Introductory Course on International Humanitarian Law IHL in the Inter-American System

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Introductory Course on International Humanitarian
LawIHL in the Inter-American System

• John M. Wilson
• OAS Office of International Law

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Organization of American States

• International Humanitarian Law
• This module will cover the way OAS organs,
  agencies, and entities apply (and should apply)
  IHL in their respective areas and the impact of
  these efforts in the region

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OAS Role in IHL

• OAS plays important Role in IHL in the Americas
• Terrorism
• Mine Clearance (Demining)
• Arms Availability/Small Weapons
• Detainees/Prison Policies
• Human Rights and IHL
• IHL and Gender
• Military Training and Functions
• OAS General Assembly
• Cooperation with ICRC

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Terrorism

• IHL and Terrorism
• IHL Applies International and non-international
  armed conflicts -- hostilities between government
  armed forces and organized armed groups (within a
  state).
• Domestic/HR/Criminal Law Applies Armed violence
  outside an armed conflict or terrorist suspect
  not detained in connection with an armed
  conflict.
• Combatant/Enemy Combatant Lawful Combatants
  cannot be prosecuted if they respect
  international humanitarian law and entitled to
  prisoner of war status.
• Detainees Lawful and unlawful combatants that
  are detained, may be interrogated and prosecuted
  for war crimes, but are entitled to humane
  treatment by enemy.
• Terrorists vs. Soldiers Protocol I protects
  civilians by limiting methods and means of
  warfare, including unequivocal prohibition of
  terrorism 1) attacks against civilians or
  civilian objects and 2) threats of violence to
  spread terror among civilians.

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Terrorism

• Inter-American Committee against Terrorism
• CICTE
• OAS organism for protecting member states from
  terrorism via information exchange b/w national
  policy-makers.
• Mar del Plata Commitments
• Exchange information / draft counterterrorism
  legislation / promote adherence to international
  counterterrorism conventions / enhance border
  cooperation and security / develop training and
  crisis management.
• CICTE Programs
• Cyber Security / Port Security / Airport
  Security / Legislation against terrorism /
  Customs and Border Protection / Terrorism
  Financing / Terrorism Policy.

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Mine Clearance (Demining)

• Office of Humanitarian Mine Action / CHS
• Humanitarian Demining mine-field surveying,
  mapping, marking, and clearance.
• Mine Education OAS supports mine awareness
  programs supported to reduce the risk of death
  and injury by promoting safe behavior among
  affected communities.
• Victim Assistance Support survivors in OAS
  member states and provide transportation,
  lodging, meals, prostheses, therapy, and
  medication.
• Stockpile Destruction One million landmines
  stockpiled by OAS member states have been
  destroyed since 1999 with assistance from the
  program.
• Ottawa Convention The Convention provides for a
  total ban on the land mines and provides demining
  requirements for numerous states parities. The
  OAS has called on its member states to ratify and
  comply with the Convention.

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Arms Availability/Small Weapons

• Problem Arms and ammunition are major factors in
  facilitating violations against civilians during
  and after armed conflict.
• Proliferation of Arms Availability during armed
  conflict and post-conflict situations around the
  world.
• Inadequate Controls Availability and frequent
  use of weapons in violation of humanitarian law /
  civilians at increased risk of abuse during and
  after conflicts / undermines legal norms designed
  to protect civilians.
• Post-Conflict Ensuring IHL norms becomes
  difficult when weapons are widely dispersed and
  easily accessible / humanitarian agencies are
  subject to attack and forced to suspend
  operations / end of armed conflict seldom means
  end to violence if arms and ammunition remain at
  large.
• Weapons Assault rifles, machine guns, grenades,
  mortar bombs (small arms) / most commonly used in
  armed conflicts / availability subject to few
  international rules.

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Arms Availability/Small Weapons

• Committee on Hemispheric Security
• Provides framework for judicial cooperation in
  requesting service of process, summonses or
  subpoenas abroad.
• General Assembly
• Study I.D. trafficking-brokering trends /
  support UN Program to Prevent, Combat Eradicate
  Illicit Trade in Small Arms / follow-up state
  reports on implementation of national/regional/glo
  bal activities for UN Program
• CIFTA Convention
• Convention Against Illicit Mfg Trafficking In
  Firearms, Ammo, Explosives Related Materials
  26 states Parties/National Authorities/Mutual
  Assistance/Model Legislation
• CICAD Inter-American Drug Abuse Control
  Commission
• Model Regs to Control Intl Movement of
  Firearms/ Model Regs to Control Brokers /
  Training Programs.

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Detainees/Prison Policies

• Types of Detainees
• Prisoners of War Geneva Convention relative to
  the Treatment of Prisoners of War (1949) POW is
  a captured combatant (i.e. member of armed
  forces) in an international armed conflict
  (individual enjoying equivalent legal status).
  In any doubt, person taken part in hostilities is
  presumed POW (Add Protocol I 1977)
• War on Terror Armed Conflicts vs. War on Terror
  / Clear and Appropriate Legal Framework /
  Procedural Safeguards / Persons cannot be
  detained and interrogated outside of an
  appropriate legal framework Detainees outside
  armed conflict have rights afforded by intl
  human rights law domestic law.
• Divergent Positions Two positions concerning
  detainees on war on terror 1) criminal suspects
  handled by local law and intl standards 2)
  prisoners of war handled by IHL law and
  standards.

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Detainees/Prison Policies

• Ministers of Justice REMJA
• REMJA IV Recommended proposals for the
  protection of the fundamental rights and freedoms
  of detained persons in the Americas
• REMJA-V Recommended modernization of prison
  infrastructure, functions, standards and the
  review of penitentiary policies
• Official Meetings Held meetings of Officials
  Responsible for Penitentiary and Prison Policies
  of OAS Member States 
• Follow-up Study of the Rights and the Care of
  Persons under Any Form of Detention or
  Imprisonment

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Human Rights and IHL

• Intl Humanitarian Law
• Protects life/health/dignity of individuals
• Duty falls on States
• Protection applies to situations of armed
  conflict
• Permit no derogations, armed conflict is a pub
  emergency
• Humanitarian law tailored for war
• Protect people who dont / no longer take part in
  hostilities

• Human Rights Law
• Protects life/health/dignity of individuals
• Duty Falls on States
• Protection applies at all times (war and peace)
• Tailored for peacetime to protect everyone
• Treaties can permit derogation of rights in
  public emergencies
• Protect persons primarily from their own
  governments

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IACHR / IA-COURT

• Inter-American Commission and Court Apply basic
  principles (Articles 1 (1) and 2 of American
  Convention) to prohibiting State Parties from
  violating protected rights and freedoms require
  States to take measures necessary to ensure
  individuals effectively enjoy those rights and
  freedoms / held that right to fair trial and
  judicial protection (Articles 8 and 25) entail
  right of victims to the justice system of the
  state concerned.
• International Humanitarian Law Court and
  Commission held that states must investigate,
  prosecute and punish persons who commit or order
  the commission of gross violations of both human
  rights or humanitarian law. (Velásquez Rodríguez
  Case, 1988 Inter-Am. Ct. H.R. (ser. C) No. 4
  (July 29, 1988).
• Precautionary Measures Precautionary measures
  adopted by the Commission (Art. 25 Rules of
  Procedure) form part of the domestic legal order
  / Country is required to comply with the measures
  as a function of its international obligations to
  respect and protect fundamental human rights.
  Also provided precautionary measures for
  Guantanamo even thought U.S. not party to
  convention.

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IHL and Gender

• Inter-American Commission on Women
• International Humanitarian Law and Gender Crimes
• Sex and gender crimes are exceedingly commonplace
  during periods of international and internal
  armed conflict
• Crimes committed both opportunistically and
  purposefully, randomly and calculatedly, and by
  persons in control or those out of control
• Sexual violence is committed by military
  personnel and civilians alike on all sides of
  armed conflict
• Once considered a by-product of war, it is now
  recognized that women and girls are regularly and
  intentionally targeted for abuse
• Rarely are perpetrators of sexual violence held
  accountable for their crimes.

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Inter-American Commission on Women

• Inter-American Program for Promotion of
  Womens Human Rights and Gender Equality
• Follow-up to the 2001 Summit of the Americas 
• Implementation of the CIM Strategic Plan of
  Action - Areas for priority action
• Human Rights and the Elimination of Violence
  against Women

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Military Training and Functions

• Inter-American Defense Board and College
• Structure The Inter-American Defense Board is an
  OAS organ of nationally appointed defense
  officials
• Function Develop collaborative approaches on
  common defense and security issues.
• Training IADB maintains the Inter-American
  Defense College to offer training to senior
  military and government officials covers various
  military security issues.
• Demining IADB coordinates the technical
  assistance through international teams of
  supervisors and monitors who work closely with
  the OAS and the demining units of affected
  countries.

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OAS General Assembly

• Promotion of and Respect for International
  Humanitarian Law
• Promote IHL by urging Members States to consider
  taking the necessary steps of signing and
  ratifying instruments of International
  Humanitarian Law / promulgating domestic laws
  designed to bring these instruments into force.
• Promote coordinate between Permanent Council,
  General Secretariat and the International
  Committee of the Red Cross
• Organize annual meeting of the Committee on
  Juridical and Political Affairs on the promotion
  of and respect for international humanitarian
  law. 
• Educate OAS Member States, political organs and
  general secretariat on topics of importance on
  International Humanitarian Law
• Provide valuable input for the drafting and
  negotiation of General Assembly resolutions on
  the promotion and protection of IHL in the
  Americas

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Other OAS Areas

• Legal Cooperation
• Mutual Assistance and Extradition
• Democracy and Governability
• Secretary Generals Office
• Assistant Secretary Generals Office
• Access to Information
• Corruption
• Inter-American Childrens Institute
• Treaties and Agreements

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Cooperation with ICRC

• Promote the Respect and Education of IHL
• Education The GA promotes cooperation between
  ICRC and General Secretariat (Office of
  International Law / Department of International
  Legal Affairs) to organize governmental
  conferences / courses / seminars
• Dialogue General Assembly instructs the
  Permanent Council to continue, with support from
  the Office of International Law and in
  cooperation with the ICRC, to organize special
  meetings on topics of current interest in
  international humanitarian law.
• Dissemination GA mandates the dissemination of
  IHL / related inter-American conventions / and
  OAS ICRC joint programs and webpage
  http//www.oas.org/dil/international_humanitarian_
  law.htm

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THANK YOU