Emanuela-Chiara Gillard

“Safe areas”: The international legal framework

Author: Emanuela-Chiara Gillard DOI: https://doi.org/10.1017/S1816383118000474 Full article: PDF Published online: 12 February 2019 Abstract: In recent years there have been repeated calls for the establishment of so-called “safe areas” to protect civilians from the effects of hostilities in a number of contexts. The present article presents the international law framework relevant to the establishment and operation of such […]

Chatham House Report on Proportionality in the Conduct of Hostilities — Some Key Elements

Cross-posted from EJIL:Talk! At the end of 2018, the International Law Program at Chatham House published a report analyzing the key steps in making assessments about proportionality under international humanitarian law, with a particular focus on incidental harm. The rule of proportionality as formulated in Article 51 of Additional Protocol I of 1977 (AP I) requires belligerents […]

Not by International Criminal Tribunals Alone – Options for Pursuing Accountability for Violations of International Humanitarian Law

Numerous possible approaches exist for promoting compliance with international humanitarian law (IHL), ranging from dissemination and training, to “naming and shaming” violating parties, individual criminal responsibility, state responsibility, targeted sanctions, as well as engaging with the violating party to assist it to remedy its wrongdoing. All possible approaches must be considered. There is no single […]