Blog: Arms and Armed Conflict
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July 2, 2020
Humanitarian disarmament approach offers proven model for change
(July 2, 2020) — More than 155 organizations released a joint letter today stating that humanitarian disarmament can lead the way to an improved post-pandemic world.
Endorsed by global campaigns that have garnered two Nobel Peace Prizes and fostered the creation of four international treaties in the past 25 years, the letter argues that humanitarian disarmament’s proven human-centered approach should guide current and future efforts in dealing with the pandemic and advancing human security.
The letter’s signatories include local, national, regional, and international organizations from around the world. Disarmament, human rights, peace, faith, medical, student, development, and other groups have all endorsed the letter. The widespread support across campaigns underscores how seriously the humanitarian disarmament community views the letter’s call.
Humanitarian disarmament seeks to reduce the human suffering and environmental damage inflicted by arms. To advance its goals of preventing and remediating harm, money invested in unacceptable weapons would be better spent on humanitarian purposes, the letter says.Continue Reading…
June 2, 2020
Strong Political Declaration Will Save Lives
(Washington, DC, June 2, 2020) – Countries should heed the United Nations secretary-general’s call for a new political declaration to protect civilians from the bombing and shelling of cities and towns, the International Human Rights Clinic said in a joint report on the subject with Human Rights Watch.
The 11-page document addresses the importance of a political commitment and elaborates on what it should contain. The use of explosive weapons in populated areas has inflicted immediate and long-term suffering on civilians in Syria, Libya, Yemen, and other areas of recent conflict.
“Countries should agree to a political declaration to prevent the foreseeable human suffering caused by the use of explosive weapons with wide-area effects in populated areas,” said Bonnie Docherty, the Clinic’s associate director of armed conflict and civilian protection. “The declaration should establish that this method of war is unacceptable. Civilian lives are at stake.”
In his annual report on the “Protection of Civilians in Armed Conflict,” which he presented to the UN Security Council last week, Secretary-General António Guterres highlighted the “fundamental need” for a new political declaration. It should commit countries to avoid using explosive weapons with wide-area effects in populated areas, he wrote.Continue Reading…
May 24, 2020
Posted by Dana Walters
“I have always felt very strongly that I need to work against inequality and the forces that make it possible,” says Niku Jafarnia J.D./M.P.P. ’20. For her, draconian and difficult immigration systems that favor certain populations are key sources of the disparities she hopes to eliminate.
When President Donald Trump instituted the first of many travel bans that targeted Muslim-majority countries in 2017, Jafarnia was a first-year law student and she was furious. She had not yet entered the legal clinics that would become like a home to her at Harvard Law School. Still, she emailed Sabrineh Ardalan ’02 and Phil Torrey of the Harvard Immigration and Refugee Clinic, asking how she could fight back.
“Had I not been in law school when this happened, I would have felt at a loss with what to do,” she says.
At the airport, she stood with Ardalan and Torrey holding a sign offering legal assistance and translation services in Persian. No one took her up on the offer, but the moment stands out to her from the last four years of graduate school. From the energetic and welcoming response of HLS’s clinical faculty to finding a way to act, she had found a community and a path towards countering what she sees as oppression.
Jafarnia believes that she has been lucky. A constellation of factors, such as being born in the U.S., has provided her with a great amount of opportunity, she said. She is constantly tuned in to how she can use her privilege to dismantle the inequitable structures that cause harm to others. When her parents emigrated from Iran in 1977 to pursue graduate education, they did not necessarily expect to stay, she said, but the combination of the Iranian Revolution and the Iran-Iraq War kept them in the U.S. Throughout law school, she has focused on issues related to migration, driven by a deep connection to people whose stories feel so familiar.Continue Reading…
April 16, 2020
Posted by Jillian Rafferty JD/MPP'20
The International Human Rights Clinic’s Armed Conflict and Civilian Protection Initiative (ACCPI) relaunched its flagship website, humanitariandisarmament.org, this week. The site aims to increase public awareness of the humanitarian approach to governing weapons and serves as a hub of information for practitioners in the field.
In addition to having updated content and greater functionality, the new website has responded to COVID-19 by initiating a series of blog posts reflecting on the pandemic’s effects on humanitarian disarmament and creating a new “COVID-19 and Disarmament” resources page.
Since its formation in 2018, the ACCPI has been a key player in humanitarian disarmament. Its inaugural conference brought global experts to campus to reflect on the state of the movement and strategize about the way forward. Since then, the ACCPI has not only created and maintained humanitariandisarmament.org, but also held a workshop for diplomats in Geneva, co-published and translated a primer on the topic, and promoted coordination among civil society leaders working on different weapons issues.
Humanitarian disarmament seeks to prevent and remediate arms-inflicted human suffering and environmental harm through the establishment and implementation of norms. A people-centered approach in both substance and process, it prioritizes protecting people rather than advancing national security. Humanitarian disarmament advocates have driven the negotiation, universalization, and implementation of numerous international legal instruments, including the 1997 Mine Ban Treaty, the 2008 Convention on Cluster Munitions, the 2013 Arms Trade Treaty, and the 2017 Treaty on the Prohibition of Nuclear Weapons. The 1997 and 2017 Nobel Peace Prizes recognized the role humanitarian disarmament coalitions played in banning antipersonnel landmines and nuclear weapons.Continue Reading…
April 9, 2020
Posted by Daniel Moubayed JD'20
Governments should negotiate a treaty that prohibits fully autonomous weapons and requires meaningful human control over the use of force, the International Human Rights Clinic and the Campaign to Stop Killer Robots said in two publications released last week.
Bonnie Docherty, the Clinic’s Associate Director of Armed Conflict and Civilian Protection, presented the papers on April 2 at the Berlin Forum on Lethal Autonomous Weapons Systems, the first-ever major digital disarmament meeting. While Germany had originally planned to hold an in-person meeting in Berlin, its decision to move it online exemplifies the disarmament community’s efforts to continue work on this key issue during the COVID-19 pandemic.
Fully autonomous weapons, also known as lethal autonomous weapons systems or “killer robots,” are weapons systems that would select and engage targets without meaningful human control. The technological capacity for autonomy in these systems raises a host of moral, legal, and ethical concerns. In light of these concerns, a new treaty is needed to clarify and strengthen existing international law.
Over the past year, the Clinic has worked closely with the Campaign to Stop Killer Robots, a global civil society coalition, to develop the proposal for key elements for a new treaty. In crafting the elements, the Clinic team analyzed government positions, examined legal precedent, and reviewed technical publications. The team also consulted with lawyers, ethicists, technology experts, civil society representatives, and others during UN conferences and the Campaign’s global meeting in Argentina in February.
The proposed treaty covers all weapons systems that select and engage targets on the basis of sensor processing, rather than human input. The broad scope is designed to ensure that systems posing legal and ethical concerns do not escape regulation. While this scope requires examination of existing weapons, the proposed restrictions are narrow and directed at future ones.
The heart of the treaty proposed by the Campaign and the Clinic consists of three key elements: (1) a general obligation to maintain meaningful human control over the use of force, (2) prohibitions on specific weapons systems that independently select and engage targets and by their nature pose fundamental moral or legal problems, and (3) specific positive obligations to ensure that meaningful human control is maintained in the use of all other systems that select and engage targets.Continue Reading…
February 13, 2020
By Bonnie Docherty
Efforts to protect civilians from the harm caused by the use of explosive weapons in towns and cities took a step forward this week when more than 70 countries met in Geneva to discuss draft elements of a new political declaration.
According to a new paper co-published by the International Human Rights Clinic and Human Rights Watch, the text is a good foundation for further work, but several areas need to be strengthened in order to maximize the protection of civilians.
Explosive weapons, such as airdropped bombs, rockets, and missiles, produce a pattern of immediate and reverberating effects when they are used in populated areas. In addition to killing and injuring civilians at the time of an attack, they can damage critical infrastructure, which in turn interferes with essential services such as health care and education. The problem is exacerbated if the weapons have a wide area effect due to inaccuracy, a large blast or fragmentation radius, or the delivery of multiple munitions at once.
In their new paper, the Clinic and Human Rights Watch call on countries to commit to avoid the use of explosive weapons with wide area effects in populated areas. They also recommend that the declaration include strong commitments on assistance for victims, data collection and sharing, and follow-up meetings to review progress.
This week’s gathering, held at the United Nations in Geneva, represented the second round of consultations in an Irish-led process that began last November. Ireland plans to hold negotiations of the declaration at the next meeting on March 23-24 and to invite states to Dublin to endorse the final instrument in late May.
The Clinic has been actively involved in efforts to reduce the suffering caused by the use of explosive weapons in populated areas since 2011. Through its field research and legal analysis, it has supported the campaign for a new political declaration on the topic.
The recent Clinic-Human Rights Watch analysis of the draft text was produced by Bonnie Docherty, the Clinic’s associate director of armed conflict and civilian protection, and clinical students Jillian Rafferty, JD/MPP ’20, and Parker White, JD/MPP ’20. Docherty and White also participated in the consultations in Geneva.
November 18, 2019
A Call for International Action to Protect Civilians in Conflicts
Governments should make a commitment to protect civilians from the harmful impacts of explosive weapons used in towns and cities during conflicts, the International Human Rights Clinic and Human Rights Watch said in a report released today at a diplomatic conference in Geneva.
The 23-page report, “A Commitment to Civilians: Precedent for a Political Declaration on Explosive Weapons in Populated Areas,” lays out the components of a new political declaration on explosive weapons, bolstering its case with precedent from existing declarations.
Explosive weapons, including artillery shells, rockets, mortars, and air-dropped bombs, have recently caused civilian casualties in Afghanistan, Iraq, Libya, Syria, Yemen, and other countries. Civilians are often killed or injured by the initial explosion, crushed by collapsing buildings, or maimed by explosive remnants of war. Reverberating effects include damage to homes and essential infrastructure, interference with health care and education, large-scale displacement of people, degradation of the environment, and denial of humanitarian access.Continue Reading…
November 13, 2019
(Geneva) – Russia should support, not block, diplomatic talks about possible action to address the civilian harm caused by the use of incendiary weapons, the International Human Rights Clinic and Human Rights Watch said in a report released this week.
Issued ahead of an upcoming United Nations disarmament conference, the nine-page report, “Standing Firm against Incendiary Weapons,” highlights the weaknesses of international law regulating incendiary weapons. Such weapons can inflict severe burns, leave extensive scarring, and cause respiratory damage and psychological trauma. Incendiary weapons also start fires that destroy civilian homes, objects, and infrastructure.
“Russia’s regrettable opposition scuttled stand-alone diplomatic discussion this year on incendiary weapons,” said Bonnie Docherty, associate director of armed conflict and civilian protection at Harvard Law School’s International Human Rights Clinic and lead author of the report. “Yet there’s a clear humanitarian imperative to deal with these cruel weapons.”Continue Reading…
October 10, 2019
Docherty reflects on the impact of a Hiroshima survivor’s visit to Harvard Law, and her vision for HLS’s Armed Conflict and Civilian Protection Initiative
Reducing the civilian impact of arms and armed conflict has been the focus of Bonnie Docherty’s career since she was a student at Harvard Law School.
Since 2005, Docherty JD ’01, an international expert on civilian protection in armed conflict, has served as a lecturer on law at the International Human Rights Clinic at Harvard Law School. She participated in the negotiations of the 2008 Convention on Cluster Munitions and has promoted strong implementation of the convention since its adoption. She recently played a key role in the negotiations of the 2017 Treaty on the Prohibition of Nuclear Weapons, successfully advocating for specific provisions and providing legal advice to the International Campaign to Abolish Nuclear Weapons (ICAN), the civil society coalition that received the 2017 Nobel Peace Prize. In 2018, Docherty launched the Armed Conflict and Civilian Protection Initiative (ACCPI) at Harvard Law School, where she serves as associate director.
On Tuesday, Oct. 8, Docherty hosted an event with Hiroshima bombing survivor Setsuko Thurlow, who accepted the 2017 Nobel Peace Prize on behalf of ICAN. Accompanying the event, HLS also showcased a photo exhibit, “From the Atomic Bomb to the Nobel Peace Prize”, which illustrates the history of nuclear disarmament.
Over the course of her career, Docherty has mentored scores of clinical students, from field researchers in conflict zones to advocates inside the halls of the U.N. in Geneva. Daniel Moubayed JD’20, a student in the International Human Rights Clinic who works closely with the Initiative, sat down with Docherty prior to the talk to discuss the exhibition, Thurlow’s presentation, and the ACCPI.Continue Reading…
October 1, 2019
From October 1 through October 8, 2019, the South Lobby of Wasserstein Hall showcases a photo exhibition that documents the impact of nuclear weapons and recent progress toward their elimination. The exhibit focuses on the devastation caused by early use and testing of these weapons and civil society’s role in producing the 2017 treaty that bans them.
Bonnie Docherty, Associate Director of Armed Conflict and Civilian and Lecturer in Law at the International Human Rights Clinic, organized the exhibit. Her introduction is reproduced below in its entirety.
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