The United Nations (UN) has operated a longstanding peacekeeping mission in the Democratic Republic of the Congo (DRC), while simultaneously contributing to rule-of-law building and transitional justice processes. Sexual violence is widespread in the DRC including routine allegations against UN peacekeepers. The operation of numerous legal systems and judicial mechanisms in the DRC produces a legally plural environment that is difficult for survivors of sexual and gender-based violence to navigate, and this is especially true for survivors of peacekeeper-perpetrated sexual exploitation and abuse (SEA). In this paper, we explore justice-seeking among SEA survivors in the DRC and the challenges imposed by the complicated jurisdictions and layered legalities pertaining to SEA. Moreover, we argue that, beyond barriers to justice, we see a recession of justice for SEA produced by the United Nations and member states positioning SEA as distinct from other forms of gender-based harms and exacerbated through the legal navigational challenges faced by survivors.

This article analyzes the main investigative and legal challenges addressed by the Acknowledgment Chamber of the Colombian Special Jurisdiction for Peace (SJP) in Case 07 on recruitment and use of children in the armed conflict. First, it presents a general background on the mandate of the SJP as a special system of justice – the outcome of the 2016 Final Peace Agreement reached between the Colombian government and the former FARC-EP guerrilla group. Second, it outlines how the investigative methodology used in Case 07 addressed challenges related to understanding child recruitment as a complex criminal phenomenon, the identification of those bearing the greatest responsibility, and the approach to the broad scale and scope of the victimization. Finally, the article addresses the main challenges faced by the Chamber in the legal qualification of the criminal patterns identified, and how it resolved three key issues: the determination of the age threshold under which child recruitment constitutes a war crime, the definitions of the international humanitarian law status of protections of individuals within an armed group, and the classification of different forms of gender-based violence as war crimes.

This case note examines the International Court of Justice’s (ICJ) 2022 reparations judgment in Democratic Republic of the Congo v. Uganda, analyzing the Court’s legal reasoning, its evidentiary approach, and the implications for future reparations cases. The 2022 judgment follows the ICJ’s 2005 ruling that found Uganda responsible for violations of international law during its military intervention in the Democratic Republic of the Congo (DRC). Given the failure of negotiations between the parties, the ICJ determined the amount of reparations owed, awarding a global sum of $325 million – substantially lower than the DRC’s claim. The case addresses complex legal and evidentiary questions, including the causal link between Uganda’s wrongful acts and the damages claimed, the standard and burden of proof for reparations, and categorizing harm. The Court examined four heads of damage, which were damage to persons, damage to property, damage to natural resources and macroeconomic damage, dismissing the latter due to insufficient proof of causation. A key aspect of the judgment was the ICJ’s adoption of a global sum approach – an uncommon approach in the Court’s practice. This case note assesses the lack of clear reasoning and methodology for determining the exact amount awarded for each head of damage.

Additionally, the ICJ’s over-reliance on United Nations reports and its application of standards of proof raise concerns about consistency and clarity in reparations proceedings. This case sets a precedent for State responsibility in mass violations of international law but highlights challenges in quantifying harm and ensuring equitable reparations. The Court’s reasoning and methods in the case may influence future cases involving State responsibility, armed conflicts, and reparative justice under international law.

Over the past quarter-century, the literature on gender, peace, and security has evolved into a substantial interdisciplinary field. In this line of work, researchers have investigated the interplay between state security and women’s security, or how gender equality at the state level affects the occurrence of international and intranational conflict. The conclusion is that more gender-equal countries are less prone to engage in warfare, pointing toward a link between women’s security and national security. Various indicators have been used to capture gender equality in this literature, such as the representation of women in parliamentary roles, the proportion of women participating in the labor force, and school enrollment among girls relative to boys.

The spotted hyaena Crocuta crocuta is relatively understudied across its range despite evidence of widespread declines. It is therefore essential that robust baseline population density assessments are conducted to inform current management and future conservation policy. In Mozambique this is urgent as decades of armed conflict followed by unchecked poaching have resulted in large-scale wildlife declines and extirpations. We conducted the first robust population density estimate for a spotted hyaena population in Mozambique using spatially explicit capture–recapture methodologies. We recorded a relatively low population density of 0.8–2.1 hyaenas/100 km2 in the wildlife management area Coutada 11 in the Zambezi Delta of central Mozambique in 2021. These densities are well below the estimated carrying capacity for the landscape and are comparable to published densities in high human-impact, miombo woodland-dominated and arid environments. The combination of historical armed conflict, marginal trophy hunting and bushmeat poaching using wire snares and gin traps (with physical injuries evident in 9% of identified individuals) presents persistent anthropogenic pressure, limiting the post-war recovery of this resident hyaena population. We provide insights into the dynamics of hyaena population status and recovery in such post-war landscapes, adding to mounting evidence that the species is less resilient to severe anthropogenic disturbances than previously believed. We recommend long-term monitoring of this and other carnivore populations in post-war landscapes to ascertain demographic trends and implement effective conservation interventions for population recovery.

Eva Svoboda worked with the International Committee of the Red Cross (ICRC) from 1999 to 2011 in Kashmir, Sudan, Myanmar, Iraq, East Timor, the Democratic Republic of the Congo and Algeria as Protection Coordinator, Head of Office and Head of Sub-Delegation, as well as Head of Delegation. Prior to joining the ICRC, she worked for the Swiss Development Agency and various non-governmental organizations. From 2012 to 2018 she was a Senior Research Fellow with the Humanitarian Policy Group at the Overseas Development Institute in London. Between 2016 and 2017 she worked as the Senior Expert for Detainees and the Missing at the United Nations (UN) Office of the Special Envoy for Syria.

The discourse of tragedy has significant value in a military context, reminding us of the temptations of hubris, the prevalence of moral dilemmas, and the inescapable limits of foresight. Today, however, this discourse is drawn upon too heavily. Within the tragicized politics of nuclear and drone violence, foreseeable and solvable problems are reconceptualized as intractable dilemmas, and morally accountable agents are reframed as powerless observers. The tragedy discourse, when wrongly applied by policymakers and the media, indulges the very hubris the tragic recognition is intended to caution against. This article clarifies the limits of “tragedy” in the context of military violence and argues for a renewed focus on political responsibility.

International humanitarian law (IHL) provides the normative foundation for efforts to address the issue of missing persons during and after armed conflict. Whilst IHL does not engage with how parties to an armed conflict may go about restoring peace, there has been speculation that resolving the missing issue, by bringing answers to families about the fate and whereabouts of their missing relatives, can potentially play a role in building peace. This article represents an effort to compile existing evidence in academic and practice literature that supports an understanding of how addressing the missing issue relates to peacebuilding. In so doing, the article seeks to lay out a research agenda to understand how addressing the issue of the missing can serve to advance peacebuilding, and proposes avenues for further research.

The Russia-Ukraine war demonstrates the crucial role of technology in modern warfare. The use of digital networks, information infrastructure, space technology, and artificial intelligence has distinct military advantages, but raises challenges as well. This essay focuses on the way it exacerbates a rather familiar challenge: the “civilianization of warfare.” Today's high-technology warfare lowers the threshold for civilian participation in the war effort. A notable example is the widespread use of smartphone apps by Ukrainian civilians, who thereby help the armed forces defend against Russian aggression. Through the lenses of international humanitarian law, conventional just war theory, and revisionist just war theory, this essay evaluates the normative dimensions of such civilian participation. The analysis shows that civilians can lose their legal protections when they use these apps to directly participate in hostilities, and this loss of immunity can be justified by Michael Walzer's conventional just war theory. Revisionism, however, puts the justness of the war at the forefront, and so sheds doubt on the moral liability of Ukrainian civilians. Considering the broader implications, including the blurring combatant-civilian distinction, indicates that such civilianization of warfare should not be welcomed; the risks will often outweigh the benefits. At a minimum, states ought to exercise restraint in mobilizing civilians and inform them of the implications of their actions.

Since commencing its illegal invasion in 2022, the Russian military and authorities have committed numerous war crimes against the people of Ukraine. These include the mutilation and execution of combatants; the torture, kidnapping, forced expulsion, rape, and massacre of civilians; and indiscriminate attacks on densely populated areas. In this essay, I evaluate the strategic implications of this misconduct, focusing exclusively on Western responses. I argue that war crimes can and often do negatively impact the strategic goals of the perpetrator, but whether and how this occurs is rarely governed exclusively by the offending action. Western perceptions of battlefield atrocity, shaped as they are by identity, race, and politics, may radically shift from one context to another. In the case of the Russia-Ukraine war, the status of both the participants and the conflict itself has helped inculcate a particular sensitivity among Western actors to the battlefield criminality of Russia. Drawing on evidence from the 2022 Bucha massacre and the ongoing bombing of Ukrainian civilians, I argue that Russian misconduct has consolidated Western support for the Ukrainian military effort, politically, diplomatically, and materially.

With the advent of socio-technical systems that gather and process personal data, the capacity to identify and even locate people in an automated fashion has dramatically increased. This article discusses what militaries need to know about data protection and the right to digital privacy/private life when personal data is processed. The focus in this discussion is on sensitive data that makes individuals identifiable. It is here argued that the right to data protection and the right to digital privacy/private life are distinctive and separate rights and should be treated as such, despite some overlaps. Although the law of armed conflict approaches processing of sensitive data in a topical manner, it remains firm on the delimitation between what is permissible and what becomes unlawful when it comes to processing data. This article illustrates that elements of both data protection and protection of the right to privacy/private life can be traced in the law of armed conflict. In fact, both rights remain distinctive also in times of armed conflict and must be separately protected through obligations of result as well as obligations of conduct.

This article outlines and evaluates several unique challenges associated with legal support to special operations. It describes the essential differences between special tactics, techniques and procedures and conventional military operations. It offers a US perspective on how treaty and customary international laws apply to various special operations, including precision attacks against “high-value targets”, hostage rescue missions, and support to partner and proxy forces. It examines the benefits and drawbacks of heavy reliance on special operations during armed conflict, including an assessment of the legal challenges that arise when special operations forces become a primary feature of a military campaign. Finally, it highlights how the assumption of substantial military and political risk impacts the application of international law to special operations at the tactical level.