Humanitarian Operations and Operational Law: New 'Hoopla' for the Commander

摘要

THE DISAPPEARANCE OF A LARGE CONVENTIONAL MILITARY THREAT, COUPLED WITHOPERATIONS IN AREAS WHERE THE MOST PREVALENT THREATS TO HUMAN LIFE ERUPT FROM WITHIN, RATHER THAN BETWEEN EXISTING STATES, HAS RESULTED IN MILITARY OPERATIONS THAT DO NOT FIT WITHIN PREVIOUSLY RECOGNIZED CATEGORIES OF INTERNATIONAL ARMED CONFLICTS. MOREOVER, THERE IS AN INCREASING TENDENCY TO BLUR THE DICHOTOMY BETWEEN INTERNATIONAL AND INTERNAL ARMED CONFLICTS, AND THE DISTINCTION BETWEEN THE LAW OF WAR AND HUMAN RIGHTS LAW. CLARITY OF THESE TERMS AND LEGAL PRINCIPLES IS REQUIRED TO CORRECTLY DETERMINE THE CONSTRAINTS APPLICABLE TO CONTEMPORARY MILITARY OPERATIONS. THIS PAPER REVIEWS THE LAW OF WAR AND HUMAN RIGHTS LAW, AND CONCLUDES WITH AN EXAMINATION OF HUMANITARIAN OPERATIONS-OPERATIONAL LAW AND ITS IMPACT ON THE COMMANDER.