The document discusses recent developments and challenges in international humanitarian law. It addresses changes in the nature of armed conflicts including their increasing complexity with multiple actors. It examines issues around qualifying situations of violence as international or non-international armed conflicts. It also discusses the development and application of international humanitarian law, including treaty law and challenges around classifying mixed or internationalized armed conflicts.
This document summarizes international humanitarian law (IHL), including its sources in customary international law and treaties like the Hague and Geneva Conventions. It describes the key principles of IHL like distinction, proportionality, and military necessity. It discusses the different types of armed conflicts and protected persons under IHL such as civilians, prisoners of war, and the wounded. It also outlines prohibitions on means and methods of warfare and the application of IHL to non-international armed conflicts.
International Humanitarian Law Lecture 6 - Core Principles of IHLNilendra Kumar
This lecture lays down the application and the practice of International Humanitarian Law also known as Law of Armed Conflicts (LOAC). It gives a detailed explanation of the core principles of IHL.
International Humanitarian Law Lecture 8 - Sources of IHLNilendra Kumar
International humanitarian law has two main branches: the Hague law which regulates how armies conduct hostilities, and the Geneva law which regulates the protection of people under one's power. The key sources of international humanitarian law are the four 1949 Geneva Conventions for protecting victims of war, along with additional protocols from 1977. International humanitarian law is strengthened by other international agreements promoting human rights and prohibiting crimes against humanity.
This document provides an outline and objectives for analyzing key concepts relating to international humanitarian law (IHL) and international criminal law (ICL). It discusses the interlinkages between public international law, international human rights law, IHL, and ICL. The document outlines the history and emergence of IHL and ICL, their key legal instruments and sources. It analyzes the application of ICL and categories of international crimes such as war crimes and crimes against humanity. The connection between IHL and ICL is also discussed, particularly how violations of IHL can constitute war crimes under ICL.
Geneva Conventions: Significance and Current ChallengesNilendra Kumar
This document discusses the significance and current challenges of international humanitarian law (IHL). It notes that IHL provides important protections for civilians and the wounded in armed conflicts. However, there are ongoing challenges including the blurring lines between civilians and combatants, ensuring effective implementation on the ground during conflicts, and the increasing role of private security companies. The document also outlines efforts to update IHL commentary and publications, challenges in training and education, and the need for improved dissemination and compliance with IHL.
Intro to international humanitarian law by icrcTabi Khan
International Humanitarian Law (IHL), also known as the Law of Armed Conflict, regulates armed conflict by limiting means and methods of warfare and limiting suffering. IHL protects civilians and those who are wounded, captured or detained. It originated from ancient customs and was modernized in the 1860s by Henry Dunant, who established the International Committee of the Red Cross and promoted the Geneva Conventions protecting wounded soldiers. The four 1949 Geneva Conventions and two 1977 Additional Protocols apply to international and non-international armed conflicts. IHL principles include distinction, proportionality, unnecessary suffering and military necessity. All parties in conflict, including non-state actors, must respect IHL.
This document summarizes international humanitarian law (IHL), including its sources in customary international law and treaties like the Hague and Geneva Conventions. It describes the key principles of IHL like distinction, proportionality, and military necessity. It discusses the different types of armed conflicts and protected persons under IHL such as civilians, prisoners of war, and the wounded. It also outlines prohibitions on means and methods of warfare and the application of IHL to non-international armed conflicts.
International Humanitarian Law Lecture 6 - Core Principles of IHLNilendra Kumar
This lecture lays down the application and the practice of International Humanitarian Law also known as Law of Armed Conflicts (LOAC). It gives a detailed explanation of the core principles of IHL.
International Humanitarian Law Lecture 8 - Sources of IHLNilendra Kumar
International humanitarian law has two main branches: the Hague law which regulates how armies conduct hostilities, and the Geneva law which regulates the protection of people under one's power. The key sources of international humanitarian law are the four 1949 Geneva Conventions for protecting victims of war, along with additional protocols from 1977. International humanitarian law is strengthened by other international agreements promoting human rights and prohibiting crimes against humanity.
This document provides an outline and objectives for analyzing key concepts relating to international humanitarian law (IHL) and international criminal law (ICL). It discusses the interlinkages between public international law, international human rights law, IHL, and ICL. The document outlines the history and emergence of IHL and ICL, their key legal instruments and sources. It analyzes the application of ICL and categories of international crimes such as war crimes and crimes against humanity. The connection between IHL and ICL is also discussed, particularly how violations of IHL can constitute war crimes under ICL.
Geneva Conventions: Significance and Current ChallengesNilendra Kumar
This document discusses the significance and current challenges of international humanitarian law (IHL). It notes that IHL provides important protections for civilians and the wounded in armed conflicts. However, there are ongoing challenges including the blurring lines between civilians and combatants, ensuring effective implementation on the ground during conflicts, and the increasing role of private security companies. The document also outlines efforts to update IHL commentary and publications, challenges in training and education, and the need for improved dissemination and compliance with IHL.
Intro to international humanitarian law by icrcTabi Khan
International Humanitarian Law (IHL), also known as the Law of Armed Conflict, regulates armed conflict by limiting means and methods of warfare and limiting suffering. IHL protects civilians and those who are wounded, captured or detained. It originated from ancient customs and was modernized in the 1860s by Henry Dunant, who established the International Committee of the Red Cross and promoted the Geneva Conventions protecting wounded soldiers. The four 1949 Geneva Conventions and two 1977 Additional Protocols apply to international and non-international armed conflicts. IHL principles include distinction, proportionality, unnecessary suffering and military necessity. All parties in conflict, including non-state actors, must respect IHL.
This document provides an overview of the Law of Treaties based on lectures 4 and 5. It discusses key topics like the codification of international law on treaties in the 1969 Vienna Convention on the Law of Treaties. The summary defines what constitutes a treaty and outlines the process for concluding treaties, including the requirement that state representatives be given full powers to negotiate on behalf of their state.
This document discusses the legal framework governing armed conflict under international law. It outlines the purpose and key principles of International Humanitarian Law (IHL), including the Geneva Conventions and their Additional Protocols. It also discusses the relationship between IHL and International Human Rights Law, and how both apply during armed conflict. Finally, it examines some of the challenges posed by contemporary armed conflicts, including issues around non-state armed groups and implementation of the law.
International humanitarian law presentationRida Khan
International Humanitarian Law (IHL) regulates the conduct of armed conflicts and seeks to limit human suffering. It originated in the 19th century and is now comprised of the Geneva Conventions and additional protocols that protect civilians, prisoners of war, and others not participating in hostilities. IHL applies in both international and non-international armed conflicts and restricts certain weapons and tactics while providing humanitarian protections and oversight of compliance.
International Humanitarian Law Lecture 19 - 70 Years of Geneva ConventionsNilendra Kumar
Geneva Conventions are the main plank of IHL treaty law adopted by India to abide by protection, compliance and adherence norms in armed conflicts
This presentation is a review of past 70 years resume in it's regard.
1. The document discusses the sources and evolution of international law regarding the use of force, including customary international law, the UN Charter, and Security Council resolutions.
2. It analyzes key provisions of the UN Charter related to the prohibition on the use of force, collective security, and self-defense. Debate around the interpretation of these provisions is discussed.
3. Examples related to the Iraq war and "responsibility to protect" doctrine are provided to illustrate debates around exceptions to the prohibition on force.
The document discusses the definitions and sources of international humanitarian law (IHL), also known as the laws of war. It explains that IHL aims to limit suffering and protect civilians during armed conflicts by establishing rules for combatants and military objectives. The main sources of IHL are lawmaking treaties like the Geneva and Hague Conventions, as well as customary international law. The document outlines the key purposes and applicability of IHL, and consequences for violating its provisions.
International humanitarian law (IHL) has its origins in the 19th century but is based on older principles of mitigating human suffering during armed conflict. IHL is derived from both historical sources like the 1864 Geneva Convention and 1907 Hague Regulations, as well as modern treaties like the 1949 Geneva Conventions and 1977 Additional Protocols. These sources aim to balance military necessity with humanitarian protections for civilians and combatants. IHL also includes customary international law derived from widespread and consistent state practice followed out of a sense of legal obligation.
Geneva Convention (III) Relative to the Treatment of Prisoners of War of August 12, 1949
Presentation by Justin Ordoyo
University of the Philippines College of Law
INTERNATIONAL HUMANITARIAN LAW ENGLISH-BURMESE VERSIONMYO AUNG Myanmar
What is international humanitarian law?
Legal factsheet31 DECEMBER 2014
Fact sheet providing a summary description of the sources, content and field of application of international humanitarian law.
International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.
International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions –, in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
https://www.icrc.org/en/document/what-international-humanitarian-law
https://www.facebook.com/zin.linn.9/posts/10208644837335021?pnref=story
This presentation discusses the rights of parties to a conflict to adopt methods and means of warfare at their choice while also highlighting their limits in this regard.
The document discusses the legal regulation of the use of force under international law. It covers:
1) The law before 1945 permitted the use of force under just war doctrine and states' sovereign rights, though there were attempts to prohibit war through the League of Nations and Kellogg-Briand Pact.
2) After 1945, the UN Charter prohibits the use of force except in self-defense or under UN Security Council authorization. The Nicaragua v. US case established that indirect force and intervention are also prohibited, and that self-defense requires an armed attack and a request from the victim state.
3) There are restrictive and permissive views on interpreting prohibitions on force - the restrictive view
The International Court of Justice (ICJ) settles legal disputes submitted by states and provides advisory opinions to UN bodies. It is composed of 15 judges elected by the UN General Assembly and Security Council. The ICJ has jurisdiction over cases between states if they have accepted its jurisdiction, usually by special agreement, treaty clause, or unilateral declaration. States may make reservations to limit the ICJ's jurisdiction over certain disputes like those solely within domestic jurisdiction. The ICJ lacks jurisdiction if states have not consented to its authority and can raise preliminary objections to the admissibility of a case.
Law of war is that part of international law that regulates the resort to armed forces; the conduct to armed forces and the protection of war victims in both national and international conflict; conflicting occupation; and the relationship between conflict, neutral and non-conflicting states
International Humanitarian Law Lecture 11 - International Armed ConflictNilendra Kumar
This presentation recognises two categories of armed conflicts. It further describes the applicability of the conventions specially where it is non international in the strict sense of the term.
The document summarizes the key provisions of the four Geneva Conventions of 1949 and their Additional Protocols, which established international legal standards for humanitarian treatment during war. The conventions protect wounded and sick soldiers; prisoners of war; civilians in occupied territories; and introduce Common Article 3 applying minimum humanitarian standards to non-international armed conflicts. The conventions mandate humane treatment of all persons no longer participating in hostilities and establish independent oversight of compliance by the International Committee of the Red Cross.
This document discusses the sources of international law. It identifies the main sources as treaties, international customs, general principles of law, judicial decisions, and scholarly writings. It examines each source in more detail, including how treaties can become customary international law over time through widespread acceptance and practice. The Statute of the International Court of Justice is also discussed as recognizing these sources of international law. There is no definitive hierarchy between sources, but treaties and customs are generally considered primary sources, along with general principles of law.
This document discusses the protection of civilians in armed conflict. It notes that civilians now make up the vast majority of casualties in war. The UN Security Council has taken steps to protect civilians, such as authorizing force in Libya in 2011. There are several ways to protect civilians, including ensuring compliance with international law, engaging with non-state armed groups, peacekeeping operations, and humanitarian access. Nine current peacekeeping missions have civilian protection mandates. Both human rights law and international humanitarian law are relevant to protecting civilians. Specific vulnerable groups like women, children, and journalists require special protection efforts.
A Critically Analysis of the Doctrine of Use of Force by States under Interna...Onyekachi Duru Esq
The purpose of this presentation is to provide a clear statement, assessment and critical analysis of the rules of international law governing the use of force by states.
This document provides context and definitions related to international humanitarian law and the armed conflict in Syria. It defines international and non-international armed conflicts according to international humanitarian law. It then provides details on the qualification and application of common article 3 and additional protocol II. The document concludes with background information on the social upheaval in Syria since 2011 and causes of the armed conflict between government forces and rebel groups.
This document discusses non-international armed conflicts (NIACs). It provides an overview of key topics regarding NIACs, including how to classify such conflicts, the thresholds for determining when a NIAC exists, which rules of international law apply, and the major differences between NIACs and international armed conflicts (IACs). Specifically, it notes that NIACs occur between a state and non-state actor, the threshold for determining a NIAC is higher than for an IAC, and that both treaty law like Common Article 3 and customary international law shape the rules governing NIACs.
This document provides an overview of the Law of Treaties based on lectures 4 and 5. It discusses key topics like the codification of international law on treaties in the 1969 Vienna Convention on the Law of Treaties. The summary defines what constitutes a treaty and outlines the process for concluding treaties, including the requirement that state representatives be given full powers to negotiate on behalf of their state.
This document discusses the legal framework governing armed conflict under international law. It outlines the purpose and key principles of International Humanitarian Law (IHL), including the Geneva Conventions and their Additional Protocols. It also discusses the relationship between IHL and International Human Rights Law, and how both apply during armed conflict. Finally, it examines some of the challenges posed by contemporary armed conflicts, including issues around non-state armed groups and implementation of the law.
International humanitarian law presentationRida Khan
International Humanitarian Law (IHL) regulates the conduct of armed conflicts and seeks to limit human suffering. It originated in the 19th century and is now comprised of the Geneva Conventions and additional protocols that protect civilians, prisoners of war, and others not participating in hostilities. IHL applies in both international and non-international armed conflicts and restricts certain weapons and tactics while providing humanitarian protections and oversight of compliance.
International Humanitarian Law Lecture 19 - 70 Years of Geneva ConventionsNilendra Kumar
Geneva Conventions are the main plank of IHL treaty law adopted by India to abide by protection, compliance and adherence norms in armed conflicts
This presentation is a review of past 70 years resume in it's regard.
1. The document discusses the sources and evolution of international law regarding the use of force, including customary international law, the UN Charter, and Security Council resolutions.
2. It analyzes key provisions of the UN Charter related to the prohibition on the use of force, collective security, and self-defense. Debate around the interpretation of these provisions is discussed.
3. Examples related to the Iraq war and "responsibility to protect" doctrine are provided to illustrate debates around exceptions to the prohibition on force.
The document discusses the definitions and sources of international humanitarian law (IHL), also known as the laws of war. It explains that IHL aims to limit suffering and protect civilians during armed conflicts by establishing rules for combatants and military objectives. The main sources of IHL are lawmaking treaties like the Geneva and Hague Conventions, as well as customary international law. The document outlines the key purposes and applicability of IHL, and consequences for violating its provisions.
International humanitarian law (IHL) has its origins in the 19th century but is based on older principles of mitigating human suffering during armed conflict. IHL is derived from both historical sources like the 1864 Geneva Convention and 1907 Hague Regulations, as well as modern treaties like the 1949 Geneva Conventions and 1977 Additional Protocols. These sources aim to balance military necessity with humanitarian protections for civilians and combatants. IHL also includes customary international law derived from widespread and consistent state practice followed out of a sense of legal obligation.
Geneva Convention (III) Relative to the Treatment of Prisoners of War of August 12, 1949
Presentation by Justin Ordoyo
University of the Philippines College of Law
INTERNATIONAL HUMANITARIAN LAW ENGLISH-BURMESE VERSIONMYO AUNG Myanmar
What is international humanitarian law?
Legal factsheet31 DECEMBER 2014
Fact sheet providing a summary description of the sources, content and field of application of international humanitarian law.
International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.
International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions –, in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
https://www.icrc.org/en/document/what-international-humanitarian-law
https://www.facebook.com/zin.linn.9/posts/10208644837335021?pnref=story
This presentation discusses the rights of parties to a conflict to adopt methods and means of warfare at their choice while also highlighting their limits in this regard.
The document discusses the legal regulation of the use of force under international law. It covers:
1) The law before 1945 permitted the use of force under just war doctrine and states' sovereign rights, though there were attempts to prohibit war through the League of Nations and Kellogg-Briand Pact.
2) After 1945, the UN Charter prohibits the use of force except in self-defense or under UN Security Council authorization. The Nicaragua v. US case established that indirect force and intervention are also prohibited, and that self-defense requires an armed attack and a request from the victim state.
3) There are restrictive and permissive views on interpreting prohibitions on force - the restrictive view
The International Court of Justice (ICJ) settles legal disputes submitted by states and provides advisory opinions to UN bodies. It is composed of 15 judges elected by the UN General Assembly and Security Council. The ICJ has jurisdiction over cases between states if they have accepted its jurisdiction, usually by special agreement, treaty clause, or unilateral declaration. States may make reservations to limit the ICJ's jurisdiction over certain disputes like those solely within domestic jurisdiction. The ICJ lacks jurisdiction if states have not consented to its authority and can raise preliminary objections to the admissibility of a case.
Law of war is that part of international law that regulates the resort to armed forces; the conduct to armed forces and the protection of war victims in both national and international conflict; conflicting occupation; and the relationship between conflict, neutral and non-conflicting states
International Humanitarian Law Lecture 11 - International Armed ConflictNilendra Kumar
This presentation recognises two categories of armed conflicts. It further describes the applicability of the conventions specially where it is non international in the strict sense of the term.
The document summarizes the key provisions of the four Geneva Conventions of 1949 and their Additional Protocols, which established international legal standards for humanitarian treatment during war. The conventions protect wounded and sick soldiers; prisoners of war; civilians in occupied territories; and introduce Common Article 3 applying minimum humanitarian standards to non-international armed conflicts. The conventions mandate humane treatment of all persons no longer participating in hostilities and establish independent oversight of compliance by the International Committee of the Red Cross.
This document discusses the sources of international law. It identifies the main sources as treaties, international customs, general principles of law, judicial decisions, and scholarly writings. It examines each source in more detail, including how treaties can become customary international law over time through widespread acceptance and practice. The Statute of the International Court of Justice is also discussed as recognizing these sources of international law. There is no definitive hierarchy between sources, but treaties and customs are generally considered primary sources, along with general principles of law.
This document discusses the protection of civilians in armed conflict. It notes that civilians now make up the vast majority of casualties in war. The UN Security Council has taken steps to protect civilians, such as authorizing force in Libya in 2011. There are several ways to protect civilians, including ensuring compliance with international law, engaging with non-state armed groups, peacekeeping operations, and humanitarian access. Nine current peacekeeping missions have civilian protection mandates. Both human rights law and international humanitarian law are relevant to protecting civilians. Specific vulnerable groups like women, children, and journalists require special protection efforts.
A Critically Analysis of the Doctrine of Use of Force by States under Interna...Onyekachi Duru Esq
The purpose of this presentation is to provide a clear statement, assessment and critical analysis of the rules of international law governing the use of force by states.
This document provides context and definitions related to international humanitarian law and the armed conflict in Syria. It defines international and non-international armed conflicts according to international humanitarian law. It then provides details on the qualification and application of common article 3 and additional protocol II. The document concludes with background information on the social upheaval in Syria since 2011 and causes of the armed conflict between government forces and rebel groups.
This document discusses non-international armed conflicts (NIACs). It provides an overview of key topics regarding NIACs, including how to classify such conflicts, the thresholds for determining when a NIAC exists, which rules of international law apply, and the major differences between NIACs and international armed conflicts (IACs). Specifically, it notes that NIACs occur between a state and non-state actor, the threshold for determining a NIAC is higher than for an IAC, and that both treaty law like Common Article 3 and customary international law shape the rules governing NIACs.
International Legal protection of Human rights in armed conflicts.Christina Parmionova
In recent decades, armed conflict has blighted the lives of millions of civilians. Serious violations of international humanitarian and human
rights law are common in many armed conflicts. In certain circumstances, some of these violations may even constitute genocide, war crimes or crimes against humanity.
In the past 20 years, Governments, rebels, politicians, diplomats, activists,
demonstrators and journalists have referred to international humanitarian
law and human rights in armed conflicts. They are regularly referred to
in United Nations Security Council resolutions, in United Nations Human
Rights Council discussions, in political pamphlets of opposition movements,
in reports of non-governmental organizations (NGOs), in the training of soldiers and in diplomatic discussions. International human rights law and international humanitarian law are now important parameters for many
military commanders, advised on the ground by lawyers. Finally, they
are often referred to by defence lawyers and prosecutors in international
and—to a still limited extent—domestic tribunals, and form the basis for
well-reasoned verdicts.
International human rights law and international humanitarian law share
the goal of preserving the dignity and humanity of all. Over the years, the
General Assembly, the Commission on Human Rights and, more recently,
the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of
persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in armed conflict, whether civilians, persons who
are no longer participating directly in hostilities or active participants in the conflict. Indeed, as has been recognized, inter alia, by international and
regional courts, as well as by United Nations organs, treaty bodies and human rights special procedures, both bodies of law apply to situations of armed conflict and provide complementary and mutually reinforcing protection.
The document discusses wartime rape and the international laws around it. It provides background on how wartime rape has historically been endemic, committed with impunity, and trivialized in international law. It outlines key precedents like the International Criminal Tribunal for the Former Yugoslavia recognizing rape as a crime against humanity. The International Criminal Court is highlighted as the first court to codify rape and sexual violence as war crimes and crimes against humanity in its Rome Statute. However, issues around sovereignty and continued uses of rape in conflicts persist.
This document discusses divisions of international law. It begins by defining public international law, private international law, and supranational law. It then focuses on supranational law, providing definitions and examples. Next, it discusses general principles of public international law and international humanitarian law. It defines international humanitarian law and outlines its origins and traditional branches. Finally, it discusses key rules, coverage, application, and similarities/differences between international humanitarian law and human rights law.
Ad hoc Tribunals in International Criminal Law.pptxMasoud Zamani
Exploring the Enduring Impact of ICTY and ICTR on International Criminal Law
In this SlideShare presentation, delve into a comprehensive examination of the enduring legacies left by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) in the realm of international criminal law. Gain insights into their pivotal contributions, landmark cases, and their role in shaping the future of global justice
This document discusses war crimes and international humanitarian law (IHL). It defines war crimes as grave violations of IHL that individuals can be held criminally responsible for. For a crime to occur, there must be an ongoing armed conflict between states or organized armed groups. Crimes must also be sufficiently related to the armed conflict in terms of the perpetrator's role, victim status, or purpose of the act. Common war crimes include deliberately attacking civilians, using weapons that cause unnecessary suffering, and disproportionate attacks that cause excessive civilian harm compared to military advantage gained. While attacks on military targets are allowed under IHL, civilians and civilian infrastructure must be protected to the extent possible during armed conflict.
This document provides a taxonomy and overview of armed conflicts under international humanitarian law. It distinguishes between international armed conflicts (IACs) between states and non-international armed conflicts (NIACs) involving states and armed groups or between armed groups. NIACs are subject to Common Article 3 of the Geneva Conventions and Additional Protocol II. There are protections for civilians, medical personnel, and cultural property. While combatant status does not exist in NIAC, there are similarities between IAC and NIAC rules regarding protection of civilians and conduct of hostilities.
This document discusses the concepts of war crimes and grave breaches in international law. It traces the historical development of efforts to establish universal rules regulating conduct in war from the 19th century through the two World Wars. The Nuremberg trials after WWII helped establish the modern concept of war crimes and individual criminal liability under international law. The Geneva Conventions defined "grave breaches" as serious violations requiring states to enact domestic laws to prosecute perpetrators, but they lacked elements of true criminal law like mens rea. A separate body of international criminal law was needed to attach sanctions to violations of international humanitarian law.
Correlation between jus in bello & jus ad.pptxOmarFarqueTamim
1. Jus ad bellum refers to the legal justification for going to war, while jus in bello refers to the laws governing conduct during war.
2. The two areas of law are separate - jus in bello applies regardless of whether the cause for war is legally justified, in order to protect all victims of war.
3. Key principles include the separation and independence of jus ad bellum and jus in bello, equal application of jus in bello to all parties in a conflict, and their concurrent but separate application.
International humanitarian law (IHL) aims to limit the effects of armed conflict by restricting parties' means and methods of warfare and protecting non-combatants. IHL applies in international and non-international armed conflicts and protects combatants who are wounded, sick, or detained as well as civilians. While IHL has historically developed to address wars between states, contemporary challenges include applying IHL principles to non-state actors, transnational terrorism, privatized military forces, and new technologies like drones and autonomous weapons. Ensuring compliance with existing IHL remains a priority amid these changes.
This document provides an overview of public international law, private international law, and supranational law. It discusses key concepts in public international law including the sources and branches of international law. It also explains international humanitarian law (IHL), its origins and basic rules for protecting individuals during armed conflict. The document then covers Islamic international law (also called Siyar), its primary sources in the Quran and Sunnah, and how it addressed topics like treaties, prisoners of war and conduct in battle.
International humanitarian law (IHL) and international human rights law (IHRL) both aim to protect individuals in armed conflict and civil unrest. IHL regulates armed conflict by limiting means and methods of warfare and reducing suffering. It protects civilians and those no longer taking part in hostilities. IHRL establishes rules for governments in their treatment of individuals during peacetime and conflict, though some rights can be derogated during emergencies. Both bodies of law place duties on states and non-state actors, and establish international mechanisms to support implementation and enforcement.
Respect for human rights during the armed conflict in Ukraine DonbassFullAccess
This document provides an overview of international humanitarian law (IHL) and its application to the armed conflict in Ukraine since 2014. It defines IHL as the branch of international law that regulates violence during armed conflicts. The document outlines the main treaties that are the sources of IHL, including the Geneva Conventions. It notes that while Ukraine is party to most IHL treaties, it has not ratified some, like the Rome Statute establishing the International Criminal Court. The document discusses challenges in applying IHL during the conflict in Ukraine and the need for Ukrainian judges to properly interpret and apply international law and national legislation regarding IHL.
This document discusses the international legal norms governing the use of force, known as jus ad bellum. It examines the prohibition on the use of force under the UN Charter and customary international law, as well as the exceptions for self-defense and Security Council authorized use of force. It also discusses debates around anticipatory self-defense, collective self-defense, the definition of armed attack, and other possible justifications for the use of force.
1. The memorandum discusses the legal status of individuals conducting cyber operations and whether cyber attacks can be considered a "use of force" under international law.
2. There are differing views on how existing international law applies to cyber attacks. Some argue any attack that causes damage should be prohibited, while others argue only attacks using kinetic, physical means were intended in existing treaties.
3. A third approach advocates analyzing cyber attacks on a case-by-case basis considering factors like severity of damage, immediacy of impact, and whether responsibility is claimed to determine if it constitutes a prohibited "use of force." Applying this framework to examples could help clarify the legal status of cyber operations going forward.
The document discusses diplomatic facilities in Indonesia, including:
1. There are 222 foreign missions located across 13 cities in Indonesia, with most (87 embassies, 5 consulates, and other offices) located in Jakarta.
2. Diplomatic privileges and immunities are governed by international conventions that Indonesia has ratified, and are based on principles of reciprocity and facilitating diplomats' work while respecting local laws.
3. Eligible personnel receive identification cards and tax exemptions, while remaining obligated to obey local laws; immunity means they cannot be prosecuted for personal actions.
Sistem Akuntabilitas Kinerja Instansi Pemerintah (SAKIP) menciptakan siklus perencanaan, pelaporan, dan evaluasi kinerja untuk meningkatkan akuntabilitas kinerja instansi pemerintah melalui rencana strategis, rencana kinerja tahunan, penetapan kinerja, dan laporan kinerja."
Sistem Akuntabilitas Kinerja Instansi Pemerintah (SAKIP) menjelaskan siklus perencanaan, pelaporan, dan evaluasi kinerja instansi pemerintah mulai dari rencana strategis, rencana kinerja tahunan, penetapan kinerja, hingga laporan akuntabilitas kinerja instansi pemerintah."
Politik luar negeri Indonesia bertujuan melindungi kepentingan nasional serta mencapai tujuan pembangunan. Indonesia terus mempererat hubungan bilateral dan multilateral, termasuk mempercepat keketuaan ASEAN dan memperluas keanggotaan KTT Asia Timur. Indonesia juga terus berkontribusi dalam menyelesaikan berbagai masalah global dan regional melalui berbagai inisiatif seperti Forum Demokrasi Bali.
The document discusses the history and evolution of chocolate production. It details how cocoa beans are harvested and processed into chocolate, from fermentation of the beans to conching and tempering of chocolate. The production process requires several steps to produce chocolate from cocoa beans in a way that is safe, consistent and meets quality standards.
5. vienna convention on the law of treaties 1969Adi Kuntarto
The Vienna Convention on the Law of Treaties establishes a uniform framework for treaties between states. It aims to codify international law and custom related to treaties to promote cooperation between nations. Key provisions include defining terms like ratification, reservation, and accession; outlining how states express consent to be bound by treaties through signature, exchange of instruments, or accession; establishing rules around reservations, withdrawal, and objections; and confirming that treaties in force are binding and must be performed in good faith, regardless of conflicting domestic law.
4. vienna convention on consular relations 1963Adi Kuntarto
The Vienna Convention on Consular Relations establishes rules governing consular relations between nations. It defines key terms, establishes rules for establishing consular posts, and outlines consular functions including protecting citizens abroad and facilitating commercial relations. It also covers the appointment and admission of heads of consular posts, their privileges and immunities, and establishes rules for consular staff. The convention aims to promote friendly international relations through establishing standardized consular practices.
3. vienna convention on diplomatic relations 1961Adi Kuntarto
This document is the Vienna Convention on Diplomatic Relations from 1961. It establishes agreements between states on rules and procedures relating to diplomatic missions and privileges. Some key points:
- It defines terms related to diplomatic missions like heads of mission, diplomatic staff, administrative staff, etc.
- It covers the establishment of diplomatic relations and missions between states, the functions of diplomatic missions, credentials and precedence of heads of mission.
- It addresses the premises of missions, immunity and inviolability of diplomatic agents and property, communication privileges, and tax exemptions for diplomatic staff.
- It aims to facilitate diplomatic functions and ensure the efficient and unimpeded operation of diplomatic missions, while balancing the interests of sending
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2. New realities and challenges
Changes in the nature of armed conflicts
mostly non international armed conflicts
increasingly economic in nature
competition for access to critical energy resources
tribal / ethnic / religious dimensions
coexistence of political / non political actors
Coexistence of and overlapping of several factors:
multiple and multiplied impact on civilians
Non international armed conflicts: highly complex with
multiple actors
Confrontations on global scale ("acts of terrorism" /
"counter terrorism")
3.
4. New realities and challenges
Qualification of situations of violence
Development, respect and application of the
law
Participation of civilians in hostilities
Weapons and methods of warfare
6. Non international armed conflicts
Other situations of violence
International armed conflicts
Geneva Conventions I, II, III & IV
Additional Protocol I
Customary IHL
Principles of humanity (Martens Clause)
Common Article 3
Additional Protocol II
Customary IHL
Principles of humanity
International Human Rights Law
Customary law
Elementary considerations of
humanity
IHL
7. Non international armed conflicts
Other situations of violence
International armed conflicts
Geneva Conventions I, II, III & IV
Additional Protocol I
Customary IHL
Principles of humanity (Martens Clause)
Common Article 3
Additional Protocol II
Customary IHL
Principles of humanity
International Human Rights Law
Customary law
Elementary considerations of
humanity
How do
we define
an "armed
conflict"?
8. Non international armed conflicts
Other situations of violence
International armed conflicts
Geneva Conventions I, II, III & IV
Additional Protocol I
Customary IHL
Principles of humanity (Martens Clause)
Common Article 3
Additional Protocol II
Customary IHL
Principles of humanity
International Human Rights Law
Customary law
Elementary considerations of
humanity
When is a conflict
"internationalized"
9. "Other situations of violence"
" … shall not apply to situations of
internal disturbances and tensions,
such as riots, isolated and sporadic
acts of violence and other acts of a
similar nature, as not being armed
conflicts."
Article 1 (2), AP II
10. "Armed conflicts"
"we find that an armed conflict exists
whenever there is a resort to armed force
between States or protracted armed
violence between governmental
authorities and organized armed groups
or between such groups within a State."
Tadić (Jurisdiction), ICTY, 1995
armed force / protracted armed violence
organised military forces
11. Non international armed conflicts
Other situations of violence
International armed conflicts
ViolenceOrganised forces
IAC
threshold
NIAC
threshold
12. International armed conflicts
" … all cases of declared war or of any
other armed conflict which may arise
between two or more [States], even if the
state of war is not recognized by one of
them."
A B
AF AF
Common Article 2
14. International armed conflicts
"all cases of partial or total occupation
of the territory of a High Contracting
Party, even if the said occupation meets
with no armed resistance."
Common Article 2
A B
AF AF
16. "Wars of national liberation"
" … armed conflicts in which peoples are
fighting against colonial domination and
alien occupation and against racist
régimes in the exercise of their right of
self-determination, …
Article 1 (4), AP I
… as enshrined in the Charter of the United
Nations and the Declaration on Principles of
International Law concerning Friendly Relations
and Co-operation among States in accordance
with the Charter of the United Nations.
17. Non international armed conflicts
Other situations of violence
International armed conflicts
ViolenceOrganised forces
NIAC
threshold
18. Non international armed conflicts
armed conflict
not of an international character
occurring in the territory of a High
Contracting Party
Common Article 3
A
AF AG
20. "organized military force"
Indicative factors:
the existence of a command structure and disciplinary
rules and mechanisms within the group
the ability of the group to gain access to weapons,
other military equipment, recruits and military training
its ability to plan, coordinate and carry out military
operations, including troop movements and logistics
its ability to define a unified military strategy and use
military tactics;
its ability to speak with one voice and negotiate and
conclude agreements
…
Non International Armed Conflicts
21. "protracted armed violence"
(intensity / duration)
Indicative factors:
the number, duration and intensity of individual
confrontations
the type of weapons and other military equipment
used
the number of persons and type of forces taking part
in the fighting
the number of casualties
the extent of material destruction
the number of civilians fleeing combat zones
…
Non International Armed Conflicts
22. Intervention of a third State
Effect on the classification (and applicable law) of the
intervention of a third State in a non-international
armed conflict?
Responsibility under international law of the
intervening State to be engaged?
Is the third State a party to the conflict?
"Internationalized" Armed Conflicts
23. Nicaragua v. USA (ICJ, 1986)
Issue: responsibility of US for acts committed by the
Contras (Law of State responsibility)
It should be established in principle that [the USA] had
an effective control on the military or paramilitary
operations when the violations did occur.
"had specifically ordered or imposed" the commission
of the acts.
"Internationalized" Armed Conflicts
24. Tadić (ICTY, 1999)
Issue: Were the victims "protected persons" under
the GCs? (Qualification of conflict)
Distinction between:
isolated individual or group which is not military
organized
armed forces, militias or paramilitary units
"overall control": play a role on the organization,
coordination or planning of military operations
"Internationalized" Armed Conflicts
25. Bosnia & H. v. Serbia & M. (ICJ, 2007)
Issue: responsibility of FRY for acts committed by the
Republika Spreska
“overall control” test for classification of the conflict:
"it may well be that the test is applicable and suitable;
the Court does not however think it appropriate to
take a position on the point in the present case, …"
“overall control” test for the purpose of determining
when a State is responsible for acts committed by
paramilitary units, armed forces which are not among
its official organs: argument in favour of that test is
unpersuasive.
"Internationalized" Armed Conflicts
28. provide financial support, military
equipment, or training
ICTY: "overall control" test: play a
role on the organization, coordination
or planning of military operations
ICJ: "effective control" test: give
specific instructions or directives
"internationalization"
30. "Authoritative" qualification of
situations of violence
States (or State) involved in the conflict?
Third States?
UN Security Council?
UN General Assembly?
International Court of Justice?
International Criminal Tribunals?
ICRC?
Others?
33. Wounded and Sick
(Land)
Wounded, Sick and
Shipwrecked (Sea)
Prisoners of War
Civilian Persons in the
Power of the enemy
Geneva Conventions of 1949
34. THE MAIN GAPS …
new means & methods
of warfare (WW I & WW
II)
conduct of hostilities
protection of civilian
population from the
effects of hostilities
internal conflicts
Geneva Conventions of 1949
36. Geneva Conventions : 194 States Parties
Additional Protocol I: 170 States Parties
Additional Protocol II: 165 States Parties
Additional Protocol III: 53 States Parties
37. 1864 – Geneva Convention (sick and wounded soldiers)
1868 – Declaration of Saint-Petersburg (certain ammunition)
1899/1907 – The Hague Conventions (laws & customs of war)
1925 – Protocol for the Prohibition of the Use of Asphyxiating Gases
1929 – Geneva Convention (prisoners of war)
1949 – Four Geneva Conventions
1954 – Hague Convention on the Protection of Cultural Property (and
Protocol)
1972 – Biological Weapons Convention
1977 – Two Additional Protocols to the GC
1980 – Conventional Weapons Convention (and Protocols)
1993 – Chemical Weapons Convention
1997 – Ottawa Treaty on Anti-personnel landmines
1998 – Statute of the International Criminal Court
1999 – Second Protocol to the Hague Convention of 1954
2000 – Optional Protocol on the Involvement of Children in Armed
Conflict
2008 – Convention on Cluster Munitions
38. East and
Southeast Asia
Fundamental Treaties Other related treaties
Country
HagueConvention(IV)
(1907)
GenevaConventions(I-
IV)(1949)
AdditionalProtocolI
(1977)
AdditionalProtocolII
(1977)
AdditionalProtocolIII
(2005)
TheHagueCultural
PropertyConvention
(1954)
(First)Protocol(1954)
SecondProtocol(1999)
RomeStatuteoftheICC
(1998)
GenocideConvention
(1948)
Non-Applicabilityof
StatutoryLimitations
(1968)
CRC-CAC(2000)
Brunei Darussalam 1991 1991 1991
Cambodia 1958 1998 1998 1962 1962 (s) 2002 1950 2004
China 1917 1956 1983 1983 2000 2000 1983 2008
Indonesia 1958 1967 1967 (s) (s)
Japan 1911 1953 2004 2004 2007 2007 2007 2007 2004
Korea (Dem.People's Rep.) 1957 1988 1989 1984
Korea (Republic of) 1966 1982 1982 (s) 2002 1950 2004
Lao People's Dem. Rep. 1956 1980 1980 1950 1984 2006
Malaysia 1962 1960 1960 1994
Mongolia 1958 1995 1995 1964 (s) 2002 1967 1969 2004
Myanmar 1992 1956 1956 1956
Philippines 1952 (s) 1986 2006 (s) 1950 1973 2003
Singapore 1973 2008 1995 2008
Thailand 1910 1954 1958 1958 (s) 2006
Timor-Leste 2003 2005 2005 (s) 2002 2004
Viet Nam 1957 1981 1981 1983 2001
Selected neighbouring States
Australia 1958 1991 1991 2009 1984 2002 1949 2006
India 1950 1958 1958 1959 1971 2005
Russian Federation 1909 1954 1989 1989 (s) 1957 1957 (s) 1954 1969 2008
1909 1955 (s) (s) 2007 2009 (s) 1988 2002
Total
World 35 194 170 165 52 123 100 56 111 140 51 132
United States of America
39. East and
Southeast Asia
Use of weapons
Country
GenevaGasProtocol
(1925)
BiologicalWeapons
Convention(1972)
ENMODConvention
(1976)
ConventionalWeapons
Convention(1980)
AmendmentofArticle1
(2001)
ProtocolIonnon
detectablefragments
(1980)
ProtocolIIonlandmines
andboobytraps(1980)
ProtocolIIonlandmines
andboobytraps(amd)
(1996)
ProtocolIIIonincendiary
weapons(1980)
ProtocolIVonblinding
laserweapons(1995)
ProtocolVonexplosive
remnantsofwar(2003)
ChemicalWeapons
Convention(1993)
OttawaAntipersonnel
LandminesTreaty(1997)
ClusterMunitions
Convention(2008)
Brunei Darussalam 1991 1997 2006
Cambodia 1983 1983 1997 1997 1997 1997 1997 1997 2005 1999
China 1952 1984 2005 1982 2003 1982 1982 1998 1982 1998 2010 1997
Indonesia 1971 1992 1998 2007 (s)
Japan 1970 1982 1982 1982 2003 1982 1982 1997 1982 1997 1995 1998 2009
Korea (Dem.People's Rep.) 1989 1987 1984
Korea (Republic of) 1989 1987 1986 2001 2003 2001 2001 2008 1997
Lao People's Dem. Rep. 1989 1973 1978 1983 1983 1983 1983 1997 2009
Malaysia 1970 1991 2000 1999
Mongolia 1968 1972 1978 1982 1982 1982 1982 1999 1995
Myanmar (s)
Philippines 1973 1973 1996 1996 1996 1997 1996 1997 1996 2000 (s)
Singapore 1975 1997
Thailand 1931 1975 2002 1998
Timor-Leste 2002 2003 2003
Viet Nam 1980 1980 1980 (s) 1998
Selected neighbouring States
Australia 1930 1977 1984 1983 2002 1983 1983 1997 1983 1997 2007 1994 1999 (s)
India 1930 1974 1978 1984 2005 1984 1984 1999 1984 1999 2005 1996
Russian Federation 1928 1975 1978 1982 2007 1982 1982 2005 1982 1999 2008 1997
1975 1975 1980 1995 2009 1995 1995 1999 2009 2009 2009 1997
Total
World 136 163 73 111 72 109 92 93 105 95 67 188 156 36
United States of America
41. Customary International Humanitarian Law
161 rules identified:
13 only applicable in international
armed conflicts (IAC)
2 only applicable in non international
armed conflicts (NIAC)
3 have different formulations in IAC
and NIAC
146 rules applicable in both NIAC and
NIAC
42. Customary International Humanitarian Law
generally formulated
diverging interpretations (direct
participation in hostilities, military
objectives, proportionality, …)
application to non-state actors (NIAC)
remaining gaps
43. International humanitarian law
& human rights law
• freedom of association
• freedom of the press
• freedom of conscience
• …
IHLHRL
Economic, social
& cultural rights
Civil & Political Rights
• right to education
• right to work
• right family life
regulation of
means and methods
of warfare
providing
humanitarian relief
protection and
care of the wounded
& sick
protection of civilians
for the effect of
hostilities
right to life
prohibition of torture
& ill-treatment
non-discrimination
respect of judicial
guarantees
…
44. Strengthening legal protection for victims of
armed conflicts
Study on the current state of international
humanitarian law (2008-2010)
Protection of persons deprived of liberty (especially in
non international armed conflicts)
conditions of detention
procedural safeguards
Implementation and reparations for victims of
violations
supervision mechanisms
forms of reparations
Protection of the natural environment
Protection of internally displaced persons
46. The Parties to the conflict shall at all times
distinguish between the civilian population and
combatants and between civilian objects and
military objectives
accordingly they shall direct their
operations only against military objectives.
47.
48. Who is a "civilian"?
Any person who is not a
member of the "armed
forces"/"fighting forces"
of a Party to the conflict
("combatant/fighter")
49. What are the "armed forces"/ "fighting
forces"?
All organized armed
forces, groups and
units which are
under a command
responsible to a
Party for the conduct
of its subordinates
50. members of regular
armed forces
members of irregular
armed forces (militias
and other volunteer
corps) of a Party
…
members of dissident
armed forces or
organized armed groups
who assume a
continuous function
that involves direct
participation in
hostilities
("continuous combat function")
State Party Non-State Party
51. "Armed forces/fighting forces"
and "civilians"
"State armed forces"
"fighting forces"
"party to conflict"
"party to conflict"
civilians
civilians
civilians
civilians
civilians
civilians
52. Organized fighting forces
belonging to the Parties
to an armed conflict
Civilians
Armed Forces
- medical & religious personnel
- personnel hors de combat
Persons NOT PROTECTED
against direct attack
Persons PROTECTED
against direct attack
Principle of Distinction
Military Necessity Humanity
Civilians directly
participating in hostilities
53. Civilians: Loss of protection
"Civilians shall enjoy the protection
afforded by [IHL], unless and for such
time as they take a direct part in
hostilities."
What is "direct participation"?
How long is "for such time"?
54. "Direct participation in hostilities"
Concept becomes central
more involvement of civilians in hostilities
(especially in NIAC)
use of high-tech warfare (including computer
network attack)
privatization of the armed forces
"fight against terrorism"
55. attacking enemy
capturing equipment
laying mines
sabotaging
collecting tactical
intelligence on the
battlefield support to the "war
effort"
care and feeding of
troops
ammunition/weapons
factory workers
Direct participation in hostilities?
56. political leaders
maintenance of
aircraft
collecting
intelligence
operating drones
providing security
services
voluntary human
shields
…
Direct participation in hostilities?
57. Direct participation in hostilities:
Elements
to adversely affect the military operations or military capacity of a
party to the conflict or,
to inflict death, injury or destruction on persons or objects
protected against direct attack.
1. Threshold of harm
act designed to directly cause the harm; or
part of a concrete and coordinated military operation of which that
act constitutes an integral part.
2. Direct causation
The act must be designed to directly cause the required threshold
of harm in support of a party to the conflict and to the detriment
of another.
3. Belligerent nexus
58. Direct participation in hostilities:
Beginning and end of a hostile act
A specific act amounting to “direct
participation in hostilities” includes:
concrete preparatory measures
deployment to the location of its execution
return from the location of its execution
59. Civilians lose protection against direct attack
for the duration of each specific act
amounting to direct participation in
hostilities.
Civilians
Members of organized armed forces or
groups of a party to the conflict lose civilian
protection for the duration of their
membership.
Members of organized armed forces or groups
Direct participation in hostilities:
Duration of loss of protection from attack
60. Direct participation in hostilities:
Precautions and presumption in doubt
All feasible precautions must be taken in
determining whether:
a person is a civilian
a civilian is directly participating in hostilities
In case of doubt, persons are presumed to be
protected against direct attack
61. Restraints on lethal force
in direct attack
The means and methods, as well as kind and
degree of force used against persons not
entitled to protection against direct attack:
must not exceed what is actually necessary to
accomplish a legitimate military purpose in the
concrete circumstances, and
must not otherwise be prohibited by IHL or other
branches of international law.
62. Consequences of
regaining "civilian protection"
Civilians who have ceased to directly participate
in hostilities
Members of organized armed groups who have
disengaged from their combat function
may no longer be directly attacked but
remain subject to arrest and prosecution under
domestic law
DPH is not prohibited by IHL as such
64. Basic principles of the conduct of
hostilities
Military necessity
Principle of distinction
Principle of proportionality
Duty to take precautions
Prohibition of causing
unnecessary suffering and
superfluous injury
65. Regulation of specific weapons
exploding bullets
expanding bullets
poison
chemical weapons
biological weapons
non-detectable
fragments
blinding laser weapons
cluster munitions
mines, booby traps
and other similar
explosives devices
incendiary weapons
66. Convention on Certain Conventional
Weapons (1980/2001)
weapons which injure by fragments
escape detection by X-rays (1980)
laser weapons specifically designed to
cause permanent blindness (1995)
67. Convention on Certain Conventional
Weapons (1980/2001)
incendiary weapons (1980)
anti-vehicles mines, booby-
traps and similar explosive
devices (1980/1996)
69. severe and reoccurring humanitarian
problems caused by the use of these
weapons
negotiated by 107 States with 33 States and
organizations participating as observers
significant input and expertise from civil
society
entry into force on 1st August 2010
70. use
development
production
transfer
destruction of stockpiles (8 y.)
mine clearance (10 y.)
71. "a conventional munition that is designed to
disperse or release explosive submunitions each
weighing less than 20 kilograms, and includes
those explosive submunitions"
excludes munitions with fewer than 10
submunitions, if each is:
designed to engage and detect a "single
target object";
equipped with electronic self-destruction
and deactivation feature;
more than 4 kg.
72.
73.
74.
75.
76. Protection from and prevention of the
consequences of the use of weapons
marking and
clearance, removal or
destruction of
explosive remnants
of war in affected
territories
legal review of new
weapons
controlling the
availability of
weapons
regulating arms
transfers
• prohibited weapons
• non State actors
• trade in weapons
77. Protocol V on Explosive Remnants of War
(2003)
Responsibility of each
State and party to an
armed conflict with
respect to all explosive
remnants of war in the
territory under its
control
Marking and clearance, removal or
destruction of explosive remnants of war in
affected territories under parties' control
78. Protocol V on Explosive Remnants of War
(2003)
Clear ERW in territory it controls after the
end of active hostilities.
Provide assistance to facilitate the
removal of ERW resulting from its
operations in areas it does not control.
Take all feasible precautions to protect
civilians from the effects of ERW.
Record and share information with
organizations involved in mine /ERW
action.
79. Legal review of new weapons
In the study, development, acquisition or
adoption of a new weapon, means or
method of warfare, [a State] is under an
obligation to determine whether its
employment would, in some or all
circumstances, be prohibited by … any
rule of international law applicable to the
[concerned State].
80. Availability of small arms & light weapons
(ICRC Study, 1999)
Humanitarian
consequences of the wide
availability of small arms &
light weapons
increasing level of
violence, in particular in
non-international armed
conflicts
increased likelihood of
violations of IHL
hampers delivery of
assistance to victims of
armed conflict
States should better
control the circulation
and availability of
such weapons on
their territory
81. Arms Trade Treaty (ATT)
... in the making
PrepCom Chairman's
Goals and Objectives
"Prevent international transfers of conventional arms
that contribute to or facilitate: human suffering, serious
violations of international human rights law and
international humanitarian law, violations of UN
sanctions and arms embargoes and other international
obligations, armed conflict, the displacement of people,
organized crime, terrorist acts, and thereby undermining
peace, reconciliation, safety, security, and sustainable
social and economic development."
82. Arms Trade Treaty (ATT)
... in the making
to include an obligation
to assess the recipient’s likely respect for
international humanitarian law, and
not transfer arms or ammunition if there is a clear
risk that the arms or ammunition will be used to
commit serious violations of IHL.
and …
not to transfer specific weapons or ammunition the
use or transfer of which has been prohibited, and
not to transfer weapons or ammunition that are of a
nature to cause superfluous injury or unnecessary
suffering or that are by nature indiscriminate.
83. Arms Trade Treaty (ATT)
... in the making
criteria relating to the transferring State's
express international obligations
criteria relating to likely post-transfer events
and effects
relating to likely use
relating to likely effects
considerations relating to the needs and
practices of the countries involved in the
transfer
84. Arms Trade Treaty (ATT)
... in the making
Defines “clear risk”
and “serious
violations”
Proposes indicators
for rigorous risk
assessments
85. Arms Trade Treaty (ATT)
... in the making
Assessing the risk that arms will be used
to commit serious violations requires
examining:
the recipient’s record of respect for IHL
the recipient's formal commitments
the recipient's capacity to ensure that the arms or
equipment transferred are used in a manner
consistent with IHL and are not diverted or
transferred to other destinations where they might
be used to commit serious violations