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"WAR DAMAGES"
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War damages compensation: a case study on Ukraine version 1; peer review: 1 approved
by
Izarova, Iryna
,
Hartman, Yuliia
,
Nate, Silviu
in
reimbursement for damage; war damages compensation; war in Ukraine; settlement of disputes; transitional justice
2023
Russia's illegal, brazen and cynical full-scale invasion of Ukraine began on February 24th, 2022, and is still ongoing at the time of this research (July 2023). The damages incurred by Ukraine and its citizens during the years of occupation of the territories and the war are calculated in millions, although it is difficult to definitively determine both the methodology and specific numbers. To restore justice, it seems much more important to define a fair, transparent, and understandable procedure for compensating the losses suffered by citizens and businesses as a result of these events. This is especially important in the context of the need to implement the goals of sustainable development, in particular, ensuring equal access to justice for all. The article is devoted to these and related issues. To determine the procedure for compensating losses and damages caused by the war, we first determined what exactly can be compensated and who can apply for compensation. These and other factors determine the peculiarities of the procedure for the restoration of rights and compensation for damage caused by the war in Ukraine. In searching for an answer to the researched question, we analyzed the current legislation of Ukraine and draft laws proposed to regulate relations related to compensation for damages. We also conducted a comprehensive analysis of concepts such as losses, damages, compensation, reparations, and reimbursement as defined in national legislation and international treaties. The generalization of the case law of national courts (more than 200 analyzed decisions of the courts of the first and appeal and cassation instances for the period from February 20, 2014 to March 1, 2023, examples of which are presented in the study) indicates the presence of various approaches of compensation for damage, in understanding how to restore the violated rights of citizens.
Journal Article
The International Responsibility of NATO and Its Personnel during Military Operations
by
Nauta, David
in
North Atlantic Treaty Organization
,
Peacekeeping forces
,
Tort liability of international agencies
2017,2018
In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan. After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO's responsibility for wrongful conduct during its military operations. This timely book deals with the international responsibility of NATO during military operations. It examines, the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.
The disposition of building evacuation sites and war‐damage reconstruction in Sendai The projects and the relationships among public entities for the conversion of evacuation sites into urban planning sites
2021
The purpose of this paper is to clarify the state of the disposition of building evacuation sites in Sendai, including the processes and background, whilst considering the project environment surrounding the disposition in central ministries and Sendai. The Home Ministry, which had been responsible for building evacuation during the wartime period, consistently promoted the conversion of evacuation sites into urban planning sites immediately following the end of World War II. The Ministry of Transport and the War‐Damage Reconstruction Institute also planned to convert evacuation sites into urban planning sites and railway land. Therefore, in Sendai, there were plans to convert two evacuation sites into streets. However, due to differences in the project environment surrounding the disposition of evacuation sites; such as the number of evacuated houses, required expenses, regional characteristics, and differences in project characteristics; only one street was completed. Considering the influence of pre‐war urban planning on building evacuation, and thus war‐damage reconstruction: three streets coincided with preceding pre‐war plans, and the pre‐war urban planning street was taken over in a manner consistent with war‐damage reconstruction through building evacuation. During WWII, building evacuation, which was the destruction of houses to prevent fire from an air‐raid, had a major influence on the urban spaces of wartime Japan. In addition, the building evacuation sites were converted into urban planning sites during war‐damage reconstruction, becoming wide streets and leaving traces of the evacuation sites in present‐day urban spaces. In order to understand the entire conversion planning, this paper clarifies the state of the disposition of building evacuation sites in Sendai, including the processes and background, whilst considering the project environment surrounding the disposition in central ministries and Sendai.
Journal Article
The Politics of Redress
2010
This book focuses on the aftermath of World War II in Asia as described in a sobering and insightful history of two types of redress: compensation for material war damage and restitution of looted property. Japanese Army units and citizens stole goods while shelling and bombardment by all sides destroyed factories, offices and residential neighbourhoods. How were these cases of material damage and loss to be rectified, and who was to rectify them? What financial means and legal precedents were there to fall back on at a time of decolonization, independence struggle, and shifting alliances on the brink of the Cold War? The politics of redress makes an important contribution to the study of law and society in Southeast Asia. It lays bare the complex web of interconnections between politics, law and economy from a comparative historical perspective.
The Destruction of Memory
2016
Crumbled shells of mosques in Iraq, the fall of the World Trade Center towers on September 11: when architectural totems such as these are destroyed by conflicts and the ravages of war, more than mere buildings are at stake. The Destruction of Memory —now available in this accessible, pocket edition—reveals the extent to which a nation weds itself to its landscape. Robert Bevan argues that such destruction not only shatters a nation's culture and morale but is also a deliberate act of eradicating a culture's memory and, ultimately, its existence. Bevan combs through world history to highlight a range of wars and conflicts in which the destruction of architecture was pivotal. From Cortez's razing of Aztec cities to the carpet bombings of Dresden and Tokyo in World War II to the war in the former Yugoslavia, The Destruction of Memory exposes the cultural war that rages behind architectural annihilation, revealing that in this subliminal assault lies the complex aim of exterminating a people. He provocatively argues for \"the fatally intertwined experience of genocide and cultural genocide, \" ultimately proposing the elevation of cultural genocide from \"collateral damage\" to a crime punishable by international law.
The destruction of memory: architecture at war
2016
Crumbled shells of mosques in Iraq, the fall of the World Trade Center towers on September 11: when architectural totems such as these are destroyed by conflicts and the ravages of war, more than mere buildings are at stake. The Destruction of Memory-now available in this accessible, pocket edition-reveals the extent to which a nation weds itself to its landscape. Robert Bevan argues that such destruction not only shatters a nation's culture and morale but is also a deliberate act of eradicating a culture's memory and, ultimately, its existence. Bevan combs through world history to highlight a range of wars and conflicts in which the destruction of architecture was pivotal. From Cortez's razing of Aztec cities to the carpet bombings of Dresden and Tokyo in World War II to the war in the former Yugoslavia, The Destruction of Memory exposes the cultural war that rages behind architectural annihilation, revealing that in this subliminal assault lies the complex aim of exterminating a people. He provocatively argues for \"the fatally intertwined experience of genocide and cultural genocide,\" ultimately proposing the elevation of cultural genocide from \"collateral damage\" to a crime punishable by international law.
The destruction of memory
2016
The destruction of Nimrud and Palmyra, crumbled shells of mosques in Iraq, the fall of the World Trade Center towers on 9/11: when architectural totems such as these are destroyed by conflicts and the ravages of war, more than mere buildings are at stake. The Destruction of Memory, now with a new preface, argues that such destruction not only shatters a nation’s culture and morale but is a deliberate act of eradicating a culture’s memory and, ultimately, its existence. A film of the same name based on the book will be released in early 2016.
Protecting Buildings from Bomb Damage
by
National Research Council (U.S.). Commission on Engineering and Technical Systems
in
Building, Bombproof
,
Buildings
,
Buildings -- War damage
2000,1995
This book provides a brief overview of worldwide terrorist activity and reviews technologies and methods for designing blast resistant buildings. These techniques, primarily developed by the military, have applicability and relevance to the design of civilian structures. The volume recommends that a program of applied research and technology transfer be undertaken to hasten the availability and utility of these techniques to the civilian building community.
Warfare and wildlife declines in Africa’s protected areas
2018
Assessment of the impact of armed conflict on large herbivores in Africa between 1946 and 2010 reveals that high conflict frequency is an important predictor of wildlife population declines.
African wildlife compromised by conflict
The effect of armed conflict on wildlife populations is debated. Joshua Daskin and Robert Pringle assess the impact of armed conflict on 253 populations of large herbivores in protected areas across Africa, using data collected between 1946 and 2010. Armed conflict affected more than 70% of the studied areas over this period, with population growth rates decreasing with increased conflict frequency—the single most important predictor of wildlife population trends. The researchers suggest that sustained conservation efforts in conflict zones and rapid interventions following ceasefires could help to safeguard many at-risk populations and species.
Large-mammal populations are ecological linchpins
1
, and their worldwide decline
2
and extinction
3
disrupts many ecosystem functions and services
4
. Reversal of this trend will require an understanding of the determinants of population decline, to enable more accurate predictions of when and where collapses will occur and to guide the development of effective conservation and restoration policies
2
,
5
. Many correlates of large-mammal declines are known, including low reproductive rates, overhunting, and habitat destruction
2
,
6
,
7
. However, persistent uncertainty about the effects of one widespread factor—armed conflict—complicates conservation-planning and priority-setting efforts
5
,
8
. Case studies have revealed that conflict can have either positive or negative local impacts on wildlife
8
,
9
,
10
, but the direction and magnitude of its net effect over large spatiotemporal scales have not previously been quantified
5
. Here we show that conflict frequency predicts the occurrence and severity of population declines among wild large herbivores in African protected areas from 1946 to 2010. Conflict was extensive during this period, occurring in 71% of protected areas, and conflict frequency was the single most important predictor of wildlife population trends among the variables that we analysed. Population trajectories were stable in peacetime, fell significantly below replacement with only slight increases in conflict frequency (one conflict-year per two-to-five decades), and were almost invariably negative in high-conflict sites, both in the full 65-year dataset and in an analysis restricted to recent decades (1989–2010). Yet total population collapse was infrequent, indicating that war-torn faunas can often recover. Human population density was also correlated (positively) with wildlife population trajectories in recent years; however, we found no significant effect, in either timespan, of species body mass, protected-area size, conflict intensity (human fatalities), drought frequency, presence of extractable mineral resources, or various metrics of development and governance. Our results suggest that sustained conservation activity in conflict zones—and rapid interventions following ceasefires—may help to save many at-risk populations and species.
Journal Article