Remarks By Louise Doswald-Beck

Specially-Affected States and the Formation of Custom

“…282 As for the specially-affected states-a sizable category, as it includes all states that have participated in international armed conflict-it is highly likely that the vast majority support prohibiting belligerent reprisals against civilians in IACs. Many of the states that have participated in IACs voted in favor of Resolution 2675 and/or have ratified AP I, and a number of states that ratified AP I while entering reservations regarding civilian reprisals have subsequently affirmed their illegality-a group that includes France, Germany, and Egypt, 283 as well as India. 284 Indeed, based on her analysis of state practice, Doswald-Beck concludes that, "[p]utting aside .…”

New Technologies and the Law of Armed Conflict

“…66 The law requires that a blockade be declared and notified to all states and that it be effective at preventing access to those ports in order to be lawful (a measure designed to stop the declaration of blockades that could never be enforced). 68 Importantly a blockade is prohibited if its purpose is to starve the civilian population or deny it other objects essential for its survival or if it is expected to cause damage to the civilian population which is excessive to the military advantage anticipated. 68 Importantly a blockade is prohibited if its purpose is to starve the civilian population or deny it other objects essential for its survival or if it is expected to cause damage to the civilian population which is excessive to the military advantage anticipated.…”

“…There is also the Hague Code of Conduct against Ballistic Missile Proliferation, 63 under which subscribing states are politically, not legally, bound to provide transparency in respect of ballistic missiles and space-launch vehicles, including policies, sites, the missiles and vehicles themselves as well as pre-launch notification, and to refrain from providing assistance to other states in the development of ballistic missiles. 68 The General Assembly has repeatedly called on the Conference on Disarmament to establish a working group to negotiate further measures for PAROS. 64 A similar sentiment was recently expressed in the UN Security Council Resolution 2087, which for the first time expressly referred to space law in a security context.…”

“…73 These two 68 For the latest General Assembly PAROS resolution, see, GA Res 67/30 (11 December 2012), paras 2 and 3. The latter has more recently been endorsed by non-EU states such as the US and Australia as a draft for negotiation of a final text, to be known as the International Code of Conduct for Outer Space Activities (ICOC).…”

A Critical Assessment of Using Children to Participate Actively in Hostilities in Lubanga Child Soldiers and Direct Participation

“…in 1998. 154 As noted above, the definition of Ôactive' participation in hostilities within the established framework of IHL in 1998 was the same as that of direct participation.…”