Introduction to Humanitarian Law and Civil-Military Coordination Class Session 1

1
Introduction to Humanitarian Law and
Civil-Military CoordinationClass Session 1
1
2
Course Objectives

• The student will know the mechanisms and
  processes for requesting military assistance
• The student will be able to identify the
  strengthens and weakens of planning and exercise
  cycles between civil and military authorities
• The student will be able to identify key areas of
  overlap and friction between civilian and
  military organizations.
• The student will be able to identify the affects
  of phases and transitions during a disaster
•  

2
3
Course Assignments and Requirements

• Two Small Group Presentations (15 each)
• 2. A Critical Analysis of a selected topic (35)
• 3. Final Exam (35)
• 4. Classroom etiquette
• 5. Student Professor Introductions
• a. Name, Major, and Disaster experience
• b. Course Expectation's (Students
  Professor)

3
4
Introduction to Civil-Military Relations and
Humanitarian Law

• Concepts
• Red Cross/Red Crescent
• Geneva Convention
• Law of Armed Conflict
• Oslo Guidelines

5
IHL Concepts

• Law A body of rules of action or conduct
  prescribed by controlling authority, and having
  binding legal force. Blacks Law Dictionary,
  5th ed.
• International Law The body of rules
  governing relations between States. ICRC
• Customary International Law State practice
  considered by them to be legally binding. ICRC
• Treaties A formally concluded and ratified
  agreement between states. Oxford Dictionary

6
IHL Concepts

• International Law is composed of
• Human Rights Law A set of international
  ruleson the basis of which individuals and
  groups can expect and/or claim certain behavior
  or benefits from governments. ICRC
• Refugee Law Law addressing rights of refugees
  the obligations of States to protect those
  rights
• International Humanitarian Law A set of rules
  which seek, for humanitarian reasons, to limit
  the effects of armed conflict. ICRC
• International Disaster Relief Laws The laws,
  rules and principles applicable to the access,
  facilitation, coordination, quality and
  accountability of international disaster response
  activities in times of non-conflict related
  disasters, which includes preparedness for
  imminent disaster and the conduct of rescue and
  humanitarian assistance activities. IFRC

7
IHL Concepts

• Jus ad bellum The law on the use of force or
  war.
• Jus contra bellum The law on the prevention of
  force or war.
• Jus in bello The law in war.

8
International Humanitarian Law - Evolution
Battle of Solferino, 1859, A. Muller, Museum of
Military History, Vienna
9
International Humanitarian Civil-Military
Evolution

• Jean Henri Dunant,
• (1828-1910)

10
International Humanitarian Landmark
11
Int Law - Evolution

• Red Cross / Red Crescent Movement
• International Committee of the Red Cross ICRC
• International Federation of Red Cross and Red
  Crescent Societies IFRC
• National Red Cross / Red Crescent / Societies
  ex. American Red Cross

12
IHL - Evolution
Signing of the First Geneva Convention, 22 August
1864, ICRC
13
IHL - Objectives

• Objectives Describe and explain
• The basic concepts of international law
• The evolution of International Humanitarian Law
  IHL the Red Cross / Red Crescent Movement
• When IHL applies
• The sources controlling instruments of IHL
• The fundamental principles of IHL.

14
IHL Fundamental Principles
When does Humanitarian Law apply?

• NOT applicable to
• Acts of sporadic violence
• Times of peace.

• Only during armed conflict
• International armed conflict
• State vs. State
• Wars of national liberation
• Non-international armed conflict
• State vs. rebels
• Rebels vs. rebels

15
IHL Sources

• Sources of International Humanitarian Law
• Customary International Humanitarian Law and
• Treaties.
• International Accords/Guidelines

16
Int Human Law Sources Customary Law

• Customary International Humanitarian Law
• Derived from a general practice accepted as law
  ICRC
• Often unwritten
• Sources
• Official accounts of military operations
• Military manuals
• National legislation and
• Case law.

17
Customary Law

• Customary International Humanitarian Law
• Requirement that States believe
• That the practice is legally binding on them as a
  member of the community of nations
• That they must follow the practice and
• That they are not free to depart or deviate from
  the practice.
• Opinio juris
• Excludes
• Practices not widely followed by other nations
  and
• Practices followed solely because of policy or
  convenience.

18
IHL Sources Customary Law

• Customary International Humanitarian Law
• Applies in situations not covered by treaties
• Nations not party to a treaty and
• Non-international conflicts
• Acts not specifically mentioned in treaties
• Armed non-state actors.
• Grounds for prosecution for violations.

19
IHL Sources Customary Law

• Customary Law The Nüremberg Trials

20
IHL Sources Customary Law

• Nüremberg Principles
• Principle I
• Any person who commits an act which constitutes a
  crime under international law is responsible
  therefor and liable to punishment.
• Principle II
• The fact that internal law does not impose a
  penalty for an act which constitutes a crime
  under international law does not relieve the
  person who committed the act from responsibility
  under international law.
• Principle III
• The fact that a person who committed an act which
  constitutes a crime under international law acted
  as Head of State or responsible Government
  official does not relieve him from responsibility
  under international law.

21
IHL Sources Customary Law

• Principle IV
• The fact that a person acted pursuant to order of
  his Government or of a superior does not relieve
  him from responsibility under international law,
  provided a moral choice was in fact possible to
  him.
• Principle V
• Any person charged with a crime under
  international law has the right to a fair trial
  on the facts and law.
• Principle VII
• Complicity in the commission of a crime against
  peace, a war crime, or a crime against humanity
  as set forth in Principles VI is a crime under
  international law.

22
IHL Sources Customary Law

• Principle VI
• The crimes hereinafter set out are punishable as
  crimes under international law
• Crimes against peace
• Planning, preparation, initiation or waging of a
  war of aggression or a war in violation of
  international treaties, agreements or assurances
  
• Participation in a common plan or conspiracy for
  the accomplishment of any of the acts mentioned
  under (i).
• War crimes Violations of the laws or customs of
  war which include, but are not limited to,
  murder, ill-treatment or deportation to
  slave-labor or for any other purpose of civilian
  population of or in occupied territory, murder or
  ill-treatment of prisoners of war, of persons on
  the seas, killing of hostages, plunder of public
  or private property, wanton destruction of
  cities, towns, or villages, or devastation not
  justified by military necessity.
• Crimes against humanity Murder, extermination,
  enslavement, deportation and other inhuman acts
  done against any civilian population, or
  persecutions on political, racial or religious
  grounds, when such acts are done or such
  persecutions are carried on in execution of or in
  connection with any crime against peace or any
  war crime.

23
IHL Sources Customary Law

• Rome Statute International Criminal Court
  2002
• 2. For the purpose of this Statute, "war crimes"
  means
• (b) Other serious violations of the laws and
  customs applicable in international armed
  conflict, within the established framework of
  international law, namely, any of the following
  acts
• (e) Other serious violations of the laws and
  customs applicable in armed conflicts not of an
  international character, within the established
  framework of international law, namely, any of
  the following acts

24
IHL Sources Customary Law

• Customary International Humanitarian Law
• ICRC Codification
• Begun in 1995, completed after 8 years
• 2 volumes totaling over 5,000 pages
• Identified 161 customary rules in practice today
• 159 apply to international armed conflict
• 149 apply to non-international armed conflict

25
IHL Sources Treaties

• International Humanitarian Treaties
• The Hague Stream and
• The Geneva Stream.

26
IHL Sources Treaties

• IHL treaties
• The Hague Stream Regulation of the means and
  methods of warfare
• Convention on the Prohibition of the Development,
  Production and Stockpiling of Bacteriological
  (Biological) and Toxin Weapons and on their
  Destruction 1972
• Convention on Prohibitions or Restrictions on the
  Use of Certain Conventional Weapons Which May be
  Deemed to be Excessively Injurious or to Have
  Indiscriminate Effects 1980.
• Protocol on Blinding Laser Weapons 1995
• Convention on the Prohibition of the Use,
  Stockpiling, Production and Transfer of
  Anti-Personnel Mines and on their Destruction
  1997.

27
IHL Sources - Treaties

• IHL treaties
• The Geneva Stream Provides protection to
  non-combatants and civilians
• Geneva Conventions I IV 1949
• Common Article 3 of the Conventions
• Protocols I II 1977
• Protocol III 2005

28
IHL Sources

• Geneva Conventions of 1949
• Convention (I) for the Amelioration of the
  Condition of the Wounded and Sick in Armed Forces
  in the Field
• Convention (II) for the Amelioration of the
  Condition of Wounded, Sick and Shipwrecked
  Members of Armed Forces at Sea
• Convention (III) relative to the Treatment of
  Prisoners of War and
• Convention (IV) relative to the Protection of
  Civilian Persons in Time of War.

29
IHL Sources

• Application of the Geneva Conventions
• Applies only to States who have signed the
  Conventions
• Only Niue has not signed the Geneva Conventions
• Universal acceptance?
• Apply only in international armed conflicts
• Wars or conflicts between 2 or more nations and
  wars of national liberation
• Internationalized internal conflicts?
• Exception Common Art. 3 to the Conventions

30
IHL Sources
Common Article 3

• Art. 3. In the case of armed conflict not of an
  international character occurring in the
  territory of one of the High Contracting Parties,
  each Party to the conflict shall be bound to
  apply, as a minimum, the following
  provisions(1) Persons taking no active part in
  the hostilities, including members of armed
  forces who have laid down their arms and those
  placed hors de combat by sickness, wounds,
  detention, or any other cause, shall in all
  circumstances be treated humanely, without any
  adverse distinction founded on race, colour,
  religion or faith, sex, birth or wealth, or any
  other similar criteria.To this end, the
  following acts are and shall remain prohibited at
  any time and in any place whatsoever with respect
  to the above-mentioned persons(a) violence to
  life and person, in particular murder of all
  kinds, mutilation, cruel treatment and
  torture(b) taking of hostages(c) outrages
  upon personal dignity, in particular humiliating
  and degrading treatment(d) the passing of
  sentences and the carrying out of executions
  without previous judgement pronounced by a
  regularly constituted court, affording all the
  judicial guarantees which are recognized as
  indispensable by civilized peoples.(2) The
  wounded and sick shall be collected and cared
  for.An impartial humanitarian body, such as the
  International Committee of the Red Cross, may
  offer its services to the Parties to the
  conflict.
• The Parties to the conflict should further
  endeavour to bring into force, by means of
  special agreements, all or part of the other
  provisions of the present Convention.
• The application of the preceding provisions
  shall not affect the legal status of the Parties
  to the conflict.

31
IHL Sources

• Common Article 3 - Application
• Applies in cases of armed conflict not of an
  international character
• Now, customary IHL
• Binds each party to the conflict
• Sets out minimum standards for protection care
• Calls for parties to adopt other provisions of
  the Geneva Conventions Allows ICRC the right to
  offer its services
• Does not affect legal status of the Parties.

32
IHL Sources

• Protocols to the Geneva Conventions
• Protocol Additional to the Geneva Conventions of
  12 August 1949, and relating to the Protection of
  Victims of International Armed Conflicts
  Protocol I, 1977
• Protocol Additional to the Geneva Conventions of
  12 August 1949, and relating to the Protection of
  Victims of Non-International Armed Conflicts
  Protocol II, 1977 and

33
IHL Sources

• Protocols to the Geneva Conventions
• Protocol additional to the Geneva Conventions of
  12 August 1949, and relating to the Adoption of
  an Additional Distinctive Emblem Protocol III,
  2005.

34
IHL Fundamental Principles

• Fundamental Principles of IHL
• Principle of non-derogation
• Principle of Distinction
• Collection and care for the sick, wounded
  shipwrecked
• Prohibition on killing/wounding an enemy
  surrendering or hors de combat
• Respect protection for persons hors de combat 7
  those not taking part in hostilities
• Right to judicial guarantees
• Limitations on means and methods of war
• Respect for the Protected Emblems.

35
IHL Fundamental Principles

• Principle of Non-derogation
• Derogation The partial repeal or abolition of a
  law, as by a subsequent act which limits its
  scope or impairs its utility or force. Blacks
  Law Dictionary
• Allowed in Human Rights Law
• Limited and exceptional circumstances
• Derogation is never allowed in IHL
• IHL applies only in exceptional circumstances
  armed conflict
• In armed conflict, all the rules apply all the
  time.

Right to ..
Derogation of
36
IHL Fundamental Principles

• Principle of Distinction
• Parties to a conflict shall distinguish between
  civilian populations and combatants
• Civilians vs. combatants
• Civilian objects vs. military objectives.

37
IHL Fundamental Principles

• Principle of Distinction cont.
• Parties to a conflict shall distinguish between
  civilian populations and combatants
• Neither civilian populations nor civilian persons
  shall be attacked
• Attacks shall be directed solely at military
  objectives.

38
IHL Fundamental Principles

• Collection and caring for the sick, wounded and
  shipwrecked
• Wounded sick Military or civilians in need of
  medical care and who refrain from any act of
  hostility.
• Shipwrecked Military or civilians in peril at
  sea or other waters as a result of misfortune
  affecting them, their vessel or aircraft, and who
  refrain from any act of hostility.

39
IHL Fundamental Principles

• Collection and caring for the sick, wounded and
  shipwrecked cont.
• Duty to search for and collect sick, wounded and
  shipwrecked
• Duty to provide medical care
• Duty to not expose sick, wounded or shipwrecked
  to infection or disease
• Non-discriminatory treatment.

40
IHL Fundamental Principles

• Collection and caring for the sick, wounded and
  shipwrecked Protected of care-givers
• Medical religious personnel
• Doctors, nurses, orderlies, stretcher-bearers,
  chaplains, crews of hospital ships
• Military civilian Red Cross/Crescent,
  recognized voluntary aid societies medical
  personnel
• Medical units
• Hospitals, clinics, depots, stores, tents,
  hospital ships, sickbays
• Stretchers, medicines, surgical apparatuses
• Protection may end with misuse of medical
  facilities.
• Medical transport
• Ambulances, lifeboats, air ambulances/medical
  aircraft.

41
IHL Fundamental Principles

• Prohibition on killing/wounding an enemy
  surrendering or hors de combat
• Hors de combat fr. out of the fight
• Sick,
• Wounded,
• Shipwrecked,
• Captured or clearly shown he intends to
  surrender,
• Otherwise laid down their arms and no longer an
  active participant in the conflict.

42
IHL Fundamental Principles

• Prohibition on killing/wounding an enemy
  surrendering or hors de combat cont.
• Exercise
• Scenario Two parachutists descending from the
  sky
• One a pilot from a downed plane
• The other, a paratrooper.
• Question Which one, if either, can you shoot?
• Answer The paratrooper.

43
IHL Fundamental Principles
Respect protection for persons hors de combat
and not taking part in hostilities

• Prohibited actions
• Murder
• Mutilations
• Cruel treatment
• Torture
• Taking of hostages

• Humiliating and degrading treatment
• Passing sentences / executions without a judgment
  from a regular court

44
IHL Fundamental Principles

• Right to judicial guarantees
• No collective punishment
• No physical or mental torture
• No corporal punishment
• No cruel or degrading treatment
• Right to a fair trial
• POWs tried by military courts.

45
IHL Fundamental Principles

• Limitations on means and methods of war
• Prohibition on use of weapons that cause
  superfluous injury or unnecessary suffering
• Prohibition on means / methods to cause
  wide-spread, long-term severe environmental
  damage
• Prohibition on attacking works with dangerous
  forces
• Prohibition on attacking cultural objects
  places of worship of a cultural or spiritual
  heritage to the people
• Prohibition on use of starvation of civilians as
  a weapon.

46
IHL Fundamental Principles

• Respect for the Protected Emblems
• Pre-1863 No internationally protected emblem
• 1863 1864 Red Cross adopted.
• 1876-78 Red Crescent used.
• 1929 Red Crescent and Red Lion and Sun also
  adopted.
• 1980 Red Lion and Sun no longer used.
• 2005 Red Crystal adopted.

47
IHL Fundamental Principles

• Respect for the Protected Emblems cont.
• Protective vs. indicative use
• Authorized protective use
• Military medical personnel, units, transports
  religious personnel
• Civilian medical personnel, hospitals, transports
  religious personnel attached thereto, in time
  of war
• National Red Cross/Crescent personnel
• IFRC and ICRC personnel.
• Misuse of the protected emblems, perfidy war
  crimes.

48
IHL IHL the War on Terrorism

• Does IHL define terrorism?
• Are acts traditionally used by terrorists
  prohibited in IHL?

• No IHL definition.
• Yes, prohibited acts include
• Targeting of civilians,
• Indiscriminate attacks,
• Taking hostages,
• Acts to cause terror to civilian populations.

49
IHL IHL the War on Terrorism

• Does IHL apply in the War on Terror?

• Were the acts committed in a conflict?
• Do you have parties to a conflict?
• If yes, IHL applies ex. Afghanistan
• If no, IHL does not apply but domestic law
  applies. ex. London Bombings 7 July 2005.

50
IHL IHL the War on Terrorism

• Are captured terrorists entitled to IHL
  protection?

• International conflict GC III GC IV apply
• Non-international conflict Common Article 3
  applies
• Non-conflict situations
• IHL not applicable, but
• Domestic and international criminal law applies.

51
IHL IHL the War on Terrorism

• Take away
• There are no Black Holes
• in terms of legal protection.

52
International Humanitarian Law and Civil-Military
Coordination

• Questions?