human rights & humanitarian law in military operations

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1 Human Rights & Humanitarian Law in Military Operations

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Human Rights & Humanitarian Law in Military Operations. Overview. Humanitarian Law internal or international armed conflict specialized law Human Rights Law minimum & general standards persons under jurisdiction of a state. Fundamental Human Rights Law Applicable in All Operations. - PowerPoint PPT Presentation

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Page 1: Human Rights & Humanitarian Law in Military Operations

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Human Rights & Humanitarian Lawin Military Operations

Page 2: Human Rights & Humanitarian Law in Military Operations

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Overview• Humanitarian Law– internal or international armed conflict– specialized law

• Human Rights Law–minimum & general standards– persons under jurisdiction of a state

Page 3: Human Rights & Humanitarian Law in Military Operations

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Fundamental Human Rights LawApplicable in All Operations

Customary international law prohibits:– genocide– slavery or slave trade– murder or causing the disappearance of persons– torture, or other cruel, inhuman, or degrading

treatment or punishment– prolonged arbitrary detention– systematic racial discrimination– a consistent pattern of gross violation of

internationally recognized human rights

Page 4: Human Rights & Humanitarian Law in Military Operations

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Compliance WithInternational Law

• Reciprocity• Predictability & Interdependence• Public Opinion

= Legitimacy

• Enhances Effectiveness & Speeds Mission Accomplishment

Page 5: Human Rights & Humanitarian Law in Military Operations

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Why Comply WithHumanitarian Law?

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

• Consistent with Principles of Military Operations Other Than War– restraint– legitimacy

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Why Comply withHuman Rights & Humanitarian Law?• Speed War Termination

& Improve Post-Hostilities Relations• Reciprocity• Internal Armed Conflict– win support of civilian population– Increased intelligence & insurgent surrender

• Prevents Breakdown of Discipline

Page 7: Human Rights & Humanitarian Law in Military Operations

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Causes of Violations

• Poor Leadership• Poor Training• Unclear

Mission/Orders• Dehumanizing the

Enemy• Lack of Sleep• High Frustration

Level• High Casualties• Alcohol & Drug

Abuse

Page 8: Human Rights & Humanitarian Law in Military Operations

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Purposes of Human Rights& Humanitarian Law

• Minimum protections

• Protections for those not involved in combat

• Usefulness of Rules of Engagement & Rules for the Use of Force

Page 9: Human Rights & Humanitarian Law in Military Operations

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U.S. Policy on Applicationof Humanitarian Law

• Comply During All Armed Conflicts

• Prevent Violations Through Training

• Report, Investigate, Prosecute

• Provide Legal Advisors

Page 10: Human Rights & Humanitarian Law in Military Operations

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Conclusion

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