Transnationally networked armed conflict. Associate Professor Greg Rose
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1 Transnationally networked armed conflict Associate Professor Greg Rose
2
3 Politics, Crime or War? Armed attacks as Politics No problem! Apply laws of asylum
4 Politics, Crime or War? Crime Enforce domestic law War International law enforcement cooperation Armed conflict Apply Geneva Conventions, human rights, etc.
5 War on Terror?
6 Proposition Development in international law Hybridise policing and military legal procedure
7 Premises In international law transnational paramilitary attacks by private groups should be illegal = New area of international i law Combating transnational organised political violence
8 Armed political attack as Crime Law enforcement typology Common violent crime with contextual elements of Unconventional armed conflict - Dulmatin - Densus 88
9 International legal cooperation No comprehensive definition of terrorism UN treaties Hijacking aircraft Attacks against civil aircraft and airports Attacks against ships and platforms at sea Attacks on persons and hostage taking Bombing public places Financing terrorism Nuclear terrorism
10 State agency roles Libyan Lockerbie bombing Hostile act? UN Security Council sanctions Individual responsibility
11 States & Agents - dual accountability National responsibility Personal culpability Lockerbie Rainbow W i International law Libya sanctions France apology National law Megrahi trial Mafart & Prieur trial Warrior apology Prieur trial World Trade Afghanistan Moussawi Centre conflict trial
12 Paramilitaries as State proxies State sponsorship Deniability of Dual accountability? Al Qaeda - Afghanistan Hizballah - Iran PFLP-GC - Syria
13 Internationalised armed response International mandate Peace and security Joint UNSC operations Humanitarian interventions Legitimacy of unilateral actions? Self defence Authorised self defence Automatic self defence
14 Asymmetrical armed conflict Foreign interventions Failing states Somalia Humanitarian i Kosovo Self defence Afghanistan, Symmetrical laws Eurocentric Self interested logic Asymmetrical tactics Kidnapping & hostage taking Market and mosque bombs Humanitarian targeting Grotesque spectacles
15 Politics by other means Politics War Law Legitimacy contested: mandate norms tactics manipulations perceptions..
16 Legal Asymmetry in war Logic of military inequality Non-reciprocal expectations Legal pluralism Abu Ghraib
17 Strategic asset: legitimacy perception Ambo.mp4
18 3 Law of War principles Necessity How to defend against transboundary informal attack? Proportionality Distinction What is proportionate in urban warfare? How to distinguish civilians?
19 Laws of War questions Necessity Rescue prisoners? Costly, feasible?
20 Laws of War questions Distinction Voluntary civilian shields Rosemarie Gillespie Port Kembla Involuntary civilian shields Sri Lankan Tamils LTTE lays 8000 mines.mp4
21 Laws of War questions Proportionality Afghan& Pakistan strikes Intelligence, high value targets, collateral deaths?
22 Stakeholders in Lawfare News & entertainment CNN National audience We the people Armed forces Legal officers Paramilitaries PsyOps Partisans Al Haq
23 Elite Lawfare fighters Int. human rights law Amnesty Int. HR Watch UN HR Council Int. humanitarian law International Committee Red Cross Int. criminal law International Criminal Court
24 Legitimacy contested Mandates & norms Strategies & tactics Morale & perceptions
25 Clarify application of law Legitimacy for troops Confidence, certainty Hybridise police & military procedure Minimum standards Security detention of insurgents
26 Laws of War questions - Detention Detention Handling Transfer Release Rehabilitation Recidivism Jurisdiction Evidence Defence advocacy Decision National legal practices Copenhagen Process Geneva Protocol IV
27 Associate Professor Greg Rose g grose@uow.edu.au
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