Working Papers

Fast Talk Report, On the Edges of Conflict: Examining Emerging Issues in Armed Conflict (PDF, 322kb), February 2008

This report outlines the findings of a Fast Talk consultative process conducted by the Canadian Red Cross with the support of the Liu Institute for Global Issues.  The goal of this process was to examine the changed and changing nature of conflict and assess its impact on humanitarian and other actors.  The Fast Talk also explored the gaps within and dilemmas posed by the current international humanitarian law (IHL) framework, and its potential disconnect with the realities of conflict on the ground.  This research process will inform and shape the agenda for a policy conference on emerging conflict issues that will take place in early 2009.

Sylvain Beauchamp, Defining the Humanitarian Space through Public International Law (383kb), March 2008

The complexity of today’s humanitarian assistance delivery is phenomenal. These days, humanitarian assistance is delivered not only by humanitarian organizations but also by political and military actors. From the perspective of non-governmental organizations, there is a correlation between the increased politicization and militarization of humanitarian aid and the decreasing security of relief personnel. In this context of a shrinking humanitarian space, this paper examines the extent to which public international law and historical references can assist in clarifying the concept of “humanitarian space”. The paper argues that while the independence of humanitarian action must be protected, the traditional divide between humanitarian aid, reconstruction and international development may be too rigid in today’s world. In addition, the concept of humanitarian space might be inadequate in situations when aid must be delivered in mixed situations of armed conflicts and natural disaster, and require humanitarian, reconstruction and development components.

Carlos Iván Fuentes, The Applicability of International Humanitarian Law to Situations of Urban Violence: Are Cities turning into War Zones? (PDF, 385kb) February 2008

Cities have always experienced a degree of violence that radically differs from that of rural areas. While cities become more populated and social problems become more complex, the population faces increasing levels of violence. For example, in the last five years, there were over 20,000 gang-related murders in Guatemala. In Brazil alone, more than 100 people are killed by guns every day. This paper examines the legal regimes that regulate these new urban realities. It argues that international humanitarian law might not be the appropriate regime to provide protection as it tends to legitimize violence. However, can domestic law enforcement regimes and human rights adequately prevent the suffering of innocent victims and the recruitment of children into organized gangs? The paper suggests that the Inter-American System of Human Rights might provide some answers. 

Frédéric Mégret, The Debate on Non-Lethal Weapons: Why Kill and Wound at All? (PDF, 386kb) March 2008

Modern warfare has seen a significant increase in civilian casualties, especially in urban settings.  The emergence over the last decade of the debate on non-lethal weapons (NLWs) has given rise to partial and contradictory responses.  NLWs might present a way of mitigating the harm done to both civilians and combatants. This paper explores whether conditions might emerge where NLWs become the norm thus changing the nature of warfare or, in other words, where war changes to the point of allowing greater use of NLWs.  The idea that war could be waged without killing, wounding or hurting combatants is in a sense the last taboo of IHL. This paper argues that if weapons are to be used at all, then – all other things being equal – non-lethal ones might as well be used. 

Benjamin Perrin, Humanitarian Assistance and the Private Security Debate: An International Humanitarian Law Perspective (PDF, 471kb), March 2008

The changing nature of armed conflict has had a dramatic impact on the security risks facing humanitarian personnel. Historically, the safety of humanitarian aid delivery was secured through the consent of the relevant parties to the conflict. New conflicts have fundamentally challenged this traditional security paradigm. The debate over armed protection that has sharply divided the humanitarian community is explored in this paper. Tensions between the safe and efficient delivery of aid, and principles of impartiality, neutrality and independence are discussed. The paper examines two questions: is the protected status of humanitarian personnel under international humanitarian law suspended or lost if they use armed private security contractors; and, is humanitarian access to provide relief legally affected by the decision to hire a private security company for armed protection of relief consignments?

Sophie Rondeau, The Pragmatic Weight of Reciprocity: Auto-Regulation in the Context of International Humanitarian Law (PDF, 309kb), March 2008

Contemporary armed conflict is often characterized by non-state actors and asymmetrical warfare.  When deterrence, threat of criminal liability and principles of humanity do not create a counterbalance to military tactics that endanger civilians and hors de combats, can reciprocity generate greater compliance with international humanitarian law (IHL), especially in internal conflicts? This paper evaluates the validity and legality of arguments that could be invoked by parties to armed conflicts. A historical and legal analysis reveals that IHL has evolved away from the “contractual-like” model of reciprocity. Although reciprocity is no longer the legal foundation of IHL, it may have a practical application for enticing non-state actors to follow the rules. Reciprocity in the conduct of hostilities, however, can lead to a slippery slope. Education and reinforcing the values underpinning IHL are essential to prevent breaches.

Posted March 19, 2008