Another Grey Zone

New from Bloomsbury – though, desperately sadly, at a ruinous price, a collection of essays edited by Mark Lattimer and Philippe Sands, The Grey Zone: The Grey Zone
Civilian Protection Between Human Rights and the Laws of War:

The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to ‘an institutional vacuum in the area of international humanitarian law implementation’. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed?

This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today’s conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.

 

I’ve written about attempts to ‘eliminate the grey zone’ before, but this is a different one, as the Contents make clear:

 

Part I: Rights
1. Who Is a Civilian? Membership of Opposition Groups and Direct Participation in Hostilities
Emily Crawford
2. The Duty in International Law to Investigate Civilian Deaths in Armed Conflict
Mark Lattimer
3. Protection by Process: Implementing the Principle of Proportionality in Contemporary Armed Conflicts
Amichai Cohen
4. Regulating Armed Drones and Other Emerging Weapons Technologies
Stuart Casey-Maslen
5. The Globalisation of Non-International Armed Conflicts
Pavle Kilibarda and Gloria Gaggioli
6. Administrative Detention in Non-International Armed Conflicts
Françoise J Hampson
7. The Crime of Rape in Military and Civilian Jurisdictions
Lois Moore and Christine Chinkin

Part II: Remedies
8. The Right to Reparation for Victims of Armed Conflict
Carla Ferstman
9. Arguing International Humanitarian Law Standards in National Courts-A Spectrum of Expectations
Sharon Weill
10. The Death of Lex Specialis? Regional Human Rights Mechanisms and the Protection of Civilians in Armed Conflict
Bill Bowring
11. Extraterritorial Obligations under Human Rights Law
Cedric Ryngaert
12. What Duties Do Peacekeepers Owe Civilians? Lessons from the NuhanovicCase
Liesbeth Zegveld
13. Civilian Protection and the Arms Trade Treaty
Blinne Ní Ghrálaigh

Part III: Developments
14. A Path Towards Greater Respect for International Humanitarian Law
Valentin Zellweger and François Voeffray
15. The Responsibility to Protect and Non-State Armed Groups
Jennifer M Welsh
16. Protecting Civilians by Criminalising the Most Serious Forms of the Illegal Use of Force: Activating the International Criminal Court’s Jurisdiction over the Crime of Aggression
Carrie McDougall
17. Elements and Innovations in a New Global Treaty on Crimes Against Humanity
Leila Nadya Sadat

Mark introduces the project (and en passant makes clear its relevance to my continuing work on Syria) over at Justice in Conflict here:

As armed conflicts continue to metastasize in many world regions, is the existing international law protecting civilians fit for purpose, or are there gaps in protection? The answer of most lawyers of armed conflict to this question has long been that the gap lies not in the substantive law but in its implementation.

While the need for implementation is plain, it is also clear that the contemporary face of conflict presents aspects which the framers of the Geneva Conventions and their 1977 Protocols – as well as the major human rights treaties – could hardly have envisaged. The growth of transnational armed groups such as Al-Qaeda and ISIS means that a ‘non-international armed conflict’ can now be fought in many states simultaneously or even, according to some proponents, globally. New technologies in warfare, from armed drones to autonomous weapons systems, radically alter the circumstances under which information is made available to commanders and with it the scope and accountability of decision-making….

Just looking at the fundamental conflict activities of killing and detaining, the grey areas appear to be wide. With conflict conducted in areas of high population density, there are a number of practical problems in distinguishing civilians from combatants or fighters, but also legal ones. Civilians lose their immunity from attack when directly participating in hostilities, but how is direct participation defined and how long does it last? In Iraq and Syria individuals have been targeted on account of their membership of ISIS or Jabhat al Nusra. But what of members of armed groups who do not engage in combat? What of the driver, the cook, or the recruiter? The treatment of ISIS members and their families is a sensitive subject in Iraq, but it appears to encompass the targeting and/or punishment of those who had no combat function.

The growth in armed conflict jurisprudence from human rights and monitoring bodies has in many cases recast the headline question: rather than identifying gaps in the law, the challenge is to determine which set of laws or legal regimes apply. Should it be human rights law or the international humanitarian law (IHL) applicable in armed conflict? Or indeed both?

Trauma Geographies online

My Antipode Lecture on Trauma Geographies is now available online via YouTube.

(If you wonder why I’m hunched over my laptop, the microphone was fixed to the podium….).  Since I’m now turning this into an essay, I’d welcome any questions, comments or suggestions.

You can find more details  including open access to a series of related articles – at the Antipode Foundation website here.

Trauma geographies, woundscapes and the clinic

I returned from the RGS/IBG Conference in Cardiff to the start of term (which explains and I hope excuses my silence: I’ve updated my two course outlines for this term, and you can find them under the TEACHING Tab if you are interested; if you have any comments or suggestions I’d be happy to have them).

My next order of business is to turn my Antipode Lecture on “Trauma Geographies” into a text (the video will be online soon, I hope); I’ve already started on the translation, helped by questions and feedback from the presentation, and I’ll post the draft when it’s ready.

The argument moves from medical care and casualty evacuation in Belgium and France, 1914-1918 through Afghanistan 2001-2018 to Syria 2011-2018, and in each case I address both combatants and civilians.  Much of this trades on (and develops) posts that will be familiar to regular readers – and if you’re not the GUIDE tab ought to help direct you to the most relevant ones – but I’ve also returned to my ideas about corpography and used them to flesh out (sic) the concept of a ‘woundscape‘.  I decided to that because one of the themes of the conference was landscape, and the idea of a woundscape seemed to take that debate in a fruitful new direction.  I first encountered it in Jennifer Terry‘s brilliant Attachments to War, and she in turn found it in the work of Gregory Whitehead (particularly Display Wounds).

I’m drawn to the way in which both authors/performers try to coax wounds to speak, to read their violent ruptures of the body, and to transcend the typically narrowly bio-medical discourse that frames them.  At the same time, I don’t want to ignore that scientific framing, not least because it is profoundly performative and has such vital consequences (both physical and affective), so in my rendering a ‘woundscape’ is constituted through the explosive intersection of the military gaze (‘the target’) and the medical gaze (the injured body) but immediately spirals beyond those visual registers – and indeed beyond visuality – to include a range of other senses and sensibilities. A woundscape thus includes the bio-physical, cognitive and affective landscapes in which casualties are created, moved and treated.  The affective envelope that surrounds and invades the injured body is a constant concern; this extends beyond the casualty to a host of other actors – as Omar Dewachi shrewdly observes, when wounds travel they ‘enter new social worlds and multiple histories of violence’ – but I I focus on physical injury (rather than PTSD) because so many accounts of later modern war have represented it as what James Der Derian dubbed ‘virtuous’ war whose seeming remoteness is rendered as at once increasingly virtual, fought on and through screens and algorithms, and at the limit radically, absurdly disembodied. Against this, I’m trying to respond to John Keegan’s dismayed observation that the wounded – he included the dead too – ‘apparently dematerialize as soon as they are struck down…’

So here are the slides from my presentation that summarise my interim propositions about woundscapes, drawn from the three case studies; I’ll be revising and elaborating them as I proceed, but I hope this might start a conversation:

Finally, Omar’s wonderful essay that I cited earlier appeared in MATMedicine, Anthropology, Theory – and I would be remiss not to draw attention to its most recent issue.  The editorial on ‘Clinic and Crisis‘ by Eileen Moyer and Vinh-Kim Nguyen sends me back to the other essay I’m currently trying to finish, on “The Death of the Clinic“, which plainly intersects with ‘Trauma Geographies’:

A common thread runs through the articles of this issue of MAT: the conjoining of clinic and crisis. Here we refer, in the manner of Foucault (1963) to the clinic as both an epistemology (a way of knowing) as well as a material space where the ill seek care. Crises are moments of rupture, where the surface of everyday life splinters to reveal what lies underneath and new dangers can appear; they are also turning points where futures can be grasped and foretold. Moments of social crisis manifest in bodies, and therefore in the clinic. Das’s notion of ‘critical events’, as discussed in Affliction: Health, Disease, and Poverty and also taken up in MAT’s September 2017 issue, furnishes perhaps the most thorough consideration of crisis. As she and others have pointed out, crisis is an everyday reality for many who live in conditions of precarity and existential instability. More generally, the current geopolitical climate and the growing urgency of climate change contribute to the sense of crisis. The clinic is symptomatic of crisis, a place where a state of emergency becomes finally visible.

More soon – and I haven’t forgotten that I need to return to my series of posts on Ghouta and, in particular, to address the issue of medical care and casualty evacuation (or lack of it) there too.

The Military Present

I’m later to this than I should be, but over at the American Anthropologist there is a very interesting series of four podcasts conducted by Emily Sogn.and Vasiliki Touhouliotis on what they call ‘the military present’:

In the first episode, we spoke to Joe Masco (here) about the historical formation of an affective politics that creates an ethos of continuous, yet increasingly incoherent militarization justifying itself as a response to a monopoly of perceived threats. Next, we spoke to Madiha Tahir (here) about the ways in which new weapons technologies, particularly drones, have reshaped social landscapes in places like the Waziristan region of Pakistan where threats both in the air and on the ground have become an ever present fact of everyday life….

In our [third] episode we spoke with was Wazhmah Osman (here) about the embodied effects of nearly four decades of continuous war in Afghanistan. we talked about how the deployment of new military strategies and the use of new supposedly more precise weapons obscures the deep yet everyday cumulative damage that is caused by ongoing war. [The interview focuses on the US deployment of the  the Massive Ordnance Air Blast (MOAB) in Afghanistan in April of 2017].

And in the final episode – which is how I stumbled upon the series, as I’m in the final stages of prepping my Antipode lecture on “Trauma Geographies” – they talk with my good friend Omar Dewachi (here)

about war as a form of governance asking how war orders and creates the terms by which different forms of injury caused by war can be recognized and acted upon. We were prompted to frame a conversation around this topic as a response to what we see as a troubling absence of public discussion of the deaths and illnesses that are caused by war, but which get obscured as such by the language of by products, secondary effects, or collateral damage.

Unless I’ve missed something, the conversation with Omar is the only one of the series to have a transcript, but you can listen to all of them online.

‘Sweet target, sweet child’

My keynote (‘Sweet target, sweet child: Aerial violence and the imaginaries of remote warfare’) at the conference on Drone Imaginaries and Society at the University of Southern Denmark in June is now available online here.

In February 2010 a US air strike on three vehicles in Uruzgan province, Afghanistan in support of US and allied ground forces caused multiple civilian casualties. The attack was the direct result of surveillancecarried out by a Predator drone, and a US Army investigation into the incident criticised the flightcrew for persistently misinterpreting the full-motion video feeds from the remotely operated aircraft.This has become the signature strike for critics of remote warfare, yet they have all relied solely on a transcript of communications between US Special Forces in the vicinity, the drone crew at Creech AirForce Base in Nevada, and the helicopter pilots who executed the strike. But an examination of the interviews carried out by the investigation team reveals a more complicated – and in some respects even more disturbing – picture. This presentation uses those transcripts to brings other actors into the frame, pursues the narrative beyond the strike itself, and raises a series of questions about civilian casualties. During the post-strike examination of the site the casualties were rendered as (still) suspicious bodies and, as they were evacuated to military hospitals, as inventories of injuries. Drawing on Sonia Kennebeck’s documentary film ”National Bird” I also track the dead as they are returned to their villages and the survivors as they struggle with rehabilitation: both provide vivid illustrations of the embodied nature of nominally remote warfare and of the violent bioconvergence that lies on the otherside of the screen.

Scenes of crimes

I’m still on the road, but my series of essays on siege warfare in Syria has not ground to a complete halt: far form it.  Expect more soon, but in the meantime, two reports from the New York Times of considerable importance.

First, the United Nations Independent Commission of Inquiry on Syria confirmed that the siege of eastern Ghouta was marked by war crimes and crimes against humanity:

Dramatically escalating their military campaign to recapture the besieged enclave between February and April, pro-Government forces carried out aerial and ground bombardments which claimed the lives of hundreds of Syrian men, women, and children. By April, numerous homes, markets, and hospitals had been all but razed to the ground, amounting to the war crimes of launching indiscriminate attacks, and deliberately attacking protected objects.

In an effort to avoid the bombardments, terrified civilians relocated to makeshift basement shelters in February, where they subsisted for months underground in dire circumstances.

“It is completely abhorrent that besieged civilians were indiscriminately attacked, and systematically denied food and medicine,” said Commission Chair Paulo Pinheiro. “What is clear from the terminal phase of this siege is that no warring party acted to protect the civilian population”, he continued.

Through the widespread and systematic bombardments of civilian inhabited areas and objects in eastern Ghouta, and the continued denial of food and medicine to besieged civilians during the period under review, pro-Government forces perpetrated the crime against humanity of inhumane acts causing serious mental and physical suffering, the report finds.

Between February and April, besieged armed groups and terrorist organisations also relentlessly fired unguided mortars into neighbouring Damascus city and nearby areas, killing and maiming hundreds of Syrian civilians.

“Even if pro-Government forces are bombing and starving the civilian population of eastern Ghouta into submission, there can be no justification for the indiscriminate shelling of civilian inhabited areas in Damascus”, said Commissioner Hanny Megally. “Such actions by armed groups and members of terrorist organisations also amount to war crimes.”

The report notes that, by the time Government forces declared eastern Ghouta successfully recaptured on 14 April, some 140,000 individuals were displaced from their homes, tens of thousands of whom are being unlawfully interned by Government forces in managed sites throughout Rif Damascus.

“The blanket internment of all civilians who fled eastern Ghouta through humanitarian corridors, including women and children, is reprehensible,” said Commissioner Karen Koning AbuZayd. “In many instances, the on-going internment of these individuals amounts to arbitrary deprivation of liberty, and the unlawful confinement of tens of thousands of individuals,” she continued.

Pursuant to local truces and “evacuation agreements”, up to 50,000 civilians from eastern Ghouta were displaced to Idlib and Aleppo governorates, none of whom were provided aid by the Syrian Government.

The report also states that the cumulative physical and psychological harm wrought by the five-year siege continues to impact negatively hundreds of thousands of Syrian men, women, and children countrywide.

I’ve taken that summary from a press release on 20 June; the full report will be presented today, and you can download it here. (scroll down).

I’ll have more to say about this report when my series resumes, but what is important for now is that – according to a report by Maggie Haberman and Rick Gladstone for the New York Times – details of two chemical attacks were drastically reduced:

At least twice this year, the Syrian military fired Iranian-made artillery shells filled with a chlorine-like substance that oozed poison slowly, giving victims just a few minutes to escape.

In another attack, Syrian forces dropped a chemical bomb on the top-floor balcony of an apartment building, killing 49 people, including 11 children. Their skin turned blue.

These details and others blaming Syria for atrocities in eastern Ghouta, a suburb of Damascus, were uncovered by a United Nations commission investigating and documenting possible war crimes in the seven-year-old conflict. But when the commission issued a report on Wednesday, the details were omitted.

Seven pages that had been in an earlier draft, provided to The New York Times, were summarized in two paragraphs in the final document…

The materials in the leaked draft paint a far more frightening picture of chemical weapons use in eastern Ghouta than had been previously reported. And they assert without qualification that Syrian forces and their allies were responsible, rebutting repeated denials by Mr. Assad’s government and his backers in Russia and Iran.

One of those attacks was the assault on Douma on 7 April that I discussed in detail in Gas Masques.  The NYT report explains:

On April 7, the draft said, an improvised explosive delivered from the air hit a multistory residential building roughly 200 yards from the Rif Damascus Hospital, the last functioning hospital in Douma.

The draft described the explosive as a “single industrial gas cylinder” with fins that struck the top-floor balcony and appeared to have “rapidly released large amounts of a substance into the interior space of the residential apartment building.”

“Positions and physical symptoms displayed by victims of the attack support witness claims that the agent acted rapidly,” the draft stated, “and likely indicate that a high concentration of the chemical sank downwards.”

Based on witness statements and “material evidence received and analyzed by the Commission,” the draft stated, the dead showed “an array of symptoms consistent with exposure to a choking agent, including signs of foaming at the mouth and nose, blue skin indicating impaired blood circulation, meiosis (constriction of the pupils), as well as some cases of dilated (wide open) pupils.”

“Statements and material evidence received and analysed by the Commission in relation to the deceased within the apartment building revealed an array of symptoms consistent with exposure to a choking agent, including signs of foaming at the mouth and nose, blue skin indicating impaired blood circulation, meiosis (constriction of the pupils), as well as some cases of dilated (wide open) pupils. Numerous victims unable to flee the building collapsed shortly after exposure.”

You can download those missing pages here.

All of this is a vital preface to a second report from the New York Times: a reconstruction of the attack on that apartment building presented in Augmented Reality here.

The still above will probably look familiar to regular readers, because the reconstruction relies in large measure on the work of Eyal Weizman‘s Forensic Architecture agency and contributions from Eliot Higgins‘s Bellingcat (the image at the head of this post is taken from one of its tweets. ) The NYT again:

We were unable to visit Douma. But to get to the truth of what happened, we forensically analyzed the visual evidence unwittingly provided by the Russian reports. Combining those pictures with other videos filmed by Syrian activists, we reconstructed a 3-D model of the building, the balcony and the bomb, in partnership with Goldsmiths, University of London research agency, Forensic Architecture.

The reconstruction brought a virtual crime scene to us. We could inspect how the bomb related to the trove of visual evidence around it, the debris strewn across the balcony, the bomb’s design, the architecture of the rooftop, the damage inscribed on the bomb’s casing, the hole punctured in the roof, and how the bomb penetrated into the room beneath.

Key pieces of evidence indicate that this bomb was not planted, as officials claimed, but dropped from a Syrian military helicopter. The evidence supports chlorine was involved. And it affirmed when it happened — on the evening of April 7, a time frame that is consistent with witness reports and interviews of that day.

The analysis confirms the narrative I set out in Gas Masques, but adduces several other evidentiary or inferential details.  In particular, it reveals that the apartment building (lower left in the diagram below) was located on a street that was regularly used by ambulances ferrying casualties to reach an underground tunnel that gave access to the only functioning hospital in Douma (upper right) – and may have been attacked for that very reason.

The reconstruction that follows included: geo-locating the building and plotting the locations of 34 victims on two floors and the stairwell (below) –

– analysing imagery of the bomb and its residues and fragments from cellphones and from video broadcast by Russian and Syrian agencies to show that the bomb had been rigged to fall from a helicopter (a standard tactic), a finding that reinforces the observed flightpaths from Dumayr Air Base that evening –

– and, finally, devastating film of the victims whose bodies, so experts confirmed, exhibit signature symptoms of exposure to chlorine gas at highly concentrated levels.  They do not rule out the use of other chemical agents, but they also conclude that the casualties did not die from a conventional weapons attack (see my discussion of Robert Fisk‘s reporting in Gas Masques) and neither were they somehow staged (I also discuss this in detail in that same essay).

Many of the victims had been sheltering the in the basement from the bombardment; smelling chlorine, the report concludes, they ran up the stairs towards the top floors of the building – the usual response, since chlorine is heavier than air – not knowing that the gas had been released from a bomb on the roof….

It’s an appropriately corrosive report, and you can watch the full 12-minute video here.  Please do.

Cinematic Corpographies

News from Eileen Rositzka of her new book, Cinematic Corpographies: Re-Mapping the War Film Through the Body.  We’ve been corresponding since she started work on the project at St Andrews (she’s now at the Free University of Berlin), and I’m thrilled to see it in print (and on my screen):

Writing on the relationship between war and cinema has largely been dominated by an emphasis on optics and weaponised vision. However, as this analysis of the Hollywood war film will show, a wider sensory field is powerfully evoked in this genre. Contouring war cinema as representing a somatic experience of space, the study applies a term recently developed by Derek Gregory within the theoretical framework of Critical Geography. What he calls “corpography” implies a constant re-mapping of landscape through the soldier’s body. These assumptions can be used as a connection between already established theories of cartographic film narration and ideas of (neo)phenomenological film experience, as they also entail the involvement of the spectator’s body in sensuously grasping what is staged as a mediated experience of war. While cinematic codes of war have long been oriented almost exclusively to the visual, the notion of corpography can help to reframe the concept of film genre in terms of expressive movement patterns and genre memory, avoiding reverting to the usual taxonomies of generic texts.

Contents include:

Measuring the Trenches: Corpographies of the First World War

From Above and From Within: Aerial Views and Corpographic Transformations in the WWII Combat Film

Dismembering War: Touch and fragmentation in Anthony Mann’s Men in War

Uncharting Territories: The Vietnam War’s Shattering of the Senses

Zero Dark Thirty: Corpographies of the War on Terror