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 COVID-19 has presented the armed forces a
challenge to underline all training efforts.
 So also for dissemination of IHL.
 This presentation show cases a way ahead.
Maj Gen Nilendra Kumar
Director
Lex Consilium Foundation
 Dissemination, compliance and
enforcement are three inter-connected
processes.
 means spreading of information, ideas
or knowledge.
 Facilitates and promotes a concept or
principle.
 Explaining the meaning, purpose and
import of law.
1. IHL binds not only the State Parties but
also carries individual criminal
responsibility.
2. It is the obligation of the States to
teach IHL in its military training
programmes.
 The persons who are not or are no
longer participating in the hostilities.
 The protection is done by restricting
the means and methods of warfare.
Four Geneva Conventions and their
Additional Protocols.
The High Contracting Parties undertake
to respect and to ensure respect for
the present Conventions in all
circumstances.
Common Article 1of GC 1 to 4.
Obligate the States to take all feasible
precautions for training of their armed
forces.
CCW PROTOCOL IV ON BLINDING LASER WEAPONS, 1995
In order to prevent and suppress breaches,
High Contracting parties and parties to the
conflict shall require that the commanders,
commensurate with their level of
responsibilities, ensure that members of the
armed forces under their command are
aware of their obligations under the
Conventions and Protocols.
 1995 Protocol on Blinding laser weapons,
( Protocol IV to the 1980 Convention on
certain conventional weapons) prohibits use
of blinding laser weapons as a means or
methods of warfare as well as their transfer to
any state or non-state actor.
Awareness of commanders would
remain meaningless unless all under
one’s command are fully aware of
their duties and rights.
1. China-India
skirmish
2. India Pakistan
border shoot outs
3. Persian Gulf crisis
4. Syrian civil war
5. Military
operations
a. Yemen
b. Congo
c. South Sudan
 Since the identification of first case in
Wuhan, China in December 2019, it has
spread worldwide, leading to an ongoing
pandemic.
 According to John Hopkins University,
16,71772 deaths have taken place till April
2020. The death- to-case ratio is 2.2%.
 Different countries had ordered lockdown in
various modes.
1. Strain on the role of
healthcare workers and
health facilities
2. Paucity of resources
3. Cyber attacks
4. Employment of drones
5. Introduction of robots
1. Shutting down of training academies &
recruitment centers.
2. Restrictions on travel
3. Shelving of large drills and large scale
exercises.
 Open and distance learning are not useful if
they give only bookish knowledge without
adequate attention on practice and
application.
Nearly 20,000 Indian military
personnel were infected by the novel
corona virus.
Figures as on 16 Sep 2020
ARMY 16,758
NAVY 1,365
AIRFORCE 1,716
EXAMPLES OF COVID-19
REPURCUSSIONS
 It was the novel Corona Virus that delayed a
key annual army training exercise along the
line of actual control (LAC) giving the Chinese
troops a crucial window to move into and
grab strategic position.
 In Yemen, both states and non-state armed
groups have hindered humanitarian access by
the UN and aid agencies.
1. Maximizing telework facility.
2. Reduced on-site activities.
3. Work from home or anywhere.
4. Increased reliance on simulators and
software.
SUGGESTED ACTIONS
 Military leadership has little option but
to explore feasibility of introduction of
IT based dissemination measures.
 Utilize this opportunity for review of
drafting of précis, pamphlets, manuals
and handbooks.
THE ABOVE MAY INVOLVE
 Revisit rules of engagements.
 Produce instructional films.
 Need to curb the tendency to
exploit the pandemic to gain a
military advantage.
1. This process should be regularly and
continuously carried out.
2. The effort should not be compromised.
 Prepare training modules targeted at
officers holding specific posts or
those from a particular regiment or
corps.
The principles of humanity and human
dignity must play a significant role in all
military operations.
Armed Forces delegates of the ICRC for
virtual lectures.
FURTHER MEASURES
 In occupied territories and conflict affected
countries, soldiers can be trained to be on
stand-by role to assist in COVID 19 large
scale vaccination programme, and mass
Corona Virus testing.
 To simplify the legal text, instructors may use
examples and illustrations .
 During COVID 19 Refugee law and immigration
law should focus on detentions and alternatives
to detention.
 Take into account Universal Periodic Report
(UPR) of the United Nations Security Council,
and National Reports, in so far as IHL
provisions are concerned, to identify aspects
needing inclusion in training efforts.
 Feedback and recommendations be sought
from the units and formations about their IHL
compliance experience to draw suitable case
studies.
1. ICRC
2. UN High Commission for Refugees ( UNHCR)
3. Office of the High Commissioner for Human
Rights ( OHCHR)
4. International Organization for Migration
(IOM)
5. UN office at Geneva (UNOG)
Universities and institutions with proven
competence in IHL dissemination may be
co-opted on need specific basis by the Armed
Forces and vice-versa.
Integrity and flexibility may be gainfully
utilized to enhance dissemination
efforts relating to IHL.

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Dissemination of IHL within the Armed Forces During the Pandemic.pptx

  • 1.
  • 2.  COVID-19 has presented the armed forces a challenge to underline all training efforts.  So also for dissemination of IHL.  This presentation show cases a way ahead.
  • 3. Maj Gen Nilendra Kumar Director Lex Consilium Foundation
  • 4.  Dissemination, compliance and enforcement are three inter-connected processes.
  • 5.  means spreading of information, ideas or knowledge.
  • 6.  Facilitates and promotes a concept or principle.
  • 7.  Explaining the meaning, purpose and import of law.
  • 8. 1. IHL binds not only the State Parties but also carries individual criminal responsibility. 2. It is the obligation of the States to teach IHL in its military training programmes.
  • 9.  The persons who are not or are no longer participating in the hostilities.  The protection is done by restricting the means and methods of warfare.
  • 10. Four Geneva Conventions and their Additional Protocols.
  • 11. The High Contracting Parties undertake to respect and to ensure respect for the present Conventions in all circumstances. Common Article 1of GC 1 to 4.
  • 12. Obligate the States to take all feasible precautions for training of their armed forces. CCW PROTOCOL IV ON BLINDING LASER WEAPONS, 1995
  • 13. In order to prevent and suppress breaches, High Contracting parties and parties to the conflict shall require that the commanders, commensurate with their level of responsibilities, ensure that members of the armed forces under their command are aware of their obligations under the Conventions and Protocols.
  • 14.  1995 Protocol on Blinding laser weapons, ( Protocol IV to the 1980 Convention on certain conventional weapons) prohibits use of blinding laser weapons as a means or methods of warfare as well as their transfer to any state or non-state actor.
  • 15. Awareness of commanders would remain meaningless unless all under one’s command are fully aware of their duties and rights.
  • 16. 1. China-India skirmish 2. India Pakistan border shoot outs 3. Persian Gulf crisis 4. Syrian civil war 5. Military operations a. Yemen b. Congo c. South Sudan
  • 17.  Since the identification of first case in Wuhan, China in December 2019, it has spread worldwide, leading to an ongoing pandemic.  According to John Hopkins University, 16,71772 deaths have taken place till April 2020. The death- to-case ratio is 2.2%.  Different countries had ordered lockdown in various modes.
  • 18. 1. Strain on the role of healthcare workers and health facilities 2. Paucity of resources 3. Cyber attacks 4. Employment of drones 5. Introduction of robots
  • 19. 1. Shutting down of training academies & recruitment centers. 2. Restrictions on travel 3. Shelving of large drills and large scale exercises.
  • 20.  Open and distance learning are not useful if they give only bookish knowledge without adequate attention on practice and application.
  • 21. Nearly 20,000 Indian military personnel were infected by the novel corona virus. Figures as on 16 Sep 2020 ARMY 16,758 NAVY 1,365 AIRFORCE 1,716
  • 22. EXAMPLES OF COVID-19 REPURCUSSIONS  It was the novel Corona Virus that delayed a key annual army training exercise along the line of actual control (LAC) giving the Chinese troops a crucial window to move into and grab strategic position.
  • 23.  In Yemen, both states and non-state armed groups have hindered humanitarian access by the UN and aid agencies.
  • 24. 1. Maximizing telework facility. 2. Reduced on-site activities. 3. Work from home or anywhere. 4. Increased reliance on simulators and software.
  • 25. SUGGESTED ACTIONS  Military leadership has little option but to explore feasibility of introduction of IT based dissemination measures.  Utilize this opportunity for review of drafting of précis, pamphlets, manuals and handbooks.
  • 26. THE ABOVE MAY INVOLVE  Revisit rules of engagements.  Produce instructional films.  Need to curb the tendency to exploit the pandemic to gain a military advantage.
  • 27. 1. This process should be regularly and continuously carried out. 2. The effort should not be compromised.
  • 28.  Prepare training modules targeted at officers holding specific posts or those from a particular regiment or corps.
  • 29. The principles of humanity and human dignity must play a significant role in all military operations.
  • 30. Armed Forces delegates of the ICRC for virtual lectures.
  • 31. FURTHER MEASURES  In occupied territories and conflict affected countries, soldiers can be trained to be on stand-by role to assist in COVID 19 large scale vaccination programme, and mass Corona Virus testing.
  • 32.  To simplify the legal text, instructors may use examples and illustrations .
  • 33.  During COVID 19 Refugee law and immigration law should focus on detentions and alternatives to detention.
  • 34.  Take into account Universal Periodic Report (UPR) of the United Nations Security Council, and National Reports, in so far as IHL provisions are concerned, to identify aspects needing inclusion in training efforts.
  • 35.  Feedback and recommendations be sought from the units and formations about their IHL compliance experience to draw suitable case studies.
  • 36. 1. ICRC 2. UN High Commission for Refugees ( UNHCR) 3. Office of the High Commissioner for Human Rights ( OHCHR) 4. International Organization for Migration (IOM) 5. UN office at Geneva (UNOG)
  • 37. Universities and institutions with proven competence in IHL dissemination may be co-opted on need specific basis by the Armed Forces and vice-versa.
  • 38. Integrity and flexibility may be gainfully utilized to enhance dissemination efforts relating to IHL.