Questions related to International Humanitarian Law
- Does normative legal philosophy also have a potential critical function vis-à-vis existing, empirically provable injustice where the injustice is not so much promoted or brought about by discriminatory laws, incorrect court rulings or actions contrary to human rights in the sense of an ideology, but rather by legislative and political laissez-faire or even omission (cf. e.g. mediterranean migrant crisis, anthropogenic climate change or pandemics)? From my point of view, this should be the case (but where is it explicitly stated and conceptually discussed?).
- Which concepts from the field of normative legal philosophy/ legal ethics could be used to transparently and rationally criticise such state and supranational omissions from a normative perspective? Should new concepts of legal ethics be developed, can existing concepts be adapted? Who are the primary addressees? From my point of view, the minimum connection between law, serving as the basis of state action, and justice, which can be assessed against Radbruch's formula, enables a normative evaluation of state and supranational omissions, but also provides the contours for corresponding (political) duties to act.
What is your opinion regarding these issues?
Some legal philosophical approaches to these questions can be found in my paper "Extreme Wrong Committed by National and Supranational Inactivity: Analyzing the Mediterranean Migrant Crisis and Climate Change from a Legal Philosophical Perspective", Göttingen 2021.
I am a master's student and I'm searching for a current debate in the field of international humanitarian law or international criminal law.
Is there somebody who can help me with this?
All suggestions are more than welcome.
Lil bit confused about the Role of IGOs towards a specific issue, especially when it's overlapping with the member states' interest and agenda. For instance: the Role of UNHCR towards refugees Crisis.Here, basically UNHCR is following the UN convention, however UNHCR seems not playing its role due to member states' own interests. So, it seems like UNHCR does not have a role here, right? Many thanks
I am actually in the process of preparing a research paper with the purpose of identifying the factors that cause decisions for or against humanitarian interventions, using Syria as an example. Thanks for your advice! Peter
I am looking at the role and contribution of international courts in promoting and ensuring inter-state and intra-state peace.
I am undertaking a PhD with Oxford Brookes University at the moment looking at success factors and influences on leadership in international humanitarian and development organisations in South Asia, particularly Pakistan, India and Sri Lanka.
For this I intend to carry out an electronic survey, and had hoped to get access to some kind of up to date country list of all the leaders of these kinds of organisations.
By 'leaders', I mean: Country Directors, CEOs, Chief of Party's, Senior Programme Directors, Resident Representatives, Principal or Chief Advisors, etc - the bigshots.
By 'these kind of organisations', I mean: INGOs (i.e. Oxfam, World Vision, Care, Tearfund, MSF etc etc), bi-laterals (i.e. SDP, GIZ etc.), philanthropic organisations and foundations (i.e. Clinton, Gates, Agha Khan etc.) multi-laterals (UN agencies, ICRC - excuse the possibly politically incorrect labelling there!), and even the well-known Consultancy firms in the sector (i.e. GOPA, GFA, Crown Agents, Adam Smith, Chemonics, Coffey, etc.) and others that I would not know where to place, i.e. DAI, MSI, PSI...
This means I need to rethink my approach strategy, and where possible target direct email addresses of leaders that I can get access to, but also place my electronic survey of perhaps a afew platforms and then request administrators of relevant forums to ask their members to access these in this way.
And for the above reasons and being a bit stumped, I have decided to seek research assistance here. Could you can shed some light, offer ideas, connect me to the people that might provide the type of access I need, or link me to updated email address lists, or even platforms that might assist in me successfully carrying out my research?
As mentioned, specific geo-focus is Sri Lanka, India and Pakistan, and only IHDOs as per the above types...
My time frame is to get the survey 'out there' early April if possible... and whatever assistance you could provide will be really appreciated.
Curious about whether the Trans-Pacific Partnership agreement could become null and void if it is contrary to a peremptory norm of international law, that is if transparency of negotiations is a norm of jus cogens.
I am interested in a publication that would tackle this topic. I am especially interested in finding out to what extent could drones be (in the future) used legally by non-state actors against states for targeted killing, following the legal justification the US puts forward.