Raphaël Van Steenberghe
Biographic Data
| ID | 6547763 |
|---|---|
| NAME | Raphaël Van Steenberghe |
| GIVEN NAMES | Raphaël |
| FAMILY NAME | Van Steenberghe |
| SIGNATURE | VAN STEENBERGHE R |
| AFFILIATIONS | UCLouvain |
| ORCID | 0000-0003-2320-9686 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 13 |
| WORKS AS AUTHOR | 12 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 2 |
Enhanced labour protection for prisoners of war
The principle of prohibiting forced labour exists in both treaty and customary international law. However, there are limits to this prohibition, in that certain types of forced labour are actually permitted; this is the case for forced labour performed by prisoners of war (PoWs). This paper examines the legal regime applicable to such labour. It starts by setting out the current rules, following a brief historical review. It then explains the sho…
The armed conflict in Gaza, and its complexity under international law
The armed conflict in Gaza raises a series of questions under international law. The most significant questions concern the Israel’s use of force under jus ad bellum , the military operations conducted by the belligerents in relation to the law of armed conflict, and the proceedings brought before certain international courts, such as the International Criminal Court. This article examines each of these three issues in two stages. Firstly, it sho…
International environmental law as a means for enhancing the protection of the environment in warfare
The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and…
The impacts of human rights law on the regulation of armed conflict
Nowadays, human rights law significantly impacts the regulation of armed conflict through two main processes: the “interpretation process”, whereby international humanitarian law is interpreted in light of human rights law's norms or concepts, and the “application process”, whereby human rights law applies in armed conflict alongside international humanitarian law. These processes raise complex problems with respect to the interplay between the t…
The Interplay between International Humanitarian Law and International Environmental Law
It is well known that armed conflicts may cause extensive damage to the environment and that International Humanitarian Law (IHL) is lacking any adequate protection against such damage. International Environmental Law (IEL) could therefore be used to fill the gaps. This nonetheless raises the complex issue of the interplay between that body of law and IHL. This article intends to provide a comprehensive framework on such interplay, the originalit…
Who Are Protected by the Fundamental Guarantees under International Humanitarian Law? Part 1
International humanitarian law provides for fundamental guarantees, the content of which is similar irrespective of the nature of the armed conflict, and which are applicable to individuals even if they do not fall into the categories of specifically protected persons under the 1949 Geneva Conventions. Those guarantees, all of which derive from the general requirement of human treatment, include prohibitions of specific types of conduct against p…
Who Are Protected by the Fundamental Guarantees under International Humanitarian Law? Part 2
International humanitarian law provides for fundamental guarantees, the content of which is similar irrespective of the nature of the armed conflict and which apply to individuals even if they do not fall into the categories of specifically protected persons under the Geneva Conventions. Those guarantees, all of which derive from the general requirement of human treatment, include prohibitions of specific conduct against persons, such as murder, …
Sources of International Humanitarian Law and International Criminal Law
This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attentio…
The Law of Self-Defence and the New Argumentative Landscape on the Expansionists’ Side
Recent developments in legal scholarship evidence that the orthodoxy on the law on the use of force has dramatically switched from a restrictivist to an expansionist perspective. This article seeks to analyse this recent shift, especially with respect to the law of self-defence, from an expansionist point of view. Its purpose is to examine the argumentative landscape which currently exists on the expansionists’ side about that law. It observes th…
The Obligation to Extradite or Prosecute
The obligation to extradite or prosecute is enshrined in numerous treaties, and it is now the subject of particular attention. On the agenda of the International Law Commission (ILC), it is also at the heart of the dispute brought by Belgium against Senegal before the International Court of Justice (ICJ). State practice and the debates both before the ILC and ICJ show that the non-treaty based status of the obligation remains unclear. This articl…
The Law against War or Jus contra Bellum
Inter-state use of force has always attracted much attention from international legal scholars. Many articles have been written on the subject. However, there are still a limited number of books addressing all the aspects of the contemporary prohibition on the use of force in a systematic way. Those written by Yoram Dinstein, Christine Gray, and Thomas Franck are certainly the best known in the English-speaking literature. This literature is now …
Self-Defence in Response to Attacks by Non-state Actors in the Light of Recent State Practice
This article analyses the recent state practice in which the right of self-defence has been invoked in order to justify the use of force in response to attacks by non-state actors. The main purpose of this analysis is to determine whether the law of self-defence has evolved through this practice. It is submitted that the latter confirms the tendency, evidenced by the US operation ‘Enduring Freedom’ in Afghanistan in 2001, towards allowing states …
The armed conflict in Gaza, and its complexity under international law
The armed conflict in Gaza raises a series of questions under international law. The most significant questions concern the Israel’s use of force under jus ad bellum , the military operations conducted by the belligerents in relation to the law of armed conflict, and the proceedings brought before certain international courts, such as the International Criminal Court. This article examines each of these three issues in two stages. Firstly, it sho…
Self-Defence in Response to Attacks by Non-state Actors in the Light of Recent State Practice
This article analyses the recent state practice in which the right of self-defence has been invoked in order to justify the use of force in response to attacks by non-state actors. The main purpose of this analysis is to determine whether the law of self-defence has evolved through this practice. It is submitted that the latter confirms the tendency, evidenced by the US operation ‘Enduring Freedom’ in Afghanistan in 2001, towards allowing states …
The impacts of human rights law on the regulation of armed conflict
Nowadays, human rights law significantly impacts the regulation of armed conflict through two main processes: the “interpretation process”, whereby international humanitarian law is interpreted in light of human rights law's norms or concepts, and the “application process”, whereby human rights law applies in armed conflict alongside international humanitarian law. These processes raise complex problems with respect to the interplay between the t…
The Law against War or Jus contra Bellum
Inter-state use of force has always attracted much attention from international legal scholars. Many articles have been written on the subject. However, there are still a limited number of books addressing all the aspects of the contemporary prohibition on the use of force in a systematic way. Those written by Yoram Dinstein, Christine Gray, and Thomas Franck are certainly the best known in the English-speaking literature. This literature is now …
International environmental law as a means for enhancing the protection of the environment in warfare
The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and…
The Interplay between International Humanitarian Law and International Environmental Law
It is well known that armed conflicts may cause extensive damage to the environment and that International Humanitarian Law (IHL) is lacking any adequate protection against such damage. International Environmental Law (IEL) could therefore be used to fill the gaps. This nonetheless raises the complex issue of the interplay between that body of law and IHL. This article intends to provide a comprehensive framework on such interplay, the originalit…
The Law of Self-Defence and the New Argumentative Landscape on the Expansionists’ Side
Recent developments in legal scholarship evidence that the orthodoxy on the law on the use of force has dramatically switched from a restrictivist to an expansionist perspective. This article seeks to analyse this recent shift, especially with respect to the law of self-defence, from an expansionist point of view. Its purpose is to examine the argumentative landscape which currently exists on the expansionists’ side about that law. It observes th…
Self-Defence in Response to Attacks by Non-state Actors in the Light of Recent State Practice
This article analyses the recent state practice in which the right of self-defence has been invoked in order to justify the use of force in response to attacks by non-state actors. The main purpose of this analysis is to determine whether the law of self-defence has evolved through this practice. It is submitted that the latter confirms the tendency, evidenced by the US operation ‘Enduring Freedom’ in Afghanistan in 2001, towards allowing states …
The Obligation to Extradite or Prosecute
The obligation to extradite or prosecute is enshrined in numerous treaties, and it is now the subject of particular attention. On the agenda of the International Law Commission (ILC), it is also at the heart of the dispute brought by Belgium against Senegal before the International Court of Justice (ICJ). State practice and the debates both before the ILC and ICJ show that the non-treaty based status of the obligation remains unclear. This articl…
The Law against War or Jus contra Bellum
Inter-state use of force has always attracted much attention from international legal scholars. Many articles have been written on the subject. However, there are still a limited number of books addressing all the aspects of the contemporary prohibition on the use of force in a systematic way. Those written by Yoram Dinstein, Christine Gray, and Thomas Franck are certainly the best known in the English-speaking literature. This literature is now …
The Law of Self-Defence and the New Argumentative Landscape on the Expansionists’ Side
Recent developments in legal scholarship evidence that the orthodoxy on the law on the use of force has dramatically switched from a restrictivist to an expansionist perspective. This article seeks to analyse this recent shift, especially with respect to the law of self-defence, from an expansionist point of view. Its purpose is to examine the argumentative landscape which currently exists on the expansionists’ side about that law. It observes th…
Sources of International Humanitarian Law and International Criminal Law
This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attentio…
Who Are Protected by the Fundamental Guarantees under International Humanitarian Law? Part 1
International humanitarian law provides for fundamental guarantees, the content of which is similar irrespective of the nature of the armed conflict, and which are applicable to individuals even if they do not fall into the categories of specifically protected persons under the 1949 Geneva Conventions. Those guarantees, all of which derive from the general requirement of human treatment, include prohibitions of specific types of conduct against p…
Who Are Protected by the Fundamental Guarantees under International Humanitarian Law? Part 2
International humanitarian law provides for fundamental guarantees, the content of which is similar irrespective of the nature of the armed conflict and which apply to individuals even if they do not fall into the categories of specifically protected persons under the Geneva Conventions. Those guarantees, all of which derive from the general requirement of human treatment, include prohibitions of specific conduct against persons, such as murder, …
The impacts of human rights law on the regulation of armed conflict
Nowadays, human rights law significantly impacts the regulation of armed conflict through two main processes: the “interpretation process”, whereby international humanitarian law is interpreted in light of human rights law's norms or concepts, and the “application process”, whereby human rights law applies in armed conflict alongside international humanitarian law. These processes raise complex problems with respect to the interplay between the t…
The Interplay between International Humanitarian Law and International Environmental Law
It is well known that armed conflicts may cause extensive damage to the environment and that International Humanitarian Law (IHL) is lacking any adequate protection against such damage. International Environmental Law (IEL) could therefore be used to fill the gaps. This nonetheless raises the complex issue of the interplay between that body of law and IHL. This article intends to provide a comprehensive framework on such interplay, the originalit…
International environmental law as a means for enhancing the protection of the environment in warfare
The protection of the environment during warfare attracted significant attention in the 1990s, especially after the 1990–91 Gulf War. It became clear at that time that the few rules provided by international humanitarian law (IHL) aimed specifically at protecting the environment were insufficient. Various studies have since been undertaken with the aim of strengthening that protection from an IHL perspective. It is only recently that scholars and…
Enhanced labour protection for prisoners of war
The principle of prohibiting forced labour exists in both treaty and customary international law. However, there are limits to this prohibition, in that certain types of forced labour are actually permitted; this is the case for forced labour performed by prisoners of war (PoWs). This paper examines the legal regime applicable to such labour. It starts by setting out the current rules, following a brief historical review. It then explains the sho…
The armed conflict in Gaza, and its complexity under international law
The armed conflict in Gaza raises a series of questions under international law. The most significant questions concern the Israel’s use of force under jus ad bellum , the military operations conducted by the belligerents in relation to the law of armed conflict, and the proceedings brought before certain international courts, such as the International Criminal Court. This article examines each of these three issues in two stages. Firstly, it sho…
International Law and Human Rights (12 works) · Political science (12 works) · Global Peace and Security Dynamics (11 works) · Law (11 works) · International law (10 works) · Law (10 works) · Computer Science (8 works) · International humanitarian law (8 works) · Sociology (7 works) · Law and economics (6 works)