Emanuela-Chiara Gillard

Senior Research Fellow at the Oxford Institute for Ethics, Law and Armed Conflict

Emanuela-Chiara Gillard is a Senior Fellow at the Institute for Ethics, Law and Armed Conflict at the University of Oxford. She is also a Research Fellow in the Individualisation of War Project at the European University Institute, and an Associate Fellow of the International Law Programme at Chatham House.

  • “Safe areas”: The international legal framework

    In recent years there have been repeated calls for the establishment of so-called "safe areas" to protect civilians from the effects of hostilities in a number of contexts. The present article presents the international law framework relevant to the establishment and operation of such areas: the provisions of international humanitarian law on protected zones; the rules regulating resort to armed force, Security Council authorization and mandates for the establishment of such areas by multinational forces in the absence of agreement between belligerents; and the refugee and international human rights issues raised by such zones.

  • The law regulating cross-border relief operations

    In view of the challenges frequently encountered in providing assistance to civilians in opposition-held territories, consideration is sometimes given to cross-border relief operations. Such operations raise numerous legal questions, including whose consent is required; what constitutes arbitrary withholding of consent; what the consequences of withholding of consent are, both for those wishing to provide assistance and for the parties withholding consent; and what alternatives exist for providing assistance in such circumstances.

  • There’s no place like home: States’ obligations in relation to transfers of persons

    The article sets out States’ obligations in relation to transfers of persons under refugee law, human rights law and international humanitarian law, and revisits the key elements of non-refoulement, including: its application where persons are transferred from one State to another or within the territory of a single State; the range of risks that give rise to application of the principle; important procedural elements; and, its effect on States’ obligations regarding diplomatic assurances.

  • Business goes to war: private military/security companies and international humanitarian law

    This article examines the key legal issues raised by PMCs/PSCs operating in situations of armed conflict, including the status of the staff of these companies and their responsibilities under international humanitarian law; the responsibilities of the states that hire them; and those of the states in whose territory PMCs/PSCs are incorporated or operate.