Dehumanising trends in Humanitarian Law: the breach of the obligation to protect medical units. Violations of IHL during the war in Ukraine

On July 8th 2024, the Okhmatdyt Children’s Hospital in Kyiv suffered an airstrike that killed at least 42 civilians, five of them children, and injured at least 190 (HRW, 2024). The hospital was hit during a wave of Russian Federation missile attacks on different cities in Ukraine (UNSC, 2024). Since Russia’s full-scale invasion, Ukraine has sustained at least 9,560 civilian casualties, and 21,450 more injuries, including 1,796 children (594 killed and 1202 injured) (HRW, 2024). The Russian Federation claims that it was an accident, going so far as to declare that: “claims about a deliberate Russian strike on civilian targets in Kyiv are not true. The destruction was caused by the fall of a Ukrainian air defence missile [...] If this were a Russian strike, there would have been nothing left of the building and all the children would have been killed and not wounded”, as stated in the United Nations Security Council (UNSC) meeting the day after the attack (UNSC, 2024). This is one aggression in a long list of strikes on hospitals and medical facilities, which are places that enjoy a special regime of protection within International Humanitarian Law (IHL). This paper explores the norms that protect these spaces and the people inside them, aiming to shed light on a worrying trend of unlawful warfare. Firstly, the 1949 Geneva Conventions and the 1977 Additional Protocols are examined, with Article 14 of the IV Geneva Conventions as the backbone foundation upon which the legal protection is built. Secondly, an account of the prohibition of attacks on hospitals and safety zones is explored, which proposes different options in which this breach of IHL could be prosecuted. Lastly, this article briefly oversees the international community’s response to the aforementioned attack and compares it to other conflicts in which similar attacks have occurred.

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Intelligence Sharing in the EU: Legal Implications and the Role of the European Union Military Staff

The term intelligence refers to the process of collecting, analysing, evaluating, and presenting information to decision-makers to prevent tactical or strategic disruptions (Şeniz, 2015). Specifically, military intelligence is a component of intelligence with its own rules, procedures and intelligence tools. It refers to military threats, armed violence and military operations involving States and non-state actors in traditional armed conflicts as well as in asymmetric warfare. Intelligence has long been part of tactical and operational command and control in order to reduce the uncertainties of the battlefield, which Carl von Clausewitz referred to as the “fog of war”, and to assist military decision-makers in making effective decisions. Intelligence was initially conceived to provide information and analysis to assist the commander in making more effective decisions during conflicts (Rolington, 2013). Nowadays, military intelligence aims to study potential or actual adversaries and identify the risks or dangers in operational areas. Primarily, it aims to support the chain of command at strategic, operational and tactical levels, involving both political institutions and military staff. Military intelligence in the EU is linked to the Common Defence and Security Policy (CSDP) and reflects the ideological construction of the EU’s identity and international action (Gruszczak, 2023).

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The Future of European Deterrence: a Three-Pillar Approach for Advancing Capability Development and Interoperability

On 24 February 2022, when Russia started its full-scale invasion of Ukraine, Europe experienced an apparent fog-clearing moment. (Besch & Quencez, 2022). For several years, the European Security debate followed a caricatured binary opposition between the US-led transatlantic security and the need for EU autonomy as a geopolitical power, partly motivated by the notion of an imminent US retreat from Europe (Tocci, 2021). Now, while the war (temporarily) restored general confidence in American commitment to European security, it also revealed how dependent European states are on the US for their defence (Puglierin, 2024). As a result, after more than two years of conflict, the subjects of the binary intellectual confrontation have emerged with more defined roles: NATO has reaffirmed its prerogative in conventional deterrence, while the EU has given proof of its crisis management abilities, primarily through financial tools (Weber, 2023). Accepting the transatlantic partnership as the sole and definitive European deterrence strategy is imprudent and short-sighted. The US’ shifting priorities and waning leadership require Europe to decide on a path forward to more strategic responsibility. Among the priorities, an increased commitment to NATO is imperative – especially with a Republican in the White House. At the same time, efforts must be made to reconsider the US national commitment and investments in European deterrence, as well as the role of the EU and its initiatives.

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Natural and Artificial Intelligence in Armed Conflict: Exploring Settled and Open Legal Questions with Dustin A. Lewis

Based in The Hague, the T.M.C. Asser Instituut is a distinguished organization funded in 1965 that conducts independent, policy-oriented research in International and European law. The centre promotes expertise through different initiatives, including two noteworthy lecture series, “Designing International Law and Ethics into Military and Artificial Intelligence” (DILEMA), and “Hague Initiative for Law and Armed Conflict” (HILAC). At the intersection of the two educational programs, on Thursday July 11th, researcher Dustin A. Lewis gave a lecture on ‘Natural and artificial intelligence in armed conflict’. The DILEMA-HILAC lecture, held by Dustin A. Lewis, explored and analysed fundamental settled and open legal questions related to natural and artificial intelligence in armed conflict. Dustin A. Lewis is the current Research Director of the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), as well as an Associate Senior Researcher in the Governance of Artificial Intelligence Program at the Stockholm International Peace Research Institute (SIPRI). On Thursday’s lecture, the researcher presented a wide range of potential applications of artificial intelligence (AI) in the military domain, exploring the legal relationship between natural and artificial intelligence in armed conflict. In a timely discussion, Mr. Lewis reflected on the need for regulations concerning the military use of AI, States’ legal obligations and the importance of accountability.

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UN-Backed Kenyan Intervention Begins amidst Haiti’s Escalating Instability

On June 25, 2024, the first wave of 200 Kenyan police officers arrived in Port-au-Prince as a part of a United Nations-backed Multidimensional Security Support (MSS) mission to help combat gang violence and restore stability within a year (Coto & Sanon, 2024). These officers, that were joined by another 200 Kenyan police officers on July 16, (AFP - Agence France Presse, 2024), work in close cooperation with Haitian police to fight gangs and regain control over crucial infrastructure such as airports, hospitals and ports (Cotrino, 2024). Other teams of officers from Chile, Jamaica, Grenada, Paraguay, Burundi, Chad, Nigeria and Mauritius will join the Kenyan and Haitian police effort (Ombati, 2024). This intervention marks the fourth extensive foreign military intervention in the country and provoked mixed reactions since the previous UN mission, MINUSTAH, was tainted by sexual assault allegations and the cholera outbreak that resulted in the death of 10.000 people (Coto & Sanon, 2024).

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