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  • 1.
    Ericson, Marika
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Folkrättsutbildning för ett välfungerande totalförsvar: ett viktigt område för vidareutveckling2023In: Svenska Röda Korsets årsbok i internationell humanitär rätt 2022, ISSN 2003-1076, p. 31-36Article in journal (Other (popular science, discussion, etc.))
  • 2.
    Ericson, Marika
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Försvara en regelbaserad ordning eller skapa en ny: Om juridikens roll i kris och krig2022In: Kungl Krigsvetenskapsakademiens Handlingar och Tidskrift, ISSN 0023-5369, no 4, p. 31-40Article in journal (Other academic)
  • 3.
    Ericson, Marika
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Lagstiftarens förväntningar på dig som medborgare2023In: Ryska krigsskepp, dra åt helvete! En liten bok om försvarsvilja / [ed] Jenny Deschamps-Berger, Patrik Oksanen, Fri tanke , 2023Chapter in book (Other academic)
  • 4.
    Ericson, Marika
    et al.
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Malm, Isak
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    International Law and Accountability in Relation to the Protracted Conflicts in Eastern Europe2022In: Security and Human Rights in Eastern Europe:: New Empirical and Conceptual Perspectives on Conflict Resolution and Accountability / [ed] Kragh, Martin, Stuttgart: Ibidem-Verlag, 2022Chapter in book (Other academic)
    Abstract [en]

    More than three decades since the fall of the Soviet Union, several conflicts over territory and political influence in Eastern Europe persist. This volume gathers new empirical and conceptual perspectives on the situation regarding security and human rights in the EU's eastern neighborhood. The first part of this volume consists of five articles, detailing the origins and recent developments in the conflict areas of Donbas (Ukraine), Transnistria (Moldova), Abkhazia and South Ossetia (Georgia), and Nagorno-Karabakh (Armenia and Azerbaijan). The second part provides a comparative perspective, focusing on the implications of protracted conflicts for European security, the OSCE, and international law. The articles analyze the regional context, explain the role of regional powers such as Russia, Turkey, and the EU, and provide clear policy recommendations regarding conflict resolution and accountability.

  • 5.
    Harrison Dinniss, Heather
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    A Room Full of Experts: Expert Manuals and Their Influence on the Development of International Law2022In: Yearbook of International Humanitarian Law, ISSN 1389-1359, E-ISSN 1574-096X, Vol. 23, p. 21-34Article in journal (Refereed)
    Abstract [en]

    Expert manuals play an increasingly important role on the development of international law into new areas and environments. While not formally a source of law themselves, their influence on those involved in the development and construction of more formal sources of law takes place on multiple levels and in a variety of ways. This contribution explores some of the different elements that effect the influence these manuals wield. The selection of experts, their qualifications, diversity and ability to adapt to new environments and technological domains is a core components of this influence. Likewise the methodology used by the manual, the attempt to separate lex lata from lex ferenda and the method of representing differing views within the group will all have an impact on its subsequent influence. Manuals will continue to play a valuable role in the development of international law, by influencing the decision of policy makers, treaty negotiators and others, particularly in an era characterised by lack of agreement between states and stagnation of formal law making processes in emerging domains.

  • 6.
    Harrison Dinniss, Heather
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Cyber Operations in Outerspace2022In: Outer Space Law: Legal Policy and Practice / [ed] Yanal Abul Failat, Anél Ferreira-Snyman, Woking: Globe Law and Business , 2022, 2, p. 461-473Chapter in book (Refereed)
  • 7.
    Harrison Dinniss, Heather
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Skyddet för sjukvård i en digital tidsålder2021In: Svenska Röda Korsets årsbok i internationell humanitär rätt, ISSN 2003-1076Article in journal (Other (popular science, discussion, etc.))
  • 8.
    Hayashi, Nobuo
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Weapons of Mass Destruction2022In: Elgar Encyclopedia of Human Rights / [ed] Christina Binder, Manfred Nowak, Jane A. Hofbauer, Philipp Janig, Cheltenham: Edward Elgar Publishing, 2022, p. 556-566Chapter in book (Refereed)
  • 9.
    Hayashi, Nobuo
    et al.
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Lingaas, Carola
    VID Specialized University (NOR).
    Conclusion: The Hostage Case, Present Day Knowledge, and Future Implications2023In: Honest Errors? Combat Decision-Making 75 Years After the Hostage Case / [ed] Nobuo Hayashi; Carola Lingaas, The Hague: T.M.C. Asser Press, 2023, p. 289-300Chapter in book (Refereed)
    Abstract [en]

    Seventy-five years after a US tribunal in Nuremberg acquitted Lothar Rendulic of devastating and forcibly evacuating Northern Norway, the Rendulic Rule stands firmly in international law. This concluding chapter summarises the anthology’s main historical, legal, and military-ethical findings. It provides an overview of the historical developments that culminated in the scorched earth tactics applied by the retreating German 20th Mountain Army under Rendulic’s command. It then discusses the preparations and legal peculiarities of the trial, as well as reactions to the judgment. The chapter shows that the case against Rendulic is arguably the wrong foundation for the no second-guessing rule, since he did not consider the complete devastation of Northern Norway and the forcible evacuation of its entire civilian population militarily necessary. Although the Rendulic Rule rests on meagre legal forensics, it has acquired legal significance in primary rules of conduct in the shape of the reasonable commander test in international humanitarian law and the mistake of fact defence in international criminal law. Numerous domestic, regional, and international courts and tribunals have applied the rule that nowadays has a strong legal standing. Yet, despite rapidly evolving military and information technology, reasonableness, empathy, and (institutional) bias in combat remain challenging issues

  • 10.
    Hayashi, Nobuo
    et al.
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Lingaas, CarolaVID Specialized University (NOR).
    Honest Errors? Combat Decision-Making 75 Years After the Hostage Case2023Collection (editor) (Refereed)
    Abstract [en]

    This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions.

    Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of archival and court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today.

    The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research.

  • 11.
    Hayashi, Nobuo
    et al.
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Lingaas, Carola
    VID Specialized University (NOR).
    Honest Errors in Combat Decision-Making: State of Our Knowledge 75 Years after the Hostage Case2023In: Honest Errors? Combat Decision-Making 75 Years After the Hostage Case / [ed] Nobuo Hayashi; Carola Lingaas, The Hague: T.M.C. Asser Press, 2023, p. 3-21Chapter in book (Refereed)
    Abstract [en]

    Seventy-five years have passed since Hostage, a post-World War II case in which Lothar Rendulic was acquitted of Northern Norway’s devastation and forcible evacuation on account of his faulty yet honest judgment. This introductory chapter surveys the current state of our knowledge about honest errors in modern combat decision-making by synthesising the findings of the anthology’s contributing authors. First, contemporaneous sources suggest that Rendulic did not consider it militarily necessary to devastate the region in its entirety or to evacuate all of its residents by force. Second, even though Rendulic’s acquittal was factually contentious, it was arguably on firmer legal ground. His case has led to the emergence of an eponymous rule against second-guessing difficult combat decisions, the reasonable commander test in international humanitarian law and the mistake of fact defence in international criminal law. Third, assessing the reasonableness of battlefield errors remains challenging because of the limitations of modern information technology, the diminishing room for empathy in the soldierly profession, and the salience of institutional bias.

  • 12.
    Kleffner, Jann
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    The unilateralization of international humanitarian law2022In: International Review of the Red Cross, ISSN 1816-3831, E-ISSN 1607-5889, Vol. 104, no 920-921, p. 2153-2169Article in journal (Refereed)
    Abstract [en]

    Traditionally, international humanitarian law (IHL) is conceptualized as a body of mutually binding, horizontal international legal rules that are agreed upon by States and that govern the relationships between parties to armed conflicts. Yet, there is discernible evidence that contemporary IHL – and the broader normative environment that pertains to the regulation of armed conflicts in which it is situated – is incorporating elements of unilateralization, manifested in legal and non-legal norms that regulate armed conflicts taking the form of commitments whose validity is not dependent on being reciprocated. This article examines some of the systemic implications of unilateralization of IHL and considers its pitfalls and potential.

  • 13.
    Lamont, Carina
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    International Law in the Transition to Peace: Protecting Civilians under Jus Post Bellum2021Book (Refereed)
    Abstract [en]

    This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives.

    The book offers a novel but pursuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The research draws uniquely on both conteporary legal concerns and issues, and on peace and security research. It does so in order to enable a legal analysis that is both legally sound as well as appropriate and adequate in today's peace and security environments.

    The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.

  • 14. Wiktorin, Johan
    Sigholm, Johan
    Swedish Defence University, Department of Systems Science for Defence and Security, Systems Science for Defence and Security Division.
    Ericson, Marika
    Swedish Defence University, Department of Political Science and Law, Centre for International and Operational Law.
    Fältström, Patrik
    Oksanen, Patrik
    Oehme, Richard
    Cyberförsvaret: en introduktion2022Collection (editor) (Other academic)
1 - 14 of 14
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