The role of necessity in international humanitarian and human rights law

The nature of armed conflict has changed dramatically in recent decades. In particular, it is increasingly the case that hostilities now occur alongside ‘everyday’ situations. This has led to a pressing need to determine when a ‘conduct of hostilities’ model (governed by international humanitarian law—IHL) applies and when a ‘law enforcement’ model (governed by international human rights law—IHRL) applies. This in turn raises the question of whether these two legal regimes are incompatible or whether they might be applied in parallel. It is on this question that the current paper focuses, examining it at the level of principle. Whilst most accounts of the principles underlying these two areas of law focus on humanitarian considerations, few have compared the role played by necessity in each. This paper seeks to address this omission. It demonstrates that considerations of necessity play a prominent role in both IHL and IHRL, albeit with differing consequences. It then applies this necessity-based analysis to suggest a principled basis for rationalising the relationship between IHL and IHRL, demonstrating how this approach would operate in practice. It is shown that, by emphasising the role of necessity in IHL and IHRL, an approach can be adopted that reconciles the two in a manner that is sympathetic to their object and purpose.

State practice, customary humanitarian law and civilian casualties of armed conflict

The article examines the customary international law credentials of the humanitarian law rules proposed by the International Committee of the Red Cross (ICR) in 2005. It relies on the BIICL/Chatham House analysis as a ‘constructive comment’ on the methodology of the ICRC study and the rules formed as a result of that methodology with respect to the dead and missing as an aid to determination of their customary law status. It shows that most of the rules studied have a customary international lawpedigree which conforms to the conclusions formed on the rules generally in the Wilmshurst and Breau study. However, the rules with respect to return of personal effects, recording location of graves and notification of relatives of access to gravesites do not seem to have even on a majoritarian/deductive approach enough volume of state practice to establish them as customary with respect to civilians.

Integrating science into humanitarian and development planning and practice to enhance community resilience

There has been an increased emphasis upon the application of science for humanitarian and development planning, decision-making and practice; particularly in the context of understanding, assessing and anticipating risk (e.g. HERR, 2011). However, there remains very little guidance for practitioners on how to integrate sciences they may have had little contact with in the past (e.g. climate). This has led to confusion as to which ‘science’ might be of use and how it would be best utilised. Furthermore, since this integration has stemmed from a need to be more predictive, agencies are struggling with the problems associated with uncertainty and probability. Whilst a range of expertise is required to build resilience, these guidelines focus solely upon the relevant data, information, knowledge, methods, principles and perspective which scientists can provide, that typically lie outside of current humanitarian and development approaches. Using checklists, real-life case studies and scenarios the full guidelines take practitioners through a five step approach to finding, understanding and applying science. This document provides a short summary of the five steps and some key lessons for integrating science.

Using standby generators in support of an electricity network: logistics and experience

Electricity load shifting is becoming a big topic in the world of ‘green’ retail. Marks & Spencer (M&S) aim to become the world’s most sustainable retailer (1) and part of that commitment means contributing to the future electricity network. While intelligent operation of fridges and Heating, Ventilation and Air Conditioning (HVAC) systems are a wide area of research, standby generators should be considered too, as they are the most widely adopted form of distributed generation. In this paper, the experience of using standby generators in Northern Ireland to support the grid is shared and the logistics of future projects are discussed. Interactions with maintenance schedules, electricity costs, grid code, staffing and store opening times are discussed as well as the financial implications associated with running generators for grid support.

Humanitarian law, human rights law and the bifurcation of armed conflict

This article offers a fresh examination of the distinction drawn in international humanitarian law (IHL) between international and non-international armed conflicts. In particular, it considers this issue from the under-explored perspective of the influence of international human rights law (IHRL). It is demonstrated how, over time, the effect of IHRL on this distinction in IHL has changed dramatically. Whereas traditionally IHRL encouraged the partial elimination of the distinction between types of armed conflict, more recently it has been invoked in debates in a manner that would preserve what remains of the distinction. By exploring this important issue, it is hoped that the present article will contribute to the ongoing debates regarding the future development of the law of non-international armed conflict.

Science for Humanitarian Emergencies and Resilience (SHEAR) scoping study: Annex 3 - Early warning system and risk assessment case studies

This report provides case studies of Early Warning Systems (EWSs) and risk assessments encompassing three main hazard types: drought; flood and cyclone. The case studies are taken from ten countries across three continents (focusing on Africa, South Asia and the Caribbean). The case studies have been developed to assist the UK Department for International Development (DFID) to prioritise areas for Early Warning System (EWS) related research under their ‘Science for Humanitarian Emergencies and Resilience’ (SHEAR) programme. The aim of these case studies is to ensure that DFID SHEAR research is informed by the views of Non-Governmental Organisations (NGOs) and communities engaged with Early Warning Systems and risk assessments (including community-based Early Warning Systems). The case studies highlight a number of challenges facing Early Warning Systems (EWSs). These challenges relate to financing; integration; responsibilities; community interpretation; politics; dissemination; accuracy; capacity and focus. The case studies summarise a number of priority areas for EWS related research: • Priority 1: Contextualising and localising early warning information • Priority 2: Climate proofing current EWSs • Priority 3: How best to sustain effective EWSs between hazard events? • Priority 4: Optimising the dissemination of risk and warning information • Priority 5: Governance and financing of EWSs • Priority 6: How to support EWSs under challenging circumstances • Priority 7: Improving EWSs through monitoring and evaluating the impact and effectiveness of those systems

Just another case of treaty interpretation? Reconciling humanitarian law and human rights law in the ICJ

This chapter offers a fresh critique of the approach taken by the International Court of Justice to the relationship between humanitarian law and human rights law. In so doing, it seeks to move beyond the intractable debates that have dominated this area, offering an original account of the relationship that is firmly grounded in general international law concepts of treaty interpretation.

Future cenario planning in Brazilian logistics and transportation sector

Nas últimas décadas o setor de logística passou por grandes transformações pelo mundo. Assim, a eficiência do sistema logístico é importante para o crescimento econômico, a diversificação, redução dos custos operacionais e da pobreza. Segundo o Banco Mundial, o Brasil tornou-se uma das maiores economias do mundo, mas os custos logísticos elevados colocam em risco esse crescimento. Estes custos são em grande parte o resultado de diferenças em infraestrutura de cada região, juntamente com os encargos do setor rodoviário, que corresponde por 60% do total do transporte de carga do país. Entretanto, a logística brasileira está às portas de uma nova revolução, em práticas de negócios e eficiência, e também na qualidade e disponibilidade da infraestrutura de transportes e comunicações, e novos projetos e práticas para superar a situação. O objetivo deste estudo não é analisar o presente e as atuais tendências de logística do Brasil e do setor de transporte, mas sim modelar possíveis cenários futuros para os próximos anos. Em outras palavras, este trabalho mostra diferentes possibilidades de como o setor de logística e transporte poderá ser no futuro. Para isso, este trabalho irá utilizar a metodologia de cenários prospectivos e entrevistas com especialistas relacionados da área.

Green logistics: key elements for a well-functioning sustainable logistics system

A growing awareness of the modern society about the direct relationship between a growing global community with increasing total industrial activities on one hand and various environmental problems and a natural limitation of natural resources on the other hand set the base for sustainable or “green” approaches within the supply chain. This paper therefore will look at the issue of “Green Logistics” which seeks to reduce the environmental impact of logistics activities by taking into account functions such as recycling, waste and carbon emission reduction and the use of alternative sources of energy. In order to analyze how these approaches and ideas are being perceived by the system as a whole two models from the area of prospective and scenario planning are being used and described to identify the main drivers and tendencies within the system in order to create feasible hypothesis. Using the URCA/CHIVAS model allows us to identify the driver variables out of a high number of variables that best describe the system “Green Logistics”. Followed by the analysis of the actor’s strategies in the system with the Mactor model it is possible to reduce the complexity of a completely holistic system to a few key drivers that can be analyzed further on. Here the implications of URCA/CHIVAS and Mactor are being used to formulate hypotheses about the perception of Green Logistics and its successful implementation among logistics decision makers by an online survey. This research seeks to demonstrate the usefulness of scenario planning to a highly complex system observing it from all angles and extracting information about the relevant factors of it. The results of this demonstration indicate that there are drivers much beyond the factory walls that need to be considered when implementing successfully a system such as Green Logistics.

What makes a humanitarian supply chain resilient? The relevance of the capabilities for resilience within humanitarian supply chain and their identification within the typhoon Yolanda

Centenas de milhões de pessoas são afetadas por desastres a cada ano. Para alguns países da Ásia, os desastres naturais se tornaram algo comum para os quais eles precisam estar preparados. A cadeia de fornecedores humanitária é um conceito logístico recente, que se refere a todo o processo de ajuda que acontece uma vez que ocorre um desastre, desde os doadores até os beneficiários finais. Por causa de tensões econômicas recentes, e por causa de uma maior cobertura da mídia sobre os desastres naturais mortais tal como o Typhoon Yolanda em 2013-2014; organizações humanitárias precisam mostrar transparência em suas ações e precisam provar a capacidade de resistência da cadeia de abastecimento para melhorar ainda mais os programas de doação. Resiliência tem sido estudada no contexto da cadeia de fornecedores de uma empresa comercial. No entanto olhar para essa noção dentro do sector humanitário que tem características diferentes, é um novo conceito raramente explorado antes. O objetivo desta tese será contribuir com novos insights e contributos, a fim de enriquecer ainda mais pesquisas sobre a capacidade de resiliência das cadeias de fornecedores humanitários. Vamos analisar as provas desses recursos para a resiliência através de uma pesquisa qualitativa sobre o caso Typhoon Haiyan (Yolanda), que já foi o tufão mais mortal das Filipinas.

Humanitarian operations in Brazil: a review of natural disasters in the last decade

This research used documentary analysis to identify the main natural disasters in Brazil in the last decade (2003 to 2013). Results provided evidence that operations and impacts differ in sudden-onset and slow-onset disasters and that Government is the main player in the Humanitarian Operations in Brazi