Publications by Year: 2012

2012
Sven Peterke. 10/2012. "Regulating 'Drugs Wars' and Other Gray Zone Conflicts: Formal and Functional Approaches," Humanitarian Action in Situations Other Than Way, Discussion Paper 2.Abstract

Academic debate on whether so-called “drug wars” can be classified as “armed conflicts” is more than just semantic. Indeed, the official designation of a situation as an armed conflict carries with it attendant rights and obligations applicable to states and non-state actors alike. The legal regime regulating armed conflicts is referred to as International Humanitarian Law (IHL). Some social scientists fail to understand that the debate on the applicability of IHL to “drug wars” is only marginally influenced by the broader discussions on “new wars” and “fourth generation warfare”. This article considers the principal international legal approaches to engaging with ostensibly new types of organized violence. It reviews historical progress with respect to the regulation of so-called “non-international armed conflicts” and considers the track record to date. The paper finds that the “formal approach”, based as it is on the cautious development of IHL´s existing legal basis, failed to offer a satisfying degree of legal certainty. The paper also notes how an alternative set of approaches is emerging - referred to here as “functional approaches”. The paper shows that this new generation of strategies could potentially complement the formal approach by offering alternative means of effectively regulating “drug wars” and other gray zone conflicts.

regulating-drugs-wars-2012.pdf
Rob Grace and Claude Bruderlein. 7/2012. “On Monitoring, Reporting, and Fact-finding Mechanisms ”.Abstract

A simple glance at recent news headlines reveals the growing prevalence of international missions tasked to monitor and report on potential violations of international law.  In the past few months alone, the United Nations (UN) dispatched a team to monitor the ceasefire in Syria, and the United Nations Human Rights Council (UNHRC) mandated a commission of inquiry to examine Israeli settlements in the West Bank, extended the mandate of the International Commission of Inquiry on Syria, and mandated a new Special Rapporteur on human rights and the environment.  These missions are part of a rapidly growing trend.  The international community — imbued, since the end of the Cold War, with a new sense of responsibility for international legal accountability and civilian protection — has increasingly employed monitoring, reporting, and fact-finding (MRF) mechanisms to collect information on the vulnerabilities of civilian populations and investigate potential violations of international law.

on-monitoring-reporting.pdf
Harvard Humanitarian Initiative. 7/2012. Making the World a Witness: Report on the Pilot Phase.Abstract

The Satellite Sentinel Project, or SSP, has released a report on the pilot phase which began in December 2010 and concluded 1 June 2012. This report contains highlights over the past 18 months including a summary of operations, and satellite imagery. With the completion of the pilot phase of SSP on 1 June 2012, the Harvard Humanitarian Initiative (HHI) concluded its participation in SSP. HHI has transitioned out of SSP, launching the Signal Program on Human Security and Technology with the aim of establishing the first codified technical standards and professional ethics for crisis mapping.

making-the-world-a-witness.pdf
Program Humanitarian Policy Conflict on and Research. 6/2012. “Annotated Bibliography - Human Rights and Armed Conflict”.Abstract

In line with its mission to engage in critical examination of humanitarian and conflict policy, HPCR undertakes a variety of academic and research initiatives to identify significant developments in Humanitarian and Human Right Law. As part of this research, in 2010 HPCR established a thematic working group on IHL and IHRL. This working group was comprised of senior level practitioners from both the humanitarian assistance sector and the military. While not comprehensive, this document seeks to provide key jurisprudence and doctrine in both the humanitarian and human rights fields. 

human_rights_and_armed_conflict_annotated_bibliography.pdf
HPCR Thematic Working Group Islamic Law Protection on and of Civilians. 6/2012. “Annotated Bibliography - Islamic Law and the Protection of Civilians ”.Abstract

In line with its mission to advance effective strategies for the protection of civilians during armed conflict, HPCR undertakes a variety of academic and research initiatives to identify the political, economic, and cultural factors that affect the conduct of hostilities and ultimately shape the development of humanitarian law and policy. As part of these initiatives, in 2009, HPCR established a Thematic Working Group on Islamic Law and Protection of Civilians. This Working Group was comprised of legal experts and practitioners working in the humanitarian sphere and associated fields. While not comprehensive, this document seeks to provide a summary of information and analyses concerning Islamic law and its relationship with international law and the regulation of armed conflict.

annotated_bibliography_-_islamic_law_and_protection_of_civilians.pdf
Program Humanitarian Policy Conflict on and Research. 6/2012. Countering Terror in Humanitarian Crises: The Challenges of Delivering Aid to Somalia.Abstract

In the post-9/11 era, humanitarian organizations face a growing dilemma regarding access to vulnerable groups in internal conflicts. On the one hand, international actors have increasingly recognized the importance of engaging with non-state armed groups (NSAGs) to ensure the timely delivery of humanitarian assistance in crisis-affected territories. On the other hand, in recent years, political and policy actors operating at domestic, regional, and international levels have pursued security policies and enacted laws geared toward curbing relationships with NSAGs accused of executing acts of terrorism.

somalia_6-30-12_final.pdf
Ronak B. Patel, David Alejandro Schoeller-Diaz, Victoria-Alicia Lopez, and John Joseph “Ian” Kelly IV. 6/2012. Hope in the Face of Displacement and Rapid Urbanization.Abstract
This study seeks to offer a practical examination of resilience in complex urban landscapes for the academic community and humanitarian actors at the local and international levels. Distrito de Aguablanca (Cali, Colombia), a complex settlement area with some 600,000 residents, functions as a case study in human security and resilience that can inform public policy and community level decision making in especially difficult humanitarian environments, with sociopolitical volatility, large populations of internally displaced persons, and high crime and violence rates.
hope_in_the_face_of_displacement_and_rapid_urbanization-hhi.pdf
Rob Grace and Claude Bruderlein. 4/2012. Building Effective Monitoring, Reporting, and Fact-Finding Mechanisms .Abstract

In recent decades, the international community has exhibited an increased devotion to civilian protection and promotion of international legal accountability. To activate this sense of responsibility, during armed conflicts and internal disturbances, international actors have created numerous monitoring, reporting, and fact-finding (MRF) mechanisms to investigate potential violations of international law. But the academic and policy communities have not kept pace with the growing importance of these mechanisms, and MRF practitioners frequently suffer from a paucity of sufficient guidance. As a step toward filling this research gap, this article presents an in-depth examination of MRF mechanisms. The article first presents an analytical framework that examines key distinctions between different MRF activities and presents guiding principles applicable to all MRF mechanism types. Examining past MRF practice through the lens of this framework, the article then explores the process of creating MRF mechanisms. The article concludes by sketching possible next steps for the MRF community to build on this research foundation and develop standards for more effective MRF implementation.

hpcr-building_effective_monitoringreporting.pdf
Harvard Humanitarian Initiative. 4/2012. Escalation: Evidence of SAF and SPLA Combat Operations.Abstract

The Satellite Sentinel Project (SSP) has confirmed through the Harvard Humanitarian Initiative’s analysis of DigitalGlobe satellite imagery that Sudan Armed Forces (SAF) have deployed a significantly increased number of combat capable air assets within range of South Sudan’s border and territory. SSP has documented evidence consistent with reported aerial bombardment in close proximity to a strategic bridge located in Unity State, South Sudan. SAF spokesman al-Sawarmi Khaled Saad denied Sudan’s involvement in the bombings.

escalation.pdf
Harvard Humanitarian Initiative. 4/2012. Pipeline: Evidence of the Destruction of Key Oil Infrastructure .Abstract

The Satellite Sentinel Project (SSP), through the Harvard Humanitarian Initiative’s analysis of DigitalGlobe satellite imagery captured 15 April 2012, has found evidence of the destruction of key oil pipeline infrastructure in Heglig, South Kordofan, Sudan. SSP has also found cratering consistent with bombardment of some form visible in close proximity to nearby oil pipeline and oil production facilities. SSP cannot make a determination based on the evidence currently available as to either who destroyed the object consistent with an oil.

pipeline.pdf
Jocelyn Kelly and Alejandra Azuero Quijano. 4/2012. “A Tale of Two Conflicts: an Unexpected Reading of Sexual Violence in Conflict through the Cases of Colombia and Democratic Republic of the Congo .” In Understanding and Proving International Sex Crimes, Pp. 437-493. Torkel Opsahl Academic EPublisher.Abstract

The Democratic Republic of the Congo (‘DRC’) has been called “the rape capital of the world” while Colombia was known in the late 1990s as “the murder capital of the world”. What do these capitals of crime have in common? Both countries have been plagued by conflict-related violence, including sexual violence. This chapter will serve as a comparative study to explore how such different cases – situated at difference points on the spectrum in terms of prevalence and attention received – are still described using the same narrative language.

a-tale-of-two-conflicts.pdf
Jocelyn Kelly and Lindsay Branham. 3/2012. “Engaging African Voices on Kony .” The New York TImes.Abstract

A critical perspective has been missing from the conversation resulting from the Kony 2012 campaign: that of those currently living in Lord’s Resistance Army (LRA) affected areas.The voices of affected individuals and communities should be at the center of this swelling chorus of opinions . If they were, perhaps the clamor of criticism could quiet long enough to hear what is being asked of humanitarians, academics, policy makers, and global citizens.

engaging-african-voices-on-kony.pdf
Jocelyn Kelly and Lindsay Branham. 3/2012. “Engaging African Voices on Kony .” The New York TImes.Abstract

A critical perspective has been missing from the conversation resulting from the Kony 2012 campaign: that of those currently living in Lord’s Resistance Army (LRA) affected areas.The voices of affected individuals and communities should be at the center of this swelling chorus of opinions . If they were, perhaps the clamor of criticism could quiet long enough to hear what is being asked of humanitarians, academics, policy makers, and global citizens.

engaging-african-voices-on-kony.pdf
Harvard Humanitarian Initiative. 3/2012. Impact: Indiscriminate Bombardment by a SAF Antonov, South Kordofan, Sudan .Abstract
The The , through Harvard Humanitarian Initiative’s analysis of DigitalGlobe satellite imagery, has collected evidence consistent with apparent indiscriminate aerial bombardment in progress by the Sudan Armed Forces (SAF) in South Kordofan, Sudan. The indiscriminate targeting of civilian populations and infrastructure can constitute a war crime under international law. Plumes of grey smoke can be seen rising from the ground at two separate locations north of the village of Angarto, South Kordofan on 8 March 2012. One plume is visible 600 meters north and the other plume is visible 1.6 km/ 1 mi north of Angarto. In a second image captured six minutes later, fire is visible at one of the apparent impact sites.
impact-indiscriminate-bombardment.pdf
Laura M. Janneck, Ronak B. Patel, Shada A. Rouhani, and Frederick M. Burkle Jr. 3/2012. “Toward Guidelines for Humanitarian Standards and Operations in Urban Settings .” Prehospital and Disaster Medicine. Read PublicationAbstract

Rapid urbanization represents the most significant demographic change of the twenty-first century. 2008 marked the first time in human history that over half of the world population lived in urban settings. The process of urbanization, fueled by economic and social foreces, has particularly accelerated in countries in the Global South. By the year 2050, it is predicted that 70% of the world's population will live in urban settings. 

Not On Our Watch, The Enough Project, Google, DigitalGlobe, Harvard Humanitarian Initiative, and LLC Trellon. 1/2012. Chokepoint: Evidence of SAF Control of Refugee Route to South Sudan .Abstract

Satellite Sentinel Project (SSP), through HHI’s analysis of DigitalGlobe satellite imagery, has confirmed that at least a battalion sized unit of Sudan Armed Forces (SAF) appear to control the main route civilians reportedly use to flee South Kordofan for Yida refugee camp. The interior of the apparent base, which is located in the town of Toroge, contains objects consistent with 80 to 90 tent-like structures, infantry fighting vehicles (IFVs), artillery, and heavy armor vehicles, which appear to be main battle tanks. In Siege: Evidence of SAF Encirclement of the Kauda Valley released 25 January 2012, SSP reported that the SAF had restricted access to the road leading towards South Sudan from South Kordofan. The imagery in this report specifically identifies a new fortified chokepoint along that road under apparent SAF control, which was established sometime after 23 November 2011.

chokepoint-evidence-of-saf-control.pdf
Harvard Humanitarian Initiative. 1/2012. Siege: Evidence of SAF Encirclement of the Kauda Valley .Abstract

Based on the totality of the evidence presented in this report, the Satellite Sentinel Project (SSP) is issuing a human security alert for the Nuba Mountains region of South Kordofan, including the Kauda Valley. A human security alert is issued by SSP when evidence is collected indicating any of the following: a build-up of forces and/or an enhancement of infrastructure and logistical capabilities indicating either the intent and/or the ability of an armed actor to restrict civilian freedom of movement, detain or displace civilians, and/or attack civilian targets.

seige-evidence-of-saf-encirclement.pdf