The Lieber Code and the regulation of civil war in international law

In this paper, we consider one particularly interesting feature of the Lieber Code, which is the fact that it was drawn up by the U.S. Government to regulate the conduct of its armed forces in a civil war. In so doing, we hope to explore the extent to which there may be links between the Lieber Code and the contemporary regulation of non-international armed conflicts. In particular, we explore some similarities and contrasts between the views on the regulation of civil war that existed at the time of the drafting of the Lieber Code and the position that exists today.

Impacts of uplift of northern Tibetan Plateau and formation of Asian inland deserts on regional climate and environment

Based on the geological evidence that the northern Tibetan Plateau (NTP) had an uplift of a finite magnitude since the Miocene and the major Asian inland deserts formed in the early Pliocene, a regional climate model (RegCM4.1) with a horizontal resolution of 50 km was used to explore the effects of the NTP uplift and the related aridification of inland Asia on regional climate. We designed three numerical experiments including the control experiment representing the present-day condition, the high-mountain experiment representing the early Pliocene condition with uplifted NTP but absence of the Asian inland deserts, and the low-mountain experiment representing the mid-Miocene condition with reduced topography in the NTP (by as much as 2400 m) and also absence of the deserts. Our simulation results indicated that the NTP uplift caused significant reductions in annual precipitation in a broad region of inland Asia north of the Tibetan Plateau (TP) mainly due to the enhanced rain shadow effect of the mountains and changes in the regional circulations. However, four mountainous regions located in the uplift showed significant increases in precipitation, stretching from the Pamir Plateau in the west to the Qilian Mountains in the east. These mountainous areas also experienced different changes in the rainfall seasonality with the greatest increases occurring during the respective rainy seasons, predominantly resulted from the enhanced orographically forced upwind ascents. The appearance of the major deserts in the inland Asia further reduced precipitation in the region and led to increased dust emission and deposition fluxes, while the spatial patterns of dust deposition were also changed, not only in the regions of uplift-impacted topography, but also in the downwind regions. One major contribution from this study is the comparison of the simulation results with 11 existing geological records representing the moisture conditions from Miocene to Pliocene. The comparisons revealed good matches between the simulation results and the published geological records. Therefore, we conclude that the NTP uplift and the related formation of the major deserts played a controlling role in the evolution of regional climatic conditions in a broad region in inland Asia since the Miocene.

The Kurdish conflict: international humanitarian law and post-conflict mechanisms

This book is highly topical considering the recent resurgence of violence by the PKK, the incursions into Northern Iraq by the Turkish army and security forces and Turkey’s EU accession negotiations. Turkey has become an increasingly important player in Middle Eastern geopolitics. More than two decades of serious conflict in Turkey are proving to be a barrier to improved relations between Turkey and the EU. This book is the first study to address fully the legal and political dimensions of the conflict, and their impact on mechanisms for conflict resolution in the region, offering a scholarly exploration of a debate that is often politically and emotionally highly charged. Kerim Yildiz and Susan Breau look at the practical application of the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region also means addressing larger questions in international law, global politics and conflict resolution. Examples include belligerency in international law, whether the ‘war on terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The Kurdish Conflict explores the practical possibilities of conflict resolution in the region, examining the political dynamics of the region, and suggesting where lessons can be drawn from other peace processes, such as in Northern Ireland. This book will be of great value to policy-makers, regional experts, and others interested in international humanitarian law and conflict resolution.

Terrorism: Arriving at an understanding of a term

157-93 (Michael J. Glennon and Serge Sur eds.,

A qualified defense of American drone attacks in northwest Pakistan under international humanitarian law

Since the terrorist attacks of September 11, 2001, international law has had to grapple with the fundamental challenges that large-scale violence carried out by non-State actors poses to the traditional inter- State orientation of international law. Questions related to the “adequacy” and “effectiveness” of international humanitarian law, international human rights law and the law related to the use of force have been particularly pronounced. This paper focuses on the international humanitarian law implications of American drone attacks in northwest Pakistan. A highly-advanced modality of modern warfare, armed drones highlight the possibilities, problems, prospects and pitfalls of high-tech warfare. How is the battlefield to be defined and delineated geographically and temporally? Who can be targeted, and by whom? Ultimately, this paper concludes that American drone attacks in northwest Pakistan are not unlawful as such under international humanitarian law, though, like any tactical decision in the context of asymmetric warfare, they should be continuously and closely monitored according to the dictates of law with sensitivity to facts on the ground.

Regulating non-international armed conflicts: a review essay of 'The Law of Non-International Armed Conflict' by Sandesh Sivakumaran

This review essay engages with Sandesh Sivakumaran’s book The Law of Non-International Armed Conflict, exploring its significance both in international humanitarian law and international law more generally.