International Humanitarian Law

5,305 views

Published on

Published in: Education
0 Comments
8 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
5,305
On SlideShare
0
From Embeds
0
Number of Embeds
4
Actions
Shares
0
Downloads
383
Comments
0
Likes
8
Embeds 0
No embeds

No notes for slide

International Humanitarian Law

  1. 1. Prepared byMa. Martha Manette A. Madrid, Ed.D. Bachelor of Law Panpacific University North Philippines Urdaneta City, Pangasinan Philippines November 2010
  2. 2. Something tells me It’s all happening at the zoo. I do believe it, I do believe it’s true. The monkeys stand for honesty, Giraffes are insincere, And the elephants are kindly but they’re dumb.Orangutans are skeptical of changes in their cages, And the zookeeper is very fond of rum. Zebras are reactionaries, Antelope plot in secrecy, And hamsters turn on frequently. What a gas! You gotta come and see At the zoo. -Paul Simon-
  3. 3. What is Humanitarian Aid?is a response to a crisis or emergency and is material, food, water, clothing, etc. assistance for saving lives, alleviating suffering, and maintaining human dignity, and does not address the underlying socioeconomic factors which lead to the crisis or emergency. Internationally, this is invoked two ways:  Peacetime- Human Rights Law  Armed conflict- International Humanitarian Law
  4. 4. International Humanitarian Lawor Armed conflict is also considered accepted Customary Law and a universal codification standard. The United Nations (UN) has the UN office for the Coordination of Humanitarian Affairs (UNOCHA), formed in 1991 by the General Assembly Resolution 46/182 & the Department of Humanitarian Affairs (DHA) replacing the Office of the United Nations Disaster Relief Coordinator formed in 1972. Humanitarian Aid is also called:  International Relief and  Development Aid
  5. 5. Seven Conventions and Nine Protocols thatinclude International Humanitarian Law The Four Geneva Conventions of 1949. Additional Protocols of 1977, protection of victims of armed conflicts. The 1954 Convention, protection of cultural property in the event of armed conflict plus its two protocols. The 1972 Biological Weapons Convention. The 1980 Conventional Weapons Convention and its five protocols. The 1993 Chemical Weapons Convention. The 1997Ottawa convention on anti-personnel mines. The 2000 Optional Protocol to the convention on the Rights of child on the involvement of children in armed conflict.
  6. 6. International Humanitarian Law (Armedconflict) is used: only for armed conflict, once the conflict has begun, and equally applied to both sides regardless of who started the fighting.  Note:  International armed conflicts are those in which at least two states are involved, the use of the word states for these purposes implies the word country is included or synonymous.
  7. 7. Human Rights Law (Peacetime) Applies to peacetime and many of the provisions are suspended during armed conflict. The United Nations (UN) has the Universal Declaration of Human Rights (UDHR), it is the first International statement to use the term “human rights”. The Covenant on Civil and Political Rights:  The right to self determination.  The right to own, trade, and dispose of their property freely, and not deprived of their means of subsistence.
  8. 8. InternationalHumanitarian Law often referred to as the law of war, the laws and customs of war or the law of armed conflict the legal corpus that comprises "the Geneva Conventions and the Hague Conventions as well as subsequent treaties, case law, and customary international law.
  9. 9.  defines the conduct and responsibilities of belligerent ( an individual, group, country or other entity which acts in a hostile manner, such as engaging in combat), nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians.
  10. 10. Two Historical Streams the law of The Hague referred to in the past as the law of war proper; and the law of Geneva or humanitarian law.
  11. 11. The Law of The Hague, or the Laws of War a body of law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello). considered an aspect of public international law (the law of nations) and is distinguished from other bodies of law, such as the domestic law of a particular belligerent to a conflict, that may also provide legal limits to the conduct or justification of war. modern laws of war address declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity along with distinction and proportionality, and the prohibition of certain weapons that may cause unnecessary suffering.
  12. 12. Historical Background: The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the nascent body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but never took place due to the start of World War I.The German international law scholar and neo-Kantian pacifist Walther Schücking called the assemblies the "international union of Hague conferences
  13. 13. Historical Background: A major effort in both the conferences was to create a binding international court for compulsory arbitration to settle international disputes, which was considered necessary to replace the institution of war. Most of the great powers, including the United States, Britain, Russia, France, China, and Persia, favored a binding international arbitration, but the condition was that the vote should be unanimous, and a few countries, led by Germany, vetoed the idea.
  14. 14. The Hague Convention of 1899 consistedof four main sections and three additionaldeclarations I - Pacific Settlement of International Disputes II- Laws and Customs of War on Land III- Adaptation to Maritime Warfare of Principles of Geneva Convention of 1864 IV - Prohibiting Launching of Projectiles and Explosives from Balloons Declaration I - On the Launching of Projectiles and Explosives from Balloons Declaration II - On the Use of Projectiles the Object of Which is the Diffusion of Asphyxiating or Deleterious Gases Declaration III - On the Use of Bullets Which Expand or Flatten Easily in the Human Body
  15. 15. The Final Agreement was signed on October 18, 1907,and entered into force on January 26, 1910. It consistedof thirteen sections, of which twelve were ratified andentered into force:  I— The Pacific Settlement of International Disputes  II — The Limitation of Employment of Force for Recovery of Contract Debts  III — The Opening of Hostilities  IV — The Laws and Customs of War on Land  V— The Rights and Duties of Neutral Powers and Persons in Case of War on Land  VI — The Status of Enemy Merchant Ships at the Outbreak of Hostilities  VII — The Conversion of Merchant Ships into War-Ships  I— The Pacific Settlement of International Disputes  II — The Limitation of Employment of Force for Recovery of Contract Debts  III — The Opening of Hostilities  IV — The Laws and Customs of War on Land  V— The Rights and Duties of Neutral Powers and Persons in Case of War on Land  VI— The Status of Enemy Merchant Ships at the Outbreak of Hostilities
  16. 16.  VII — The Conversion of Merchant Ships into War-Ships VIII — The Laying of Automatic Submarine Contact Mines IX— Bombardment by Naval Forces in Time of War X— Adaptation to Maritime War of the Principles of the Geneva Convention XI — Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War XII — The Creation of an International Prize Court [Not Ratified] XIII - The Rights and Duties of Neutral Powers in Naval War
  17. 17. Two declarations were signed as well:  Declaration I — extending Declaration II from the 1899 Conference to other types of aircraft[  Declaration II—- on the obligatory arbitration
  18. 18. The law of war:  Determine the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm.  Concerns itself with the definition of combatants, establishes rules relating to the means and methods of warfare, and examines the issue of military objectives
  19. 19. The modern law of war is derived from twoprincipal sources: Lawmaking treaties (or conventions) Not all the law of war derives from or has been incorporated in such treaties, which can refer to the continuing importance of customary law.
  20. 20. Purposes of the laws Wars should be limited to achieving the political goals that started the war (e.g., territorial control) and should not include unnecessary destruction; Wars should be brought to an end as quickly as possible; People and property that do not contribute to the war effort should be protected against unnecessary destruction and hardship;
  21. 21. Applicability to states and individuals The law of war is binding not only upon States as such but also upon individuals and, in particular, the members of their armed forces. Parties are bound by the laws of war to the extent that such compliance does not interfere with achieving legitimate military goals.
  22. 22. Remedies for violations  Soldiers who break specific provisions of the laws of war lose the protections and status afforded as prisoners of war, but only after facing a "competent tribunal".  Spies and terrorists may be subject to civilian law or military tribunal for their acts and in practice have been subjected to torture and/or execution. The laws of war neither approve nor condemn such acts, which fall outside their scope.  citizens and soldiers of nations which have not signed and do not abide by the Third and Fourth Geneva Conventions are not protected by them.
  23. 23. Remedies for violations  If someone is (or is suspected to be) a citizen or soldier of a nation which has signed or abides by the Fourth Geneva Convention , or is (or is suspected to be) a "prisoner of war" (POW) per the definitions of such "protected persons" in the Third Geneva Convention, the following applies: A POW who breaks specific provisions of the laws of war may be penalized, but not penalized worse than the tribunal would penalize its own soldiers for the same offense (and usually a disciplinary, not judicial, punishment if its own soldiers normally wouldnt be brought to trial for a particular offense)
  24. 24. Remedies for violations  After a conflict has ended, persons who have committed or ordered any breach of the laws of war, especially atrocities, may be held individually accountable for war crimes through process of law. Also, nations which signed the Geneva Conventions are required to search for, then try and punish, anyone who has committed or ordered certain "grave breaches" of the laws of war.  Soldiers who break specific provisions of the laws of war lose the protections and status afforded as prisoners of war but only after facing a "competent tribunal“.
  25. 25. Remedies for violations  Spies and terrorists may be subject to civilian law or military tribunal for their acts and in practice have been subjected to torture and/or execution. The laws of war neither approve nor condemn such acts, which fall outside their scope.  citizens and soldiers of nations which have not signed and do not abide by the Third and Fourth Geneva Conventions are not protected by them.
  26. 26. Remedies for violations  If someone is (or is suspected to be) a citizen or soldier of a nation which has signed or abides by the Fourth Geneva Convention , or is (or is suspected to be) a "prisoner of war" (POW) per the definitions of such "protected persons" in the Third Geneva Convention, the following applies: A POW who breaks specific provisions of the laws of war may be penalized, but not penalized worse than the tribunal would penalize its own soldiers for the same offense (and usually a disciplinary, not judicial, punishment if its own soldiers normally wouldnt be brought to trial for a particular offense)
  27. 27. International treaties on the lawsof warList of declarations, conventions,treaties and judgments and on thelaws of war (pls refer to your photo copies)
  28. 28. The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949 which focused on the protection of civilians and those who can no longer fight in an armed conflict. As a result of World War II, all four conventions were revised based on previous revisions and partly on some of the 1907 Hague Conventions and readopted by the international community in 1949. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. comprise four treaties and three additional protocols that set the standards in international law for humanitarian treatment of the victims of war.
  29. 29. The Geneva Conventions are: First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949) Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X) Third Geneva Convention "relative to the Treatment of Prisoners of War" ( first adopted in 1929, last revision in 1949) Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the 1907 Hague Convention IV)
  30. 30. In addition, there are three additionalamendment protocols to the Geneva Convention: Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries. Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by 163 countries. Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by 17 countries and signed but not yet ratified by an additional 68 countries.
  31. 31. The conventions and their agreements The Geneva Conventions comprise rules that apply in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities, for example:  wounded or sick fighters  prisoners of war  civilians  medical and religious personnel
  32. 32. To this end, laws of war are intended to mitigate the evils of war by: Protecting both combatants and noncombatants from unnecessary suffering; Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick, and civilians; Facilitating the restoration of peace.
  33. 33. Fundamental principles of humanitarian law limit the suffering caused by war by forcing parties engaged in a conflict to: engage in limited methods and means of warfare; differentiate between civilian population and combatants, and work to spare civilian population and property; abstain from harming or killing an adversary who surrenders or who can no longer take part in the fighting; abstain from physically or mentally torturing or performing cruel punishments on adversaries.
  34. 34. Basic rules of IHL Persons hors de combat and those not taking part in hostilities shall be protected and treated humanely. It is forbidden to kill or injure an enemy who surrenders or who is hors de combat. The wounded and sick shall be cared for and protected by the party to the conflict which has them in its power. The emblem of the "Red Cross," or of the "Red Crescent," shall be required to be respected as the sign of protection.
  35. 35. Basic rules of IHL Captured combatants and civilians must be protected against acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief. No one shall be subjected to torture, corporal punishment or cruel or degrading treatment.
  36. 36. Basic rules of IHL Parties to a conflict shall at all times distinguish between the civilian population and combatants. Attacks shall be directed solely against military objectives. Parties to a conflict shall at all times distinguish between the civilian population and combatants. Attacks shall be directed solely against military objectives.
  37. 37. Basic rules of IHL Examples: Well-known examples of such rules include:  The prohibition on attacking doctors or ambulances displaying a Red Cross.
  38. 38. Basic rules of IHL  It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate.  In either case, the persons protected by the Red Cross or the white flag are expected to maintain neutrality, and they may not engage in warlike acts themselves; in fact, engaging in war activities under a white flag or a red cross is itself a violation of the laws of war.
  39. 39. In Conclusion Humanitarian law is the branch of public international law that comprises the rules, which, in times of armed conflict:  seek to protect persons who are not or are no longer taking part in the hostilities,  restrict the methods and means of warfare employed, and resolve matters of humanitarian concern resulting from war.
  40. 40. In Conclusion The term "humanitarian" is often used in everyday language in a very broad sense, and can be confused with the term "human rights." civilians Humanitarian law aims to limit the suffering caused by war by regulating the way in which military operations are conducted.
  41. 41. In Conclusion International humanitarian law is the law of armed conflict or law of war and their effects. The goal of international humanitarian law is to limit the effects of war on people and property and to protect particularly vulnerable persons.
  42. 42. Reaction: States have always been limited in the ways in which they conduct armed conflicts, from the adherence to national laws and bilateral treaties, to the observance of time-honored customary rules. However, throughout history these limitations on warfare varied greatly among conflicts and were ultimately dependant on time, place, and the countries involved.
  43. 43. The final word is yours!

×