated into action in a practical manner in order to conduct military operations that are at the same time effective and legally permissible.

Evaristo de Pinho Oliveira is the head of the International Committee of the Red Cross (ICRC) Water and Habitat Unit. He started working with the ICRC as a water and sanitation engineer in 1995. Over the next ten years he completed missions in Bosnia-Herzegovina, Angola, Iraq, Sudan and East Timor, and provided water and habitat support to the ICRC's regional delegations in Asia. He then was based at ICRC headquarters in Geneva, where he held several positions supporting field operations in Asia, the Middle East and Eastern Europe. In 2016, he co-authored the ICRC's report on Urban services in protracted armed conflict: A call for a better approach to assisting affected people. Prior to working at the ICRC, he worked in Quebec as an engineer and as a teaching assistant at McGill University.

The rise in the number of older prisoners in many nations has been described as a correctional “ageing crisis” which poses an urgent financial, medical and programmatic challenge for correctional health-care systems. In 2016, the International Committee of the Red Cross hosted a conference entitled “Ageing and Imprisonment: Identifying the Needs of Older Prisoners” to discuss the institutional, legal and health-care needs of incarcerated older adults, and the approaches some correctional facilities have taken to meeting these needs. This article describes some of the challenges facing correctional systems tasked with providing health care to older adults, highlights some strategies to improve their medical care, and identifies areas in need of reform. It draws principally on research and examples from the United States to offer insights and recommendations that may be considered in other systems as well.

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.

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.

From early history, people have used the sea, lakes and rivers for trade and commerce, for adventure and discovery. Despite these close ties, our survival on water depends on man-made objects such as ships, navigation systems and oxygen tanks. If we get injured or sick on water, or if our ships sink, we are vulnerable and our lives are in immediate danger.

One key area in which international humanitarian law (IHL) needs strengthening is the protection of persons deprived of their liberty in relation to non-international armed conflicts (NIACs). While the Geneva Conventions contain more than 175 rules regulating deprivation of liberty in relation to international armed conflicts in virtually all its aspects, no comparable legal regime applies in NIAC. Since 2011, States and the International Committee of the Red Cross (ICRC) have worked jointly on ways to strengthen IHL protecting persons deprived of their liberty. Between 2011 and 2015, the ICRC facilitated consultations to identify options and recommendations to strengthen detainee protection in times of armed conflict; since 2015, the objective of the process has shifted towards work on one or more concrete and implementable outcomes. The present note recalls the legal need to strengthen detainee protection in times of NIAC and the main steps that have been taken over the past years to strengthen IHL.

Both the African Union Mission in Somalia (AMISOM) and the International Security Assistance Force (ISAF) – the North Atlantic Treaty Organization's security assistance mission to Afghanistan – have recognized the importance of reducing civilian harm, and adopted policies and practices that restrict the use of certain weapons in populated areas. ISAF commanders issued a number of tactical directives that restricted the use of certain air-delivered weapons, and AMISOM developed an indirect fire policy limiting the use of artillery and other indirect fire munitions in populated areas. This article examines both ISAF and AMISOM policies and practices to reduce civilian harm in populated areas and explores how these policies strengthened adherence to international humanitarian law and illustrated new ways in which armed actors can take feasible precautions and prioritize civilian protection.