2024 Edition

The Asia Pacific Journal of International Humanitarian Law is pleased to announce that the following articles have been accepted for publication to the 2024 Edition. You may find the list of accepted articles and their abstract below:

1. Dominating Demography, Altering Destiny: India’s settler-colonialism in Kashmir by Mah-Nashit Uzma

Abstract: The author, in this article has discussed the demographic invasion of Indian Occupied Kashmir which has been underway since 1947 with a focus on post-2019 legislative and policy measures taken by Indian State. When understood in comparison with other cases of forced demographic changes worldwide, it indicates an accelerated pace towards the erosion of political, cultural, linguistic and social distinctiveness of the native population. The article reflects on how India’s unilateral abrogation of special status of the region within the Indian polity and post-abrogation settler-colonial strategies are aimed at frustrating the outcome of a prospective self determination exercise covered under UN Security Council resolutions on the Kashmir issue. The unchecked sovereignty assumed by India over the region of Jammu and Kashmir has been hollowing out the foundations of this international dispute at a pace faster than ever, to the end that one day it may collapse on its own.

Keywords: Settler-Colonialism, Kashmir dispute, United Nations, Demographic changes, India, Pakistan,Occupied territories, International law

2. Cultural Cleansing as an Emerging Form of Mass Atrocity: A Comparative Analysis of the Protection Against Intentional Destruction of Cultural Heritage under International Law and Islamic Law by Rose Maginnis

Abstract: Cultural cleansing, understood as the intentional destruction of cultural heritage in the pursuit of homogeneity, has increasingly become a tactic utilized, notably by militant factions purporting to advocate for Islam, in their efforts to impose a uniform, tightly controlled identity. The international community’s response has been largely limited by the sources of law at its disposition. This paper argues that the gaps and limits of the international humanitarian and criminal law frameworks should be addressed by adopting a culturally and legally inclusive approach. Islamic law can thus contribute in many ways; firstly, by addressing the inconsistencies of the current intentional law frameworks in its understanding of the implications of cultural heritage and its destruction. Secondly, through its potential of generating further compliance and legitimacy to the current overwhelmingly western-oriented framework of international law.

Keywords: Cultural cleansing, Intentional destruction of cultural heritage, Tangible cultural heritage, Intangible cultural heritage, International humanitarian law (later abbreviated; IHL), International criminal law (later abbreviated; ICL), Islamic law, Integrated model

3. The Relevance of the Islamic Principle of Humane Treatment of Prisoners of War (POWs) in Contemporary Practice: An Overview by Michele Scolari

Abstract: In contemporary armed conflicts, the universality of International Humanitarian Law (IHL) faces obstacles as certain Non-State Armed Groups (NSAGs) reject this framework, choosing to only apply Islamic Law. The paper investigates how Islamic Law of Armed Conflict (ILAC), in particular its principle of humane treatment, can play a role in modern conflicts thanks to its alignment with the same principle provided by IHL. It will be demonstrated that minimum guarantees of protection can nevertheless be secured by solely relying on ILAC, underscoring the importance of recognizing this set of norms as a central tool to promote humane treatment in armed conflict. Lastly, by examining the diverse approaches to ILAC by Al-Qaeda and the MILF/BIAF, the papers also offers examples of its application in practice.

Keywords: International Humanitarian Law (IHL), Islamic Law of Armed Conflict (ILAC), MILF/BIAF, Al-Qaeda, humane treatment.

4. China and Humanitarian Law: Evolution, Contemporary Influence and Prospects of Traditional Ethics in Modern-day Practice by Fan Xueke

Abstract: The practice of IHL cannot be separated from countries' recognition of its traditional ethics. Finding sufficient support for the connotation of IHL from ethics is conducive to further improving its compliance and implementation. In promoting the global acceptance and implementation of humanitarian law, it is necessary to fully consider these differences in ethical value systems, and seek consensus and compromise to ensure that humanitarian law can play its due role in protecting people. China has a long tradition of humanitarian ethics. This paper discusses the composition of traditional Chinese humanitarian ethics and the background of the formation of the law of war in Chinese history from several special historical periods, and examines its evolution. The traditional war ethics have encouraged contemporary China to embrace the international humanitarian law system and its connotation and principles with an open mind. This paper will analyze the historical evolution of Chinese humanitarian law ethics, examine the impact of ethics on the practice of IHL in China, explore the influence of Chinese ethics on the international community, and assess the application of IHL in China in conjunction with traditional Chinese ethics.

Keywords: humanitarian law, traditional ethics, China, consensus

5. Modern Interpretations of International Humanitarian Law’s Martens Clause - Opening the Door to Strategies to Better Protect the Environment and Indigenous Peoples During Armed Conflict by Shontelle Grimberg

Abstract: International humanitarian law falls short in protecting the environment and vulnerable persons, namely Indigenous Peoples, during armed conflicts under the Geneva Conventions. Indigenous Peoples disproportionately experience the impacts given their connection to ancestral lands including in Myanmar and Colombia. However, modern interpretations of the field’s Martens clause used to “other” Indigenous Peoples, can per “the principles of humanity”, open the door to Indigenous knowledge and international environmental law, international human rights law and international criminal law principles. The result being a holistic, less colonial and anthropocentric international humanitarian law better protecting the environment and Indigenous Peoples during armed conflicts.

Keywords: Coordination of international humanitarian law; the Martens clause, modern interpretations; better protection of the environment and vulnerable persons; Indigenous Peoples; protected zones; peace parks; Salween Peace Park; Special Jurisdiction of Peace; integration of international environmental law, international human rights law and international criminal law principles with international humanitarian law; decoloniality.