1 observing and respecting human rights & respect for civil authority

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Observing and RespectingHuman Rights & Respect for

Civil Authority

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Introduction

• Human Rights Defined

• Compare to Humanitarian Law– armed hostilities– international & internal armed conflict

• Sources of Human Rights– international agreements– customary international law– domestic law of each state

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Major InternationalHuman Rights Agreements

Covenant on Civil & Political Rights 1995 1992

Cov. on Economic, Social & Cultural Rights 1995

Convention Against Torture & Other Cruel, 1995 1994

Inhuman or Degrading Treatment

African Human Rights Charter 1986

Refugee Convention 1981

Refugee Protocol 1981 1968

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International Human RightsLaw Development

• United Nations Leading Role• 1948 Universal Declaration of Human Rights• 1976 International Covenant of

Civil & Political Rights• 1976 International Covenant on Economic, Social & Cultural

Rights• 13 Other UN Sponsored

Agreements

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Customary International Lawof Human Rights

Prohibits States From:• genocide• slavery or slave trade• murder or disappearance of persons• torture or other cruel, inhuman or

degrading treatment• prolonged arbitrary detention• systematic racial discrimination• consistent pattern of gross violations of

other internationally recognized human rights

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International Covenant onCivil & Political Rights

• Reservations

• Temporary Suspensions– of most rights during

national emergency threatening life of the nation

– 7 core rights may not be suspended

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Civil & Political Rights:• no arbitrary deprivation of life• no slavery, servitude, or

forced/compulsory labor• liberty of movement & freedom of

residence except when restricted by law

• lawfully leave a state, citizens not arbitrarily refused entry into own state

• no arbitrary or unlawful interference with privacy, family, home, or correspondence


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Civil & Political Rights:• citizens take part in public affair directly or through

representatives chosen by genuine elections by secret ballot

• hold opinions, freedom of expression except when restricted by law

• freedom of peaceful assembly and association except when restricted by law

• equality and equal protection of the law

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Civil & Political Rights:• freedom of thought, conscience and religion,

manifest religious belief in worship, observance, practice and teaching except when restricted by law

• ethnic, religious, or linguistic minorities to their own culture, language & religion

• marriage with free consent, and equal rights & responsibilities of spouses in marriage & dissolution


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Civil & Political Rights:• right of all peoples to self-determination of

political status and pursuit of development– a right of all the people within a state– internal self-determination through independent,

democratic institutions


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• Right to Liberty & SecurityRights of Persons Arrested or

Detained:• arrest or detention only on lawful grounds

using lawful procedures• be informed of reason upon arrest &

promptly informed of the charge• promptly brought before a judge, and either

trial or release in a reasonable time• court hearing without delay on lawfulness

of detention• compensation for unlawful arrest or

detention


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Criminal Trial Rights:• fair & public hearing by a competent,

independent and impartial tribunal established by law

• no retrial following conviction or acquittal• trial without undue delay• presumed innocent until lawfully proven guilty• promptly informed of charge in own language• adequate time & facilities to prepare defense &

consult with counsel


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Criminal Trial Rights:• be present for trial, to own defense or through

counsel of own choosing, counsel at no cost when justice requires

• examine witnesses, obtain own witnesses• free interpreter if trial in other language• not to be compelled to testify or confess guilt• public disclosure of judgment unless a juvenile• review of judgment by higher tribunal• Persons Detained or Convicted Treated

With Humanity & Dignity


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• Democracy & Human Rights– government obtains its power

& legitimacy from the people– democracy’s institutions

ensure human rights

– military respect for civil authority ensures its own legitimacy with the people

Respect for Civilian Authority

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• Rule of Law & Human Rights– the best government is one of law and not of men– the rule of law provides fair treatment which

leads to high morale & obedience

• Without Civilian Control the Military is a Threat to Human Rights

Respect for Civilian Authority

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• Reciprocity by Other States

• Increased Predictability in Relations

• Favorable Public Opinion

• Enhances Military Discipline & Obedience

Reasons for Compliance by States

Abu Ghraib:The Aftermath

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Initial Investigations

• October 2003:

MG Ryder Investigation

• January 2004:

Specialist Darby Report–MG Taguba Appointed– Press Briefed

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The Scandal

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Centers of Gravity

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Centers of Gravity

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MG Taguba Report

• 372nd MP Company

• “sadistic, blatant, and criminal abuses...”

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BG Karpinski, USAR

• 800th MP Brigade Commander

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MG Jones/LTG McFay Report

• August, 2004

• 23 soldiers, 4 contractors suspected

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Schlesinger Report

• No policy of abuse• “Animal House”

atmosphere in 1 unit

• Criminal behavior of a few, lack of discipline & leadership

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General Officer Letters of Reprimand

COL PappasBG Karpinski

LTC Phillabaum

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Courts-Martial

• 74 cases referred

• Corporal Graner– 10 Years Confinement,

Dishonorable Discharge

• Private First Class Lynndie England:– 3 Years Confinement,

Dishonorable Discharge

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Training, Command & Doctrine Changes

• Mobile Training Teams

• Chain of Command for Detainees Strengthened

• Interrogation & Detention Doctrine Revised

• Lessons Learned Incorporated In Training

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International Armed Conflict• Consistent with the Principles of War– objective– mass– economy of force

• War Crimes Lengthen Conflict & Complicate Post-Hostilities Relations

Reasons for Compliance by Military

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Internal Armed Conflict

• Consistent with Principles of Restraint and Legitimacy

• Increased Intelligence & Surrender

Reasons for Compliance by Military

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• Poor Leadership• Poor Training• Unclear Mission Statement or Orders• Dehumanizing the Enemy• Lack of Sleep• High Frustration Level• High Casualties• Alcohol and Drug Abuse

Causes of Violations

Major InternationalHumanitarian Law Agreements

1949 Geneva Conventions 1970 19551977 Additional Protocol I to Geneva Conventions 1997 1977 Additional Protocol II to Geneva Conventions 19971997 Ottawa Anti-Personnel Landmine Convention 1999UN Conventional Weapons Convention 1995- Amended Protocol II (Land Mines) 1999- Protocol III (Incendiary Weapons) 2009- Protocol IV (Blinding Laser Weapons) 2009- Protocol V (Explosive Remnants of War) 2009Convention on Cluster Munitions1993 Chemical Weapons Convention 2004 19971972 Biological Weapons Convention 1975Rome Statute (International Criminal Court) 2006

1 observing and respecting human rights & respect for civil authority

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