PHAP: Learning sessions and webinars

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Learning session: Detention in non-international armed conflict (Humanitarian Law and Policy) Dec 09, 2016

Show notes

Understanding the legal bases for detention is important for those working in situations of armed conflict, even if they are not focusing on the issue in their work. However, while detention in international armed conflicts is regulated in detail under international humanitarian law (IHL), the situation in non-international armed conflicts (NIACs) is less clear.
Knowing the basics of this topic and its current state of discussion has become essential. The debate has been further intensified after the ruling on the 2014 Serdar Mohammed case against UK authorities regarding unlawful detention, in which IHL was considered neither authorizing nor regulating detention in NIACs. The issue becomes further complicated when dealing with internationalized NIACs as in Iraq or Afghanistan, where the application of international human rights law or domestic law by one state in the territory of another state has been questioned.
In this learning session, Professor Gabor Rona will provide PHAP members with an introduction to legal frameworks applicable to detention in armed conflict and the existing legal debate regarding detention in NIACs, followed by an opportunity for questions and answers.
Read more about the session and access related resources at https://phap.org/15nov2016

Learning session: NGO access to pooled funding (Humanitarian Financing) Dec 09, 2016

Show notes

Pooled funds have enabled more timely and flexible funding for responding to sudden humanitarian crises, and have made it possible to operate in otherwise underfunded emergency settings. In the context of the World Humanitarian Summit, the UN Secretary-General (SG) recommended that member states and other donors should double the Central Emergency Response Fund (CERF) to $1 billion, with the Grand Bargain calling for an exploration of whether NGOs could directly access CERF. The SG also called to increase the aid funneled through the Country-based Pooled Funds (CBPFs) to 15 per cent by 2018. Given the current and growing importance of pooled funding, it is important that humanitarian NGOs understand how these mechanisms function and how they can be accessed in order to be part of improving the overall response to humanitarian crises.
NGOs are also managing a growing number of pooled funding mechanisms. The START fund (established and managed by a consortium of NGOs) is providing a quick alternative avenue for NGOs to access timely humanitarian funding. The NEAR Network is exploring options for NGO-run pooled funds at the local level.
In the third session of the learning stream on humanitarian financing, jointly organized by ICVA and PHAP, participants were provided with an overview of the different existing pooled funding mechanisms with a focus on the CBPFs, and pooled funds managed by NGOs. Guest experts also addressed current challenges and opportunities regarding NGO access to pooled funds, followed by an opportunity to questions and answers.
Read more and access related resources at https://phap.org/10nov2016

Learning session: Bilateral funding for humanitarian action (Humanitarian Financing) Dec 07, 2016

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Funding agreements between implementing organizations and donors can significantly reduce transfer and administrative costs, but such direct funding relationships can also lead to challenges and additional burdens for NGOs. Different rules and processes between donors, pre-qualification requirements, delayed disbursements, and overly restrictive budget lines have long been common issues faced by NGOs. While there are initiatives to improve this situation, notably through the "Grand Bargain," the donor landscape has become more complex with the growing importance of so-called "emerging donors" for humanitarian work.
The fourth session of the learning stream on humanitarian financing, organized by ICVA and PHAP, aimed to provide a clearer understanding of the changing context for NGOs and bilateral funding. Join this event to hear from speakers from the European Commission and the U.S. OFDA, as well as from NGOs with experience of working bilaterally with these two donors.
Read more and access related resources at https://phap.org/6dec2016

Expert Briefing: Hostile intent and civilian protection (Humanitarian Law and Policy) Nov 08, 2016

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Guest expert: Bonnie Docherty, Lecturer on Law and Senior Clinical Instructor at Harvard Law School’s International Human Rights Clinic
While some militaries have worked to reduce civilian casualties in armed conflict, greater attention should be paid to determinations of “hostile intent.” Troops have the right to fire in self-defense if someone demonstrates hostile intent, i.e., a “threat of imminent use of force,” but misidentifications of such intent have endangered civilians. Recent US operations, especially in Afghanistan and Iraq, show that militaries could improve civilian protection without jeopardizing troops’ lives by clarifying the rule and improving implementation.
Targeted at legal experts and humanitarian practitioners seeking an advanced understanding of rules related to civilian protection in armed conflict, this expert briefing featured a presentation by Bonnie Docherty from Harvard Law School on recent research carried out on the issue of hostile intent.
More information and resources at https://phap.org/8nov2016

Expert Briefing: War algorithms and international law (Humanitarian Law and Policy) Nov 01, 2016

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In this PHAP Expert Legal Briefing, Naz Modirzadeh and Dustin Lewis, from the Harvard Law School Program on International Law in Armed Conflict, explored developments in technology, accountability, and international law pertaining to armed conflict. The background concern is that in war, as in so many areas, power and authority are increasingly expressed algorithmically. Advancements in artificial intelligence and robotics may implicate—and possibly transform—numerous aspects of armed conflict. For instance, increasingly sophisticated forms of technical autonomy may affect the conduct of hostilities (including the development and use of “autonomous weapons”). But they also might relate to other elements pertaining to war, such as guarding and transporting detainees, providing medical care, and delivering humanitarian assistance.
The presenters summarized a recent report from the Harvard Law School Program on International Law and Armed Conflict. That report introduces a new concept—war algorithms—that aims to elevate algorithmically-derived “choices” and “decisions” to a central concern regarding technical autonomy in war. The report defines a “war algorithm” as any algorithm that is expressed in computer code, that is effectuated through a constructed system, and that is capable of operating in relation to armed conflict. Through the “war algorithms” lens, the presenters linked international law and related accountability architectures to relevant technologies.
Read more and access related resources on https://phap.org/1nov2016

OLS HLP 19. Legal protection of refugees Oct 22, 2016

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Guest expert: Jean-François Durieux
The 1951 Refugee Convention was a major advance for the protection of people under persecution, defining the concept of refugees and the legal obligation of States to provide them with protection. However, the current system has been put under great stress by the scale and complexity of recent developments, which was the motivation for organizing the UN High-Level Plenary on Addressing Large Movements of Refugees and Migrants in September 2016. Having an understanding of the relevant legal frameworks for the protection of refugees is, in this context, critical for those working in the humanitarian sector.
This learning session provided an introduction to refugee law and other legal frameworks granting protection to refugees. Participants were provided with a presentation on the fundamental concepts in these legal frameworks and their legal and operational limitations. Following this, there was an opportunity for questions.
Read more and access session resources at https://phap.org/21oct2016

Learning Session: UN humanitarian funding – demystifying NGO access (Humanitarian Financing) Oct 17, 2016

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UN agencies often partner with international and local NGOs to implement humanitarian assistance and protection. NGOs, on their part, are faced with the challenge of understanding and dealing with different, and often complex, UN partnership frameworks. Understanding how these frameworks function, and how humanitarian funding through the UN is evolving, was the topic of the second session of the learning stream on humanitarian financing, jointly organized by ICVA and PHAP.
In this session, experts from two major agencies – the UN High Commissioner for Refugees (UNHCR) and the World Food Program (WFP) – presented their organizations’ approaches to implementing partnerships and discussed challenges related to the existing funding modalities together with an NGO representative. Participants were provided with an overview of key procedures, as well as trends and challenges regarding UN humanitarian funding opportunities for NGOs.
Read more at https://phap.org/12oct2016

OLS HLP 18. Protection of Cultural Heritage in Armed Conflict Sep 30, 2016

Show notes

Guest expert: Kristin Hausler, BIICL
Co-hosts: Noëlle Quénivet and Angharad Laing
In addition to the loss of human life and creating severe humanitarian crises, the destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq, and in the recent conflict in Mali. For example, this issue recently came into the spotlight in September 2015, when the International Criminal Court (ICC) Prosecutor’s Office opened the first ever war crime case for destruction of cultural heritage during the 2012 military coup d’état in Mali, where rebel groups considerably damaged Timbuktu’s cultural sites and historical monuments.
In this learning session, Kristin Hausler of the British Institute of International and Comparative Law (BIICL) provided an introduction to the current legal frameworks that protect cultural heritage during both international and non-international armed conflicts, and how they apply to state actors and non-state armed groups.
Read more at https://phap.org/29sep2016

Learning session: The humanitarian financing landscape (Humanitarian Financing) Sep 16, 2016

Show notes

Humanitarian financing worldwide is changing – how does it impact NGOs active in humanitarian work? In the first learning session on demystifying humanitarian financing, organized jointly by ICVA and PHAP, experts from OECD, Development Initiatives, and World Vision gave presentations and answered questions regarding the current state of humanitarian financing and how recent trends are affecting NGOs.
The first session of this series concentrated on the current realities and emerging trends of humanitarian financing. Participants will be provided with an overview of the different traditional and emerging financing streams coexisting in the humanitarian sector, with a focus on how NGOs access humanitarian funding and the challenges they currently face.
Read more at https://phap.org/15sep2016

Expert Briefing: The humanitarian exemptions debate (Humanitarian Law and Policy) Jul 20, 2016

Show notes

With Naz K. Modirzadeh and Dustin A. Lewis, Harvard Law School Program on International Law and Armed Conflict (PILAC)
Thirteen of the sanctions regimes established by the U.N. Security Council could implicate key elements of principled humanitarian action. Those sanctions might affect humanitarian programming in numerous contexts, including the Central African Republic, the Democratic Republic of the Congo, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Some see “humanitarian exemptions” as a way to resolve possible conflicts between sanctions and principled humanitarian action. But what are “humanitarian exemptions”? Who and what do and should they cover? And what is the debate surrounding them?
At this expert online briefing, Naz K. Modirzadeh and Dustin A. Lewis of the Harvard Law School Program on International Law and Armed Conflict (PILAC) synthesized recent research in order to:
- Summarize the legal status, content, and nature of relevant U.N. sanctions regimes;
- Define and analyze the two general categories of “humanitarian exemptions” (those for designated individuals and for the humanitarian sector);
- Highlight the stakes and interests in the debate on whether such exemptions may be desirable and feasible or may be inadvisable and impracticable;
- Explain some of the few existing and limited exemptions at the international and domestic levels; and
- Discuss the perceived benefits and costs of suggested “humanitarian exemptions.”
Read more at https://phap.org/19jul2016

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