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Forthcoming

Forthcoming

Forthcoming

Children associated with terrorist groups in the context of the legal framework for child soldiers

1. Introduction The high profile case of nineteen-year-old Shamima Begum, who ran away from her home in London when she was fifteen to join the Islamic State (IS) in Syria and was discovered, heavily pregnant, in a camp for internally displaced persons in early 2019, refocused attention on the issue of children who join terrorist...

Children in conflicts as victims and perpetrators? Reassessing the debate on child soldiers in light of the involvement of children with terrorist groups

Introduced by Giulio Bartolini and Marco Pertile   The issue of child soldiers and, in more general terms, of the involvement of children in conflicts has been the object of broad interest in the academic debate over time, especially from the perspective of international humanitarian law, human rights law, and international criminal law.[1] Suffice it...

The ICRC’s ‘support-based approach’: A suitable but incomplete theory

1. Introduction The International Committee of the Red Cross (ICRC) recently developed a new theory, entitled ‘support-based approach’, which deals with foreign interventions by ‘one or more States, a coalition of States or an international or regional organization’[1] in a pre-existing non-international armed conflict (NIAC) in support to one of the parties to this conflict.[2]...

Which role for hybrid entities involved in multi-parties NIACs? Applying the ICRC’s support-based approach to the armed conflict in Mali

1. Introduction Over the last few years, especially in the context of non-international armed conflicts (NIACs), ‘hybrid’ actors have increasingly come on stage fighting alongside more traditional ones and thus adding further complexity to the analysis of the situation. In light of the interdependent relationship between the qualification of the parties to a conflict and...

Some thoughts on the ICRC Support Based Approach

1. Introduction In a recent article posted on this Zoom in, Raphael van Steenberghe and Pauline Lesaffre offer some insights on the ICRC Support Based Approach (SBA) developed by Tristan Ferraro and subsequently adopted by the ICRC.[1] This short commentary is intended to provide some feedback on both the ICRC position and the criticism and...

The qualification of armed conflicts and the ‘Support-Based Approach’: Time for an appraisal

Introduced by Giulio Bartolini and Marco Pertile   Foreign intervention in armed conflicts continues to generate legal challenges, as emphasized by the recurring debates on the lawfulness and the limits, under ius ad bellum parameters, of interventions supporting local governments involved in non-international armed conflicts.[1] Still, also from a ius in bello perspective, these scenarios...

The Global Compact for Safe, Orderly and Regular Migration: What is its contribution to International Migration Law?

1. Introduction The recent endorsement by the United Nations General Assembly of the Global Compact for Safe, Orderly and Regular Migration (Global Compact on Migration or GCM)[1] has been the subject of extensive political debate at both the national and international level. This significant public attention is undoubtedly due to the importance that migration policies...

The Global Compact and national legislation: quid iuris?

1. Introduction With regard to the possible approaches of national legislation to its ongoing process of refinement, the Global Compact for safe, orderly and regular migration[1] raises a number of questions: a) The first question concerns the relationship between Government and Parliament: what role can the two institutions play, and what role have they in...

The Global Compact for Safe, Orderly and Regular Migration: What legal impact will it have on International and Italian Law?

Introduced by Francesca De Vittor    On September 19, 2016, the United Nations General Assembly unanimously adopted the New York Declaration for Refugees and Migrants,[1] as the outcome document of the first UN high-level summit addressing large movements of refugees and migrants. The Declaration recognised that ‘refugees and migrants have the same universal human rights...