Accountability for mass starvation : testing the limits of the law / Bridget Conley [and three others], editors.

Format:

Book

Contributor:

Conley, Bridget, editor.

Series:

Oxford monographs in international humanitarian and criminal law.

Oxford monographs in international humanitarian and criminal law

Language:

English

Subjects (All):

Famines.

Humanitarian law.

Physical Description:

1 online resource (429 pages)

Place of Publication:

New York : Oxford University Press, [2022]

Summary:

This volume explores how famine and mass starvation in our lifetime are the result of man-made policies, and invariably occur during times of armed conflict. It provides expert analysis on defining starvation, early warning systems, gender and mass starvation, the use of sanctions, reporting on, and memory of famine.

Contents:

Intro

Title Page

Copyright Page

Dedication

Acknowledgements

Series Editors' Preface

Contents

Table of Cases

List of Figures and Tables

List of Abbreviations

List of Contributors

1. Introduction: Rendering Starvation Unthinkable-Preventing and Punishing Starvation Crimes

1. Introduction

2. Indications of Change?

A. United Nations Security Council Resolution 2417

B. Amending the Rome Statute

C. Investigative and Accountability Mechanisms

D. Hunger and Peace

3. Starvation in Tigray, Ethiopia

4. Overview of Chapters

5. Conclusion

Part I The Historical and Conceptual Context

2. What is Starvation?

2. What is Famine?

3. What is Mass Starvation?

4. 'Starvation Crime': Uses and Complications

A. Purposes of Starvation

B. Complications and Cross-Purposes

3. Social Nutrition and Accountability for Mass Starvation

2. Concepts of Social and Medicalized Nutrition

3. Evolution of Social Nutrition and Calls for its Revival

4. How Can Social Nutrition Strengthen Accountability for Mass Starvation?

5. Calamitous Famine and Malnutrition

A. Famine, Malnutrition, and Mortality

B. Famine as a Political Act

6. Challenges in Using Social Nutrition to Strengthen Accountability for Mass Starvation

A. Why the Domination of Medicalized Nutrition?

B. The Challenges of Applying a Social Nutrition Approach

7. Social Nutrition and Famine in Context: Somalia

8. Conclusions and Way Forward

4. 'An Unprosecuted Crime'

1. An Unprosecuted Crime

2. Cambodia under the Khmer Rouge (1975-1979)

A. Background

B. Famine

C. Prosecutions

3. Ethiopia (1983-1985)

B. Famine and Starvation

4. Bosnia-Herzegovina (1992-1995)

A. Background.

B. Starvation Crimes without Famine?

C. Sarajevo

D. Srebrenica

E. Prosecution

5. Darfur, Sudan, 2003-2008

A. The Use of Starvation

B. The Outcome of Starvation Crimes

C. The ICC Approach to Prosecution, 2008

D. Opportunities for Prosecuting Starvation Crimes in Darfur

6. Conclusion

Part II The Law

5. A Comprehensive Review of Existing IHL and ICL as it Relates to Starvation

2. The Law

A. The Development of the Legal Prohibition

1. Article 8(2)(b)(xxv) and Article 8(2)(e)(xix) of the Rome Statute

(a) The actus reus

(b) The mens rea

2. Clarifying 'Intention to Starve as a Method of Warfare'

(a) 'Intention to starve' does not require proof of consequence

(b) Oblique intent: a knowledge-based approach to the intention to starve

(c) The meaning of 'as a method of warfare'

3. The Practice

A. Strategies for Prosecuting Starvation

1. Mapping the Chain of Causation

2. Modes of Liability

3. Direct and Circumstantial (Indirect) Evidence

4. Identifying Intent in a Multi-Causal Environment

4. Conclusion

6. 'The Right to Food in Armed Conflict'

2. The Right to Food

A. State Obligations

B. Progressive Realization

C. Other Restrictions during Armed Conflict

3. Importance of Right to Food in Conflict

A. Right to Food vs. IHL

1. Broad Scope

2. Long-term Approach and Nutritious Food

B. Accountability

1. Development Goals vs. Progressive Realization Standard

2. ICL vs. IHRL

Part III The Case for Prosecutions Today

7. 'Not Never Again, but Next Time': Armed Conflict and Mass Starvation in South Sudan 2013-2019

2. Armed Conflict, Famine, and Early Warning in South Sudan

A. Famine Early Warning in South Sudan: The Invisibility of Da̱k.

3. The Interaction of Organized Violence and Food Security in Rural South Sudan

A. Vulnerability to Weaponized Starvation: Ecology, Mobility, and Seasonality

B. The Political Economic Logic of Weaponized Starvation

C. Social and Physical Distance Between Perpetrator and Targeted Population

D. Gendered Livelihoods, Gendered Attacks: Sexual and Gender-Based Violence (SGBV) and the Use of Starvation as a Weapon of War

4. Mass Starvation in South Sudan's Civil War

A. Counter-insurgency and Da̱k: Leer and Mayendit Counties, Unity State 2014-2018

1. Ruon Tora Bora: Sudanese Rebels and Movement by Road in the 2014 Offensive

2. Counter-insurgency Moves Closer: Co-ethnic Militias and Mass Cattle Seizure in the 2015 Offensive

3. A Militia of Neighbours: Looting a Destitute Population in the 2018 Offensive

4. Discussion

B. Reconsidering Rural Besiegement: Greater Baggari, Wau County, Western Bahr el Ghazal State 2016-2018

1. Tightening the Noose: Government Counter-insurgency against the Fertit Lions 2015-2018

2. Surviving in the Forest but Nowhere Else: Fertit Civilian Coping and Starvation Behind the Frontline

3. Discussion

8. Starvation as Strategy in the Syrian Armed Conflict: Siege, Deprivation, and Detention

1. Background

2. Starvation During the War

3. Case Studies

A. Eastern Ghouta

B. Zabadani

C. Aleppo

D. Deir Alzor

E. Starvation in Detention

9. 'Once We Control Them, We Will Feed Them': Mass Starvation in Yemen

2. Conflict, Humanitarian Crisis, and the Curious Case of non-declaration of Famine in Yemen

A. Background: Cycles of Conflict and Crisis in Yemen

B. Famine and Mass Starvation in Yemen

3. The Political Economy of Hunger and Vulnerability in Yemen

4. Military Strategies and Mass Starvation

A. Blockade.

B. Aerial Bombardment

C. Siege Warfare, Indiscriminate Bombing/Attacks on Civilians, and Impeding Essential Commodities, Humanitarian Supplies, and Operations

5. Economic Policies and Mass Starvation

A. Conflict over the Central Bank of Yemen and its (Continuing) Fallout

B. Fuel Imports

C. War Economy, and the Diversion and Control of Humanitarian Aid

D. Humanitarian Support

6. Case Study: Al-Hudaydah-Yemen's Primary Food Pipeline

7. Case Study: Ta'izz-Yemen's Perennial Frontline

8. Conclusion

10. Prosecution of Starvation in South Sudan

2. Identifying Instances of Deprivation of OIS in South Sudan

3. Proving the Intention to Starve as a Method of Warfare in South Sudan

A. The Use of Starvation as a Method of Warfare in South Sudan

B. Demonstrating the Intention to Starve

1. Proving that the Acts of the Perpetrator Caused the Deprivations of OIS

2. Scale and Manner of Deprivations of OIS

3. Implementation (or Lack Thereof) of IHL Obligations

(a) Measures taken to avoid/minimize the infliction of damage to OIS and concrete steps taken to alleviate civilian suffering

(b) Attempts to suppress IHL violations involving deprivation of OIS

(c) Ensuring humanitarian access

4. The Perpetrator's Awareness that the Deprivations of OIS Would Lead to Starvation

4. Linking the Senior Leaders to the Commission of the War Crime of Starvation

A. Accomplice Liability (Joint Criminal Enterprise/Co-perpetration)

B. Command Responsibility

Part IV Broader Perspectives

11. Humanitarian Challenges and Implications for Famine Early Warning Systems

2. Early Warning and Information Systems

A. Famine Early Warning/Information Systems

B. Fragility and Atrocity Early Warning Indices

C. Discussion of EWS

3. Case Studies.

A. Somalia (2011)

B. South Sudan (Greater Baggari, 2016-2018)

C. Syria (2012-2018)

D. Yemen (2015-2019)

12. Sanctions as a Mechanism for Accountability for Starvation Crimes

2. Modern Context of Sanctions: General Issues of Theory and Practice

A. What Are Sanctions?

B. Evolution of the Use of Sanctions

C. Measuring Sanctions' Impacts

D. Terrorism Designations

3. The Scope and Jurisdiction of Current Sanctions Programmes

A. United Nations

B. National Human Rights Sanctions Programmes

C. European Union Human Rights Sanctions

4. Utilizing Sanctions for Accountability for Starvation Crimes

A. Legal Considerations

B. Pathways to Justice

C. Humanitarian Considerations

D. Measuring 'Success'

E. Ethics and Norms

13. Sex, Gender, Age, and Mass Starvation

2. Sexual and Gender-Based Violence in the Context of Starvation Crimes

A. When SGBV Increases the Risk of Starvation Crimes

B. When Mass Starvation Increases the Risk of SGBV

C. SGBV, Displacement, and Starvation Crimes

D. Declining Birthrates

3. Mortality: Gender, Sex, and Age Differentials

A. Cause of Death

B. Biology and Mortality during Mass Starvation

1. Sex and Body Fat

2. Sex, Gender, Age, and the Immune System

4. Surviving Mass Starvation: Long-term Outcomes

A. Long-term Health Effects

B. Long-term Social and Economic Harm

5. Conclusion: Towards Protection and Accountability

14. Reporting Famine

15. Truth, Memory, and Starvation

2. Memorializing Famine in Ireland

3. Famine Memorialization Elsewhere

Bibliography

Index.

Notes:

Description based on print version record.

Other Format:

Print version: Conley, Bridget Accountability for Mass Starvation

ISBN:

0-19-195519-1

0-19-268815-4

0-19-268814-6