Program on Humanitarian Policy and Conflict Research (HPCR) Harvard UniversityChallenges to the Application of IHL to Afgh...
Challenges to the Application of IHL to Afghanistan                    November 4, 2011                    Live Web Semina...
The International Review of the Red Crosswww.icrc.org/eng/review                                 www.journals.cambridge.or...
• Forum for debate on InternationalHumanitarian Law, policy and actionduring armed conflict and othersituations of violenc...
Challenges to the Application of IHL to Afghanistan   Presented by HPCR and the International Review of the Red           ...
PanelistsMarkus CottICRCMatthew HoverNaval War CollegeGabor RonaHuman Rights FirstFiona TerryIndependent Researcher
Markus Cott is Deputy Head of the International             Committee of the Red Cross delegation in Kabul.             He...
IHL challenges within the challenges of Afghanistan• Social – economic – political challenges and  humanitarian/IHL challe...
IHL challenges within the challenges of Afghanistan• Transition: Disengagement of international community:   • What is the...
Major Matthew R. Hover joined the faculty of the International LawDepartment in June 2011 after graduating with distinctio...
The “Geography of War”• The U.S. Government position on targeting Al Qaeda  outside of Afghanistan• The concept of the "ho...
Does Article 51 allow for   NO                               Self Defense against an                               armed a...
Self-Defense                                         Status Individual analysis for    Is action against AQ    Combatant t...
Gabor Rona is the International Legal Director of               Human Rights First, where he advises its programs         ...
US detention issues in AfghanistanI. Challenges to legal basis - importance of the distinctionbetween IAC and NIAC, betwee...
Fiona Terry is an independent researcher on humanitarian               action. She has spent most of the last 20 years inv...
Actions Speak Louder than Words: Reasserting the Neutrality of Humanitarian Action in                     Afghanistan1. Ho...
Questions and comments
Program on Humanitarian Policyand Conflict Research (HPCR)Harvard University                                Hosts         ...
PanelistsMarkus CottICRCMatthew HoverNaval War CollegeGabor RonaHuman Rights FirstFiona TerryIndependent Researcher
The Live Seminars on Humanitarian Law and Policy are produced by:                              Program on Humanitarian Pol...
Live Seminar 38: Challenges to the Application of IHL to Afghanistan
Live Seminar 38: Challenges to the Application of IHL to Afghanistan
Live Seminar 38: Challenges to the Application of IHL to Afghanistan
Live Seminar 38: Challenges to the Application of IHL to Afghanistan
Live Seminar 38: Challenges to the Application of IHL to Afghanistan
Live Seminar 38: Challenges to the Application of IHL to Afghanistan
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Live Seminar 38: Challenges to the Application of IHL to Afghanistan

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Live Seminar 38: Challenges to the Application of IHL to Afghanistan

  1. 1. Program on Humanitarian Policy and Conflict Research (HPCR) Harvard UniversityChallenges to the Application of IHL to Afghanistan November 4, 2011
  2. 2. Challenges to the Application of IHL to Afghanistan November 4, 2011 Live Web Seminar Mr. Vincent Bernard Editor-in-Chief International Review of the Red Cross Mr. Claude Bruderlein Director Program on Humanitarian Policy and Conflict Research at Harvard University
  3. 3. The International Review of the Red Crosswww.icrc.org/eng/review www.journals.cambridge.org/IRC
  4. 4. • Forum for debate on InternationalHumanitarian Law, policy and actionduring armed conflict and othersituations of violence• "Conflict in Afghanistan" I & II • Building up stability • Adequacy of the law • Humanitarian access• Future themes of the Review • Armed groups I & II • Future of humanitarian action • Occupation • New technologies and warfare
  5. 5. Challenges to the Application of IHL to Afghanistan Presented by HPCR and the International Review of the Red CrossThe conflict in Afghanistan is in its tenth year, and the situation continuesto challenge protection efforts under international humanitarian law (IHL).While the civilian population has borne the effects of decades of conflictand instability, none of the previous conflicts have raised such directquestions regarding means and methods of implementing IHL.This live web seminar will address a number of issues related to protection,including: The role of IHL in regulating hostilities, particularly issues related to targeting, status of individuals, and the question of the geography of armed conflict. The current nature of detention operations in Afghanistan, and the legal framework(s) by which these operations are regulated. The state of humanitarian operations, the role of humanitarian actors such as the ICRC, and the challenges of access to vulnerable
  6. 6. PanelistsMarkus CottICRCMatthew HoverNaval War CollegeGabor RonaHuman Rights FirstFiona TerryIndependent Researcher
  7. 7. Markus Cott is Deputy Head of the International Committee of the Red Cross delegation in Kabul. He was born in 1969 in Switzerland, and has been been working for the ICRC since 1999 in 6 different countries. His first mission was inAfghanistan during Taliban times. He has been Deputy Headof ICRC in Afghanistan for two years. Besides having studiestheology and philosophy, he holds a Master in Social Policyfrom the London School of Economics.
  8. 8. IHL challenges within the challenges of Afghanistan• Social – economic – political challenges and humanitarian/IHL challenges• 10 years after: still one of the poorest countries on earth• Situation of civilian population: How to remain neutral? – Where to address grievances? How to access basic services?
  9. 9. IHL challenges within the challenges of Afghanistan• Transition: Disengagement of international community: • What is the future?• Residual responsibility: Respect and ensure respect: • Who is responsible?• Conflict going local – proliferation of armed actors: • Who is who?• Interest in IHL and the respect of the adversary
  10. 10. Major Matthew R. Hover joined the faculty of the International LawDepartment in June 2011 after graduating with distinction from the College ofNaval Command and Staff. Before coming to the War College, he served asthe Regiment Judge Advocate for the 160th Special Operations AviationRegiment (Airborne). This assignment included deployments as the legaladvisor for Joint Special Operations Task Forces in both Iraq and AfghanistanOther assignments include: Chief of Administrative & Operational Law, 4thInfantry Division (2007), Chief of Operational Law, Multi National Division-Baghdad, Operation Iraqi Freedom (2006); Trial Counsel and Operational LawAttorney, 4th Brigade Combat Team, 4th Infantry Division (2005); Chief ofLegal Assistance, 4th Infantry Division (2004); and Rifle Platoon Leader, ScoutPlatoon Leader, and Adjutant, 2nd Battalion, 35th Infantry Regiment, 25thInfantry Division (Light), Schofield Barracks, Hawaii (1997-2000).Major Hover received a J.D. in 2003 from The Ohio State University MoritzCollege of Law, and then entered the Judge Advocate General’s Corps. MajorHover also received a Masters of Law Degree in Military Law from the U.S.Army Judge Advocate General’s Legal Center and School in 2008, and aMaster of Arts in National Security and Strategic Studies from the Naval WarCollege in 2011.
  11. 11. The “Geography of War”• The U.S. Government position on targeting Al Qaeda outside of Afghanistan• The concept of the "hot battlefield”• The concept of "unwilling or unable" from neutrality law• The trend of applying IAC law into NIAC to fill gaps
  12. 12. Does Article 51 allow for NO Self Defense against an armed attack by a non- state actor? YES Mapping out the Concept of“Geography of War” UtilizingU.S. Action against Al Qaeda Was 9/11 an armed NO attack by AQ, and did the U.S. response create armed conflict? YES – NIAC Between U.S. and AQ WHERE? Originally Afghanistan “Geography of War” b/c Taliban regime Is it legally required to take place “unable or unwilling” in a defined geographical area? Do you accept “unable NO Must apply law or unwilling” standard enforcement model for AQ located in other outside of AFG States? YES
  13. 13. Self-Defense Status Individual analysis for Is action against AQ Combatant targetable each response – U/U, outside of AFG based under LOAC upon StateImminence, Necessary, on Self Defense or consent or U/U Proportional status? determination
  14. 14. Gabor Rona is the International Legal Director of Human Rights First, where he advises its programs on questions of international law and coordinates international human rights litigation. He also represents Human Rights First with governments,intergovernmental and non-governmental organizations, the mediaand the public on matters of international human rights andinternational humanitarian law (the law of armed conflict). He alsoteaches international humanitarian law at Columbia Law School.Before coming to Human Rights First, Gabor was a Legal Advisorin the Legal Division of the International Committee of the RedCross (ICRC) in Geneva. At the ICRC he focused on theapplication of international humanitarian and human rights law inthe context of counter-terrorism policies and practices.
  15. 15. US detention issues in AfghanistanI. Challenges to legal basis - importance of the distinctionbetween IAC and NIAC, between international law anddomestic law. Where to find "grounds and procedures?"II. What process is due? The role of human rights law re:detention without trial.III. What process is due? The role of human rights law re:Afghan trials.IV. What process is due? The role of human rights law re:transfer of detainees to Afghanistan.V. Targeting and detention: same or different?
  16. 16. Fiona Terry is an independent researcher on humanitarian action. She has spent most of the last 20 years involved in humanitarian operations in different parts of the world including Northern Iraq, Somalia, the Great Lakes region of Africa, Liberia and Sudan. She was a research directorfor Médecins Sans Frontières in Paris from 2000-2003 working on NorthKorea, Sierra Leone and Angola, before spending three years with theInternational Committee of the Red Cross in Myanmar (Burma). FionaTerry holds a Ph.D. in international relations and political science from theAustralian National University and is the author of Condemned to Repeat?The Paradox of Humanitarian Action (Cornell University Press, 2002),which won the 2006 Grawemeyer Award for Ideas Improving World Order.More recently she has been teaching at Duke University in North Carolina,and undertaken several in-depth studies for the ICRC including on thepractice of neutrality in Sudan and Afghanistan, and on the protection ofhealth care in Afghanistan. She is currently based in Kathmandu, Nepal.She is a member of the editorial committee of the International Review of theRed Cross and wrote an article on humanitarian action in Afghanistan for theMarch 2011 issue.
  17. 17. Actions Speak Louder than Words: Reasserting the Neutrality of Humanitarian Action in Afghanistan1. How the ICRC reasserted its neutrality in Afghanistan followingthe murder of an ICRC water engineer in March 2003.2. The continuing constraints to accessing Afghans in need ofhumanitarian assistance.
  18. 18. Questions and comments
  19. 19. Program on Humanitarian Policyand Conflict Research (HPCR)Harvard University Hosts Vincent Bernard Claude Bruderlein Producer Elizabeth Holland Technical Director James Brockman Production Team Dustin Lewis, Christina Blunt & Anaïde Nahikian
  20. 20. PanelistsMarkus CottICRCMatthew HoverNaval War CollegeGabor RonaHuman Rights FirstFiona TerryIndependent Researcher
  21. 21. The Live Seminars on Humanitarian Law and Policy are produced by: Program on Humanitarian Policy and Conflict Research (HPCR) Harvard University Sponsored by: For more information on the Humanitarian Law and Policy Forum, please visit: http://ihlforum.ning.com or http://twitter.com/hpcr or contact: ihlforum@hpcr.org

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