This thesis examines the relationship between justice and recovery for survivors of sexual violence in the aftermath of armed conflict. Using the case study of the International Criminal Tribunal for the former Yugoslavia (ICTY), the thesis evaluates whether international criminal justice can contribute positively to victim vindication and restoration. While the historical war crimes tribunals at Nuremberg and Tokyo have been widely criticised for exercising a “victor’s justice”, this thesis illustrates a discernible shift towards a form of “victim’s justice” that extends beyond the parameters of punishment and proportionality for serious violations of international humanitarian law (IHL). Restorative principles of justice have thus been increasingly incorporated within current international criminal jurisdictions, reflected in victim-friendly legislation at the ICTY and the recently established International Criminal Court (ICC). These developments recognise the significance of justice for victims in the aftermath of armed conflict. (For complete abstract open document)

This thesis deals with the law applicable to targeting during an armed conflict — in particular, the law concerning military objectives and the rule of proportionality. The law concerning military objectives is further considered in the context of a UN sanctioned military operation.Using the law applicable to Australia as the frame of reference (particularly Additional Protocol I of 1977), the existing treaty law, relevant case law, and the extensive commentary available is analysed. Separate chapters deal with the law concerning human targets, non-human targets, and currently controversial targets (along with effects based operations). Further chapters deal with precautions in attack and proportionality.The law of targeting in the context of United Nations operations is addressed; and in particular, how a United Nations Security Council mandate might affect what objectives are lawful targets.Finally, I put forward a process by which responsibility for individual components of a targeting decision can be analysed. This will allow for the determination of legal responsibility for discrete steps in a targeting decision. This should prove particularly useful in two situations. First, it will enable military commanders to appreciate what needs to be considered in each targeting decision and thereby ensure that somebody is assigned responsibility for each discrete step. Second, in the event of an investigation into an alleged targeting mishap, it will be possible to identify who had, or at least should have had, responsibility for discrete aspects of the overall targeting decision.

Si la situation armée que traverse la Colombie n'est pas inconnue du grand public, tel n'est pas le cas pour les cohortes de réfugiés qui se sont formées dans son sillage. Relativement peu médiatisés sur la scène internationale, ces mouvements de populations représentent une constance dans l'histoire de ce conflit armé. Aujourd'hui, ce pays comptabilise le plus de réfugiés internes au monde. Renvoyant tout à la fois à une typologie migratoire et à une catégorie institutionnelle, ce travail de recherche en anthropologie politique revient sur ces mobilités contraintes « par la guerre ». Désignés et regroupés sous l'appellation « desplazamientos forzados por la violencia », ces mouvements sont de l'ordre du multiple et font localement l'objet d'une veille scientifique, politique et humanitaire importante. Cependant, il existe de grandes disparités dans les discours et dans les analyses le concernant, notamment lorsque se pose la question de la nature du territoire de départ des migrants. Ainsi, l'imaginaire veut que la situation armée qui impulse ces mobilités soit circonscrite au milieu rural et absent des milieux urbains.Or, les données recueillies et présentées dans cette thèse viennent bousculer ce postulat. Menées auprès de différents acteurs dans les villes de Bogotá et de Soacha entre 2010 et 2012, ces enquêtes de terrains témoignent de l'efficience de ces pratiques, tout en soulignant la pluralité de trajectoires qu'elles recoupent et la complexité des situations auxquelles elles répondent. Ainsi, ce travail de recherche fait resurgir l'importance des thèmes de la mémoire, de l'informalité, de l'appartenance ou encore de la distribution des richesses. / If the armed conflict affecting Colombia is known from the public, it is not the case of the numerous refugees it has created. Movements of population are constant across the history of this armed conflict although it did not attract the media’s attention. Nowadays this country has the largest number of internal refugees in the world. The present document is the result of a research in political anthropology on the migration patterns of populations caused by the threatening « of the war ». Identified and grouped under the denomination of « desplazamientos forzados por la violencia », these movements are plural. Locally this « total social fact » is closely monitored by scientific, political and humanitarian institutions. However significant disparities exist on both the analysis and the reasons of these migrations, especially regarding the condition of the migrant’s departure territory. It is often a statement in people’s mind that the conflicts at the origin of these motilities are limited to the countryside, and thus absent from the urban zones. However the data presented in this PhD thesis goes against this postulate. It was collected between 2010 and 2012 among various Colombian actors and institutions based in the cities of Bogotá and Soacha. By combining this data, the fieldwork demonstrates the reality of a transfer of the old conflicts into urban areas, stressing the existence of a plurality of trajectories and testifying about the complexity of situations to which they respond. This research emphasis the importance of themes such as memory, territory, informality, membership, distribution of wealth and knowledge transmission.

Submitted by Oliveira Santos Dilzaná (dilznana@yahoo.com.br) on 2016-04-25T14:44:47Z No. of bitstreams: 1 DISSERTAÇÃO THIAGO NERI DA CONCEIÇÃO.pdf: 1639491 bytes, checksum: 25b3d865d476b42bed3a50c146ddc583 (MD5) / Approved for entry into archive by Ana Portela (anapoli@ufba.br) on 2016-04-29T19:38:47Z (GMT) No. of bitstreams: 1 DISSERTAÇÃO THIAGO NERI DA CONCEIÇÃO.pdf: 1639491 bytes, checksum: 25b3d865d476b42bed3a50c146ddc583 (MD5) / Made available in DSpace on 2016-04-29T19:38:47Z (GMT). No. of bitstreams: 1 DISSERTAÇÃO THIAGO NERI DA CONCEIÇÃO.pdf: 1639491 bytes, checksum: 25b3d865d476b42bed3a50c146ddc583 (MD5) / CNPq / Este trabalho toma por pretensão o tráfico de drogas no Nordeste, a tentativa de preenchimento de uma lacuna sociológica no que tange os estudos sobre crime/desvio no Brasil, através de um estudo de caso num bairro periférico da cidade de Salvador/BA. O Objetivo geral desta pesquisa é analisar as características do mercado de drogas na periferia e compreender seus impactos no cotidiano. Mediante a delimitação do objeto, utilizou-se técnicas qualitativas: observação participante, entrevistas e diário de campo, essas técnicas foram as que demonstraram maior eficácia diante do objetivo traçado. A amostra foi construída de modo gradativo, agrupando internamente: moradores, usuários de drogas e operadores do comércio de drogas. Narra-se aqui as diferentes fases assumidas pelo tráfico nesta localidade: fragmentada e concentrada. O primeiro marcado por uma violência difusa, o segundo por uma violência cirúrgica. Essas diferentes configurações são apresentadas de modo processual, destacando as características pertinentes a cada uma delas. Soma-se a isso, o reconhecimento de que essas fases têm caráter espiral; relaciona-se cada face assumida por esse mercado ilegal com a rotina da população onde o tráfico floresce, apontando a violência como instrumento que se expande para além do tráfico e se espraia às demais práticas cotidianas, não de modo epidêmico, mas como prática de controle. Concomitante a isso, aborda-se as práticas de segurança pública, que vão do policiamento de incursão à instalação de bases comunitárias de segurança, vislumbrando também cada uma dessas modalidades em suas interações com os moradores. This work has the intention drug trafficking in the Northeast, the attempt to fill a gap in sociological terms studies on crime / deviation in Brazil, through a case study in a suburb of the city of Salvador / BA. The general objective of this research is to analyze the drug market characteristics in the periphery and understand their impact on daily life. By defining the boundaries of the object, we used qualitative techniques: participant observation, interviews and field journal, these techniques were the ones that had the highest effectiveness on the stroke order. The sample was constructed a gradual way, gathering internally: residents, drug users and drug trade operators. This paper shows different phases assumed by trafficking: fragmented and concentrated, the first marked by widespread violence, the second by a surgically precise violence. These different settings are presented in a procedural way, highlighting the relevant characteristics for each of them. Added to this, there’s a recognition of the spiral character of these phases; each face assumed by illegal market is related with the routine of the population where drug trafficking flourishes, pointing violence as a tool that expands beyond the trafficking and reaches other daily practices. Concomitant to this, it approaches the public security practices, ranging from policing to the incursion and establishment of community security bases, also glimpsing each of these modalities in their interactions with the locals.

The impact of armed conflict on children’s rights and protection is not disputed in existing research. This thesis looks again at this issue in the context of the longstanding armed conflict in Colombia and the current transition to peace in the country in order to consider whether and how peacebuilding can give children agency and contribute to restoring their rights and protection post conflict, an area neglected in existing research. Using testimonies from children gathered by a questionnaire and events held in communities in two regions of Colombia badly affected by the conflict, this thesis seeks to place children’s voices about the impact of the conflict on them and their views about peace at the centre of the discussion. Key findings are that as a result of their direct experiences of the conflict children have two main priorities for peace. The first is the need to re-establish positive, non-violent behaviours and relationships in their families and communities and the second is the need for protection and security from violence and crime. These findings are discussed using Lederach’s theories of reconciliation based peacebuilding (1997; 2005), an ecological framework for children’s protection and concepts of children’s resilience and rights. It is concluded that states are responsible for providing for children’s rights and protection but there is a need to pay attention to the impact of protracted armed conflict on communities.  Reconciliation based peacebuilding which restores the fabric of families and communities and addresses violence post conflict could enable protective mechanisms to be re-established for children and foster the development of children’s own resilience.  Further, giving children agency within the peacebuilding process is important to re-establishing children’s future rights in a post conflict society and these factors combined to enhance the conditions for sustainable peace. The thesis considers the implications of these conclusions for humanitarian and development organisations working with children during conflict or in peacebuilding and makes recommendations for all those with responsibilities in this area.

No description available.

This is a study of interstate armed conflict prevention. The concept of conflict, armed conflict and conflict prevention is defined and explained in order to be able to investigate if there is any single institution saddled with the responsibility of preventing interstate armed conflict and also to verify if adequate efforts are been put in this area which is of importance to mankind. The relationship between conflict prevention, conflict management and conflict resolution is also discussed so that a proper understanding of interstate armed conflict prevention is made. The latter part of this study is aimed at investigating who has the responsibility to prevent interstate armed conflict and the importance of external actors in conflict prevention. After which this study will then investigate if the efforts so far made are adequate in preventing interstate armed conflict before a discussion and conclusion is made on the findings of this research. Conclusion drawn from this study is of two parts. First it was discovered that no single institution has the responsibility to prevent interstate armed conflict but rather conflict prevention can only be achieved by collective efforts of the international community involving but state and non state actors. Lastly the study showed that quite a lot is being done in this area of conflict prevention but there is room for improvement.

The Protection of Cultural Property during Occupation Cultural property represents an integral part of every nation, it completes the identity of the individual as well as that of humanity as a whole. Because of its specific character, it represents a unique and valuable source for the understanding of history, and creates a sense of belonging to a community, either in its national or in its worldwide sense. Cultural property has a special, irreplaceable meaning for society; its character, existence and continuity and must therefore be protected. The risks that cultural property faces are of two different kinds: either independent of human will or, on the other hand, connected with human activity. Dangers for cultural property are naturally present even during the time of peace. On the other hand, cultural property represents especially vulnerable objects during the time of armed conflict or occupation. Even though during the time of armed conflict the protection of human lives, especially of persons not involved in actual fighting, plays the paramount role, it is nevertheless important to provide protection to cultural property as well. The aim of my thesis is to provide an overview and framework of existing mechanisms for the protection of cultural property in the event of armed conflict,...

The prevalence of rape and its widespread impunity, whether committed during armed conflict or peacetime, has been firmly condemned by the UN and its prohibition has been consistently recognised in international law. This development, however, is a rather novel endeavour. The belated response is in part a consequence of rape being characterised by such myths as sexual violence representing an inevitable by-product of war or as being committed by sexual deviants. Its systematic nature has thus been ignored as has the gravity of the offence, often leading to a culture of impunity. This was evident, for example, through the failure to prosecute crimes of rape during the Nuremberg trials, in qualifying it as a harm against a woman’s honour in the 1949 Geneva Convention (IV), or in considering it a violation located in the “private sphere”, thereby beyond regulation by international law. However, substantial efforts have been made in international law to recognise obligations for states to prevent rape. A prohibition of the offence has developed both through treaty law and customary international law, requiring the prevention of rape whether committed by state agents or by a private actor. One measure to prevent such violence has been identified as the duty to enact domestic criminal laws on the matter. The flexibility for states in determining the substance of such criminal laws is increasingly circumscribed, leading to the question of whether a particular definition of rape or certain elements of the crime must be adopted in this process. Elaborations on the elements of the crime of rape have been a late concern of international law, the first efforts made by the ad hoc tribunals (the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia), followed by the regional human rights systems as well as the International Criminal Court. The principal purpose of the thesis is consequently the systematisation and analysis of provisions and emerging norms obliging states to adopt a particular definition of rape in domestic penal codes. The prohibition of rape and, subsequently, the process of defining the crime has been made in three areas of international law – international human rights law, international humanitarian law and international criminal law. Emerging norms in all three regimes are consequently examined in this thesis, bringing to the fore overarching questions on the possible harmonisation of defining rape in these distinct branches of international law. The study will thus provide a contextual approach, aiming to evince whether the definition can be harmonised or if prevailing circumstances, such as armed conflict or peace, should necessarily inform its definition. Ultimately, the advances in international law are evaluated in order to identify possible areas for further development.

This thesis aims to explain how the involvement of secondary parties affect the duration of intrastate armedconflicts. It argues that the acquisition of secondary support in favor of rebel groups is likely to lead to an extended duration of intrastate armed conflict. By granting a relatively weaker rebel group secondary support, a secondary party ought to directly alter the balance of power and capabilities in benefit for the rebels. The secondary party could thereby be able to level the balance of capabilities between a government and a rebel group, creating a situation in which the, at first, stronger government now have to face a rebel group capable of surviving longer. Using a structured focused comparison on two cases, the results find secondary support in the form of funding or economic support given to relatively weak rebels to be an important influence on extending the duration of intrastate armed conflicts. Nonetheless, further research might have to be made in order to fully understand the even more detailed mechanisms behind the strong influences of economic secondary support on conflict duration.