Download - The law of war: Humanitarian law THE STORY BEHIND THE STORY

The law of war:

Humanitarian law

THE STORY BEHIND THE STORY

The law of war: Humanitarian law

What is it?


What is it?

When and why is it relevant?


What is it?

When and why is it relevant?

What does it say?


Different laws for armed violence



Internal violence Armed conflict



Human rights

National law




Human rights

National law National law

Human rights

Humanitarian law


Non-international



Human rights

National law National law National law

Human rights Human rights

Humanitarian law

Humanitarian law


Non-international

International


Occupation and the law

Effective control of all or part of the territory of one State by another

… the occupying power has the obligation to restore and maintain public order and safety, while respecting





Humanitarian law Human rights law The laws of the occupied

territory





Humanitarian law Human rights law The laws of the occupied

territory

Security patrol by US forcesin Baghdad, Iraq in 2003


What is humanitarian law?



Protects people who are not / no longer fighting

Regulates weapons and methods of warfare




Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003.

Wounded soldier waits for medical help in western Bosnia,Kljuc, 1995




Which humanitarianrule could apply?

Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003.






Wounded and sick must be searched for, collected and cared for. Landmine victim at an ICRC

orthopaedic centre in Afghanistan, 2003.






Wounded and sick must be searched for, collected and cared for.







Wounded and sick must be searched for, collected and cared for.


Using weapons without distinguishing between civilians and military targets is prohibited.







Military necessity

Humanitarianconsiderations





Binds all parties in a conflict

Military necessity







Applies in armed conflicts

Military necessity







Applies in armed conflicts

Cannot be suspended or limited

Military necessity



What humanitarian law is not



Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter.



Humanitarian law is concerned with the EFFECTS of war, not its legality. It applies irrespective of who started the war or who is the attacker.

Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter.


When and why is the difference relevant?


When and why is the difference relevant?

Sri Lanka, 2002-2009Greece, 2010


How can force be used?



in internal violence in armed conflict




As exceptional measure Only if all other means failed In case of imminent threat of

death or serious injury

By sparing civiliansand civilian objects




As exceptional measure Only if all other means failed In case of imminent threat of

death or serious injury

By sparing civiliansand civilian objects

If violated: Criminal responsibility

If violated: Criminal responsibility War crimes


Who is protected by humanitarian law?

can be prosecuted and temporarily lose their protection from being directly targeted

If they become involved in fighting

In international armed conflicts they are referred to as "civilians".

People who ARE NOT involved in fighting


Who is protected by humanitarian law?

military/paramilitary forces organized armed groups

of a party to the conflict

They are protected from being attacked when they are hors de combat: wounded, sick, shipwrecked, detained or surrendering

They are protected against specific weapons and methods even while fighting.

In international armed conflicts members of military/paramilitary forces are called "combatants" and cannot be prosecuted for lawfully fighting.

People who ARE involved in fighting


What is protected by humanitarian law?

Civilian objects


How does law protect in war? - PRINCIPLES

Distinction



Distinction

Precautionary Measures



Distinction

Limitation

Precautionary measures

Proportionality



Distinction

Parties to an armed conflict must distinguish between civilians and combatants and between civilian objects and military targets



Weapons or methods causing superfluous injury or unnecessary suffering are prohibited

Limitation



Before and during an attack, every possible precaution must be taken to minimize potential harm to civilians and civilian objects.

Precautionary Measures



The expected deaths and injuries to civilians or damage to civilian objects must not exceed the anticipated military advantage.

Proportionality

insert wmv file wiki reedit


How does humanitarian law protect in war?

murder and torture use cruel or degrading treatment or punishment kill or wound a surrendering enemy commit sexual violence cause disappearances take hostages force displacement use or recruit children under the age of 15 deprive people of objects necessary to survival

treat humanely detainees respect and protect health and humanitarian workers and those lawfully using the distinctive emblems


Example: Protection of detainees

must be treated humanely = given adequate food, water, clothing, shelter and medical care and allowed to correspond with their families

Prisoners of War = detained combatants in international war

• must be treated humanely• must be released after the end of hostilities• must be protected from public curiosity


How does law protect in war? – BASIC RULES


How does law protect in war? – BASIC RULES

How does humanitarian law protect people?

What are the rules for the conduct of hostilities?

Which humanitarian rule could apply to the situation?


Sources


Sources

Human right law

Customary humanitarian law

Treaties4 GCs CA3 + AP IIother treaties

Treaties4 GCs + APsother treaties

Non-international

International

National law

Download - The law of war: Humanitarian law THE STORY BEHIND THE STORY

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