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  • 1.
    Argren, Rigmor
    Örebro University, School of Law, Psychology and Social Work.
    A Gender-Sensitive Reading of the Obligation to Prevent War Crimes Under the Law of Armed Conflict2023In: Legal Issues of International Law from a Gender Perspective / [ed] Ivana Krstić; Marco Evola; Maria Isabel Ribes Moreno, Springer, 2023, p. 91-112Chapter in book (Refereed)
    Abstract [en]

    The Law of Armed Conflict is an inherently male-normative branch under international law. Taking effect in situations of armed conflict, a context traditionally associated with masculinity, the law serves the purpose to: (a) set rules for conduct of warfare, and (b) ensure legal protection for those who are not taking actively part in the conflict. There are several distinct legal provisions that require States to take measures beforehand, that is, preventive measures, where the aim is to prevent future violations (including grave breaches) of the Law of Armed Conflict, should armed conflict erupt. The purpose of this paper is to explore what insights a feminist reading of the obligation to prevent war crimes might bring to the table. The analysis applies thoughts from feminist legal theory to the Law of Armed Conflict as a preventive legal regime. Furthermore, with regards to the preventive features, it is discussed how gender perspectives can purposefully be included in training and education for the civilian population and for members of the armed forces. In this paper, it is argued that a gender-sensitive reading of the law is required to ensure that war crimes are duly prevented. This would have to include war crimes other than acts of sexual violence, as arguably, the impact of certain war crimes, such as indiscriminate destruction of homes and the destruction of livelihoods may have an unduly heavy impact on women, obscured by hegemonic masculine perceptions. Therefore, particular mechanisms that enable gender-sensitivity should be established beforehand, in order for a State to fully fulfill its obligation to prevent all war crimes.

  • 2.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences. Örebro University, BSR.
    Application of Article 18: Seeking to Uphold the Rule of Law under the ECHR2024In: Rule of Lawin a Transitional Spectrum / [ed] Rigmor Argren, Uppsala: Iustus förlag, 2024, 1, p. 215-236Chapter in book (Refereed)
    Abstract [en]

    The rule of law, a fundamental principle of European democratic societies, ensures that laws are clear, consistent, and applied without arbitrariness. Should the respect for the rule of law begin to backslide, Article 18 of the European Convention on Human Rights (ECHR) is meant to function as a safety device. This chapter begins by tracing how the notion of the rule of law, not a justiciable right under the ECHR as such, has been conceptualised by the European Court of Human Rights (ECtHR) and positioned in relation to the said Treaty. Next, the chapter outlines the linkage between the rule of law and the notion of European public order. Thereafter, the potential power of Article 18 is explored in relation to the anticipated function of preventing a decline in the respect for the rule of law. Additionally, the chapter traces the history of applying Article 18 and indicates unclear areas that remain with regard to the use of this provision. Furthermore, the chapter highlights the pros and cons of the contextual references increasingly relied on by the ECtHR in Article 18 judgments.

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    Application of Article 18: Seeking to Uphold the Rule of Law under the ECHR
  • 3.
    Argren, Rigmor
    Örebro University, School of Law, Psychology and Social Work.
    Combatting Climate Change: A Matter of Human Rights2021In: Law and Sustainable development: Swedish Perspectives / [ed] Eleonor Kristoffersson; Mais Qandeel, Uppsala: Iustus förlag, 2021, p. 167-196Chapter in book (Other academic)
    Abstract [en]

    This chapter explores to what extent the European Court of Human Rights (ECtHR) could be a forum for climate change litigation, with particular attention paid to the right to information. More specifically, this chapter analyses how the human right to information, (as an integral part of freedom of expression) and the right to information about the environment (emanating from the right to respect for family life and home) may relate to climate change.

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    Combatting Climate Change: A Matter of Human Rights
  • 4.
    Argren, Rigmor
    Örebro University, School of Law, Psychology and Social Work.
    Kollegialt lärande i en rättsvetenskaplig praktikgemenskap – ett pilotprojekt2021Report (Refereed)
    Abstract [en]

    This report presents results from a pedagogical project focusing peer-review on teaching within the legal sciences at Örebro University. The model which was explored is based on teachers working in groups of three: This allowed each teacher to receive feedback on their teaching, give feedback to a colleague and to observe the process. The report notes that lack of knowledge about concepts and disagreement about criteria for and indicators of successful teaching in legal science made it harder to provide substantial feedback on the teaching. The report suggests that increased knowledge about a conceptual framework would lead to better quality feedback in similar future projects. At the same time such framework could become a foundational element in a community of practice within the legal sciences. 

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    Fri fulltext
  • 5.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Making children's right to information meaningful in humanitarian crises2023In: Child Rights in Humanitarian Crisis: improving action and response / [ed] Rigmor Argren; Jessica Jonsson, Abingdon: Routledge, 2023, 1, p. 37-55Chapter in book (Other academic)
    Abstract [en]

    The right to information, an integral part of freedom of expression, is protected by several provisions under international law. This chapter compares Article 13 of the Convention on the Rights of the Child with the corresponding provisions in Article 19 of the International Covenant on Civil and Political Rights. It is noted that the provisions of the latter are distinctively adult-centric, with a historically strong tendency towards protection of civil and political rights. It should nonetheless be remembered that Article 19 of the Covenant also applies to children. Article 13 of the Convention on the Rights of the Child must therefore be given its own distinctive meaning to add value to the legal protection of the child. This is even more vital for children in humanitarian crises. Child-specific legal protection of the right to information can be achieved when the right to information is combined with provisions protecting the child’s right to survival and development. Furthermore, only when children have access to information comprising three separate layers can it be safely assumed that their right to information has been made meaningful in humanitarian crises.

  • 6.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Permissive Use of Biometric Data in a Transitional Spectrum2023Conference paper (Refereed)
    Abstract [en]

    Technical developments have made it possible to identify people by biometrics. The concept ‘biometrics’ refers to an individual’s characteristics and to a process. As for a person’s characteristics, the term captures both biological and behavioral features.[1] The process, on the other hand, entails automated capturing and processing of such characteristics. The use of biometrics – e.g. establishing identity by use of new technology through scanning individuals and cross-referencing their biometric data with existing databases – is on the increase, for civilian as well as non-civilian uses, for counter-terrorism activities and beyond. This raises a number of legal questions, in several legal areas. For the purpose of this research, the focus is on the interplay between the legal regimes of European Convention on Human Rights (ECHR) and the International Law of Armed Conflict (LOAC). In this way, the research seeks to cover State obligations, (what the State can do, must do, or is not at all permitted to do) in the transitional spectrum from ‘normal peace-time’ to armed conflict.

    It is no longer a controversial position to hold that human rights law remains applicable also during armed conflict. Furthermore, human rights law is applicable to conflict, subject only to derogation. Lastly, when LOAC and human rights apply, LOAC is considered lex specialis, meaning it will trump human rights law in times of armed conflict if there are situations when the regimes are so much at odds that they cannot be reconciled. This may seem pretty straightforward, but if a human rights body such as the European Court of Human Rights (ECtHR) seeks to take account of LOAC in any way, first the applicability of the latter must be determined. On the other hand, turning to the ECtHR may be an effective way to redress for those who seek a remedy when a State has failed to comply with the laws. (No such option exists under LOAC).  This has given rise to a growing corpus of case-law considering potential human rights violations during armed conflict. However, the use of biometrics by armed forces (or private actors, on account of the armed forces, or the State) is certainly not limited to the context of armed conflict. In fact, the use of biometrics in ‘normal peace-time’ continues to increase, for counter-terrorist activities as well as more general security measures. In this regard, a primary human rights concern pertains to the right to privacy. The substantive right to private life is recognized in all major human rights treaties and in many national constitutions. It should be noted that the usage of biometrics throughout the transitional spectrum, is likely to engage additional substantial rights protected by the ECHR. This could include but is not limited to, the right to life (Article 2), the right to liberty and security (Article 5) the right to an effective remedy (Article 13), and naturally, the right to non-discrimination (Article 14). Furthermore, it is foreseeable that the right to freedom of expression (Article 10), which incorporates the right to information may also come into play, as will the protection of specific procedural rights developed and consolidated by the ECtHR in its case law. 

    Although the application of the ECHR in matters with a nexus to armed conflict generally speaking can be seen as a comparatively more recent development, the ECtHR was first seized by the broader issue of data handling and the right to private life almost 35 years ago, in the case Leander v Sweden.[2] Since then, the notion of digital privacy, as a sub-category of the right to private life has continued to emerge. Furthermore, the right to private life, as protected by Article 8 of the ECHR, has also expanded to protect biometric privacy. It is clear from the case-law, that the ECtHR is aware of the data-life cycle in that the ECtHR takes a three-pronged approach, and is scrutinizing 1) the collection, 2) retention and 3) disclosure of all data, not limited to biometrics.

    Analysing the inter-play between LOAC and ECHR regarding biometrics and seeking to cover the transitional spectrum gives rise to numerous legal questions. For example: What obligations does a State party to the ECHR have with regard to biometrics and the right to private life under Article 8 a) In peace time? b) When the life of the nation is threatened? c) in armed conflict? What are the positive obligations of a State, what actions are required from the State vis-à-vis third-party actors? To what extent can a State lawfully derogate from Article 8 obligations in relation to biometrics? What questions of extra-territorial jurisdiction may foreseeably arise by the use of biometrics? Is non-compliance with Article 36 of the 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts pertaining to biometrics potentially of concern to the ECtHR? 

    This paper investigates the relationship between LOAC and human rights law as protected under the ECHR with specific regard to the use of biometrics, and discuss some of the essential questions raised above. In order to do so, it first briefly outlines the key advancements made concerning the inter-play between LOAC and the ECHR (section I). In this manner, the discussion seeks to cover the transitional spectrum from peace-time to non-international and international armed conflict alike. Next, the notion of biometrics is seen through the lens of the ECHR which protects the right to private life, and the sub-group of data privacy, including biometrics under Article 8 (section II). This is followed by a discussion concerning additional substantial rights that may come into play (section III) and procedural rights protected by the ECHR, such as the right to effective remedies (section IV). Then, the paper reconnects with the transitional spectrum, and some concepts that may be highly relevant to the use of biometrics such as derogations and extraterritorial jurisdiction are highlighted (section V). The article concludes with final remarks (section VI).

     [1] Examples of behavioral features include blinking patterns, a person’s gait, driving styles or patterns of a person’s preferred game strategies. Biological characteristics include aspects of electromagnetic signals generated by heart and brain, voice characteristics, face-recognition, fingerprints, iris recognition, DNA or hand veins.[2] ECtHR, Leander v Sweden (Application no. 9248/81), Judgment, 26 March 1987. The question concerned whether or not allowing the data subject access to the information security authorities held about him violated his right to privacy. 

  • 7.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Rule of Law in a Transitional Spectrum2024Collection (editor) (Refereed)
    Abstract [en]

    This anthology is a collection of scholarly articles drawn from a series of digital webinars entitled The Rule of Law Series, hosted by Juridicum at Örebro University Sweden, during the corona pandemic in 2021. In December 2022, participants from the webinars were invited to anonsite workshop at Örebro University entitled The Rule o fLaw in a 2022 Year’s Context – Unpredictability, Digitalisationand Crises. At the workshop additional scholars interested in aspects of rule of law joined the discussions. A second round of webinars was convened in the spring 2023, which extended the network of interested researchers even further.

    In this book, the rule of law kaleidoscope is examined thoroughly, and called into question. The volume contributions range from tax law, the role of the courts (specifically the EU and Strasbourg courts), digitalisation, environmental law, criminal law, and civil law. The collective enquiry undertaken in this book is guided by curiosity and a sincere desire to widely explore the adjustment and recalibration of the concept ’rule of law’ that may be required today. All is done with a desire to ensure that the rule of law remains viable in a transitional spectrum.

  • 8.
    Argren, Rigmor
    Örebro University, School of Law, Psychology and Social Work.
    Teaching Law of Armed Conflict with Virtual Reality2024In: Teaching International Law: Reflections on Pedagogical Practice in Context / [ed] Jean-Pierre Gauci; Barrie Sander, Routledge, 2024, 1stChapter in book (Refereed)
    Abstract [en]

    The use of virtual reality has increasingly come within reach of regular teaching in academia. The cost of the required hardware has dropped significantly, and the technique is simple enough for a layperson to use. The accelerating development of new teaching technologies prompts the question of to what extent new means and methods of teaching may make a complex topic such as the international law of armed conflict more digestible to students.

    This chapter analyses both the opportunities and constraints of using virtual reality as a teaching method in international law of armed conflict courses. It provides some points of reference for teachers in international law who wish to introduce the use of new technology in their teaching methods. There are several specific questions that need to be addressed. What can applying the means and methods of virtual reality bring to a course on the international law of armed conflict? What are the necessary considerations for teachers to consider beforehand? How does one ensure that pedagogical considerations determine the use of technical tools rather than allowing technology to drive pedagogic decisions? As will be revealed in this chapter, the latter question is of particular concern in relation to the international law of armed conflict. In order to answer these questions, it is first necessary to establish a theoretical framework for teaching law at university. Next, this chapter discusses learning objectives for the international law of armed conflict and how they can be reconciled with virtual reality paradigms. Then the paper highlights some precautions to consider regarding introducing virtual reality in classes. Lastly, concluding remarks are provided.

  • 9.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences.
    The Complementary Application of International Human Rights Law and the Law of Armed Conflict2023Conference paper (Other academic)
    Abstract [en]

    It is no longer seen as controversial to hold that International Human Rights Law (IHRL) remains applicable during armed conflict, possibly subject to permissive limitations and derogations to some human rights. Although the Law of Armed Conflict (LOAC) in the debate has been referred to as lex specialis in relation to IHRL, this does neither automatically nor categorically mean that LOAC will take precedence over IHRL in all situations arising during an armed conflict. Therefore, this paper briefly discusses how a conflict between IHRL and LOAC norms can be handled in public international law. First, it is examined how the International Court of Justice has shifted it’s position concerning the relationship between IHRL and LOAC. Second, it is argued that actual purpose of conduct must determine which legal framework is the appropriate starting point when assessing the lawfulness of the said conduct. Lastly, the paper closes by concluding that examining norm by norm to determine the appropriate legal framework for a given conduct is far more promising than concluding that one legal framework categorically repeals another legal regime.

  • 10.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences.
    The Complementary Application of International Human Rights Law and the Law of Armed Conflict2023Conference paper (Refereed)
    Abstract [en]

    It is no longer seen as controversial to hold that International Human Rights Law (IHRL) remains applicable during armed conflict, possibly subject to permissive limitations and derogations to some human rights. Although the Law of Armed Conflict (LOAC) in the debate has been referred to as lex specialis in relation to IHRL, this does neither automatically nor categorically mean that LOAC will take precedence over IHRL in all situations arising during an armed conflict. Therefore, this paper briefly discusses how a conflict between IHRL and LOAC norms can be handled in public international law. First, it is examined how the International Court of Justice has shifted it’s position concerning the relationship between IHRL and LOAC. Second, it is argued that actual purpose of conduct must determine which legal framework is the appropriate starting point when assessing the lawfulness of the said conduct. Lastly, the paper closes by concluding that examining norm by norm to determine the appropriate legal framework for a given conduct is far more promising than concluding that one legal framework categorically repeals another legal regime.

  • 11.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences.
    The Obligation to Prevent Environmental Harm in Relation to Armed Conflict2023In: International Review of the Red Cross, ISSN 1816-3831, E-ISSN 1607-5889, Vol. 105, no 924, p. 1208-1226Article in journal (Refereed)
    Abstract [en]

    The scope of protection of the environment in relation to armed conflict has continued to expand since the issue was first introduced on the international agenda in the 1970s. Today, it is recognized that the environment is a prima facie civilian object and as such it is entitled to the same layers of protection during an armed conflict as any civilian person or object. Thus, there is a legal obligation to prevent environmental harm in armed conflict, before the event. Given the magnitude of environmental damage that can be anticipated in relation to armed conflict, the obligation to prevent such damage in the first place is critical. In this regard, it is important to note that the legal obligation to prevent environmental harm originates from international environmental law. Furthermore, the obligation to prevent harm is an ongoing obligation. This article illustrates that the general preventive obligations found in international environmental law can shed much-needed light on the general preventive obligations already established under the law of armed conflict, in furtherance of environmental protection.

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    The obligation to prevent environmental harm in relation to armed conflict
  • 12.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Using the European Conventionon Human Rights to Shield Citizens from Harmful Datafication2023In: Proceedings from the First Annual International FIRE CONFERENCE 10th–11th of November 2022, Örebro University, Sweden / [ed] Magnus Kristoffersson, Uppsala: Iustus förlag, 2023, p. 43-60Chapter in book (Other academic)
    Abstract [en]

    Encoding and (re-)using data about or created by citizens to generate new value is a process referred to as datafication. Extracting data from and about citizens raises numerous human rights questions, particularly in the area of the right to private life. The European Court of Human Rights (ECtHR) has over the years developed and shaped the right to digital private life by outlining what type of collection, processing and retention of data about individuals is considered permissive – and what is not. Although the datafication process entails elements that currently lie outside the core ambit of the ECtHR, it has a longstanding and indeed heightened interest in defining and protecting what constitutes genuine human private life. In this regard, digital private life falls into a domain of matters which the ECtHR finds worthy of protection. By pointing out specific requirements in order to prevent the abuse of State power, the ECtHR is a mechanism that can be reckoned with when it comes to shielding European citizens from datafication.

    Download full text (pdf)
    Using the European Convention on Human Rights to Shield Citizens from Harmful Datafication
  • 13.
    Argren, Rigmor
    et al.
    Örebro University, School of Law, Psychology and Social Work.
    Evola, Marco
    LUMSA Department of Law, Palermo, Italy.
    Giegerich, Thomas
    Europa-Institut, Saarland University, Saarbrücken, Germany.
    Krstić, Ivana
    University of Belgrade, Faculty of Law, Belgrade, Serbia.
    The Evolving Recognition of Gender in International and European Law2023In: Gender-Competent Legal Education / [ed] Dragica Vujadinović; Mareike Fröhlich; Thomas Giegerich, Springer, 2023, p. 261-303Chapter in book (Refereed)
    Abstract [en]

    This chapter explains the development of international and European law from a gender perspective and describes how the process from a gender-neutral to a gender-sensitive approach was developed.

    Since 1945 and the adoption of the UN Charter, the idea of achieving greater gender equality was merged into many international documents, including the first catalog of women’s rights—Convention on the Elimination of all Forms of Discrimination against Women. Many principal and subsidiary bodies were established, contributing to the elimination of gender discrimination and to awareness-raising on some critical issues which were an impediment to achieving gender equality. Twenty years ago, UN Security Council Resolution 1325 was adopted, due to a global effort to establish a platform as a foundation to national and international policies to ensure greater protection of women and girls, during and after, armed conflicts. International Humanitarian Law, enshrined in the Geneva Conventions, also has rules that specifically seek to protect women during armed conflicts. Also, International Criminal Law has been developed to recognize extreme forms of sexual violence as international crimes.

    On the European level, under the auspices of the Council of Europe, several international conventions were adopted to achieve gender equality. One of the main instruments, the European Convention on Human Rights, provides broad protection from discrimination based on gender, established in a comprehensive jurisprudence of the European Court of Human Rights. The EU has a set of primary and secondary sources on anti-discrimination, which provides comprehensive protection from gender discrimination and serves as an inspiring model to States candidates and other European countries.

  • 14.
    Argren, Rigmor
    et al.
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Jonsson, JessicaÖrebro University, School of Behavioural, Social and Legal Sciences.
    Child Rights in Humanitarian Crisis: improving action and response2023Collection (editor) (Other academic)
    Abstract [en]

    This book demonstrates how a focus on children's rights can help practitioners to safeguard children during humanitarian crisis. Child Rights in Humanitarian Crisis focuses on understanding and advancing child rights through practical applications of a child rights perspective in crisis response. The book establishes that with accessible, child friendly participatory means, crisis response can improve from a child rights perspective, and even advance children's rights, whilst also supporting and furthering the development of a child's agency. The volume presents the reader with a clear focus on children from a range of backgrounds, including those most marginalised, such as children with disabilities. Drawing on expertise from the field as well as academia, and providing practical examples which link case studies to legal policies in recent and protracted humanitarian responses, such as in Turkey and at the Lithuania-Belarus border, this book is a treasure trove of advice from some of the humanitarian and development sector's most experienced professionals. Combining insights from both research and practice, this book will be an essential read for humanitarian students and practitioners

  • 15.
    Argren, Rigmor
    et al.
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Jonsson, Jessica
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Concluding remarks: Where to Next: Closing Gaps2023In: Child rights in humanitarian crisis: improving action and response / [ed] Rigmor Argren; Jessica Jonsson, Abingdon: Routledge, 2023, 1, p. 204-208Chapter in book (Other academic)
    Abstract [en]

    In this final chapter, the authors identify three areas where there are gaps to fill in order to improve crisis response for children. These can be summarised in the following three disparities: first, the gap between internal and external mechanisms of complaints or communication; second, the gap between response at the crisis site and recipient countries’ response; and last, the distance between practitioners and academics.

    It is argued that if these gaps can be overcome, holistic results, based on knowledge and sound analysis, with practical relevance ensuring the best interest of the child can be achieved.

  • 16.
    Argren, Rigmor
    et al.
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Vaige, Laima
    Uppsala universitet.
    Vi talar om lagar – och med studenterna även om verkligheten2023In: Texter om våld, ISSN 2004-3775, no 1, p. 67-72Article in journal (Other (popular science, discussion, etc.))
    Download full text (pdf)
    Vi talar om lagar – och med studenterna även om verkligheten
  • 17.
    Jonsson, Jessica
    et al.
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Argren, Rigmor
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Introduction: Children's crisis response in need of improvement2023In: Child rights in humanitarian crisis: improving action and response / [ed] Rigmor Argren; Jessica Jonsson, Abingdon: Routledge, 2023, 1Chapter in book (Other academic)
    Abstract [en]

    Responding to the protection needs of children remains pertinent. In this introductory chapter, the editors set the contextual scene for the book and sketch the theoretical framework for the chapters that follow.

    Human rights of the child can be argued to consist of three interconnected dimensions, a legal, political and moral dimension. These dimensions add justification for humanitarian access, participation and accountability and as a consequence a child rights perspective in the humanitarian response, where called for or relevant.

    The introductory chapter closes by providing a brief overview of the chapters. The book demonstrates practical wisdom and unique insights from very experienced professionals working in the humanitarian and development sector.

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