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INTERNATIONAL HUMANITARIAN
LAW (IHL)
Bhagya Wickrmasinghe
LL B(Hons) (Colombo), LL M (Colombo)
Attorney-at-Law
Lecturer - ...
OUTLINE
• Introduction to the main areas
• Interlinkages
• Sources of IHL and ICL
• Main concepts and the connectedness of...
OBJECTIVES
• To analyse the main concepts relating to IHL
and ICL
• To analyse the interconnectedness of the
concepts rela...
• http://oneislandtwonationsblogspotcom.type
pad.com/blog/2015/09/congolese-rebel-
bosco-ntaganda-faces-war-crime-charges....
INTER-LINKAGES
Public
International Law
PIL
International
Human Rights
IHR
International
Humanitarian Law
IHL
Internationa...
WHAT IS ICL
• The principle that individuals are and can be held
criminally accountable for violations of the laws
of war ...
WHAT IS IHL
• IHL has developed separately from International
human rights law.
• Also called the law of armed conflict or...
IHR-IHL-ICL
• IHL is one of the oldest branches of Public
International Law
Purpose of IHL
• Regulates the conduct of part...
HISTORY AND EMERGENCE OF IHL
• War has always been regulated.
Medieval Crusades
19th century and the regulation
based on u...
• Geneva Convention 1949
• Additional Protocols of 1977
Main sources of IHL
• 1954 Convention, Protection of Cultural
Prop...
HISTORY AND EMERGENCE OF IHL
• -In the medieval Crusades applied to only knights and
crusaders
• -Ancient China
• -Simon B...
BASIC PRINCIPLE OF INTERNATIONAL
CRIMINAL LAW
• Relatively new legal discipline composed of legal
regulation that derive f...
BASIC PRINCIPLE OF INTERNATIONAL CRIMINAL LAW
• It is the branch of law that gives force to the
prosecution of violations ...
SOURCES
IHL - Art. 38(1), ICJ
Statutes
Convention
Customs
Courts
Article &
Publications
ICL
International
conventions
Cust...
KEY LEGAL INSTRUMENTS ON IHL
1864 GenevaConvention
1868 St. Petersburg
Declaration
1899 & 1907 Hague
Conventions
1929 Gene...
APPLICATION OF INTERNATIONAL
CRIMINAL LAW
• Requirements
1. Ratione personae
2. Ratione materiae
3. The responsibility ari...
REGULATION OF ICL
• More than 270 international treaties regulate
international criminal law.
Rome Statutes 1998
The statu...
AAPLICATION INTERNATIONAL
HUMANITARIAN LAW
• International humanitarian law applies only to
armed conflict – NOT to intern...
INTERNATIONAL ARMED CONFLICT
AND NON ITNERNATIONATIONAL
ARMED CONFLICT
• The legal regulation of international armed confl...
BASIS OF IHL
• principle of distinction, which applies in all armed conflicts.
This principle obliges “Parties to a confli...
INTERNATIONAL HUMANITARIAN
LAW COVERS TWO AREAS
• the protection of those who are not, or no
longer, taking part in fighti...
• What restrictions are there on weapons and tactics?
International humanitarian law prohibits all means and
methods of wa...
CONNECTION BETWEEN IHL AND ICL
• IHL and human rights law helped to develop
the ICL
• IHL and HR law also is relevant for ...
• Human Rights Law and IHL are connected :
ICJ:
• “[T]he protection offered by human rights
conventions does not cease in ...
• The laws and customs of war, or international
humanitarian law, were created to protect
citizens during armed conflicts....
PROSECUTION OF WAR CRIMINALS
UNDER IHL
• On becoming party to the Geneva Conventions,
States undertake to enact any legisl...
PROSECUTION OF WAR CRIMINALS UNDER IHL
•
States criminal laws - only to crimes committed on its territory or
by its own na...
CATEGORIES OF INTERNATIONAL
CRIMES
• aggression, genocide, crimes against humanity, war
crimes, crimes against UN personne...
Core
Crimes
Crimes
Against
Humanity
War
Crimes
Genocide
Aggression
WAR CRIMES
• There are no clear definitions of international
crimes, nor is there a legal body that groups
them together a...
• Even after codifying crimes of genocide, certain
difficulties in their determination remain. Crimes
of genocide involve ...
• Karadsic and Mladic the ICTY resolved that
"The degree to which the group was destroyed in whole
or in part is not neces...
• August 1945, the Allied Powers, meeting in London,
signed the agreement that created the International
Military Tribunal...
• In spite of the advances of the Nuremberg
trials, crimes against humanity continued to
be considered as accessories to w...
• Allied Control Council’s adoption of a wider
definition of crimes against humanity was an
important milestone, although ...
• Commission of International Law’s 1996 “Draft Code of Crimes
Against the Peace and Security of Mankind”, elaborated at t...
• Ad-hoc Tribunals for Rwanda and Yugoslavia, and the
Statute of the International Criminal Court.
Article 5 of the Statut...
• In the Tadic Appeals Chamber judgment, the
ICTY established that demanding proof of
armed conflict restricts the reach o...
• The Statute of the International Criminal Court incorporates the
ICTY approach (“…any of the following acts when committ...
• The Statutes of the ICTY and ICTY contemplates crimes
or infractions derived from Article 3 of Protocol II of
the Geneva...
• The ICC Statute makes reference to the grave breaches
in Article 3 common to the 1949 Geneva Conventions,
and to other g...
• Genocide : In agreement with Article 2 of the Genocide
Convention, “genocide means any of the following acts
committed w...
• Crimes against humanity : There is no single
definition of crimes against humanity, although
they are included in the IC...
• Conduct constituting a crime against humanity includes: murder,
extermination, slavery, deportation, torture, rape, pers...
• REPORT OF THE SPECIAL RAPPORTEUR ON SYSTEMATIC RAPE, SEXUAL
SLAVERY AND SLAVERLY-LIKE PRACTICES DURING WARTIME.
• Crime:...
PIL
IHL
ICL
DISTICTION BTWEEN IHL AND ICL
• Not all violation of international humanitarian law constitute war
crimes and not all IHL ...
References
• ICRC, What is International Humanitarian Law?, Fact Sheet, 2004.
• ICRC, Basic Rules of the 1949 Geneva Conve...
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International humanitarian law (ihl)

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An Introduction to International Humanitarian Law, focused on International Criminal Law

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International humanitarian law (ihl)

  1. 1. INTERNATIONAL HUMANITARIAN LAW (IHL) Bhagya Wickrmasinghe LL B(Hons) (Colombo), LL M (Colombo) Attorney-at-Law Lecturer - Department of Law KDU
  2. 2. OUTLINE • Introduction to the main areas • Interlinkages • Sources of IHL and ICL • Main concepts and the connectedness of IHL to International Criminal Law • Application and concepts of IHL
  3. 3. OBJECTIVES • To analyse the main concepts relating to IHL and ICL • To analyse the interconnectedness of the concepts relating to IHL and ICL • To appreciate the conceptual basis and the foundational principles relating to IHL and how they are implemented through the ICL and the ICC
  4. 4. • http://oneislandtwonationsblogspotcom.type pad.com/blog/2015/09/congolese-rebel- bosco-ntaganda-faces-war-crime-charges.html
  5. 5. INTER-LINKAGES Public International Law PIL International Human Rights IHR International Humanitarian Law IHL International Criminal Law ICL
  6. 6. WHAT IS ICL • The principle that individuals are and can be held criminally accountable for violations of the laws of war dates back to many years. • The idea of individual criminal responsibility for serious breaches of international law gained ground after World War II and the Nuremberg and Tokyo trials, set up to judge those German and Japanese military leaders accused of serious crimes during the war.
  7. 7. WHAT IS IHL • IHL has developed separately from International human rights law. • Also called the law of armed conflict or the laws of war – Regulates the conduct of warfare. Most of the applicable rules are to be found in the four 1949 Geneva Conventions and their two 1977 Additional Protocols.
  8. 8. IHR-IHL-ICL • IHL is one of the oldest branches of Public International Law Purpose of IHL • Regulates the conduct of parties to a conflict (hostilities) and the protection of categories of persons/civilians and civilian objects. • ICL- is a blend of legal principles with different nature, goals, content, methods, subjects – and provides for individual responsibility for serious crimes of international concern.
  9. 9. HISTORY AND EMERGENCE OF IHL • War has always been regulated. Medieval Crusades 19th century and the regulation based on unilateral decisions made by nations or parties in conflict Modern law on armed conflict - Hague regulations and the Geneva Regulations
  10. 10. • Geneva Convention 1949 • Additional Protocols of 1977 Main sources of IHL • 1954 Convention, Protection of Cultural Property in the Event of Armed Conflict • 1972 Biological Weapons Convention • 1980 Conventional Weapons Convention and Its five protocols • 1993 chemical Weapons • 1997 Ottawa Convention on anti- personal mines • 2000 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict Agreements on use of weapons and military tactics and protect certain categories of people and goods
  11. 11. HISTORY AND EMERGENCE OF IHL • -In the medieval Crusades applied to only knights and crusaders • -Ancient China • -Simon Bolivar • Andres Bello • 19th century – sporadic and unsystematic protection of civilian population and victims. • 1863 : Abraham Lincoln • Battle of Solferino 1859 • 1907 : Modern law on armed conflicts began to develop around two intimately related traditions: The Hague Regulations, which regulate the use of force and hostilities; and the Geneva Regulations, which seek to alleviate combatants’ suffering and to protect civil populations affected by conflict.
  12. 12. BASIC PRINCIPLE OF INTERNATIONAL CRIMINAL LAW • Relatively new legal discipline composed of legal regulation that derive from international law and domestic criminal law. • The complementary between international and domestic criminal systems makes legal discipline in its character, sources, methods, themes and contents. • International criminal law seeks a balance between national sovereignty and the need to regulate the multifaceted relations and interests among States and the interests of the international community.
  13. 13. BASIC PRINCIPLE OF INTERNATIONAL CRIMINAL LAW • It is the branch of law that gives force to the prosecution of violations of international law of human rights and IHL. • The three branches such as IHR, IHL and ICL are interconnected and mutually reinforce each other.
  14. 14. SOURCES IHL - Art. 38(1), ICJ Statutes Convention Customs Courts Article & Publications ICL International conventions Customary law General principles Jurisprudence of international tribunals
  15. 15. KEY LEGAL INSTRUMENTS ON IHL 1864 GenevaConvention 1868 St. Petersburg Declaration 1899 & 1907 Hague Conventions 1929 Geneva Convention 1949 Geneva Convention Additional Protocols to the Geneva Conventions • AP I • AP II • AP III
  16. 16. APPLICATION OF INTERNATIONAL CRIMINAL LAW • Requirements 1. Ratione personae 2. Ratione materiae 3. The responsibility arising from the criminal act established by international and 4. Rules of procedure of international law and domestic law that incorporate a minimum of rights of the accused. 5. The application of punishment involving both international and domestic mechanism 6. Completion of punishment corresponds national legal systems 7. The types of cooperation is same for international and national crimes
  17. 17. REGULATION OF ICL • More than 270 international treaties regulate international criminal law. Rome Statutes 1998 The statutes of the ad-hoc tribunals for Yugolavia 1993 & Rwanda 1994 Genocide Convention 1948 Convention Against Torture Tokyo Proclamations for establishment of military tribunal in far east 1946 UNGA Resolution 95(1) Doc.A/64/ADD.1 on Nuremburg Tribunals
  18. 18. AAPLICATION INTERNATIONAL HUMANITARIAN LAW • International humanitarian law applies only to armed conflict – NOT to internal tensions or disturbances such as isolated acts of violence. The law applies only once a conflict has begun, and then equally to all sides regardless of who started the fighting. • International armed conflicts are those in which at least two States are involved.
  19. 19. INTERNATIONAL ARMED CONFLICT AND NON ITNERNATIONATIONAL ARMED CONFLICT • The legal regulation of international armed conflicts is more detailed and the protection afforded by the law greater than is the case with non-international armed conflicts. Ex : obligation on parties to an international armed conflict to accord captured combatants the status of prisoner of war (POW) with the associated rights and obligations. This prevents the prosecution of a POW for the mere fact of participation in hostilities. There is no such right to POW status in the law governing non-international armed conflicts (although captured fighters are still entitled to legal protection).
  20. 20. BASIS OF IHL • principle of distinction, which applies in all armed conflicts. This principle obliges “Parties to a conflict” (i.e. the warring parties, whether states or non-state armed groups) to target only military objectives and not the civilian population or individual civilians or civilian objects (e.g. homes, schools, and hospitals). Failing to make this distinction in military operations represents an indiscriminate attack and is a war crime. • Although it is not possible for parties to a conflict always to avoid civilian casualties when engaged in military operations, international humanitarian law also requires that parties to a conflict take precautions in any attack to minimise civilian deaths and injuries. Attacks likely to cause deaths or injuries among the civilian population or damage to civilian objects which would be "excessive" compared to the expected military advantage must be cancelled or suspended
  21. 21. INTERNATIONAL HUMANITARIAN LAW COVERS TWO AREAS • the protection of those who are not, or no longer, taking part in fighting; • restrictions on the means of warfare – in particular weapons – and the methods of warfare, such as military tactics.
  22. 22. • What restrictions are there on weapons and tactics? International humanitarian law prohibits all means and methods of warfare which: – fail to discriminate between those taking part in the fighting and those, such as civilians, who are not, the purpose being to protect the civilian population, individual civilians and civilian property; – cause superfluous injury or unnecessary suffering; – cause severe or long-term damage to the environment. Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines
  23. 23. CONNECTION BETWEEN IHL AND ICL • IHL and human rights law helped to develop the ICL • IHL and HR law also is relevant for the interpretation and application • ICL is seen as an alternative when the states do not abide by their HR obligations.
  24. 24. • Human Rights Law and IHL are connected : ICJ: • “[T]he protection offered by human rights conventions does not cease in case of armed conflict, save through the effect of provisions for derogation of the kind to be found in Article 4 of the International Covenant on Civil and Political Rights”
  25. 25. • The laws and customs of war, or international humanitarian law, were created to protect citizens during armed conflicts. Under ICL, many violations of international humanitarian law are now considered war crimes. However, the two bodies of law have distinct modes of interpretation and application, and while international humanitarian law can be useful in interpreting ICL, the two should not be conflated.
  26. 26. PROSECUTION OF WAR CRIMINALS UNDER IHL • On becoming party to the Geneva Conventions, States undertake to enact any legislation necessary to punish persons guilty of grave breaches of the Conventions. States are also bound to prosecute in their own courts any person suspected of having committed a grave breach of the Conventions, or to hand that person over for judgment to another State. In other words, perpetrators of grave breaches, i.e. war criminals, must be prosecuted at all times and in all places, and States are responsible for ensuring that this is done.
  27. 27. PROSECUTION OF WAR CRIMINALS UNDER IHL • States criminal laws - only to crimes committed on its territory or by its own nationals. International humanitarian law - goes further in that it requires States to seek out and punish any person who has committed a grave breach, irrespective of his nationality or the place where the offence was committed. This principle of universal jurisdiction is essential to guarantee that grave breaches are effectively repressed. • Such prosecutions may be brought either by the national courts of the different States or by an international authority. In this connection, the International Criminal Tribunals for the former Yugoslavia and Rwanda were set up by the UN Security Council in 1993 and 1994, respectively, to try those accused of war crimes committed during the conflicts in those countries.
  28. 28. CATEGORIES OF INTERNATIONAL CRIMES • aggression, genocide, crimes against humanity, war crimes, crimes against UN personnel; mercenaries, torture, apartheid, slavery, pirating, airplane hijacking, illegal acts against the environment, illegal drug trafficking, illegal pornography trafficking, theft of radioactive material, possession and use of illegal arms, illegal human experimentation, illegal acts against maritime navigation, the destruction and theft of national treasures, illegal acts against internationally protected people, mail fraud, the taking of civilian hostages, illegal acts interfering with submarine cables, bribing public officials, forgery
  29. 29. Core Crimes Crimes Against Humanity War Crimes Genocide Aggression
  30. 30. WAR CRIMES • There are no clear definitions of international crimes, nor is there a legal body that groups them together as such. In effect, defining these crimes is a process of diversified codification by various treaties or by international custom. • The International Criminal contributes to international humanitarian law and international human rights law since gathers advances in codification and international custom, systematizes them and defines them in a single document: the Statute of the Court.
  31. 31. • Even after codifying crimes of genocide, certain difficulties in their determination remain. Crimes of genocide involve three fundamental elements: the identification of a group; the intention to partially or totally destroy the group (mens rea); and the commission of any of the acts mentioned in the definition (actus rea). The definition of “group” does not include political or cultural groups—these categories were suppressed in the original version of the Statute of Rome due to strong opposition from certain sectors. In respect to mens rea and actus rea, the prosecutor must establish the criminal intent of the accused; the ICTR and the ICTY have made important contributions to this concept.
  32. 32. • Karadsic and Mladic the ICTY resolved that "The degree to which the group was destroyed in whole or in part is not necessary to conclude that genocide has occurred. That one of the acts enumerated in the definition was perpetrated with a specific intent suffices. (...) The intent which is peculiar to the crime of genocide need not be clearly expressed. (...) The intent may be inferred from a certain number of facts such as the general political doctrine which gave rise to the acts possibly covered by the definition in Article 4 [of the Statute], or the repetition of destructive and discriminatory acts. The intent may also be inferred from the perpetration of acts which violate, or which the perpetrators themselves consider to violate, the very foundation of the group - acts which are not in themselves covered in the list in Article 4(2) which are committed as part of the same pattern of conduct."
  33. 33. • August 1945, the Allied Powers, meeting in London, signed the agreement that created the International Military Tribunal, commonly known as the Nuremberg court. Article 6 established that the Tribunal would have jurisdiction to try those accused of crimes against peace, war crimes, and crimes against humanity. • Crimes against humanity were understood as “murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.”
  34. 34. • In spite of the advances of the Nuremberg trials, crimes against humanity continued to be considered as accessories to war crimes. They were mainly used to protect the inhabitants of a country from the authorities of an occupying power and had to have a nexus with war crimes or crimes against peace.
  35. 35. • Allied Control Council’s adoption of a wider definition of crimes against humanity was an important milestone, although the Control Council only had national jurisdiction in Germany. The definition marked an advance in the understanding of these crimes: “Atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecution on political, racial or religious grounds whether or not in violation of the domestic law of the country where perpetrated.”
  36. 36. • Commission of International Law’s 1996 “Draft Code of Crimes Against the Peace and Security of Mankind”, elaborated at the request of the General Assembly of the United Nations. In the Draft Code, crimes against humanity are defined as: “any of the following acts, when committed in a systematic manner or on a large scale and instigated or directed by a Government or by any organization or group: (a) murder; (b) extermination; (c) torture; (d) enslavement; (e) persecution on political, racial, religious or ethnic grounds; (f) institutionalized discrimination on racial, ethnic or religious grounds involving the violation of fundamental human rights and freedoms and resulting in seriously disadvantaging a part of the population; (g) arbitrary deportation or forcible transfer of population; (h) arbitrary imprisonment;(i) forced disappearance of persons;(j) rape, enforced prostitution and other forms of sexual abuse;(k) other inhumane acts which severely damage physical or mental integrity, health or human dignity, such as mutilation and severe bodily harm (art. 18).”
  37. 37. • Ad-hoc Tribunals for Rwanda and Yugoslavia, and the Statute of the International Criminal Court. Article 5 of the Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY) establishes its competence to try those accused of the following crimes against the civilian populations in times of armed conflict: “(a) murder; (b) extermination; (c) enslavement; (d) deportation; (e) imprisonment; (f) torture; (g) rape; (h) persecutions on political, racial and religious grounds; (i) other inhumane acts.”
  38. 38. • In the Tadic Appeals Chamber judgment, the ICTY established that demanding proof of armed conflict restricts the reach of the customary law concept of crimes against humanity, since after the Nuremberg trials it is no longer necessary to establish a nexus between crimes against humanity and war crimes or crimes against peace.
  39. 39. • The Statute of the International Criminal Court incorporates the ICTY approach (“…any of the following acts when committed as part of a widespread or systematic attack directed against anycivilian population, with knowledge of the attack (art. 7(1))” and, in addition to the crimes listed by the ICTY and ICRY, includes: Deportation or forcible transfer of population; Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender…or other grounds that are universally recognized as impermissible under international law; Enforced disappearance of persons; The crime of apartheid; Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health (art. 7(1)).
  40. 40. • The Statutes of the ICTY and ICTY contemplates crimes or infractions derived from Article 3 of Protocol II of the Geneva Conventions. • The International Criminal Court contemplates conduct, in the realm of both international and internal armed conflicts, which can be prosecuted at an international level. The ICC statute makes special mention of the character this conduct must have in order to fall within the Court’s jurisdiction. Article 8(1) establishes that “The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.”
  41. 41. • The ICC Statute makes reference to the grave breaches in Article 3 common to the 1949 Geneva Conventions, and to other grave breaches of laws applicable to non- international conflicts, within the framework of international law. The Statute lists the infractions, specifying that they must be committed against persons not participating directly in hostilities, including members of the armed forces who have given up their arms and those who are out of combat due to illness, wounds, detention, or any other reason (see Art. 8(2)(c)(i-iv) and (e)( i-xii)). The applicability of the Statute to internal conflicts is restricted in respect to situations of disturbances or internal tension, such as mutinies, isolated and sporadic acts of violence, or other acts of similar character.
  42. 42. • Genocide : In agreement with Article 2 of the Genocide Convention, “genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group.”
  43. 43. • Crimes against humanity : There is no single definition of crimes against humanity, although they are included in the ICC, ICTY and ICTR Statutes. Taking the elements common to the three Statutes, the following definition can be constructed: - Crimes against humanity must be committed against a civilian population. - Crimes against humanity must be committed on a massive or systematic scale. - Crimes against humanity must be intentional.
  44. 44. • Conduct constituting a crime against humanity includes: murder, extermination, slavery, deportation, torture, rape, persecution for political, racial, or religious motives, and other inhumane acts. • A. Crimes against the laws and customs applicable to armed conflict These crimes constitute “war crimes”, in relation to the Hague Conventions governing war and its limits, as well as to the Geneva Regulations which govern protection of war victims. • B. Breaches of the Hague Conventions and other regulations of war The numerous conventions and protocols codifying the laws of war originate from the 14 Hague Conventions, drafted between 1899 and 1907. These regulations apply to international conflicts and mainly relate to the type of arms used in conflict, and certain prohibited arms. • C. Breaches of the Geneva Conventions The Geneva Conventions distinguish between grave breaches and other breaches of the Conventions.
  45. 45. • REPORT OF THE SPECIAL RAPPORTEUR ON SYSTEMATIC RAPE, SEXUAL SLAVERY AND SLAVERLY-LIKE PRACTICES DURING WARTIME. • Crime: Rape In regards to the requirement of penetration in the definition of rape, the Special Rapporteur wrote in her final report: “Although this report retains ‘penetration’ in the definition of rape, it is clear that the historic focus on the act of penetration largely derives from a male preoccupation with assuring women's chastity and ascertaining paternity of children. It is important, nevertheless, to emphasize that all forms of sexual violence, including but not limited to rape, must be condemned and prevented (para. 24).” Crime: Sexual Slavery The Special Rapporteur defines slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including sexual access through rape or other forms of sexual violence… Implicit in the definition of slavery are notions concerning limitations on autonomy, freedom of movement and power to decide matters relating to one's sexual activity (paras. 27 and 29).
  46. 46. PIL IHL ICL
  47. 47. DISTICTION BTWEEN IHL AND ICL • Not all violation of international humanitarian law constitute war crimes and not all IHL treaties criminalize violations. • However certain violations of IHL could be categorized as crimes though customary law. • ICL – individual criminal responsibility for violation of IL. • IHL focus on actions and obligations of states and government or parties to a conflict.
  48. 48. References • ICRC, What is International Humanitarian Law?, Fact Sheet, 2004. • ICRC, Basic Rules of the 1949 Geneva Conventions and 1977 Additional Protocols, 1988. • The Academy experts meetings papers • The Supervision of the Lawfulness of Detention during Armed Conflict • The Right to Life in Armed Conflict and Situations of Occupation • Private Military Contractors: Status and State Responsibility for their Actions • Targeting military objectives • http://www.geneva- academy.ch/RULAC/international_humanitarian_law.php • http://www.geneva-academy.ch/RULAC/pdf/What-is-IHL.pdf • “Even War Has Limits”, which can be found in any Ombudsman Office (Defensoría) in Colombia, or go to the web page http://www.defensoria.org.co. • Viteri, Pietro. Dictionary of International Law in Armed Conflicts. • http://www.iccnow.org/documents/IHLManualDiagramado.pdf

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