Chapter 2 outlines the contemporary legal framework of IHL, examining the treaty and customary laws that govern conduct in armed conflict, and exploring the fundamental principles of the law. The distinction between the jus in bello and the jus ad bellum is explained, as well as some of the different terms used in IHL (Hague Law, Geneva Law, war vs armed conflict, etc). The main sources of IHL are explained – treaties and customary international humanitarian law. The chapter then explains the main principles governing IHL – distinction, discrimination, military necessity, proportionality, prohibition on unnecessary suffering, neutrality and humanity.

This conclusion summarises the arguments presented in the chapters in Parts I, II and III. It also explores some of the implications of the reappraisal of ECHR Article 9 and the related ECtHR jurisprudence in this book for academics and legal practitioners alike.

Part I reviews the scholarly literature relating to the right to freedom of thought, conscience and religion and challenges the classic approach to this right. Chapter 1 discusses the origin and meaning of the terms ‘forum internum’ and ‘forum externum’. It explains that, in the literature, there is a general consensus that there is a clear binary and hierarchical distinction between the absolutely protected forum internum and the qualified forum externum in the architecture of ECHR Article 9, and that this distinction features in the related ECtHR jurisprudence. It then explores criticisms raised by commentators relating to the ECtHR’s understanding and application of this distinction, and notes some suggestions made by commentators to resolve the issues. Finally, it examines the way in which this classic approach to the right and its protection by the ECtHR has evolved. It questions the veracity of claims that there is, or should be, such a distinction between the forum internum and forum externum in ECHR Article 9 and related ECtHR jurisprudence, and suggests that a review of the understanding this Article and the case law is not only necessary but overdue.

This chapter formulates guidance for applying the IHL proportionality rule by looking at its objectivity; the standard of the reasonable commander and the interpretation of the term ’excessive’.

This chapter contains an analysis of the practical application of the IHL proportionality rule by looking at a number of examples of factual situations.

This chapter contains an overview of the development of the IHL rule on proportionality in treaty law and a discussion of its existence as a customary IHL rule.

In addition to the IHL proportionality rule, IHL contains a number of other rules that fulfil a similar role as a standard of moderation and with a broader scope, including effects on enemy forces.

This chapter provides insight into the practical and legal context in which the proportionality rule must be applied: the targeting process; indiscriminate attacks and precautionary measures.

The aim of this chapter is to assess the different factors which comprise the IHL proportionality rule.

Introduction to the study of proportionality rule in international humanitarian law.

IHL proportionality as a principle of IHL and the manifestations of proportionality in other legal frameworks relating to the use of force.

This chapter pleads for a refocussed application of the IHL proportionality rule, tilting the balance more towards humanity; and analyses whether it needs to be clarified or changed.

Today’s information technology is becoming ever-more complex, distributed and pervasive. Therefore, problematizing what we observe as Information Systems (IS) researchers is becoming ever-more difficult. This chapter offers a new perspective for qualitative empirical research in the IS field. It looks at how we can possibly study dynamically changing, evolving, spatially and temporally distributed phenomena that evade our accustomed concepts and assumptions about the locus of agency. Or asked differently: How can we formally approach phenomena evading our concept of ‘identity’?

Using the mathematical-logical framework of the Laws-of-Form, formulated in 1969 by George Spencer-Brown, the chapter introduces the notion of distinction to capture the manifestation of concepts. It provides a short overview and illustrates how it can be used on sample concepts drawn from IS sociomateriality research.

The chapter advances qualitative methodology by suggesting a formal notation to communication analysis that is reflective of technologies’ complex nature. Applying the framework not only alters the epistemological boundaries for how to experience and study the ‘digital’, but also helps to build a bridge between deep technological insights, our immediate, unbiased and mundane experience of technologies, and how we speak about them.

Chapter 4 explains the relevant rules of armed conflict that provide for the protection against the effects of hostilities. To the extent that humanitarian law protects civilians and civilian objects, it also protects foreign investors and their investments, as far as natural persons and tangible assets are concerned. The chapter shows how the law of armed conflict balances military and humanitarian concerns and illuminates the operation of the principles of distinction, proportionality, and precaution. In analysing the limitations of this protection, the chapter further identifies circumstances in which harm to foreign investors and their investments may be lawful under international humanitarian law. In particular, the chapter shows how foreign investments can easily become military targets and under which circumstances inflicted damage can be an acceptable side effect of military operations. The chapter thus forms the basis for the subsequent examination of international humanitarian law’s impact on individual investment treaty standards.

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Ngwana e o sa leleng o swela tharing.

Bosa iphuteng metlhala lotshosa diletseng.