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The principle of proportionality under international humanitarian law prohibits an attack if the expected harm to civilian persons and objects is excessive in relation to the anticipated concrete and direct military advantage. In this article we argue that, when applying the principle of proportionality, the incidental harm to a child must be given a higher value as compared to incidental harm to an adult. This reflects the broader framework of international humanitarian law, which creates stratifications amongst different groups of civilians and provides special protection for children in times of war. This aligns with the practice of many militaries, which tends to implicitly assign a heightened worth to the lives of children due to moral and political considerations. Such reasons stem from the perceived vulnerability of children as well as their moral innocence reflecting harmlessness and blamelessness. Indeed, harm to children’s lives tends to generate a greater backlash among the community to which they belong and, as a result, a military disadvantage. We argue that the greater weight assigned to the lives of children in proportionality assessments is not simply a matter of morality or strategic calculations, but in fact a requirement from a more wholistic interpretation of international humanitarian law.
Chapter 7 looks at the law of targeting, which, in addition to imposing conditions on all targeting decisions, provides additional rules on the protection of civilians from the deleterious effects of armed conflict. The philosophical underpinnings of the law are explained, along with the core requirements of what constitute military objects and military objectives. Additional qualifications on permissible targeting are outlined – the requirements of proportionality and the precautions to be taken in attack, and the prohibition on indiscriminate attacks. The chapter explains the specific rules on targeting certain objects such as cultural property, the environment, medical facilities, works containing dangerous forces, objects necessary fo the survival or the civilian population and non-defended localities. The problem of dual-use (military/civilian) objects is examined, as is the law of targeting applicable in non-international armed conflict.
This chapter discusses the development and application of international humanitarian law (IHL) and its interrelationship with human rights law. It further examines this special relationship, which is of particular importance for the protection of civilians, especially where the applicability of IHL is contested or where IHL constitutes an exception to certain rights, such as the right to life, or fails to prevent and/or provide effective remedies for violations. The chapter seeks to identify the scope of application of IHL and demonstrate the degree to which the two can be reconciled. Moreover, a special case is made for the law applicable in situations of military occupation whereby human rights are subordinate to IHL. Despite this subordination, in practice because international human rights tribunals are not mandated to apply humanitarian law they necessarily interpret and enforce the rights of the victims on the basis of the rights found in their respective statutes. As a result, the jurisprudence of human rights tribunals is not always consistent with IHL. Yet, such tribunals are hard pressed to accept jurisdiction over situations which would otherwise be resolved on the basis of IHL alone. This chapter therefore goes on to discuss the exercise of extraterritorial jurisdiction by human rights tribunals.
Cash transfer programs are the most common anti-poverty tool in low- and middle-income countries, reaching more than one billion people globally. Benefits are typically targeted using prediction models. In this paper, we develop an extended targeting assessment framework for proxy means testing that accounts for societal sensitivity to targeting errors. Using a social welfare framework, we weight targeting errors based on their position in the welfare distribution and adjust for different levels of societal inequality aversion. While this approach provides a more comprehensive assessment of targeting performance, our two case studies show that bias in the data, particularly in the form of label bias and unstable proxy means testing weights, leads to a substantial underestimation of welfare losses, disadvantaging some groups more than others.
Focus here is placed on the pharmaceutical and biomedical applications of novel clay-drug hybrid materials categorized by methods of administration. Clay minerals have been used for many years as pharmaceutical and medicinal ingredients for therapeutic purposes. A number of studies have attempted to explore clay-drug hybrid materials for biomedical applications with desired functions, such as sustained release, increased solubility, enhanced adsorption, mucoadhesion, biocompatibility, targeting, etc. The present review attempts not only to summarize the state-of-the-art of clay-drug hybrid materials and their advantages, depending on the methods of administration, but also to deal with challenges and future perspectives of clay mineral-based hybrids for biomedical applications.
This paper compares social policy responses to the cost-of-living crisis in the United Kingdom (UK) and Ireland. In seeking to protect citizens from an inflationary shock, a series of fundamental social policy questions arise. What would the aims of support packages be? To what extent should support be universal or targeted? If targeted, did existing policy architectures facilitate or frustrate the targeting of support? As the scale and persistence of the inflationary shock became evident, smaller and near-universal responses gave way to larger support packages with a greater reliance on targeting. Social security systems played an important role in policy responses, though often by passporting one-off payments rather than a strengthening of these core programmes. Passporting led both to improved distributional outcomes vis-à-vis the more universal elements but created new administrative challenges and led to rough justice in some circumstances. The reliance on one-off payments underlined the temporary nature of policy responses.
Given growing worry about dark money electoral spending and covert forms of business lobbying – neither of which generally require federal reporting – a shareholder-activist movement has emerged to pressure companies to increase their voluntary political disclosures. This chapter investigates how companies are pressured for greater disclosure and how they respond. I find that firms are likely to be targeted if they are larger and more prominent, and engage in higher levels of conventional lobbying and electoral spending. Additional qualitative evidence shows that targeting follows from a firm’s receptivity to engagement and also if their spending appears contradictory to corporate values. Lastly, I investigate the likelihood that shareholder activism is successful, finding that apparent concessions are more likely after repeated targeting and during years of S&P 500 index constituency. The chapter draws conclusions about the prospects for greater transparency of corporate political expenditures in a time of uncertain government oversight.
In light of ongoing debates about income targeting in the welfare state, this article explores how the design and outcomes of income targeting policies are related to popular targeting preferences. Based on the unique combination of fine-grained opinion and policy indicators in a multilevel analysis, the results show that targeting preferences are indeed empirically related to targeting policies. However, whether these preferences are affected more by the de jure targeting design or the de facto targeting outcome seems to vary between two very different policy domains. In the case of unemployment benefits, the results suggest positive policy feedback: support for high-income targeting increases when unemployment benefits are designed to benefit those with previously higher incomes. For income taxation, by contrast, the results suggest negative policy feedback. In that case, it is not so much the de jure design but rather the de facto outcome that matters: the more taxes effectively work to the advantage of higher-income earners, the less support there is for a tax that levies the same amount on everyone, regardless of income.
Rising inflation in the Nordic societies has changed the living standards for many families. The situation differs not only between the four Nordic countries analysed, but even within each of the Nordic countries. The needs for intervention have varied. Several elements have been used to determine who is facing the most risks. This article shows how to combine automatic stabilisers with temporary policy interventions to deal with increased inflation in general or specific sub-elements (such as oil, natural gas). Focus is on the degree of and criteria for targeting. Possible distributional consequences of the adopted measures will be discussed. Lastly, the article considers whether the observed responses to the crisis have implications for the understanding of the Nordic welfare state model. The article investigates institutional, political and economic reasons for the variations in the interventions. The article concludes that in managing the crisis, the Nordic countries have adopted stronger targeting towards those considered to be in need, displaying some innovations in their social policy approach. Yet, one can trace a high degree of path-dependency, with the countries adhering to universalist principles, with an aim of redistributing resources.
Many contemporary armed conflicts are shaped by the reliance on airstrikes using traditional fighter planes or remotely piloted drones. As accounts of civilian casualties from airstrikes abound, the ethics and legality of individual airstrikes and broader targeting practices remain contested. Yet these concerns and debates are not new. In fact, a key attempt to regulate aerial warfare was made 100 years ago. In this article, we approach the regulation of aerial warfare through an examination of the 1923 Hague Draft Rules of Aerial Warfare and the contemporary scholarly discussion of these rules. While the Draft Rules have never been converted into a treaty, they embody logics of thinking about civilians, technologies of aerial warfare, and targeting that are still resonating in contemporary discussions of aerial warfare. This article argues for a contextualized understanding of the Draft Rules as an attempt to adapt International Humanitarian Law (IHL) to the new technological realities while maintaining distinctions between different kinds of spaces and non-combatants. We argue that the Draft Rules prefigure later debates about the legality of aerial bombing by tacitly operating with a narrow understanding of the civilian and by offering a range of excuses and justifications for bombing civilians.
This chapter addresses the scope of regulation of means and methods of warfare generally and then examines the prohibition of weapons causing superfluous injury or unnecessary suffering, indiscriminate weapons, and weapons harming the environment. It then turns to the regulation of certain weapons, namely nuclear weapons, cluster munitions, UAVs and autonomous and automated weapons systems. The chapter goes on to review the regulation of certain methods of warfare, perfidy and ruses of war, pillage, espionage and improper use of protected emblems. It then discusses weapons review before addressing targeting, military objectives, proportionality in attack and precautions. The chapter closes with discussion of cyber warfare in this context.
By drawing together key documents, case law, reports and other materials on international humanitarian law from diverse sources, the book presents in a systematic and analytically coherent manner this body of law and to offer students, teachers and practitioners an easily accessible, targeted but also critically informed account of the relevant rules and of how they apply in practice. It covers all areas of international humanitarian law and specifically addresses issues of contemporary interest such as cyber warfare, targeting, occupation, detention, human rights in armed conflict, peacekeeping, neutrality, responsibility and accountability, enforcement, reparations. The book is ideal for instruction, research, reference and application purposes either as a standalone resource or as accompaniment to textbooks and more specialist references.
This article aims to clarify how international humanitarian law (IHL) rules on targeting apply when drug cartels are party to a non-international armed conflict. The question of distinguishing between a cartel's armed forces and the rest of the cartel members is a pertinent matter. It is crucial to avoid considering every drug dealer a legitimate target, just as we do not consider that everyone working for the government is a legitimate target. Nevertheless, it is unclear at what point a member of a cartel would change from being a criminal to being a member of the armed wing of the cartel, hence becoming a legitimate target. The present article will suggest a teleological approach to solving this conundrum.
Endless armed conflicts against terrorist groups put civilian populations at risk. Since France has been involved in the Sahel from 2013 onwards, transnational non-international armed conflicts (NIACs) of extended geographical and temporal scope against groups designated as terrorists are not a US exception anymore. NIACs against terrorist groups, conducted not only by the United States but also by France, persist and have been reconfigured around threat anticipation. How can anticipatory warfare be best constrained? This article argues that it can be best done through more constraining rules regulating target selection in NIACs and, in particular, by redefining the notion of continuous combat function (CCF). Many elements explored in this article indicate that the United States and France select targets that they pre-designate as terrorists, before these targets are engaged in hostilities. Instead of responding to the observed participation of these individuals in hostilities, strikes are based on contextual and behavioural elements ahead or outside of such moments. This paper argues that when war consists of threat anticipation, it becomes very extensive and particularly risky for civilians. Furthermore, recent State practice in the counterterrorism context reveals the pitfalls of the notions of direct participation in hostilities and CCF as defined in the 2009 International Committee of the Red Cross Interpretive Guidance. Outside this context, the interpretations proposed in the Interpretive Guidance might seem sufficient to constrain target selection processes and to protect civilian populations. However, when applied to armed conflicts that are driven by threat anticipation, the pitfalls of these interpretations emerge. I formulate a critique of these interpretations as being partly responsible for anticipatory warfare and propose an alternative theory for the CCF test.
Access to affordable water and sanitation services is crucial for the realization of the human rights to water and sanitation. Where these services are available but not affordable, people will not be able to use sufficient amounts of water and adequately maintain latrines, or will turn to cheaper, unsafe sources or practices. Another consequence is that people, in order to support the costs of water and sanitation, might compromise the realization of other human rights such as food, housing, health or education. However, the issue of affordability does not always receive the attention it deserves. As people will go to great lengths to pay for water to ensure their survival and health, there is often an assumption that people will obtain the water they need even without the state support.
The section, beside a standard recapitulation of the findings, offers several suggestions as to how the existing norms might be interpreted in the future. It proposes a consistent uniform approach to targeting in armed conflict. It points to the risks associated with excessive expansion of the category of lawful targets.
This chapter is the first of two chapters relating to business strategy and covers the most fundamental aspects in terms of strategic planning and positioning. The starting point is a discussion of the concept of competitive advantage, and how this relates to value creation. Different types of competitive advantage, based on costs and benefits, are discussed, and these are related to market positioning, targeting and segmentation. The relevance of price elasticity is explained in the context of positioning and competitive advantage. Various forms of integration are discussed, in terms of vertical, horizontal and diversification aspects. The nature, costs and benefits of each of these forms is explained. Recent trends in diversification are discussed, along with empirical studies. As with other chapters, case studies are vital in order to illustrate the management principles; in this case, three prominent tech firms are discussed in terms of their strategy development since their origins: Apple, Netflix and Tesla. Although all of them are high-cap tech firms of global reach, they each have quite different prospects.
NATO’s 1999 air campaign over Kosovo represents a rare example of a purely coercive air power campaign. Most coercive air campaigns are combined with a ground element, making it difficult to empirically distinguish the specific role played by air power. In Operation Allied Force, though, the prospect of a ground campaign was discussed and no meaningful ground threat materialized. There is also little evidence that Slobodan Milosevic perceived NATO was seeking to generate a threat of invasion. Accordingly, this is an unusual case of a significant military campaign that led to a successful outcome relying on air power alone. NATO did not plan for the campaign to last as long as it did, nor were plans in place that would have guaranteed the Western alliance’s desired outcome. Nevertheless, the campaign achieved NATO’s primary goals. It thus represents an example of a purely coercive military strategy leading to a successful result.
Chapter 8 looks at an Article 36 review of autonomous weapons systems. Having first addressed the progress of debates about potential future regulation of such systems at the international level, it delineates the notions of autonomy, artificial intelligence and learning systems. The chapter shows that military capabilities underpinned by machine learning and deep learning technologies require a new understanding of how provisions of targeting law can be meaningfully translated to the context of autonomous systems and examined in the framework of Article 36. It also demonstrates that determining the novel character of learning autonomous capabilities to ensure timely provision of legal advice, gaining assurance of complex adaptive systems’ performance accuracy and reliability, or identifying a set of requisite control measures, are all issues that ‘traditional’ weapons reviews do not have to grapple with at all, or at least not to the same extent. [143 words]
Chapter 9 focuses on an Article 36 review of (autonomous) cyber capabilities. As in the case of autonomous weapons systems, the most burning questions for a weapons review in the cyber context remain: How to meaningfully incorporate advice on the law of targeting as part of the weapons review? How to determine when a given capability is ‘new’ for review purposes and when to initiate a review? How and when can testing and evaluation processes meaningfully inform the review outcome? Furthermore, some challenges distinct to cyber capabilities also exist. Most importantly, cyber capabilities test the underlying assumptions of the law of armed conflict. The effects of their use may be more deleterious than the consequences produced by traditional weaponry, and yet they may fall outside the legal review requirement because the effects produced do not constitute an ‘attack’ in its conventional interpretation. [142 words]