module 2 limits in armed conflict - icrc.org · ehl 3 module 2: limits in armed conflict exploring...

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Exploring Humanitarian LawEDUCATION MODULES FOR YOUNG PEOPLEEHL

2Module 2Limits in armed conflict

What limits are needed in war and why?Where do these limits come from?How do laws to limit war develop?

International Committee of the Red Cross19, avenue de la Paix1202 Geneva, SwitzerlandT +41 22 734 60 01 F +41 22 733 20 57E-mail: [email protected] www.ehl.icrc.org© ICRC, January 2009

mailto:[email protected]

http://www.ehl.icrc.org

3EHL

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Exploring Humanitarian LawMODULE 2: LIMITS IN ARMED CONFLICT

EXPLORATIONS (10 sessions)

2A Limiting the devastation of war (two sessions) 4

2B Codes and traditions over time (one session) 21

2C Focus on child soldiers (three sessions) 34

2D Focus on weapons (two sessions) 48

2E Widespread availability of weapons (two sessions) 70

CONCEPTSLimits in armed conflict

Non-combatants (civilians, combatants who are hors de combat)

Relationship between humanitarian law and human rights law

Protection

Needs of children

Indiscriminate weapons and weapons causing unnecessary suffering

Ripple effect

In all modules:Human dignity

Obstacles to humanitarian behaviour

Dilemmas

Consequences

Multiple perspectives

SKILLS PRACTISEDPerspective taking

Problem analysis

Tracing consequences

Estimating scope

Identifying solutions

2Module 2Limits in armed conflict

If you have limited time and are unable to work through all the explorations, we recommend that you follow at least the short pathway of explorations marked with this icon.

Exploring Humanitarian LawExPLORATION 2A: LIMITING THE DEVASTATION OF WAREHL 4

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tModule 1 examined humanitarian acts that were spontaneously performed by ordinary people to protect the lives and human dignity of others. Module 2 shifts the focus to rules of behaviour that are specifically designed to protect the lives and human dignity of people affected by armed conflict.

Exploration 2A begins by having students consider photos of one specific situation: soldiers taken prisoner. Students get glimpses of the different situations in which those at risk and those in power find themselves.

A photo collage then introduces them to a variety of other war-related situations. Students explore various experiences arising from armed conflict to suggest rules needed to limit unnecessary suffering and to protect life and human dignity.

This exploration introduces the basic rules of international humanitarian law (IHL). Students examine the reasons for these rules and compare them with rules that they suggest. The exploration also describes the relationship between IHL and human rights law and how human rights law complements IHL in armed conflicts.

OBJECTIVES• tounderstandsomeofthereasonswhyrulesareneededinarmedconflict• tounderstandhowIHLandhumanrightslawcomplementeachother• tolearnandunderstandsomeofthebasicrulesofIHL

2A TEACHER

RESOURCES

2A.1 IHLandhumanrightslaw–contentandcomplementarity

2A.2 Ifyourstudentsask...

STUDENT2A RESOURCES

2A.3 Photo:Blindfoldedcaptive2A.4 Photo:Prisoners’march2A.5 Photocollage2A(seeseparatesheet)2A.6 Whatarethebasicrulesof

internationalhumanitarianlaw?2A.7 TheUniversalDeclarationof

HumanRights2A.8 Twostoriesfromancienthistory

PREPARATION

In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 5 (Role-playing), 6 (Using stories, photos and videos), 7 (Writing and reflecting), 9 (Small groups) and 10 (Gathering stories and news) and workshops 4 (“Using photos to explore human dignity”) and 5 (“Building on students’ ideas: The basics of international humanitarian law”).

If possible, view the relevant chapters of the teacher video (Using photos to explore human dignity and Students’ views: What rules are needed for armed conflict?) and the relevant chapter of the training film for teachers (Module 2).

TIME

Two 45-minute sessions

2AExploration 2A: Limiting the devastation of war

5Exploring Humanitarian LawExPLORATION 2A: LIMITING THE DEVASTATION OF WAREHL

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t1. TRANSITION (5 minutes)Briefly review Module 1 with students.

Possible questions:

> What do you recall about the characteristics of humanitarian acts?> What were some of the obstacles to carrying out humanitarian acts?> What additional obstacles might make it difficult to carry out humanitarian acts

during armed conflict? [For example: desire for revenge, lack of information, lack of supplies, fear, intense hatred]

Tell students that in this exploration they will consider the need for rules in armed conflict and look at examples of such rules.

‘Armed conflict’ means: • fighting between

countries (international armed conflict); or

• fighting between a country’s armed forces and armed groups, or between armed groups (non-international armed conflict).

2. THE EXPERIENCE OF CAPTIVES AND CAPTORS (20 minutes)

Present the photo “Blindfolded captive.” Ask students to imagine themselves in the shoes of the captive or his guards. Have them write down their thoughts.

STUDENT2A.3 RESOURCES

Possible question:

> What might the captive be thinking? The guards?

Have each student discuss his or her thoughts with a partner.Suggest these points, one at a time:

• Imagine that the captive is your brother. How would you want him to be treated? Why?• Imagine that the captive killed your friend in battle. How would you want him to be

treated? Why?

NOTE

In the EHL programme, the terms ‘captured person,’ ‘captive,’ ‘detainee’ and ‘prisoner’ are used interchangeably.

Repeat the process, using the photo “Prisoners’ march.” STUDENT2A.4 RESOURCES

Then reconvene the class and discuss the following questions:> How should a man or woman taken prisoner during armed conflict be treated?> Suppose prisoners have important information. Should that affect their treatment?> In what way is a prisoner’s human dignity at risk? A guard’s?

3. WHAT RULES SHOULD THERE BE TO PROTECT PRISONERS IN ARMED CONFLICT? (15 minutes)Ask students to write down rules that they think are needed to protect prisoners in armed conflict and to give their reasons for each rule.

Then make a list of their suggestions.

The most dominant emotion is of bewildering fear at the alien surroundings and uncertainty of one’s ultimate fate. Embodied in this sense of loss (friends, family) is the uncertainty of time. How long? Forever?– a captured aircraft pilot

The exploration2A


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The exploration2A

4. WHAT OTHER RULES ARE NEEDED IN ARMED CONFLICT? (10 minutes)

Present “Photo collage 2A.” Have students examine the photos and suggest other rules that might be needed.


Make a list of these proposed rules as well.

Then, discuss the full list of students’ suggestions. Identify those rules with which the group either agrees or disagrees, and explore the reasons for students’ views.

Possible questions:

> How would each of your rules change the experience of war?> What might be the difficulties in implementing them?> Which of your rules apply to combatants who can no longer fight (e.g. captured,

wounded, sick or shipwrecked combatants)?

5. EXAMINE THE BASIC RULES OF IHL (15 minutes)

Present “What are the basic rules of international humanitarian law?”. STUDENT2A.6 RESOURCES

Use the following question to guide the discussion:

> Which of these rules are similar to the ones that you suggested?

Ask students to choose some rules and discuss what would happen without them.

6. IHL AND HUMAN RIGHTS LAW (15 minutes)

Point out that there is another body of law that seeks to protect life and human dignity: human rights law.

Ask students to brainstorm about some human rights to which everyone should be entitled, in all circumstances. Then, present “The Universal Declaration of Human Rights,” and have students compare their list with the rights it identifies.

Challenge students to find a couple of examples of human rights that match protections found in “What are the basic rules of international humanitarian law?”.

2A.1 TEACHER

RESOURCES



Point out that such matches exist because these two sets of rules provide complementary protections. Explain that human rights law applies at all times, whereas IHL applies only in armed conflict. Stress that during armed conflict, therefore, human rights law and IHL both apply and in a complementary manner.

Ask students whether they think any of the rights listed in “The Universal Declaration of Human Rights” may ever be set aside.


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2APossible questions:

> Can you think of any circumstances in which any of these rights could be limited or suspended? Why? Which rights?

> Which of these human rights do you think may never be limited or suspended?

Explain that in contrast to certain human rights, the rules of IHL may never be restricted. This is because the rules of IHL were developed deliberately as minimal rules so that they could realistically be applied even under the extreme conditions of armed conflict.

The captive is your brother. It is by the grace of God that he is in your hands and working for you. Since he is at your mercy, see that he is fed and clothed as well as you are. Do not demand from him work beyond his strength.– The Prophet Mohammed (570-632AD)

7. MAKE THE BASIC RULES OF IHL MEMORABLE (10 minutes)Have students in small groups develop short phrases or slogans to summarize each of the basic rules of IHL and make the rules memorable. [For example, “Spare surrendering soldiers,” “Care for the sick and wounded,” “Respect the emblem.”]

! KEY IDEAS

• IHL aims to protect the lives and human dignity of people affected by armed conflict and to limit the suffering caused by war. It is a set of international rules that restricts the means and methods of warfare and protects those who are not or are no longer fighting.

• Human rights law also aims to protect life and human dignity. While IHL is specifically designed for armed conflicts, it does not replace human rights law, which applies at all times; the two bodies of law are complementary.

The exploration


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2AExtension activities

HISTORYTake a look at the distant past with the help of “Two stories from ancient history.”


Then read about a civilization from your own continent’s past, and prepare a report that answers the question:

> How did they treat a defeated enemy?

MEDIA LINKCollect a news item (press or television) about an armed conflict that makes you feel “There should be a law against that.” Write down what that law should be.

OR

Bring in a news story about a situation to which the rules of international humanitarian law (IHL) apply.

For each situation, write an explanation giving the rule and how it was or was not followed. Prepare a wall display of the news stories to which additions can be made over time.

ARTSSet up a group statue (or ‘freeze frame’) based on the photo “Blindfolded captive,” with other students as the figures in the scene. When you are ready, all the participants should ‘freeze’ in silence for a minute or so.


Meanwhile, other students should stand behind each figure in the statue. These students should reflect for a few minutes about the thoughts of the person (captive or captor) behind whom they are standing.

End your activity with the second group of students describing what they imagine are the thoughts and feelings of the figures in the group statue. All the students can then record their impressions in their journals and share them with the class.

OR

Use a powerful work of art that depicts a violation of, or adherence to, a rule of war. Respond to it through writing or dramatic interpretation. Examples of such works include Pablo Picasso’s Guernica or John Singer Sargent’s Gassed.

> What has happened? What else is happening in the painting?> What is the artist’s message?

Contrast the work of art with a military recruiting poster or with images in recruitment advertisements or TV commercials.

OR

Read poetry written by soldiers during or after a war.

> What is the poet’s message? How is it similar to, or different from, the rules you suggested or from the artist’s message in the work of art you studied?


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2ACOMMUNICATION/ YOUTH ACTIONCreate ways to raise awareness of the basic rules of IHL by turning the phrases or slogans developed in the exploration into posters or by performing radio spots, songs or raps.

Brainstorm about ways of publicizing these ‘basic rules’ to the school or community. Choose one as a project.

When a soldier is unarmed, make sure he don’t get harmed.IHL!When a soldier is covered in blood, you can’t leave him in the mud.IHL!When a bomb falls, make sure it hits no religious halls. When I save some people, my soldiers try to pierce them and I say, ‘Stop, drop, slow down, don’t open no shots!’IHL!Unless you protect civilians, people die by the millions.IHL!When caught off guard, don’t disregard.IHL, IHL, IHL, for Life!IHL, IHL, IHL, for Life!– rap song created by EHL students

Extension activities


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TEACHERRESOURCE (1/3)2A.1

IHL and human rights law - content and complementarity

T.2AInternational humanitarian law (IHL) and human rights law are complementary. Together, they provide a framework for the comprehensive protection of people in situations of violence.

Human rights law is a set of international rules, established by treaty or custom, which applies to everyone at all times and in all circumstances. The purpose of human rights law is to protect the lives and human dignity of individuals from arbitrary behaviour by their own governments. Human rights law therefore continues to apply even during armed conflict.

Some human rights treaties, however, permit governments to limit or suspend certain rights (e.g. freedom of movement, liberty and security, freedom of association) during public emergencies, although only to the extent strictly required by the situation. Nevertheless, there remains a ‘hard core’ of human rights that may never be limited or suspended under any circumstances, not even during public emergencies or armed conflict. The ‘hard core’ of human rights includes:

• the right to life; • the prohibition against torture; • the prohibition against cruel or inhuman treatment or punishment; • the prohibition against humiliating or degrading treatment or punishment; • the prohibition against slavery; • the prohibition against convicting or punishing someone for an act that was not a

crime at the time it was committed.

During armed conflict, IHL comes into effect as well, as a set of rules, established by treaty or custom, especially adapted to situations of armed conflict. The purpose of IHL is to protect the lives and human dignity of people who are not or are no longer taking part in the fighting and to set limits on conducting war. It thus aims to limit the suffering and the damage caused by war. The rules of IHL may never be restricted or suspended, precisely because they were conceived for the extreme situation of armed conflict. Thus, IHL is a set of fundamental rules to protect people affected by armed conflict, which necessarily includes the ‘hard core’ of human rights as well.

HUMAN RIGHTS LAW IHL

What is the natureof the law?

assertion of rights code of conduct for belligerents

When does it apply?

at all times during armed conflict

Can it be limitedor suspended?

possible during public emergencies, except for ‘hard-core’ human rights

not possible

Who is protected? individuals from the arbitrary power of the government

individuals who do not or who no longer take part in fighting

Who is bound? governments governments, armed groups, individuals


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T.2AHUMAN RIGHTS LAWThe first traces of human rights law date back to the late eighteenth century, to the period in which the Declaration of the Rights of Man and of the Citizen in France and the Bill of Rights in the United States were adopted. Under the influence of the United Nations (UN), the development of human rights law began in earnest with the adoption of the Universal Declaration of Human Rights in 1948.

Two important covenants were signed in 1966 under the auspices of the UN: the International Covenant on Civil and Political Rights (marking the ‘first generation of human rights’: civil and political rights) and the International Covenant on Economic, Social and Cultural Rights (marking the ‘second generation of human rights’: economic, social and cultural rights).

The first covenant has served as a model for many other treaties as well as for national charters on civil and political rights and freedoms. The second one, on the other hand, has seen its impact limited by countries’ varying capacities to implement it.

There is a new tendency to refer to a ‘third generation of human rights,’ involving, for example, the right to national self-determination, minority rights, economic and social development, peace or a healthy environment, which continues to be debated.

The importance of human rights has also been recognized by regional inter-governmental organizations, such as the Council of Europe, the Organization of American States and the African Union. These organizations have developed a number of regional human rights treaties. While, in general, the duty to implement human rights law lies first and foremost with States, most of these instruments provide for mechanisms of implementation, in the form of actual judicial bodies (e.g. the European Court of Human Rights and the Inter-American Court of Human Rights), quasi-judicial bodies (e.g. the United Nations Human Rights Committee and the African Commission on Human and Peoples’ Rights), or reporting organs (special rapporteurs and working groups of the UN Human Rights Council).

INTERNATIONAL HUMANITARIAN LAWIHL, also known as the ‘law of war’ or the ‘law of armed conflict,’ is a body of international rules that seeks to limit the suffering caused by war. It does so by:

• regulating the conduct of fighting, in particular by setting limits on methods and means of warfare;

• protecting persons who are not or are no longer taking part in fighting, in particular civilians, wounded, sick and shipwrecked combatants, prisoners of war and others detained in relation to the conflict.

This body of law developed from a variety of sources.

• In some contexts, unwritten rules based on local customs regulated behaviour in armed conflict.

• In other cases, warring parties concluded bilateral agreements. • Countries also issued regulations to their own troops in certain instances.



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T.2ASuch rules were generally valid for only one battle or for a specific conflict. Moreover, they were not uniform, varying according to period, place and tradition.

The 1864 Geneva Convention laid the foundations for contemporary international humanitarian law. Since this treaty’s adoption, the law has continued to evolve in stages to limit the devastation caused by technological advances in weapons and new types of conflict. Today the four Geneva Conventions of 1949 and their Additional Protocols of 1977 are the main IHL treaties.

IHL strikes a realistic and pragmatic balance between military necessity and principles of humanity. It does this by prohibiting the infliction of suffering, injury or destruction not necessary for accomplishing legitimate military goals.

IHL is applicable only in armed conflicts. The rules of IHL regulate both international and non-international armed conflicts. However, they do not cover situations of internal disturbance and tension, such as riots or isolated and sporadic acts of violence that do not reach the level of armed conflict.

IHL addresses the reality of armed conflict and regulates only those aspects of the conflict which are of humanitarian concern (jus in bello). It does not consider the reasons for or the legality of resorting to force (jus ad bellum); the provisions of IHL thus apply equally to all warring parties.

All parties to a conflict must respect the rules of IHL. In addition, States party to IHL instruments are obliged to ensure respect for IHL and to prevent and suppress violations of the law as well as to search for and punish those committing ‘grave breaches’ of IHL.

Measures have also been taken at the international level to ensure respect for IHL. A permanent body, the International Fact-Finding Commission, was constituted in 1991 with the primary purpose of investigating allegations of ‘grave breaches’ and other serious violations of IHL. Since the early 1990s, international and ‘internationalized’ criminal tribunals have been established around the world to try and punish the perpetrators of such crimes in particular contexts. In 1998, the international community created the first permanent international criminal tribunal with jurisdiction over the most serious international crimes, regardless of where they were committed.

NOTE

Module 4 provides more information about this topic.



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T.2A If your students ask...

The following suggestions can be used to help students think through questions they themselves raise about why those who are fighting accept and respect rules of war.

In most cases, using the “No easy answers” teaching method is recommended for questions like these. (See Methodology Guide.) In addition, however, you might consider using some of the approaches suggested here, if class time allows.

1. If I am winning in a war, why should I obey rules that limit my behaviour?a. Look at your side’s long-term interest. Do you want to be seen by the world as a

criminal?b. What if your side starts losing? (Consider historical examples of sides who

thought they could not lose, but did.) What will happen when your people need protection?

c. Some reasons for governments to obey the rules can include: respect for human dignity, legal obligation, to improve prospects for peace, risk of prosecution, value of maintaining discipline among the troops, to win the support of the population in combat zones and of the public at home and abroad and the belief that the other side might then follow the rules as well.

d. Although armed groups did not participate in making the rules of international humanitarian law (IHL), as a party to the conflict, they have essentially the same reasons to feel obliged to accept and respect the rules of this body of law. Among the reasons for armed groups to respect IHL are the following: the desire to earn the support of the population in combat zones and the good opinion of the international community.

NOTE

Exploration 3C specifically explores reasons why States and armed groups choose to respect IHL.

2. If these rules are broken all the time, why have them? a. They are not broken all the time. Most of the time they are respected.b. Does abiding by the rules make news? It is usually violations that make the news.c. Even if imperfectly respected, these rules do protect many people.d. When rules are broken, it is often because combatants have no fear of being

punished. This is why it is necessary for governments to make sure that both military personnel and civilians are familiar with the rules of IHL, that implementation is monitored and that the law is enforced.

NOTE

This subject is also addressed in Module 3.


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If your students ask...T.2A

3. Why waste resources caring for enemy prisoners?a. If you don’t help enemy prisoners, what will that mean for people from your side

who are held prisoner by the enemy? b. Providing for the basic needs of detainees does not affect your own fighting capacity.

4. Who ensures respect for these rules? a. The primary responsibility for ensuring that the rules of IHL are respected rests

with the governments involved in armed conflict. At the same time, armed groups are obliged to respect the rules of IHL.

b. All countries are obliged to prevent and suppress any violations of IHL as well as to search for and punish those committing ‘grave breaches.’

c. The international community has increasingly played a role in enforcing IHL by establishing international mechanisms, such as criminal tribunals.

NOTE

This subject is also addressed in Module 4.


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STUDENTRESOURCE2A.3

S.2ARaymond Depardon/Magnum Photos

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STUDENTRESOURCE2A.4

S.2A

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STUDENTRESOURCE (1/2)2A.6

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ar is

to w

eake

n th

e en

emy’

s m

ilita

ry fo

rces

.

1. T

he u

se o

f wea

pons

that

ca

use

unne

cess

ary

suffe

ring

is

proh

ibite

d.

2. Ta

king

hos

tage

s is

pro

hibi

ted.

3. K

illin

g or

wou

ndin

g a

surr

ende

ring

enem

y is

pro

hibi

ted.

4. O

rder

ing

or th

reat

enin

g th

at th

ere

shal

l be

no s

urvi

vors

is p

rohi

bite

d.

5. P

rete

ndin

g to

be

a ci

vilia

n w

hile

fig

htin

g is

pro

hibi

ted.

6. D

estr

oyin

g ob

ject

s ne

cess

ary

for

the

surv

ival

of c

ivili

ans

(food

stuff

s, fa

rmin

g ar

eas,

drin

king

wat

er

inst

alla

tions

, etc

.) is

pro

hibi

ted.

7. A

ttac

king

med

ical

and

relig

ious

pe

rson

nel a

nd o

bjec

ts la

wfu

lly

usin

g th

e re

d cr

oss/

red

cres

cent

/re

d cr

ysta

l em

blem

is p

rohi

bite

d.

8. M

isus

ing

the

red

cros

s/re

d cr

esce

nt/r

ed c

ryst

al e

mbl

em is

pr

ohib

ited.


Mod

ule

2: L

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s in

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ed c

on

flic

t

STUDENTRESOURCE (2/2)2A.6

S.2AW

hat a

re th

e ba

sic

rule

s of

inte

rnat

iona

l hum

anita

rian

law

?

civi

lian:

any

per

son

who

is n

ot a

com

bata

nt

Whe

n ci

vilia

ns ta

ke a

dire

ct p

art i

n fig

htin

g, th

ey lo

se th

eir p

rote

ctio

n fr

om

atta

ck. (

Whe

n th

ere

is a

ny d

oubt

abo

ut a

per

son’

s st

atus

, he

or s

he s

hall

be

cons

ider

ed to

be

a ci

vilia

n.)

civi

lian

obje

ct: a

ny o

bjec

t tha

t is

not a

mili

tary

obj

ecti

ve

Whe

n a

civi

lian

obje

ct is

use

d in

sup

port

of m

ilita

ry a

ctio

n, it

bec

omes

a

legi

tim

ate

mili

tary

targ

et a

nd lo

ses

its

prot

ecti

on. (

Whe

n th

ere

is a

ny

doub

t abo

ut w

heth

er a

civ

ilian

obj

ect i

s in

fact

bei

ng u

sed

in s

uppo

rt o

f m

ilita

ry a

ctio

n, it

sha

ll be

con

side

red

to b

e a

civi

lian

obje

ct.)

com

bata

nt: m

embe

r of a

rmed

forc

es, m

embe

r of a

n ar

med

gro

up u

nder

the

orde

rs o

f a p

arty

to th

e co

nflic

t

mili

tary

obj

ecti

ve: o

bjec

t whi

ch b

y it

s na

ture

, loc

atio

n, p

urpo

se o

r use

m

akes

an

effe

ctiv

e co

ntri

buti

on to

mili

tary

act

ion

and

who

se d

estr

ucti

on

offe

rs a

def

inite

mili

tary

adv

anta

ge

hors

de

com

bat:

lite

rally

mea

ns ‘o

ut o

f the

figh

t’ an

d de

scri

bes

com

bata

nts

who

hav

e be

en c

aptu

red

or w

ound

ed o

r who

are

sic

k or

shi

pwre

cked

and

th

us a

re n

o lo

nger

in a

pos

itio

n to

figh

t

prin

cipl

e of

pro

por

tion

alit

y: th

e ex

pect

ed n

umbe

r of d

eath

s or

inju

ries

to

civ

ilian

s or

dam

age

to c

ivili

an o

bjec

ts m

ust n

ot b

e ex

cess

ive

com

pare

d to

the

anti

cipa

ted

mili

tary

adv

anta

ge

DEF

INIT

ION

S


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ule

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STUDENTRESOURCE2A.7

Whi

le e

xerc

isin

g th

ese

right

s, e

very

one

mus

t res

pect

the

right

s of o

ther

s.

No

one

may

take

aw

ay a

ny o

f the

se ri

ghts

.

On

10 D

ecem

ber 1

948,

the

Gen

eral

Ass

embl

y of

the

Uni

ted

Nat

ions

ado

pted

th

e U

nive

rsal

Dec

lara

tion

of H

uman

Rig

hts

(UD

HR)

. The

firs

t of i

ts 3

0 ar

ticle

s pr

ocla

ims

that

:

All

hum

an b

eing

s are

bor

n fr

ee a

nd e

qual

in d

igni

ty a

nd ri

ghts

.

It fu

rthe

r pro

vide

s tha

t eve

ryon

e –

with

out d

istin

ctio

n –

has t

he ri

ght t

o:

a.

live,

and

to li

ve in

free

dom

an

d sa

fety

;

b.

be fr

ee fr

om s

lave

ry;

c.

be fr

ee fr

om to

rtur

e an

d fr

om

crue

l, in

hum

an o

r deg

radi

ng

trea

tmen

t or p

unis

hmen

t;

d.

be tr

eate

d eq

ually

und

er th

e la

w;

e.

be fr

ee fr

om a

rbitr

ary

arre

st

and

dete

ntio

n;

f. re

ceiv

e a

fair

tria

l, and

be

cons

ider

ed

inno

cent

unt

il pro

ven

guilt

y;

g.

not b

e co

nvic

ted

or p

unis

hed

for

an a

ct th

at w

as n

ot a

crim

e at

the

time

it w

as c

omm

itted

;

h.

have

thei

r priv

acy

resp

ecte

d;

i. m

ove

abou

t fre

ely

with

in o

r ou

tsid

e th

eir c

ount

ry;

j. se

ek p

rote

ctio

n fr

om p

erse

cutio

n in

ano

ther

cou

ntry

;

k.

get m

arrie

d an

d ha

ve a

fam

ily;

l. ow

n pr

oper

ty;

m.

free

ly p

ract

ice

thei

r ow

n re

ligio

n;

n.

thin

k an

d ex

pres

s th

emse

lves

fr

eely

;

o.

orga

nize

or t

ake

part

in p

eace

ful

mee

tings

;

p.

take

par

t in

thei

r cou

ntry

’s po

litic

al a

ffairs

and

hav

e eq

ual

acce

ss to

gov

ernm

ent s

ervi

ces;

q.

wor

k, a

nd to

wor

k in

favo

urab

le

cond

ition

s;

r. ha

ve a

dequ

ate

livin

g st

anda

rds;

s. go

to s

choo

l.

The

Uni

vers

al D

ecla

ratio

n of

Hum

an R

ight

sS.2A


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ule

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STUDENTRESOURCE2A.8

Cart

hage

sur

rend

ers

in 1

47 B

C

At la

st th

e pop

ulat

ion,

redu

ced

from

50

0,00

0 to

50,

000,

surre

nder

ed (.

..) T

he

surv

ivor

s wer

e sol

d as

slav

es, a

nd th

e city

w

as tu

rned

ove

r to

the l

egio

ns fo

r pill

age.

Relu

ctan

t to

raze

it, S

cipi

o [o

ne o

f the

m

ilita

ry tr

ibun

es] s

ent t

o Ro

me

for fi

nal

inst

ruct

ions

; the

sena

te re

plie

d th

at

not o

nly

Cart

hage

, but

all

such

of h

er

depe

nden

cies

as h

ad st

ood

by h

er, w

ere

to b

e co

mpl

etel

y de

stro

yed,

that

the

soil

shou

ld b

e pl

ough

ed a

nd so

wn

with

salt

and

a fo

rmal

curs

e la

id u

pon

the

site.

Fo

r sev

ente

en d

ays t

he ci

ty b

urne

d.

Sour

ce: W

ill D

uran

t, Ca

esar

and

Chr

ist,

The

Stor

y

of C

ivili

zatio

n, V

olum

e 3,

Sim

on a

nd S

chus

ter,

N

ew Y

ork,

194

4.

A c

ity-

stat

e su

rren

ders

in 4

16 B

C

So th

e M

elia

ns w

ere

indu

ced

to

surr

ende

r (...)

The

conq

uero

rs th

ereu

pon

put t

o de

ath

all w

ho w

ere

of m

ilita

ry

age,

and

mad

e sla

ves o

f the

wom

en

and

child

ren.

The

y co

loni

zed

the

islan

d,

send

ing

thith

er 5

00 se

ttle

rs o

f the

ir ow

n.

Sour

ce: T

hucy

dide

s, Th

e Pe

lopo

nnes

ian

War

, Boo

k V.

Two

stor

ies

from

anc

ient

his

tory

Que

stio

ns:

> Be

fore

ther

e w

ere

code

s of

beh

avio

ur to

pro

tect

co

nque

red

com

mun

itie

s:

•Wha

tsor

toffut

ureaw

aite

dsu

chcom

mun

ities?

•W

hatc

hoices

didth

eyhav

e?

S.2A

21Exploring Humanitarian LawExPLORATION 2B: CODES AND TRADITIONS OVER TIMEEHL

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2BExploration 2B: Codes and traditions over time

Exploration 2B is designed to illustrate the universality of the effort to limit the devastation caused by war. In every period of history, and throughout the world, people have sought to impose restraints on the way war may be waged, by creating codes and applying

certain traditions. Students study these historical examples after they have examined the need for rules to regulate war and looked at the basic rules of modern international humanitarian law (IHL) in Exploration 2A.

OBJECTIVES• tobecomeawarethat,inmanyplacesandduringmanyperiods,peoplehavecreatedcodesandappliedtraditionstolimitthedevastationcausedbywar

• tolearnofsomewrittenandunwrittenexamplesofhistoricalprohibitionsandrequirements• toshowtherelationshipbetweentherealitiesofwarandtheevolutionofhumanitariannorms

STUDENT2B RESOURCES

2B.1 Codesandtraditionsofwarfare2B.2 Whatarethebasicrulesofinternational

humanitarianlaw? Mapoftheworld(ifavailable)

PREPARATION

Choose which codes and traditions (from “Codes and traditions of warfare”) to use in step 2. In the Methodology Guide, review teaching methods 1 (Discussion), 7 (Writing and reflecting) and 10 (Gathering stories and news).

TIME

One 45-minute session

Exploring Humanitarian LawExPLORATION 2B: CODES AND TRADITIONS OVER TIMEEHL 22

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t1. WHAT IS THE EARLIEST EVIDENCE OF RULES FOR ARMED CONFLICT? (10 minutes)Encourage students to speculate on this question and discuss their ideas. (There is no one right answer; the point to stress is that attempts to lay down such rules go far back in time.)

Remind them that rules need not be written down; an unwritten practice of which everyone is aware is also a rule if everyone is expected to follow it.

2. CODES AND TRADITIONS OVER TIME (25 minutes)

Present “Codes and traditions of warfare.” STUDENT2B.1 RESOURCES

Possible questions:

> What rules do you see appearing more than once? [For example: people who are not involved in the fighting or are no longer involved in the

fighting – ‘non-combatants’ – are protected; the use of some weapons is regulated]> Which codes and traditions give explanations for their rules? What are these

explanations? [For example: codes that reflect warriors’ honour]> Do you see any rules that are like the ones you proposed?

Compare these historical rules with the basic rules of modern IHL. STUDENT2B.2 RESOURCES

3. NOTE THE DIVERSE ORIGINS OF THE RULES (10 minutes)On a map of the world, have students locate the areas these historical rules come from.

! KEY IDEAS

• People’s efforts to limit the brutality of war are universal.• History contains numerous examples of rules that aim to restrain the use of

violence in order to reduce unnecessary suffering and destruction.

The exploration2B


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2BExtension activities

FINDING STORIES IN LITERATURE, TRADITIONS AND POPULAR CULTURE Reflect on a popular or familiar story about someone involved in a struggle – a story told by your family or in your community.

It may be something you have seen in the cinema or in the theatre or on television, or heard on the radio. It can be a story of any kind – a fable, a legend, a religious parable, historical fact or a novel.

> Were the characters in your story guided by rules of conduct that told them what they may or may not do while fighting?

> Did they abide by the rules? What effect did following the rules (or breaking them) have?

HISTORY

Choose one of the examples from “Codes and traditions of warfare” for further research.

STUDENT2B.1 RESOURCES

Find out when and where that rule was created. See what you can find out about who created the rule and the circumstances surrounding its introduction.

OR

Select a war that was taking place during the period and in the setting of one of the examples from “Codes and traditions of warfare.” Study the situation (using books, the Internet, films, etc.). Look for evidence of fighters who followed the rules and of those who violated them. Decide for yourself what influence the rules had on that time and in that place.


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STUDENTRESOURCE (1/8)2B.1

S.2B

Do

not s

et fi

re to

wha

t the

peo

ple

have

acc

umul

ated

; do

not d

estro

y th

eir h

ouse

s, no

r cut

dow

n th

e tre

es a

t gra

vesit

es o

r alta

rs. D

o no

t ki

ll tho

se w

ho su

rrend

er n

or sl

ay

your

capt

ives

. Inst

ead

show

them

be

nevo

lenc

e and

righ

teou

snes

s, ex

tend

your

gen

erou

s Virt

ue to

them

.

– T’

ai K

ung,

Six

Sec

ret T

each

ings

, A

ncie

nt C

hina

, 11t

h ce

ntur

y BC

The

third

ele

men

t is h

uman

ity: lo

ve,

tole

ranc

e an

d sy

mpa

thy

for o

ther

s. H

uman

ity is

seen

as a

par

ticul

ar

requ

irem

ent f

or le

ader

s. H

uman

ity

tow

ards

the

wea

k or

the

defe

ated

is

seen

as t

he m

ost h

onou

rabl

e w

ay

for a

war

rior t

o co

nduc

t him

self;

th

eref

ore

the

ill-tr

eatm

ent o

f pr

isone

rs is

com

plet

ely

oppo

sed

to

this

elem

ent.

– Bu

shid

o, a

cod

e of

con

duct

for

war

riors

, Jap

an, 1

7th

cent

ury

Cod

es a

nd tr

aditi

ons

of w

arfa

re

William Alexander/Getty Images

Whe

n he

figh

ts w

ith h

is fo

es in

bat

tle,

let h

im n

ot st

rike

with

wea

pons

co

ncea

led

in w

ood,

nor

with

such

as

are

barb

ed, p

oiso

ned,

or t

he p

oint

s of

whi

ch a

re b

lazi

ng w

ith fi

re.

Let h

im n

ot st

rike o

ne w

ho in

flig

ht

has c

limbe

d on

an

emin

ence

, nor

a

eunu

ch, n

or o

ne w

ho jo

ins t

he p

alm

s of

his h

ands

in su

pplic

atio

n, n

or o

ne w

ho

flees

with

flyi

ng h

air, n

or o

ne w

ho si

ts

dow

n, n

or o

ne w

ho sa

ys ‘I

am th

ine’;

Nor

one

who

slee

ps, n

or o

ne w

ho h

as

lost

his

coat

of m

ail,

nor o

ne w

ho is

na

ked,

nor

one

who

is d

isar

med

, nor

on

e w

ho lo

oks o

n w

ithou

t tak

ing

part

in th

e fig

ht, n

or o

ne w

ho is

fig

htin

g w

ith a

noth

er fo

e;

Nor

one

who

se w

eapo

ns a

re b

roke

n,

nor o

ne a

fflic

ted

with

sorr

ow,

nor o

ne w

ho h

as b

een

grie

vous

ly

wou

nded

, nor

one

who

is in

fear

, nor

on

e w

ho h

as tu

rned

to fl

ight

; but

in

all t

hese

case

s let

him

rem

embe

r the

du

ty o

f hon

oura

ble

war

riors

.

– Th

e Cod

e of M

anu,

a co

de o

f co

nduc

t, An

cien

t Ind

ia, 1

st ce

ntur

y BC

Panoramic Images/Getty Images

Utagawa Kunisada/Getty Images

ASI

A A

ND

TH

E PA

CIF

IC


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ule

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It w

as re

gard

ed a

s wro

ng fo

r an

atta

ckin

g fo

rce

to d

estr

oy th

e cu

lt-ho

uses

of t

heir

‘bro

ther

s’ or

to st

rip

the

bark

off

the

grea

t old

tree

s tha

t sh

ade

the

cere

mon

ial g

roun

d.

– Pa

pua

New

Gui

nea,

ora

l tra

ditio

n

Ian Griffiths/Getty Images

The

fron

d of

the

lyca

s pa

lm

serv

ed a

s an

em

blem

of

prot

ectio

n an

d im

mun

ity in

tim

es o

f war

fare

for m

en w

ho

carr

ied

no w

eapo

ns.

– Va

nuat

u, o

ral t

radi

tion


S.2B

If w

ound

ed (o

r cap

ture

d w

hole

) and

bu

tt of

the m

uske

t or h

ilt o

f the

swor

d be

turn

ed to

me,

he w

ill be

save

d.

If an

y Pa

keha

[non

-Mao

ri pe

rson

] be

ing

a so

ldie

r by

nam

e sh

all b

e tr

avel

ling

unar

med

and

mee

t me,

he

will

be

capt

ured

and

han

ded

over

to th

e di

rect

ion

of th

e la

w.

The

sold

ier w

ho fl

ees,

bein

g ca

rrie

d aw

ay w

ith h

is fe

ars,

and

goes

to

the

hous

e of

the

prie

st w

ith h

is g

un

(eve

n th

ough

carr

ying

arm

s) w

ill

be sa

ved.

I will

not

go

ther

e.

The

unar

med

Pak

ehas

, wom

en

and

child

ren

will

be

spar

ed.

– M

aori

War

rior C

ode,

New

Ze

alan

d, 1

864

Cod

es a

nd tr

aditi

ons

of w

arfa

re

NMM/London

Dur

ing

saut

u ta

le n

a va

nua

[per

iods

of p

eace

in ti

mes

of

war

fare

, whi

ch li

tera

lly m

eans

‘the

tim

e w

hen

the

land

pro

sper

ed

agai

n’],

ther

e w

as n

o ba

ttle

. Eve

n if

war

riors

cam

e ac

ross

peo

ple

from

th

e en

emy

they

wou

ld re

spec

t the

tr

uce.

Thi

s was

als

o re

spec

ted

as a

tim

e w

hen

the

war

-dea

d co

uld

be

colle

cted

by

thei

r rel

atio

ns.

– Fi

ji, o

ral t

radi

tion

Courtesy of Omar di Nicola

ASI

A A

ND

TH

E PA

CIF

IC


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2: L

imit

s in

arm

ed c

on

flic

t


S.2BC

odes

and

trad

ition

s of

war

fare

EUR

OP

E

• Hos

tiliti

es a

re so

met

imes

in

appr

opria

te: s

acre

d tr

uces

, es

peci

ally

thos

e de

clar

ed fo

r the

ce

lebr

atio

n of

the

Oly

mpi

c ga

mes

, sh

ould

be

obse

rved

.• H

ostil

ities

aga

inst

cert

ain

pers

ons a

nd in

cert

ain

plac

es a

re

inap

prop

riate

: the

invi

olab

ility

of

sacr

ed p

lace

s and

per

sons

un

der t

he p

rote

ctio

n of

the

gods

, es

peci

ally

her

alds

and

supp

liant

s, sh

ould

be

resp

ecte

d.

• Afte

r a b

attle

, it i

s rig

ht to

retu

rn

enem

y de

ad w

hen

aske

d; to

re

ques

t the

retu

rn o

f one

’s de

ad is

ta

ntam

ount

to a

dmitt

ing

defe

at.

• Pris

oner

s of w

ar sh

ould

be

offer

ed

for r

anso

m ra

ther

than

bei

ng

sum

mar

ily e

xecu

ted

or m

utila

ted.

• Pun

ishm

ent o

f opp

onen

ts w

ho

have

surr

ende

red

shou

ld b

e re

stra

ined

.• W

ar is

an

affai

r of w

arrio

rs, t

hus

non-

com

bata

nts s

houl

d no

t be

prim

ary

targ

ets o

f att

ack.

• Bat

tles s

houl

d be

foug

ht d

urin

g th

e us

ual (

sum

mer

) cam

paig

ning

seas

on.

• Use

of n

on-t

radi

tiona

l Gre

ek

infa

ntry

arm

s (e.

g. p

roje

ctile

m

issi

les)

shou

ld b

e lim

ited.

– Ko

ina

Nom

ina,

the

‘com

mon

cu

stom

s’ of

war

fare

, Anc

ient

G

reec

e, 6

th c

entu

ry B

C

Vanni Archive/Corbis

Whi

le it

is d

ifficu

lt to

find

pre

cise

ru

les l

aid

dow

n fo

r the

con

duct

of

a kn

ight

dur

ing

the ‘

Age

of C

hiva

lry’

[Med

ieva

l era

, fro

m th

e 12

th to

the

16th

cen

turie

s], it

is c

lear

that

such

a

code

exi

sted

. Exa

mpl

es w

ere

foun

d of

co

urag

e, g

ente

elne

ss, u

nder

stan

ding

an

d m

ercy

insp

ired

by th

e st

anda

rds

that

onl

y a

perfe

ct m

an w

ould

live

up

to. K

nigh

ts w

ere

supp

osed

to ta

ke

care

of t

he w

eak

(incl

udin

g th

e sic

k),

the

oppr

esse

d an

d w

idow

s.

Und

er ju

s in

bello

[law

in w

ar] t

he

Chur

ch fo

rbad

e th

e us

e of

a cr

ossb

ow,

for i

t was

not

app

ropr

iate

that

m

ount

ed k

nigh

ts sh

ould

be

felle

d fro

m a

dist

ance

by

arch

ers f

rom

am

ong

the

com

mon

folk

.

Und

er ju

s mili

tare

[mili

tary

law

], ch

arge

s bro

ught

und

er th

e la

ws

of a

rms w

ere

assig

ned

to sp

ecia

l m

ilita

ry o

r roy

al c

ourt

s (th

e Co

urt o

f Ch

ival

ry in

Eng

land

, the

Par

liam

ent

of P

aris

in F

ranc

e). I

n th

ese

cour

ts,

law

yers

refin

ed a

nd c

larifi

ed it

s pr

ecep

ts in

form

al p

lead

ings

. Kn

ight

s and

her

alds

rem

aine

d th

e ex

pert

s in

the

law

s of a

rms.

Thei

r

test

imon

y w

as so

ught

bot

h in

de

finin

g th

e la

w a

nd in

app

lyin

g it

to sp

ecifi

c ca

ses,

a re

flect

ion

of th

e st

atus

of j

us m

ilita

re a

s a b

ody

of

inte

rnat

iona

l kni

ghtly

cus

tom

.

Und

er th

e Pe

ace o

f God

the

Chur

ch

proh

ibite

d at

tack

ing

holy

pla

ces,

the

cler

gy, p

easa

nts,

wom

en, c

hild

ren,

tra

velle

rs a

nd p

ilgrim

s.

Und

er th

e Tr

uce o

f God

the

Chur

ch

proh

ibite

d fig

htin

g on

cert

ain

days

, su

ch a

s Sun

days

and

hol

y da

ys.

...no

ne b

e so

har

dy a

s to

rob

and

pilla

ge th

e ch

urch

, nor

to d

estr

oy a

ny m

an

belo

ngin

g to

hol

y ch

urch

, rel

igio

us o

r oth

erw

ise,

nor

any

wom

an, n

or to

take

th

em p

rison

ers,

if no

t bea

ring

arm

s.

– Ri

char

d II,

Art

icle

s of

War

, Eng

land

, 138

5

Bettmann/Corbis


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t


Cod

es a

nd tr

aditi

ons

of w

arfa

reEU

RO

PE

... p

rison

ers s

hall

be a

llow

ed to

re

ceiv

e re

lief s

uppl

ies (

...) t

o ha

ve

dece

nt a

ccom

mod

atio

n w

ith g

ood

stra

w th

at is

rene

wed

wee

kly.

... th

e wou

nded

shal

l be c

ared

for b

y bo

th si

des (

...) m

edici

nes a

nd fo

od sh

all

be p

aid

for t

hem

(...) i

t sha

ll be p

erm

itted

to

send

surg

eons

and

thei

r ser

vant

s with

sa

fe-c

ondu

cts i

ssue

d by

the g

ener

als (

...)

mor

eove

r, tho

se w

ho h

ave b

een

take

n pr

isone

r sha

ll be r

epat

riate

d un

der t

he

prot

ectio

n of

the g

ener

al b

y lan

d or

sea,

w

hich

ever

is m

ost c

onve

nien

t.

... th

e sic

k on

both

side

s sha

ll not

be

take

n pr

isone

r; th

ey sh

all b

e allo

wed

to

rem

ain

in sa

fety

in th

e hos

pita

ls an

d

each

bel

liger

ent p

arty

may

leav

e a

guar

d fo

r the

m th

ere.

Bot

h th

e sic

k and

th

eir g

uard

s sha

ll be s

ent h

ome b

y the

m

ost d

irect

rout

e, w

ithou

t hin

dran

ce.

Pris

oner

s sha

ll no

t in

any

way

be

forc

ed to

enl

ist.

Pris

oner

s sha

ll be

allo

wed

to se

nd

notifi

catio

n of

thei

r det

entio

n by

un

seal

ed le

tter

.

-Ext

ract

s fr

om th

e Tr

eaty

and

co

nven

tions

for t

he s

ick,

wou

nded

an

d pr

ison

ers

of w

ar b

elon

ging

to

the

auxi

liary

troo

ps o

f His

Mos

t Ch

ristia

n M

ajes

ty a

nd to

thos

e of

hi

s al

lies,

Fran

kfur

t, G

erm

any,

174

3

Archivo Iconografico SA/Corbis

The

obje

ct o

f the

war

bei

ng th

e de

stru

ctio

n of

the

host

ile S

tate

, th

e ot

her s

ide

has a

righ

t to

kill

its

defe

nder

s, w

hile

they

are

bea

ring

arm

s; bu

t as s

oon

as th

ey la

y th

em

dow

n an

d su

rren

der,

they

ceas

e to

be

ene

mie

s, or

inst

rum

ents

of t

he

enem

y, a

nd b

ecom

e on

ce m

ore

mer

ely

men

, who

se li

fe n

o on

e ha

s an

y rig

ht to

take

...

– Je

an-J

acqu

es R

ouss

eau

(Fre

nch-

Swis

s phi

loso

pher

), Th

e So

cial

Co

ntra

ct, F

ranc

e, 1

762

S.2B


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

Cod

es a

nd tr

aditi

ons

of w

arfa

re


Send

a p

riest

to m

y ca

mp.

He

shal

l la

ck n

othi

ng. (

...) H

e w

ill p

ray

each

da

y w

ith th

e pr

isone

rs, h

e w

ill

com

fort

them

, he

will

corr

espo

nd

with

thei

r fam

ilies

. He

will

thus

giv

e th

em a

way

of r

ecei

ving

mon

ey,

clot

hing

, boo

ks –

in a

wor

d, a

ll th

at

they

may

des

ire o

r nee

d to

miti

gate

th

e ha

rdsh

ips o

f the

ir ca

ptiv

ity.

– Em

ir A

bdel

kade

r, (1

808-

1883

), A

lger

ian

Isla

mic

sch

olar

, pol

itica

l an

d m

ilita

ry le

ader

Baldwin H. Ward, Kathryn C. Ward/Corbis

AR

AB

WO

RLD

Han

niba

l (Ca

rtha

gini

an g

ener

al,

247-

182

BC) f

orba

de h

is so

ldie

rs

to c

omm

it ac

ts o

f loo

ting

or

vand

alis

m. H

e al

way

s sho

wed

re

spec

t for

the

deiti

es; h

e in

voke

d th

em in

his

spee

ches

and

oft

en

wen

t to

shrin

es in

ord

er to

pra

y an

d to

offe

r sac

rifice

s.

Refra

in fr

om b

etra

yal, e

xtra

vaga

nce,

pe

rfidy

or m

utila

tion;

nev

er k

ill sm

all

child

ren,

old

men

or w

omen

; nev

er

cut o

r set

fire

to p

alm

tree

s; ne

ver c

ut

fruit-

bear

ing

trees

; nev

er sl

ay a

goa

t, a

cow

or a

cam

el ex

cept

for f

ood.

If

you

pass

by p

eopl

e dev

oted

to

wor

ship

leav

e the

m to

do.

– Kh

alif

Abu

Bak

r Al-S

iddi

q, th

e fir

st c

alip

h af

ter t

he p

roph

et

Muh

amm

ed, 6

-7th

cen

tury

In ca

se y

ou w

in th

e ba

ttle

, do

not k

ill a

runa

way

sold

ier o

r a

wou

nded

per

son;

(...)

do

not

disfi

gure

dea

d bo

dies

; do

not

go in

to a

ny h

ouse

with

out

auth

oriz

atio

n; d

o no

t exp

ropr

iate

th

eir p

rope

rty;

do

not t

ortu

re

wom

en (.

..) e

ven

if th

ey in

sult

you

or y

our r

uler

s; an

d al

way

s re

mem

ber G

od so

that

you

may

w

in H

is m

ercy

.

– Kh

alif

Ali

Ibn

Abi

Tal

eb, t

he

four

th c

alip

h af

ter t

he p

roph

et

Muh

amm

ed, 7

th c

entu

ry

...in

no

circ

umst

ance

s sha

ll w

omen

an

d ch

ildre

n of

the

enem

y be

ki

lled,

eve

n if

they

are

use

d as

hu

man

shie

lds b

y so

ldie

rs.

– M

alik

ibn

Ana

s ibn

Mal

ik ib

n ‘A

mr a

l-Asb

ahim

, dis

tingu

ishe

d sc

hola

r of I

slam

ic la

w, 8

th c

entu

ry

Araldo de Luca/Corbis

S.2B


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t


Cod

es a

nd tr

aditi

ons

of w

arfa

reA

FRIC

A

Biri-

ma-

geyd

o, o

r ‘sp

ared

by

the

spea

r,’ is

a c

ode

that

defi

ned

cate

gorie

s of

peo

ple

who

sho

uld

be c

ared

for a

nd a

ssis

ted

at a

ll tim

es, e

spec

ially

dur

ing

arm

ed

confl

ict.

The

cate

gorie

s in

clud

ed

wom

en, c

hild

ren,

the

elde

rly, t

he

sick

, gue

sts,

men

of r

elig

ion

and

peac

e de

lega

tes.

– So

mal

ia, o

ral t

radi

tion

To a

ttac

k a

villa

ge w

here

ther

e ar

e on

ly w

omen

and

chi

ldre

n is

not

war

; it i

s the

ft –

we

are

not t

hiev

es.

– N

iger

, ora

l tra

ditio

n

Und

er th

e co

de o

f the

Lap

ir [c

ode

of b

elie

fs],

hono

ur in

bat

tle m

eant

ne

ver h

arm

ing

civi

lians

or t

heir

food

supp

lies.

– Ce

ntra

l Afr

ica,

18t

h ce

ntur

y

François-Hippolyte Lalaisse/Getty Images

No

one

shou

ld s

trik

e a

disa

rmed

en

emy.

The

ene

my

shou

ld b

e ca

ptur

ed.

– M

ali,

Burk

ina

Faso

and

oth

er

coun

trie

s of

the

Sahe

lian

zone

, or

al tr

aditi

on

The

ethi

cs o

f war

wer

e ta

ught

to

ever

y yo

ung

nobl

eman

for h

is

futu

re a

s a w

arrio

r. H

e w

as ta

ught

ne

ver t

o ki

ll an

ene

my

on th

e gr

ound

, bec

ause

by

falli

ng, t

he

enem

y ad

mitt

ed h

is in

ferio

rity.

– Se

nega

l, or

al tr

aditi

on

Corbis

S.2B


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

Cod

es a

nd tr

aditi

ons

of w

arfa

re


AM

ERIC

AS

... it

is u

nlaw

ful t

o ki

ll ch

ildre

n,

for t

hey

are

obvi

ousl

y in

noce

nt

(...)

The

sam

e is

true

of u

narm

ed

Chris

tian

wor

kers

and

all

peac

eful

ci

vilia

ns. I

t is u

nlaw

ful t

o ki

ll pi

lgrim

s and

vis

itors

who

hap

pen

to b

e in

ene

my

terr

itory

sinc

e th

ey

are

pres

umed

to b

e in

noce

nt.

Prie

sts a

nd o

ther

mem

bers

of t

he

cler

gy a

re a

lso

pres

umed

to b

e in

noce

nt in

war

time

unle

ss th

ere

is e

vide

nce

to th

e co

ntra

ry, s

uch

as

if th

ey a

re fo

und

actu

ally

figh

ting

in th

e w

ar.

Man

y as

pect

s of w

arfa

re a

re

regu

late

d by

the

law

of n

atio

ns.

In a

ccor

danc

e w

ith th

e ex

istin

g cu

stom

s and

the

usag

es o

f war

, pr

ison

ers (

unle

ss th

ey a

re fu

gitiv

es)

mus

t be

spar

ed o

nce

the

war

has

be

en w

on a

nd th

e da

nger

is p

ast.

All g

ood

men

mus

t uph

old

the

law

of

nat

ions

.

– Fr

anci

sco

de V

itoria

(Spa

nish

th

eolo

gian

and

pol

itica

l the

orist

), Ex

trac

ts fr

om O

n th

e In

dian

s and

Th

e La

w o

f War

, 16t

h ce

ntur

y

Troo

ps th

at g

ive

no q

uart

er h

ave

no

right

to k

ill e

nem

ies a

lread

y di

sabl

ed

on th

e gr

ound

, or p

rison

ers c

aptu

red

by o

ther

troo

ps.

Priso

ners

of w

ar a

re su

bjec

t to

confi

nem

ent o

r im

priso

nmen

t suc

h as

m

ay b

e de

emed

nec

essa

ry o

n ac

coun

t of

safe

ty, b

ut th

ey a

re to

be

subj

ecte

d to

no

othe

r int

entio

nal s

uffer

ing

or

indi

gnity

. The

confi

nem

ent a

nd m

ode

of tr

eatin

g a

priso

ner m

ay b

e va

ried

durin

g hi

s cap

tivity

acc

ordi

ng to

the

dem

ands

of s

afet

y.

Priso

ners

of w

ar sh

all b

e fed

upo

n pl

ain

and

who

leso

me f

ood,

whe

neve

r pr

actic

able

, and

trea

ted

with

hu

man

ity. T

hey m

ay b

e req

uire

d to

w

ork f

or th

e ben

efit o

f the

capt

or’s

gove

rnm

ent,

acco

rdin

g to

thei

r ran

k an

d co

nditi

on.

Ever

y cap

ture

d w

ound

ed en

emy s

hall

be m

edica

lly tr

eate

d, a

ccor

ding

to th

e ab

ility

of t

he m

edica

l sta

ff.

– Ex

trac

ts fr

om th

e Li

eber

Cod

e,

Uni

ted

Stat

es o

f Am

eric

a, 1

863

Bettmann/Corbis

S.2B


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

AM

ERIC

AS

Sold

iers

and

oth

er m

embe

rs

of th

e m

ilita

ry ca

ptur

ed o

n th

e ba

ttlefi

eld

shal

l, fro

m th

e m

omen

t of

thei

r cap

ture

unt

il the

tim

e of

thei

r ex

chan

ge, b

e he

ld a

s pris

oner

s of w

ar

and

be tr

eate

d w

ith d

ue re

spec

t, in

co

nfor

mity

with

thei

r ran

k.

The

mor

tal r

emai

ns o

f tho

se w

ho

die

glor

ious

ly o

n th

e ba

ttle

field

or

in cl

ashe

s or e

ncou

nter

s of a

ny

kind

bet

wee

n th

e fo

rces

of t

he

two

gove

rnm

ents

, sha

ll be

giv

en a

di

gnifi

ed b

uria

l.

The

vict

orio

us a

rmy

or fo

rce

shal

l fu

lfil t

his s

acre

d du

ty e

xcep

t whe

re

grav

e an

d un

usua

l circ

umst

ance

s pr

even

t it f

rom

doi

ng so

.

Whe

reve

r a g

over

nmen

t or a

n in

divi

dual

on

eith

er si

de re

ques

ts th

at

mor

tal r

emai

ns b

e han

ded

over

, thi

s sh

all b

e don

e and

the n

eces

sary

mea

ns

prov

ided

for t

heir

trans

port

atio

n.

– Ex

trac

ts fr

om th

e Tr

eaty

to

Regu

late

War

fare

, sig

ned

by S

imón

Bo

lívar

, gen

eral

and

sta

tesm

an,

Vene

zuel

a, 1

820

Prov

ided

they

are

una

rmed

, wom

en

and

child

ren,

the

elde

rly, t

he w

ound

ed

and

the

sick

on th

e en

emy’s

side

pr

esen

t no

thre

at a

nd co

nseq

uent

ly

mus

t not

be

kille

d or

subj

ecte

d to

any

fo

rm o

f ill-

treat

men

t. Th

e sa

me

appl

ies

to m

embe

rs o

f the

cler

gy a

nd to

all

thos

e en

gage

d in

pea

cefu

l act

iviti

es.

– An

drés

Bel

lo (h

uman

ist a

nd

philo

soph

er),

Prin

cipl

es o

f In

tern

atio

nal L

aw, V

enez

uela

, 183

2

Harry S. Truman Library

Now

aday

s, pr

isone

rs o

f war

may

not

be

pun

ished

in a

ny w

ay o

n ac

coun

t of

thei

r ene

my s

tatu

s. N

o ill

-trea

tmen

t or

dish

onou

r may

be

infli

cted

on

them

de

liber

atel

y or a

s a re

prisa

l. At m

ost,

they

may

be

impr

isone

d or

inte

rned

, if

that

be

deem

ed n

eces

sary

to p

reve

nt

them

from

esc

apin

g. H

owev

er, t

he

cond

ition

s of i

nter

nmen

t and

the

man

ner o

f tre

atm

ent m

ay va

ry in

ac

cord

ance

with

mea

sure

s tha

t may

ne

ed to

be

take

n ag

ains

t the

m to

m

aint

ain

secu

rity.

The

wel

l-bei

ng o

f the

una

rmed

, de

feat

ed, c

aptiv

e en

emy h

as b

ecom

e a

sacr

ed tr

ust f

or u

s. To

em

brac

e as

a

prin

cipl

e th

at it

is p

erm

issib

le to

take

th

e lif

e of

such

a m

an in

ord

er to

spar

e on

e’s o

wn,

inde

ed e

ven

to se

arch

for

argu

men

ts to

just

ify su

ch a

crim

e ag

ains

t hum

anity

, ser

ves o

nly t

o dr

ag

the

wor

ld b

ackw

ards

.

– Ca

rlos

Calv

o (p

ublic

ist

and

hist

oria

n), e

xtra

cts

from

Th

eore

tical

and

Pra

ctic

al

Inte

rnat

iona

l Law

, Arg

entin

a, 1

852

All rights reserved

Cod

es a

nd tr

aditi

ons

of w

arfa

re


S.2B


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t


Wha

t are

the

basi

c ru

les

of in

tern

atio

nal h

uman

itaria

n la

w?

D

ISTI

NCT

ION

Whe

n pl

anni

ng o

r ca

rryi

ng

out a

n at

tack

, dis

tinc

tion

m

ust b

e m

ade

bet

wee

n ci

vilia

ns a

nd c

omba

tant

s an

d b

etw

een

civi

lian

obje

cts

and

mili

tary

obj

ecti

ves.

1. A

ttac

king

civ

ilian

s is

pro

hibi

ted.

2. A

ttac

king

civ

ilian

obj

ects

(hou

ses,

hosp

itals

, sch

ools

, pla

ces

or

wor

ship

, cul

tura

l or h

isto

ric

mon

umen

ts, e

tc.)

is p

rohi

bite

d.

3. B

efor

e an

att

ack,

eve

ry p

ossi

ble

prec

autio

n m

ust b

e ta

ken

to

min

imiz

e th

e po

tent

ial h

arm

to

civi

lians

and

civ

ilian

obj

ects

.

4. T

he u

se o

f wea

pons

that

are

no

t abl

e to

dis

tingu

ish

betw

een

civi

lians

and

mili

tary

targ

ets

is

proh

ibite

d.

TR

EATM

ENT

Civi

lians

and

com

bata

nts

who

are

hor

s de

com

bat m

ust

be

prot

ecte

d an

d tr

eate

d hu

man

ely.

1. M

urde

r, to

rtur

e, a

nd c

ruel

or

deg

radi

ng tr

eatm

ent o

r pu

nish

men

t are

pro

hibi

ted.

2. S

exua

l vio

lenc

e is

pro

hibi

ted.

3. Fo

rced

dis

plac

emen

t of c

ivili

ans

is

proh

ibite

d.

4. S

tarv

ing

civi

lians

is p

rohi

bite

d.

5. U

sing

hum

an s

hiel

ds to

pro

tect

m

ilita

ry o

bjec

tives

is p

rohi

bite

d.

6. W

ound

ed, s

ick

or sh

ipw

reck

ed

enem

y co

mba

tant

s mus

t be

sear

ched

fo

r, co

llect

ed a

nd c

ared

for. T

here

sh

ould

be

no p

refe

rent

ial t

reat

men

t, ex

cept

on

med

ical

gro

unds

.

7. C

aptu

red

civi

lians

and

ene

my

com

bata

nts m

ust b

e gi

ven

adeq

uate

fo

od, w

ater

, clo

thin

g, sh

elte

r and

m

edic

al c

are

and

mus

t be

allo

wed

to

corr

espo

nd w

ith th

eir f

amili

es.

8. E

very

one

mus

t rec

eive

a fa

ir tr

ial.

SP

ECIF

IC P

ROTE

CTIO

N

Cert

ain

cate

gori

es o

f peo

ple

and

obje

cts

mus

t rec

eive

ad

diti

onal

pro

tect

ion.

1. R

ecru

iting

or u

sing

chi

ldre

n un

der

the

age

of 1

5 in

arm

ed c

onfli

ct is

pr

ohib

ited.

2. M

edic

al p

erso

nnel

and

faci

litie

s (h

ospi

tals

, clin

ics,

ambu

lanc

es, e

tc.)

as w

ell a

s re

ligio

us p

erso

nnel

mus

t be

resp

ecte

d an

d pr

otec

ted.

3. H

uman

itaria

n re

lief p

erso

nnel

, su

pplie

s an

d op

erat

ions

mus

t be

resp

ecte

d an

d pr

otec

ted.

4. C

ultu

ral p

rope

rty

mus

t be

resp

ecte

d an

d pr

otec

ted.

5. T

he s

peci

fic p

rote

ctio

n, h

ealth

an

d as

sist

ance

nee

ds o

f wom

en

affec

ted

by a

rmed

con

flict

mus

t be

resp

ecte

d.

W

EAPO

NS

AN

D T

ACT

ICS

The

only

legi

tim

ate

obje

ctiv

e of

war

is to

wea

ken

the

enem

y’s

mili

tary

forc

es.

1. T

he u

se o

f wea

pons

that

ca

use

unne

cess

ary

suffe

ring

is

proh

ibite

d.

2. Ta

king

hos

tage

s is

pro

hibi

ted.

3. K

illin

g or

wou

ndin

g a

surr

ende

ring

enem

y is

pro

hibi

ted.

4. O

rder

ing

or th

reat

enin

g th

at th

ere

shal

l be

no s

urvi

vors

is p

rohi

bite

d.

5. P

rete

ndin

g to

be

a ci

vilia

n w

hile

fig

htin

g is

pro

hibi

ted.

6. D

estr

oyin

g ob

ject

s ne

cess

ary

for

the

surv

ival

of c

ivili

ans

(food

stuff

s, fa

rmin

g ar

eas,

drin

king

wat

er

inst

alla

tions

, etc

.) is

pro

hibi

ted.

7. A

ttac

king

med

ical

and

relig

ious

pe

rson

nel a

nd o

bjec

ts la

wfu

lly

usin

g th

e re

d cr

oss/

red

cres

cent

/re

d cr

ysta

l em

blem

is p

rohi

bite

d.

8. M

isus

ing

the

red

cros

s/re

d cr

esce

nt/r

ed c

ryst

al e

mbl

em is

pr

ohib

ited.

S.2B


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

Wha

t are

the

basi

c ru

les

of in

tern

atio

nal h

uman

itaria

n la

w?


civi

lian:

any

per

son

who

is n

ot a

com

bata

nt

Whe

n ci

vilia

ns ta

ke a

dire

ct p

art i

n fig

htin

g, th

ey lo

se th

eir p

rote

ctio

n fr

om

atta

ck. (

Whe

n th

ere

is a

ny d

oubt

abo

ut a

per

son’

s st

atus

, he

or s

he s

hall

be

cons

ider

ed to

be

a ci

vilia

n.)

civi

lian

obje

ct: a

ny o

bjec

t tha

t is

not a

mili

tary

obj

ecti

ve

Whe

n a

civi

lian

obje

ct is

use

d in

sup

port

of m

ilita

ry a

ctio

n, it

bec

omes

a

legi

tim

ate

mili

tary

targ

et a

nd lo

ses

its

prot

ecti

on. (

Whe

n th

ere

is a

ny

doub

t abo

ut w

heth

er a

civ

ilian

obj

ect i

s in

fact

bei

ng u

sed

in s

uppo

rt o

f m

ilita

ry a

ctio

n, it

sha

ll be

con

side

red

to b

e a

civi

lian

obje

ct.)

com

bata

nt: m

embe

r of a

rmed

forc

es, m

embe

r of a

n ar

med

gro

up u

nder

the

orde

rs o

f a p

arty

to th

e co

nflic

t

mili

tary

obj

ecti

ve: o

bjec

t whi

ch b

y it

s na

ture

, loc

atio

n, p

urpo

se o

r use

m

akes

an

effe

ctiv

e co

ntri

buti

on to

mili

tary

act

ion

and

who

se d

estr

ucti

on

offe

rs a

def

inite

mili

tary

adv

anta

ge

hors

de

com

bat:

lite

rally

mea

ns ‘o

ut o

f the

figh

t’ an

d de

scri

bes

com

bata

nts

who

hav

e be

en c

aptu

red

or w

ound

ed o

r who

are

sic

k or

shi

pwre

cked

and

th

us a

re n

o lo

nger

in a

pos

itio

n to

figh

t

prin

cipl

e of

pro

por

tion

alit

y: th

e ex

pect

ed n

umbe

r of d

eath

s or

inju

ries

to

civ

ilian

s or

dam

age

to c

ivili

an o

bjec

ts m

ust n

ot b

e ex

cess

ive

com

pare

d to

the

anti

cipa

ted

mili

tary

adv

anta

ge

DEF

INIT

ION

S

S.2B

Exploring Humanitarian LawExPLORATION 2C: FOCUS ON CHILD SOLDIERSEHL 34

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tExploration 2A introduced students to the rules of war, and Exploration 2B provided examples of precursors to those rules of international humanitarian law (IHL). Exploration 2C looks in depth at one evolving area of IHL: the rules governing the recruitment and use of children by armed forces or groups.

It begins by taking a look at childhood and the needs of children. It then uses photos, a film and readings to communicate to students the experiences of child soldiers, and to help them understand the consequences of these experiences for the children themselves and for their societies. Finally, the exploration looks at the recruitment and use of children in armed conflicts around the world in such a way that no one can dismiss this practice as occurring in ‘another part of the world.’

OBJECTIVES• tobecomeawareofthescopeofthepracticesofrecruitingandusingboysandgirlsinwarandtheconsequencesofthesepractices

• tounderstandtheneedforaminimumagefortherecruitmentanduseofchildreninwar• tolearnthatbothIHLandhumanrightslawprohibittherecruitmentanduseofchildrenunder15inarmedconflictandthatmanycountrieshaveformallyacceptedanewlawthatraisesthisagelimitto18years

2C TEACHER

RESOURCES

2C.1 Childsoldiersandinternationallaw

STUDENT2C RESOURCES

2C.2 Photocollage2C(seeseparatesheet)2C.3 Graph:Whatshouldbetheminimumage

forcombatants?2C.4 Whatdoesinternationallawsay?

2C.5 Videoandtranscript:I don’t want to go back(8’40) DVD

2C.6 Map:Childsoldiersaroundtheworld2C.7 Voicesofchildsoldiers

PREPARATION

In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 6 (Using stories, photos and videos), 9 (Small groups) and 10 (Gathering stories and news) and workshop 6 (“Viewing videos: Focus on child soldiers”).

If possible, view the relevant chapters of the teacher video (Viewing videos: Preparation and discussion and Student presentations: “If you could speak to the world”).

TIME

Three 45-minute sessions

2cExploration 2C: Focus on child soldiers

35Exploring Humanitarian LawExPLORATION 2C: FOCUS ON CHILD SOLDIERSEHL

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t1. CHILDREN AND THEIR NEEDS (10 minutes)Begin with a discussion about children and their particular needs.

Possible questions:

> What is a ‘child’?> At what age can a young person no longer be called a ‘child’? (What is a teenager? An adult?)> What are the basic needs of children?> What can happen if these needs are not met?

2. THINK ABOUT A MINIMUM AGE (25 minutes)

Present “Photo collage 2C,” of child soldiers from around the world. Have each student or group choose one photo and explain why they chose it.

STUDENT2C.2 RESOURCES

Possible questions:

> What are your reactions?> How old are the children in these photos?

Divide the class into small groups, and have each group discuss the following questions and reach an agreement on the minimum age for the recruitment and use of children by armed forces or groups:

> Should there be a minimum age before someone may be recruited or used by an armed force or armed group?

> What should this be? Why?

NOTE

In the EHL programme, ‘child soldier’ means a child who has been recruited or used by an armed force or armed group in any capacity. This includes children who have been used as fighters, cooks, porters, messengers, spies, or for sexual purposes. It does not refer only to children who take a direct part in fighting.

Have all groups report and explain how they reached their decisions. Present the graph “What should be the minimum age for combatants?”.


Possible questions:

> Should international law stipulate the age before which children may not be recruited or used by armed forces or groups? Why?

3. WHAT DOES INTERNATIONAL LAW SAY? (20 minutes)

Present “What does international law say?”.2C.1

TEACHER RESOURCES


After they have learned about the definition of ‘child’ as provided by international law, have students review their ideas on the subject.

Then ask them to compare their conclusions on the minimum age for recruiting or using children in armed conflict and the age set by international law.

The exploration2c

Children are (...) sacred for all, regardless of nationality and religion. Protecting children is a duty. – Dr. Adnan Houbballah, Le virus de la violence, 1996


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The exploration

Possible question:

> Are you surprised by these rules? Why or why not?

Ask students how they think children might be used in armed conflict. Have them give examples. [For example: as combatants, cooks, porters, messengers, spies or for sexual purposes]

Explain that the protections provided by international law cover the recruitment and use of children in armed conflict.

Then have students brainstorm about how to enforce the law with regard to child soldiers.

Possible questions:

> How do you think governments and armed groups could make sure that the rules on child soldiers are followed?

> Why do you think respecting and ensuring respect for the law on child soldiers can be particularly difficult?

4. WHY DO CHILDREN BECOME COMBATANTS? (15 minutes)Point out that, despite the rules on the recruitment and use of children in armed forces and groups, this practice continues in many parts of the world.

Discuss:

> Since international law prohibits the recruitment and use of children in armed conflict, why is it that children become combatants?

Possible questions:

> In your opinion, why do armed forces or groups want to use children in armed conflict?> Why would a young person join an armed force or group?

Sample responses follow.

Why commanders want them:

• they don’t ask questions; they follow orders • they can be easily controlled• they can be made martyrs• need for fighters • they are not fully aware of the risks

Why young people might join:

• revenge, anger• no parental/family support • self-protection• poverty, means of survival• their societies value warfare, heroism, martyrdom• peer pressure

[Over 2 million adolescents are estimated to have served in World War II as soldiers. In the face of huge losses in manpower, German boys became soldiers.]

When the German army was retreating in the face of the Allied advance in 1944, as a leader in the Hitler Youth, I was told I had been put in charge of several fighting units made up of 600 - 800 adolescents. I was to replace a veteran of World War I who had been moved to help set up defences on the Rhine. ‘That’s impossible,’ I responded, ‘I’m not quite 17.’

– a German child soldier

2C


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2C5. CONSEQUENCES OF THE USE OF CHILD SOLDIERS (50 minutes)

Introduce and view the video I don’t want to go back, in which students will meet two former child soldiers (a boy and a girl) and a commander. Plan to show the video twice.


After the first viewing, ask students for their initial thoughts and feelings.

Possible questions:

> What are your reactions?> What led Comfort to want to become a child soldier? What additional risks do girl

child soldiers face?> How old is Abraham? When did he become a child soldier?> How did he become a child soldier? (child’s view and commander’s view)

To help students with the discussion and as preparation for the second viewing, distribute copies of the transcript. Have them reflect on the initial remarks made by Comfort and Abraham.

Use the transcript and students’ memory of I don’t want to go back to discuss the views expressed by Abraham’s commander.

Possible questions:

> What do you learn about the situation for children in war from the commander’s remarks?

> Why are child soldiers likely to behave differently from adult soldiers?

Have students study the last part of the transcript in order to discuss what they can learn from the feelings expressed by Abraham.

Possible questions:

> What were this child soldier’s experiences and what were their consequences for him?

> What does Todorov’s statement mean?

Show the video a second time. Then encourage students to express any new insights or reactions they may have.

Have students write down answers to the following questions. Then conduct a discussion based on their views.

> What are the consequences of children taking part in war? For the child? For the family? For society?

> In the video, whose human dignity was affected? How?

There are children who join for so-called voluntary reasons. But I think one has to be very careful to recognize that there is truly no voluntary joining, in the sense that the vast majority of children who join willingly do so out of necessity or victimization, fear for their security. Unaccompanied children who have no parents to protect them, people who are fearful that they will die of hunger or who have inadequate health care, all may seek military activity.– Dr Mike Wessells, professor of psychology and author of Child Soldiers: From Violence to Protection

The exploration


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2C6. THE GLOBAL USE OF CHILD SOLDIERS (15 minutes)Begin by asking students what they know about the use of child soldiers in different contexts around the world.

Possible question:

> What countries do you know of in which child soldiers have been used?

Present the map “Child soldiers around the world.” STUDENT2C.6 RESOURCES

Possible questions:

> What conclusion(s) do you draw from this map?> What can you say about the use of child soldiers in your part of the world? [For example, that child soldiers are being used in many countries, on four continents, in

both the Northern and Southern hemispheres, and not just in ‘developing countries’]

! KEY IDEAS

• Children must be protected in armed conflicts.• One form of protection is setting and respecting a minimum age for recruiting

children into armed forces or groups or using them in armed conflict.• Under IHL and human rights law, a person under the age of 15 may not be

recruited by armed forces or groups or used for any purpose in armed conflict. • A more recent law raises this minimum age to 18 years.

The exploration


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2CExtension activities

CHILDREN AND GANGS The term ‘child soldiers’ refers to children who have been recruited or used by armed forces or groups, whether government armies, guerrilla groups or militias. The term does not refer to children or youths who are involved in street gangs.

Research and discussion topics:

Gang violence and the involvement of children:

• To what extent is gang violence a problem in your area?• Are children involved in armed gangs? How old are the children who are involved?

Recruitment of children:

• Why do you think children may be involved in gangs?• Do you think they have volunteered or have they been forced to join?• Do you see any similarities between the recruitment of children into armed forces

or groups and into gangs?

Consequences and ripple effects (immediate and long-term):

• for children who are members of a gang;• for other children who are not directly involved;• for the community.

Humanitarian acts:

• Do you know of stories that show an example of humanitarian behaviour related to situations of gang violence?

STORIES OF CHILD SOLDIERS FROM AROUND THE WORLD

Read the stories of Zaw Tun, Myo Win, ‘Susan,’ Renuka and Malar in “Voices of child soldiers.”


Discuss a story in a small group, and then present it to the class, with the help of written notes, drawings or a dramatization that uses ‘freeze frames’ to depict significant moments.

After the presentations, discuss the following questions:

> What did the child experience? > What do you think the effect on the child’s community would be?> How did becoming a soldier affect these children’s lives and their future?


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Extension activities2C

SURVEY

Refer to the graph showing the views of people in 16 countries on the minimum age for combatants.


Prepare and conduct your own local survey on the question and compare the results with those shown in the graph.

HISTORICAL RESEARCHWhat is childhood? – Examine the past to discover how the definition of ‘child’ has changed over time and present your conclusions. Use the following questions to guide you in your research.

> In what ways were children treated differently from adults?> What was considered the age of adulthood?> What were the criteria that defined an adult? Was it the same for boys and girls?

OR

History of child recruitment – Research the use of child soldiers in the past, and examine recruitment practices.

> What social, cultural, ideological and economic factors come into play?

Note that in the rare cases that have captured public attention, child soldiers have become great symbolic figures. For example: Joan of Arc or the young David of biblical fame.

CURRENT EVENTS/ YOUTH ACTIONResearch the issue of child soldiers today. Identify what is being done in the world and in your country to halt the use of child soldiers. [For example: demobilization of child soldiers, efforts to reintegrate them into communities, education]

Helpful starting points on the Internet include the websites of the International Committee of the Red Cross (ICRC), United Nations Children’s Fund (UNICEF), the Coalition to Stop the Use of Child Soldiers and Human Rights Watch.

Represent the issue of child soldiers through drawing, painting, music or drama.

Research what needs to be done to make sure the law is respected.


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TEACHERRESOURCE2C.1

T.2C Child soldiers and international law

Both human rights law and international humanitarian law (IHL) extend protections to children affected by armed conflict. While protections under human rights law are provided within the general framework of children’s fundamental rights, IHL addresses the specific needs of children in situations of armed conflict.

Both bodies of law contain rules regarding the participation of children in armed conflict. As child soldiers, their involvement may range from helping combatants (carrying weapons, conducting reconnaissance missions, delivering messages, etc.) to actually fighting.

The two Additional Protocols to the Geneva Conventions (Additional Protocol I and Additional Protocol II) of 1977, were the first international treaties to address these issues. Additional Protocol I, which provides rules for international armed conflict, requires governments to take all possible measures to prevent children under 15 from taking direct part in fighting. It expressly prohibits their recruitment into the armed forces and encourages governments, when recruiting children between the ages of 15 and 18, to give priority to the oldest. Additional Protocol II, which provides rules for non-international armed conflict, goes even further. It prohibits not only the recruitment of children under 15 but also their actual participation in fighting.

Human rights law subsequently addressed the issue in the 1989 UN Convention on the Rights of the Child (CRC), again using 15 as the minimum age. In fact, this law mirrors the rules of IHL that are applicable in international armed conflict. Thus, like Additional Protocol I, it obliges governments to take all possible measures to prevent children under 15 from taking direct part in fighting and prohibits their recruitment. It also encourages governments to give priority in recruitment to the oldest when choosing from among those aged between 15 and 18. From the very

beginning, these sections of CRC drew considerable criticism. For one thing, they are the only part of the CRC that depart from the general definition of a ‘child’ as anyone under 18, in spite of the fact that they deal with one of the most dangerous situations that children can be exposed to – armed conflict. Moreover, these sections added nothing new and even risked distracting attention from the stronger standard contained in Additional Protocol II, which provides absolute and more comprehensive prohibitions in non-international armed conflicts.

In light of the criticisms, and in keeping with the international community’s growing awareness of and concern for the plight of children affected by armed conflict, an initiative to raise the minimum age for recruitment and participation to 18 years was taken only a few years after the CRC entered into force.

After more than 10 years of international effort, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict entered into force in 2002. Under the Optional Protocol, governments must take all possible measures to ensure that members of their armed forces below the age of 18 years do not take a direct part in fighting. The Optional Protocol also raises the minimum age for compulsory recruitment into armed forces to 18 years, and requires governments to increase the minimum age for voluntary enlistment from 15 years as well. In addition, under the Optional Protocol, non-State armed groups should not, under any circumstances, recruit or use in fighting persons under the age of 18.

Raising the age limit from 15 to 18 for participation in armed conflict represents a strengthening of the protection previously provided by IHL. It reinforces the world’s desire to shield all children from the horrors of armed conflict, and, particularly, to prevent them from taking part in fighting.


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0 10

20

30

40

50

60

70

80

90

10

0

Und

er 1

5

15 to

17

18 to

21

Ove

r 21

1%

6%

53%

35%

STUDENTRESOURCE2C.3

S.2c

In 1

998–

1999

, a su

rvey

ent

itled

Peo

ple

on W

ar w

as c

ondu

cted

by

the

Inte

rnat

iona

l Com

mitt

ee o

f the

Red

Cro

ss in

16

coun

trie

s (12

of

whi

ch h

ad re

cent

ly e

xper

ienc

ed a

rmed

con

flict

). Th

is g

raph

show

s the

vie

ws o

f the

resp

onde

nts.

Wha

t sho

uld

be th

e m

inim

um a

ge fo

r com

bata

nts?


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STUDENTRESOURCE2C.4

Hum

an ri

ghts

law

defi

nes

a ‘ch

ild’

as a

nyon

e w

ho is

you

nger

than

18,

un

less

adu

lthoo

d is

reac

hed

earli

er

unde

r nat

iona

l law

.

Both

hum

an ri

ghts

law

and

in

tern

atio

nal h

uman

itaria

n la

w (I

HL)

ha

ve ta

ken

up th

e iss

ue o

f chi

ldre

n’s

invo

lvem

ent i

n ar

med

con

flict

. H

uman

righ

ts la

w h

as in

clud

ed

rela

ted

prot

ectio

ns w

ithin

chi

ldre

n’s

fund

amen

tal r

ight

s in

gene

ral, w

hile

IH

L ha

s dev

elop

ed sp

ecia

l rul

es th

at

appl

y to

chi

ldre

n ca

ught

in si

tuat

ions

of

arm

ed c

onfli

ct. A

s in

othe

r are

as, t

he

two

bodi

es o

f law

are

com

plem

enta

ry

and

mut

ually

rein

forc

ing.

The

mos

t wid

ely

acce

pted

rule

s re

quire

gov

ernm

ents

and

arm

ed

grou

ps to

ens

ure

that

chi

ldre

n be

low

the

age

of 1

5 do

not

take

pa

rt in

figh

ting.

Thi

s al

so m

eans

that

ch

ildre

n m

ay n

ot b

e re

crui

ted

into

ar

med

forc

es o

r gro

ups

until

they

ar

e at

leas

t 15

year

s ol

d. In

add

ition

, w

hen

they

are

recr

uitin

g 15

-18-

year

-ol

ds, g

over

nmen

ts a

re re

quire

d to

gi

ve p

riorit

y to

old

er c

hild

ren.

Som

e go

vern

men

ts h

ave

gone

one

st

ep fu

rthe

r by

agre

eing

that

no

one

belo

w th

e ag

e of

18

year

s m

ay b

e la

wfu

lly re

crui

ted

or u

sed

in a

ny w

ay

by a

rmed

forc

es o

r gro

ups.

Sour

ce: P

arap

hras

ed fr

om A

rtic

le 7

7 of

Pro

toco

l I a

dditi

onal

to th

e G

enev

a Co

nven

tions

, Art

icle

4 o

f Pr

otoc

ol II

add

ition

al to

the

Gen

eva

Conv

entio

ns, A

rtic

le 3

8 of

the

Conv

entio

n on

the

Righ

ts o

f the

Chi

ld

and

Art

icle

s 3

and

4 of

the

Opt

iona

l Pro

toco

l to

the

Conv

entio

n on

the

Righ

ts o

f the

Chi

ld.

Wha

t doe

s in

tern

atio

nal l

aw s

ay?

S.2c


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STUDENTRESOURCE (1/2)2C.5

Video transcriptN

arra

tor:

Toda

y, m

ore

than

250

,000

ch

ildre

n pa

rtic

ipat

e in

arm

ed co

nflic

ts

on fo

ur co

ntin

ents

. The

se b

oys a

nd g

irls,

som

e as

youn

g as

seve

n, se

rve

alon

gsid

e ad

ults

in g

over

nmen

t for

ces,

rebe

l op

posit

ion

grou

ps a

nd g

uerr

illa

arm

ies.

Com

fort

Cas

sell,

form

er c

hild

sold

ier

They

kill

ed m

y br

othe

r, m

y gr

andm

othe

r an

d m

y lit

tle si

ster

. Tha

t mad

e m

e do

w

hat I

was

not

supp

osed

to d

o –

it m

ay

happ

en to

you.

If yo

u he

ar p

eopl

e sa

y,

‘The

y ki

lled

your

mot

her.

They

kill

ed

your

fath

er,’ y

ou w

ant t

o re

veng

e th

em

– to

get

your

mot

her b

ack

– bu

t it w

ill

neve

r hap

pen.

I lov

ed m

y gr

andm

othe

r. Sh

e us

ed to

take

care

of m

e an

d al

so m

y br

othe

r. Th

at’s

why

I did

that

. But

it w

as

not m

y in

tent

ion

to d

o w

hat I

was

not

su

ppos

ed to

do.

I wan

t to

free

mys

elf.

I w

ant m

y co

nsci

ence

to b

e cl

ear.

I wan

t to

hav

e lit

tle ch

ildre

n. I w

ill n

ever

do

agai

n w

hat I

’m n

ot su

ppos

ed to

do.

No.

Abr

aham

Abr

aham

: My

nam

e is

Hitl

er K

iller

, but

m

y re

al n

ame

is A

brah

am.

Inte

rvie

wer

: Why

is y

our n

ame

Hitl

er

Kille

r?A

brah

am: I

t’s m

y fig

htin

g na

me,

a

nam

e th

ey g

ave

me

in th

e bu

sh.

Inte

rvie

wer

: Who

gav

e it

to y

ou?

Abr

aham

: My

boss

man

.In

terv

iew

er: W

ho is

Hitl

er?

Abr

aham

: I d

on’t

know

.

Abr

aham

: You

kno

w, I

wen

t the

re

beca

use

they

kill

ed m

y fa

ther

. I w

ent

ther

e to

join

bec

ause

my

frien

ds w

ere

goin

g to

o. S

o I w

ent t

here

with

my

frien

ds to

join

them

.In

terv

iew

er: B

ecau

se y

ou w

ante

d to

fin

d th

e m

an w

ho k

illed

you

r fat

her?

Abr

aham

: Yes

.In

terv

iew

er: D

o yo

u kn

ow h

im?

Abr

aham

: Yes

.In

terv

iew

er: S

o w

hat d

id y

ou d

o?

Abr

aham

: I sa

w h

im a

nd h

e ca

me

to

fight

me

and

I kill

ed h

im. A

nd I w

ent i

n th

e bu

sh, a

nd I j

oine

d th

e pe

ople

, and

fo

ught

for t

hem

. So

they

saw

wha

t I

did,

they

gav

e m

e a

gun.

Inte

rvie

wer

: You

hav

e se

en m

any

peop

le k

illed

?A

brah

am: Y

es.

Inte

rvie

wer

: How

man

y?A

brah

am: M

any

peop

le. P

lent

y,

plen

ty o

f peo

ple.

Peo

ple

who

wer

e no

t fig

htin

g, p

eopl

e w

ho w

ere

not r

ebel

s –

the

rebe

l bos

s kill

ed th

em.

Inte

rvie

wer

: Hav

e yo

u ki

lled

peop

le

your

self?

Abr

aham

: Yea

h.In

terv

iew

er: M

any?

Abr

aham

: Yea

h.In

terv

iew

er: H

ow m

any?

Abr

aham

: Ten

peo

ple.

Inte

rvie

wer

: How

?A

brah

am: T

hey

cam

e to

att

ack

me,

so

I fou

ght t

hem

. The

y w

ere

com

ing

to

kill

me.

Inte

rvie

wer

: And

how

did

you

do

this

?Ab

raha

m: T

hey w

ere c

omin

g w

ith

wea

pons

, I ad

vanc

ed. W

hen

all o

f the

m

cam

e and

Wol

f fire

d, th

en w

e sho

t him

. I w

ante

d to

be a

sold

ier b

ecau

se th

ey k

illed

m

y fat

her.

So I w

ent t

here

to b

e a so

ldie

r.

I don

’t w

ant t

o go

bac

k

ICRC

ICRC

S.2c


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Colo

nel M

othe

r Ble

ssin

gM

y na

me

is C

olon

el A

bu B

akar

Ca

mar

ra, c

omm

only

calle

d Co

lone

l M

othe

r Ble

ssin

g. I h

ave

978

men

und

er

my

com

man

d. A

nd I h

ave

176

of

Hitl

er th

e Ki

ller.

Som

e ar

e 9,

10,

11,

the

high

est i

s 12.

The

y go

on

the

adva

nce

team

. The

y ar

e at

the

fore

front

of

the

war

. The

sold

iers

who

are

abo

ve

20, w

hen

I tel

l the

m to

do

cert

ain

oper

atio

ns, t

hey

will

alw

ays b

e af

raid

. Bu

t, lik

e H

itler

the

Kille

r, th

e sm

all

sold

iers

, the

y ar

e no

t afra

id. I

trus

t th

em a

nd th

ey a

re m

y be

st b

ecau

se

they

exe

cute

any

ord

er I g

ive

them

. W

hen

I say

, ‘Hitl

er th

e Ki

ller,

get t

hat

man

,’ it m

eans

they

will

get

you

. Whe

n I

say,

‘OK,

that

man

shou

ld b

e ex

ecut

ed,’

for s

ure

they

will

do

that

. So

I hav

e th

e tr

ust a

nd co

nfide

nce

in th

em.

Abr

aham

Abr

aham

: It w

as a

ll rig

ht. T

here

was

no

war

. The

n th

e w

ar ca

me.

We

lost

, m

y fa

ther

die

d. A

nd m

y si

ster

and

my

mot

her w

ent a

way

. So

I wen

t by

mys

elf.

Inte

rvie

wer

: Wha

t did

you

do

with

yo

ur fa

mily

bef

ore?

Abr

aham

: I w

as st

ayin

g w

ith th

em. I

w

as g

oing

to th

e sc

hool

.In

terv

iew

er: W

hat d

o yo

u w

ant t

o

do n

ow?

Abr

aham

: I’d

like

to g

o to

scho

ol –

to

beco

me

som

ebod

y offi

cial

.In

terv

iew

er: W

hat d

o yo

u w

ant t

o be

w

hen

you

are

a bi

g m

an?

Abra

ham

: I w

ant t

o be

wor

king

, in

an

offi

ce.

Inte

rvie

wer

: Do

you

mis

s the

figh

ting?

W

ould

you

like

to g

o ba

ck?

Abr

aham

: No,

I don

’t w

ant t

o go

ba

ck th

ere.

Inte

rvie

wer

: Whe

n yo

ur C

olon

el, A

bu

Baka

r, te

lls y

ou to

go

back

with

him

to

fight

, you

hav

e to

.A

brah

am: Y

eah,

I hav

e to

go

in. B

ut

if he

tells

me

to g

o, I w

ill n

ot d

o it.

Be

caus

e I d

on’t

wan

t to

go b

ack

ther

e.In

terv

iew

er: B

ut h

e sa

ys if

you

don

’t ob

ey h

is o

rder

, he

will

exe

cute

you

.A

brah

am: I

f he

tells

me

to g

o an

d I s

ay

no, h

e ca

n’t d

o an

ythi

ng to

me

beca

use

we

are

not i

n th

e bu

sh –

and

if h

e do

es

som

ethi

ng, y

ou w

ill ca

tch

him

.In

terv

iew

er: S

o w

hat w

ill y

ou d

o?A

brah

am: N

othi

ng –

I don

’t kn

ow.

For e

vil t

o ta

ke p

lace

, the

ac

ts o

f a fe

w p

eopl

e ar

e no

t suffi

cien

t; th

e gr

eat

maj

ority

als

o ha

s to

rem

ain

indi

ffere

nt. T

hat i

s so

met

hing

of w

hich

we

are

all q

uite

capa

ble.

– Tz

veta

n To

doro

v,

Fran

co-B

ulga

rian

liter

ary

theo

rist

I don

’t w

ant t

o go

bac

k

STUDENTRESOURCE (2/2)2C.5

ICRC

ICRC

S.2cVideo transcript


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YEM

EN

UGAN

DA

SUDA

N

SRI L

ANKA

SOM

ALIA

SIERR

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RUSS

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RATIO

N

PHILI

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NEPA

L

LIBER

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PALE

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OCCU

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IRAQ

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INDO

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OF TH

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Child

sol

dier

s* aro

und

the

wor

ldCo

untr

ies/

terr

itor

ies

conc

erne

d

* "T

he

Co

alit

ion

to

Sto

p t

he

Use

of C

hild

So

ldie

rs c

on

sid

ers

as a

ch

ild s

old

ier a

ny p

erso

n u

nd

er t

he

age

of 1

8 w

ho

is a

mem

ber

of o

r att

ach

ed

t

o g

ove

rnm

ent

arm

ed fo

rces

or a

ny

oth

er re

gu

lar o

r irr

egu

lar a

rmed

forc

e o

r arm

ed p

olit

ical

gro

up

, wh

eth

er o

r no

t an

arm

ed c

on

flict

exi

sts.

"

Sou

rce:

Chi

ld S

oldi

ers

Glo

bal R

epor

t 200

4 o

f th

e C

oal

itio

n t

o S

top

th

e U

se o

f Ch

ild S

old

iers

This

map

an

d t

he

dat

a in

clu

ded

are

for i

nfo

rmat

ion

pu

rpo

ses

on

ly a

nd

hav

e n

o p

olit

ical

sig

nifi

can

ce.

STUDENTRESOURCE2C.6

Chi

ld s

oldi

ers*

aro

und

the

wor

ld –

cou

ntrie

s/te

rrito

ries

conc

erne

d

Sour

ce: C

hild

Sol

dier

s Glo

bal R

epor

t 200

4 of

the

Coal

ition

to S

top

the

Use

of C

hild

Sol

dier

s. Th

is m

ap a

nd th

e da

ta in

clud

ed a

re fo

r inf

orm

atio

n pu

rpos

es o

nly

and

have

no

polit

ical

sign

ifica

nce.

* “Th

e Co

aliti

on to

Sto

p th

e U

se o

f Chi

ld S

oldi

ers c

onsid

ers a

s a c

hild

sold

ier a

ny p

erso

n un

der t

he a

ge o

f 18

who

is

a m

embe

r of o

r att

ache

d to

gov

ernm

ent a

rmed

forc

es o

r any

oth

er re

gula

r or i

rreg

ular

arm

ed fo

rce

or a

rmed

po

litic

al g

roup

, whe

ther

or n

ot a

n ar

med

con

flict

exi

sts.”

S.2c


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ule

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STUDENTRESOURCE2C.7

Mal

ar’s

stor

yM

y fa

ther

die

d of

a h

eart

att

ack

whe

n I

was

thre

e an

d m

y m

othe

r got

sick

whe

n I w

as si

x an

d sh

e ne

ver c

ame

hom

e fro

m th

e ho

spita

l; so

I liv

ed w

ith m

y un

cle.

Whe

n I w

as e

ight

, a w

oman

from

th

e re

bel g

roup

cam

e an

d to

ld m

e th

ey

wou

ld e

duca

te m

e an

d ca

re fo

r me.

I tho

ught

it w

as b

ette

r to

go w

ith h

er

beca

use

of o

ur p

over

ty. I

als

o w

ante

d to

cont

ribut

e to

free

dom

.

Whe

n I w

as 1

2, I v

olun

teer

ed to

go

to

war

. I w

ante

d to

save

the

coun

try.

Last

mon

th th

e go

vern

men

t sol

dier

s th

rew

a g

rena

de in

our

bun

ker.

All t

en o

f th

e gi

rls w

ith m

e th

ere

died

. The

sold

iers

fin

ished

them

off.

Now

I am

her

e in

jail,

bu

t I w

ill fi

ght a

gain

bec

ause

of t

he

arm

y’s a

ttac

ks o

n ou

r peo

ple.

Sour

ce: C

elia

W. D

ugge

r, Re

bels

with

out a

ch

ildho

od in

Sri

Lank

a W

ar, N

ew Y

ork

Tim

es,

11 S

epte

mbe

r 200

0.

Zaw

Tun

’s st

ory

I was

recr

uite

d by

forc

e, a

gain

st m

y w

ill.

One

eve

ning

whi

le w

e w

ere

wat

chin

g a

vide

o sh

ow in

my

villa

ge, t

hree

arm

y se

rgea

nts c

ame.

The

y ch

ecke

d w

heth

er

we

had

iden

tifica

tion

card

s and

ask

ed

if w

e w

ante

d to

join

the

arm

y. W

e ex

plai

ned

that

we

wer

e un

der a

ge a

nd

hadn

’t go

t ide

ntifi

catio

n ca

rds.

But o

ne

of m

y fri

ends

said

he

wan

ted

to jo

in.

I sai

d no

and

cam

e ba

ck h

ome

that

ev

enin

g, b

ut a

n ar

my

recr

uitm

ent u

nit

arriv

ed n

ext m

orni

ng a

t my

villa

ge a

nd

dem

ande

d tw

o ne

w re

crui

ts. T

hose

w

ho co

uld

not p

ay (.

..) h

ad to

join

the

arm

y, th

ey sa

id. I

[his

fam

ily] c

ould

no

t pay

, so

alto

geth

er 1

9 of

us w

ere

recr

uite

d in

that

way

and

sent

to (.

..) a

n ar

my

trai

ning

cent

re.

Sour

ce: C

hild

ren

of C

onfli

ct (h

ttp:

//w

ww

.bbc

.co.

uk/

wor

ldse

rvic

e/pe

ople

/fea

ture

s/ch

ildre

nsrig

hts/

child

reno

fcon

flict

/sol

dtxt

.sht

ml#

02).

Myo

Win

’s st

ory

We

wer

e dr

ugge

d an

d or

dere

d to

mov

e fo

rwar

d on

the

batt

lefie

ld. W

e di

d no

t kn

ow w

hat s

ort o

f dru

g or

alc

ohol

we

wer

e gi

ven

but w

e dr

ank

it be

caus

e w

e w

ere

very

tire

d, v

ery

thirs

ty a

nd h

ungr

y.W

e ha

d w

alke

d fo

r tw

o w

hole

day

s un

der v

ery

hot b

urni

ng su

n. T

he h

ill

[bat

tlefie

ld] h

ad n

o sh

ade,

tree

s

wer

e bu

rnt a

nd a

rtill

ery

shel

ls w

ere

expl

odin

g ev

eryw

here

. We

wer

e so

sc

ared

, ver

y th

irsty

, and

som

e of

us

colla

psed

due

to o

ver-

tired

ness

. But

w

e w

ere

beat

en fr

om b

ehin

d [b

y th

e offi

cers

] and

had

to m

ove

forw

ard.

O

ne [o

f us]

got

kill

ed.

Sour

ce: C

hild

ren

of C

onfli

ct (h

ttp:

//w

ww

.bbc

.co.

uk/

wor

ldse

rvic

e/pe

ople

/fea

ture

s/ch

ildre

nsrig

hts

child

reno

fcon

flict

/sol

dtxt

.sht

ml#

02).

Susa

n’s

stor

y

[‘Sus

an’ is

not

her

real

nam

e]O

ne w

eek

afte

r I w

as a

bduc

ted,

[139

girl

s w

ere

take

n on

e ni

ght f

rom

her

scho

ol] I

w

as g

iven

to a

man

. (...

) He

was

30

year

s ol

d. Tw

o gi

rls w

ere

give

n to

him

. He

was

tr

ying

to b

e ni

ce to

me,

to m

ake

me

feel

ha

ppy a

nd n

ot w

ant t

o ru

n aw

ay, b

ut a

ll I w

ante

d to

do

was

go

hom

e.

One

boy

trie

d to

esc

ape,

but

he

was

ca

ught

. The

y mad

e hi

m e

at a

mou

thfu

l of

red

pepp

er, a

nd fi

ve p

eopl

e w

ere

beat

ing

him

. His

hand

s wer

e tie

d, a

nd

then

they

mad

e us

, the

oth

er n

ew

capt

ives

, kill

him

with

a st

ick.

I fel

t sic

k. I

knew

this

boy f

rom

bef

ore.

We

wer

e fro

m

the

sam

e vi

llage

. I re

fuse

d to

kill

him

and

th

ey to

ld m

e th

ey w

ould

shoo

t me.

The

y po

inte

d a

gun

at m

e, so

I had

to d

o it.

Th

e bo

y was

ask

ing

me,

‘Why

are

you

doin

g th

is?’ I

said

I had

no

choi

ce. (

...)

I fee

l so

bad

abou

t the

thin

gs th

at I d

id.

(...)

It di

stur

bs m

e so

muc

h th

at I i

nflic

ted

deat

h on

oth

er p

eopl

e. (.

..) I s

till d

ream

ab

out t

he b

oy fr

om m

y vill

age

who

I ki

lled.

I see

him

in m

y dre

ams,

and

he is

ta

lkin

g to

me

and

sayi

ng I k

illed

him

for

noth

ing,

and

I am

cryi

ng.

Sour

ce: T

he S

cars

of D

eath

– C

hild

ren

abdu

cted

by

the

Lord

’s Re

sist

ance

Arm

y in

Uga

nda,

Hum

an

Righ

ts W

atch

, 199

7.

Renu

ka’s

stor

yTh

e reb

els c

ame t

o ou

r sch

ool e

very

m

onth

and

talk

ed to

us.

They

said

it

was

our

dut

y to

join

them

and

hel

p sa

ve

our p

eopl

e fro

m th

e gov

ernm

ent a

rmy.

Beca

use w

e are

so p

oor, m

y fam

ily o

ften

had

little

to ea

t. O

ne d

ay, w

hen

I was

11,

I w

as so

hun

gry t

hat I

left

hom

e with

out

tellin

g m

y par

ents

and

wen

t to

thei

r cam

p.

I was

wel

l fed

; but

I cou

ld n

ot g

o to

visit

my

fam

ily u

ntil I

foug

ht o

n th

e fro

nt lin

es.

Afte

r tw

o ye

ars,

I was

ass

igne

d to

an

all-

fem

ale

fight

ing

grou

p to

go

into

bat

tle.

Und

er th

e as

saul

t of t

he g

over

nmen

t ar

my,

eve

ryon

e in

my

grou

p w

as k

illed

ex

cept

me.

I was

supp

osed

to sw

allo

w

my

cyan

ide

pill

if I c

ould

not

avo

id

bein

g ca

ptur

ed, b

ut I d

idn’

t wan

t to

die.

Sour

ce: C

elia

W. D

ugge

r, Re

bels

with

out a

ch

ildho

od in

Sri

Lank

a W

ar, N

ew Y

ork

Tim

es,

11 S

epte

mbe

r 200

0.

Voic

es o

f chi

ld s

oldi

ers

S.2c

http://www.bbc.co.uk/worldservice/people/features/childrensrights/childrenofconflict/soldtxt.shtml#02













http://www.bbc.co.uk/worldservice/people/features/childrensrightschildrenofconflict/soldtxt.shtml#02













Exploring Humanitarian LawExPLORATION 2D: FOCUS ON WEAPONSEHL 48

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tExploration 2A introduced students to the rules of war, and Exploration 2B provided examples of precursors to those rules of international humanitarian law (IHL). Exploration 2D, like Exploration 2C, focuses on one particular area to which those rules apply.

In Exploration 2D, students explore why there are limits on certain types of weapons that can be used in warfare. They examine some IHL rules that apply to all weapons and others that have been designed for specific weapons.

In Exploration 2E, students will learn about how the widespread availability of weapons facilitates their use in violation of IHL.

OBJECTIVES• toexplorewhatindiscriminateweaponsandweaponscausingunnecessarysufferingareandtostudysomeexamples

• tounderstandwhytherearerestrictionsontheuseofcertainweaponsinwar• tolookatsomespecificIHLrulesonweapons• toseehowpublicopinionmaycontributetodevelopingIHL

2D TEACHER

RESOURCES

2D.1 WeaponsandIHL

STUDENT2D RESOURCES

2D.2 Photo:Afterthebombwasdropped2D.3 Voicesaboutweapons

2D.4 Videoandtranscript:Landmines keep killing(9’) DVD

2D.5 Explosiveremnantsofwar2D.6 Alookattheconsequences2D.7 Map:Landminesandexplosiveremnants

ofwararoundtheworld2D.8 IHLrulesontwoweapons2D.9 Howwegotatreaty2D.10 IHLrulesoncertainotherweapons2D.11 Takingaction:Someexamples

PREPARATION

Choose which set of rules (from “IHL rules on two weapons”) to use in step 6.

Plan how to work through the exploration in light of available class time. Assign all preparatory reading and writing for homework (the reading and writing in step 3 and the reading in step 7).

In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 6 (Using stories, photos and videos), 7 (Writing and reflecting), 8 (Interviewing) and 9 (Small groups) as well as the material on teaching about consequences and ripple effects in teaching method 4 (Using dilemmas).

TIME

Two 45-minute sessions (longer if all work is done during class sessions)

2dExploration 2D: Focus on weapons

49Exploring Humanitarian LawExPLORATION 2D: FOCUS ON WEAPONSEHL

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t1. IDEAS A PHOTO RAISES (5 minutes)

Have students examine the photo “After the bomb was dropped” and talk about their reactions.

STUDENT2D.2 RESOURCES

Possible question:

> What kinds of weapons could have caused such destruction? ...the only legitimate object which States should endeavour to accomplish during war is to weaken the military forces of the enemy...– Preamble, St Petersburg Declaration, 1868

2. INDISCRIMINATE WEAPONS AND WEAPONS THAT CAUSE UNNECESSARY SUFFERING (15 minutes)Remind students that IHL prohibits ‘indiscriminate’ weapons and weapons that cause ‘unnecessary suffering’ (See “What are the basic rules of international humanitarian law?”: Distinction 4, Weapons and Tactics 1).

Get a sense of students’ awareness of these terms.

Possible questions:

> What could make a weapon cause ‘unnecessary suffering’? > What does ‘indiscriminate’ mean? > What is the difference between missing a target and using a weapon that is unable

to distinguish between civilians and military targets?> Does it matter if a weapon cannot be directed at a specific target?

Have students brainstorm a list of specific weapons that might be considered as examples of indiscriminate weapons and of weapons that cause unnecessary suffering.

‘Indiscriminate’ weapons are those that are incapable of distinguishing between civilians and military targets because either they cannot be directed at a specific military objective, or their effects cannot be contained

Then ask some students to read aloud the accounts in “Voices about weapons.” STUDENT2D.3 RESOURCES

Have the class add the weapons described in these narratives to their list.

[Possible examples of indiscriminate weapons: nuclear weapons, biological weapons, anti-personnel mines]

[Possible examples of weapons that cause unnecessary suffering: chemical weapons, biological weapons, blinding laser weapons, exploding bullets]

Discuss the list. Point out that it is not always easy to differentiate between these two categories of weapons.

Weapons causing ‘unnecessary suffering’ are those that cause excessive suffering to combatants (e.g. more than is required to make them stop fighting)

The exploration

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The exploration

3. EXAMPLES OF WEAPONS THAT KEEP ON KILLING AFTER THE WAR HAS ENDED (25 minutes)Probe students’ thoughts about the dangers people may face from weapons after combat has ended.

Present the video Landmines keep killing. STUDENT2D.4 RESOURCES

After the viewing, allow time for students to express their reactions. Make the transcript available for reference, if needed.

Then explore what they have learned.

Possible questions:

> How do landmines work?> How were these people injured by landmines? > How have their lives been affected?

NOTE

In the EHL programme, the terms ‘anti-personnel mine,’ ‘landmine’ and ‘mine’ are used interchangeably.

For homework, have students read “Explosive remnants of war” and respond to the question at the end.


4. A LOOK AT THE CONSEQUENCES (15 minutes)Ask students to focus on the consequences of the use of landmines and of explosive remnants of war.

Using “A look at the consequences,” have them analyse how these problems affect an individual’s life from the physical, psychological, educational, social and economic points of view.


Divide the class into four groups. Broaden the subject under discussion to examine the chain of consequences beyond the individual.

Possible question:

> What effects might these weapons have on families, communities, societies and the wider world?

Encourage students to draw upon their work in step 3. Reconvene the class for discussion, and ask the groups to share their thoughts. You might use a chart like the one below to record their ideas.

Level of analysis Consequence

Physical Psychological Educational Social Economic

Individual

Family

Community

Society

World

When a person steps on a buried mine, usually his leg or foot will be blown off; mud, dirt, pieces of his foot will be blown into his other leg, genitals, arms. When a mine planted above ground explodes, the victim is peppered with multiple fragments. A third kind of injury occurs when someone handled the mine and it exploded, blowing off their hand or arm and often severely injuring the face, and blinding. – a surgeon

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Present the map “Landmines and explosive remnants of war around the world,” and have the class discuss the questions at the end.


Then ask students to think about this worldwide problem.

Possible question:

> What do you think needs to be done about this? [For example: locating and clearing contaminated areas, educating people about

the danger, rehabilitating victims, preventing their use in the future]

6. AN EXAMPLE OF SPECIFIC RULES (10 minutes)Have students compare their ideas with the rules that have been developed.

Present “IHL rules on two weapons,” and generate a discussion related to the set of rules you have chosen. 2D.1

TEACHER RESOURCES


Possible question:

> What is required by this set of rules?

Have students recall the other examples they gave of indiscriminate weapons and weapons that cause unnecessary suffering. Mention that specific IHL rules also exist for some of these weapons.

7. WHAT DOES IT TAKE TO MAKE INTERNATIONAL LAW? (10 minutes, additional time, if the reading is done in class)Ask students to brainstorm ideas about how people who are not government officials can strengthen IHL.[For example: the roles played by non-governmental organizations (NGOs) and humanitarian organizations, victims, medical workers, public figures, citizens, weapons manufacturers, the news media]

In the last 100 years, there have been many instances of development of a weapon, and outrage at the humanitarian consequences of the weapon and then treaties signed under international law to regulate or prohibit their use.– a surgeon

Have students read “How we got a treaty” as homework. In class, discuss how the making of the treaty prohibiting anti-personnel mines was influenced by a public campaign, using the questions at the end.


2d The exploration


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! KEY IDEAS

• IHL restricts the use of some weapons in war because they are indiscriminate or because they cause unnecessary suffering.

• Anti-personnel mines and explosive remnants of war are important humanitarian concerns because they keep killing long after wars have ended.

• Mobilization of popular opinion may contribute to the development of international law.

2d The exploration


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2dExtension activities

HISTORY Examine the nature of the weapons used in an armed conflict that you are learning about in your history studies.

> What scientific or technological developments made them possible? > How did the types of weapons used affect combatants and civilians?> What expectations, rules or traditions influenced their use? > What happened to these weapons after the armed conflict had ended?

MATH

Using the figures in “A look at the consequences,” answer the following questions and explain your calculations.

> On average, how many people per year are injured or killed by mines and other explosive devices left behind after war?

> How much will equipping a six-year-old child with an artificial limb, or limbs, until the age of 18 cost?

> If the parents of that six-year-old child earn 40 US dollars a month, what percentage of their yearly income will be spent on the child’s artificial limbs alone?


Make up a math problem of your own.

CREATIVE WRITING OR DRAMATIZATION Write a story or a diary entry, or develop a short dramatization in response to some of these questions:

> What activities do you perform every day, and what would it be like to relearn them if you were to suddenly lose a limb?

> What would it be like to do farming or fetch water or gather wood if you had only one arm or one leg or were blind or deaf?

> How would life be different if explosive remnants of war were scattered around your community?

OR

Select one of the girls profiled in the video Landmines keep killing (Vanna or Amelia) or someone else who appears in it and make up a story in which that person is the main character. The events in the story should take place after that person has been maimed by a landmine or an explosive remnant of war.

OR

Read this essay by a student from Bosnia and Herzegovina and write a letter to him or to someone else of your choosing. Or write an essay of your own, inspired by his.


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Extension activities2d

Night. Snowy, cold and quiet. I’m in bed and reading. Suddenly a detonation, somewhere outside. All of us in the house look at each other, exchanging thoughts in our eyes. There is no voice. The war is still in our hearts, souls, and in our memory. Somebody says: ‘Most probably an animal stepped on a mine over in the field.’ We continue to rest. And I’m thinking: Spring will come soon, warm nights full of temptation to go for a walk. But where to go? Mines are all around us. Our fields, meadows, forests are most probably covered with mines. And that could probably ruin my life, or somebody else’s life, youth, beliefs, love.

I want to run through fields with my girlfriend, I want to pick the first violet for her. I want to lie in the grass and watch the sky for hours, I want to dream. I’m only 18. I have somehow managed to survive this dirty war. But, I wonder whether I have really survived. Should all my life be permanently marked with the word ‘MINE’? Mines are all around us. The enemy placed warnings on every corner. Instead of posters announcing rock concerts, sport competitions or fashion shows, my school is covered with posters ‘MISLI MINE.’

How long will it last? I want to walk freely, to be free, to once and for all forget the words: WAR...DANGER...MINE... FEAR. I’m demanding, I’m asking all those who can help to clear our meadows from mines, replace them with ants, rabbits, crickets, couples in love, children’s play. Because, remember, it is not only one life in question, one arm or a leg, but it is thousands and thousands of cases. That is why I’m asking you to help us and Bosnia.

– Admir Mujkic from Velika Brijesnica

Source: Canadian Red Cross, Learning Activities

LOCAL ORGANIZATIONS Identify an organization in your area or in your country that is doing work related to mines or explosive remnants of war. Find out more about their work and present this information to the class.

DESIGN A PLAN OF ACTION FOR A VILLAGE

> What needs to be done in this village to help victims and to prevent more accidents?

The village was on the front line during the war. As the army occupying the village wanted to prevent the rebels from coming back for food and supplies, they mined the surrounding forest. Today the war is over, but the mines remain. Unexploded grenades and other explosive remnants of war are also still left in the areas of fighting.

The inhabitants of the village know that the forest is mined but depend on it for firewood for heating and cooking. As a result, they are killed or wounded by a blast when they enter the forest to gather wood. Some children have even died while collecting scrap metal.

There are also former checkpoints in the village that were not cleared of mines and explosive remnants of war when the army left. Although the areas have been marked with the sign “Danger! Mines!” children still play there.

Working in small groups, design a plan for dealing with these problems. The plan could include medical assistance, mine clearance, informing the villagers about the risks they face (in school, for adults, etc.) and rehabilitation programmes. Explain for whom each of these activities is designed.

Present the plan to the rest of the class. Make a map of the village to illustrate the situation.


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2dCOMMUNICATON

Make a cartoon or a poster to inform people about international humanitarian law (IHL) rules for one or more of the weapons presented in “IHL rules on certain other weapons.”


SCIENCE Explore the ways in which advances in science or technology have affected the means of waging war.

> What are some of the positive and negative ways in which science can be used to tackle the challenges associated with weapons and warfare?

POLLING AND INTERVIEWING – WEAPONS AND THE FUTURE

We are standing on the verge of a massive revolution in the life sciences and biotechnology, and if we look back in human history, any advance in science or technology, whether it be electricity, chemistry, aviation, nuclear physics, at some point that advance has been turned to hostile use to create new weapons. So we have to ask the questions: What is going to happen if the advances in life sciences and biotechnology are also turned to hostile use? Are we going to see new forms of biological weapons used which could maybe target people more specifically, with more specific and subtle effects? Are we going to see new weapons which could maybe change people’s behaviour, for instance?

In 2002 the ICRC launched an initiative to draw the attention of governments and the scientific community to the risks involved and also to the relevant rules of international law that must be upheld whatever the scientific advances. The ICRC initiative also appeals to scientists to make absolutely sure that the outcome of their research is not used to produce new abhorrent weapons.– Dr Robin Coupland, Medical adviser, ICRC

> Can you think of any advances in science and technology that have been exploited to make new weapons?

> Is this development inevitable or can you think of ways to prevent it from happening?

Look at ideas found in “Taking action: Some examples.” Develop several polling questions to find out what people may think about the use of developments in science and technology to create new weapons that may violate IHL.


Decide what categories of people you will poll (students, teachers, parents medical workers, scientists and engineers). Conduct your poll. Tally your results. Report your findings.

OR

Develop a set of questions to raise with local leaders or doctors. Select whom to interview and make appointments for your interviews.

Work with a partner who can take notes or record the interview. Write up your interviews and share what you have learned with others.

Extension activities


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TEACHERRESOURCE (1/2)2D.1

T.2d Weapons and IHL

According to one of the most important principles of international humanitarian law (IHL), the only legitimate objective in war is to weaken the military forces of the enemy.

This principle, together with other IHL rules, puts limits on the types of weapons that combatants may use in war. Prohibited weapons include those that are incapable of distinguishing between civilians and military targets and those that cannot be specifically directed at a military objective or whose effects cannot be contained. Such weapons are referred to as ‘indiscriminate weapons.’ In addition, IHL restricts the use of weapons that cause suffering to combatants beyond what is needed to make them stop fighting.

On the basis of these general rules, a number of IHL treaties have been adopted that prohibit or restrict the use of specific weapons. There are treaties on biological weapons, chemical weapons, blinding laser weapons and incendiary weapons (e.g. weapons designed to set fire to objects or to cause burn injuries).

CHEMICAL AND BIOLOGICAL WEAPONSThe use of chemical and biological weapons is prohibited under the 1925 Geneva Protocol (on Asphyxiating, Poisonous or other Gases and Bacteriological Methods of Warfare). This treaty was complemented and strengthened by the 1972 Biological Weapons Convention and the 1993 Chemical Weapons Convention, which prohibit the development, production, stockpiling, transfer and the use of such weapons. They also require the destruction of existing stockpiles. Under the Biological Weapons Convention, governments must destroy or divert to peaceful purposes all biological weapons within nine months of joining the treaty. The Chemical Weapons Convention requires governments to destroy all chemical weapons within 10 years of joining the treaty.

BLINDING LASER WEAPONSThe use and transfer of blinding laser weapons is prohibited under Protocol IV to the Convention on Certain Conventional Weapons of 1995. This treaty also requires that all possible precautions be taken to avoid causing permanent blindness when using other laser systems.

INCENDIARY WEAPONSProtocol III to the Convention on Certain Conventional Weapons of 1980 regulates the use of incendiary weapons (weapons that are designed to set fire to objects or to cause burn injuries). Governments and armed groups are prohibited from using incendiary weapons against civilians and may not make any military objectives located in civilian areas objects of attack by such weapons. The Protocol also prohibits the use of incendiary weapons against forests or other kinds of plant cover.

NUCLEAR WEAPONSInternational law currently provides no comprehensive and universal prohibition on the use of nuclear weapons. However, in an advisory opinion in 1996, the International Court of Justice made it clear that the threat or use of nuclear weapons would, in general, be contrary to the principles and rules of IHL.

WEAPONS THAT KEEP KILLING AFTER THE WAR HAS ENDED Anti-personnel mines and explosive remnants of war, including unexploded cluster munitions, can put civilians at risk for years or even decades after the end of an armed conflict. In post-conflict settings, massive numbers of such weapons often remain on the ground. They can injure or kill anyone who comes near them. They also make vital subsistence activities, such as farming, hazardous and obstruct relief and reconstruction efforts.


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TEACHERRESOURCE (2/2)2D.1

T.2dANTI-PERSONNEL MINES Anti-personnel mines are explosive devices placed under or on the ground. They are designed to be ‘victim-activated,’ meaning that they can be set off by the mere proximity, or the touch, of a person.

The 1997 Convention on the Prohibition of Anti-personnel Mines prohibits the use, stockpiling, production and transfer of anti-personnel mines and requires their destruction, whether they are in stockpiles or in the ground. Every government has four years to destroy its stockpiles of mines and ten years to clear mined areas that are under its control. Until the mines are cleared, governments have to take measures to protect civilians (for instance, by warning them of the danger of landmines and by marking and fencing off mined areas). The Convention also requires governments to provide assistance for the destruction of stockpiles, for mine clearance and mine risk education programmes, and for the care and rehabilitation of mine victims.

The use and production of anti-personnel mines have decreased dramatically since the Convention was adopted and the trade in these weapons has virtually stopped. Tens of millions of mines have been destroyed, and thousands of square kilometres of land have been cleared. Most importantly, the number of new casualties is decreasing significantly. But a great deal remains to be done to clear the minefields that remain and to ensure that victims receive adequate care and assistance.

EXPLOSIVE REMNANTS OF WAR Explosive remnants of war are explosive munitions that are left behind in an area after the fighting has ended. They include unexploded artillery shells, grenades, mortar bombs, cluster submunitions, rockets and missiles. Civilians often believe such weapons are harmless, but they are, in fact, often lethal and unstable explosives that may go off if touched or disturbed.

Protocol V to the Convention on Certain Conventional Weapons on explosive remnants of war of 2003 requires governments and armed groups to clear all explosive remnants of war from the areas they control. In areas not controlled by them, they are to provide technical, material or financial assistance to facilitate the removal of explosive remnants of war that are a consequence of

their operations. They must also take precautionary measures to protect civilians by warning them of the danger posed by explosive remnants of war, by providing risk education, and by marking, fencing off and monitoring affected areas. The Protocol further requires governments and armed groups to keep records of the types of explosive devices they have used or left behind, and where; and to share this information after the end of the conflict with the party controlling the affected areas and with organizations involved in clearance and related activities. Governments should also assist in the care, rehabilitation and socio-economic reintegration of victims of explosive remnants of war. Finally, governments are encouraged to provide assistance in dealing with existing problems associated with explosive remnants of war.

The adoption of Protocol V on explosive remnants of war was an important step forward. It applies to all explosive munitions that are used during armed conflict and is the first international agreement to require governments and armed groups to clear all unexploded and abandoned munitions after a war. It is important that as many countries as possible join and implement this treaty so that the impact of explosive remnants of war can be minimized in the future.

NEW WEAPONSUnder the first Additional Protocol to the Geneva Conventions (Protocol I) of 1977, governments are required to ensure that any new weapons they study, develop, acquire or adopt comply with the provisions of humanitarian law. Effective implementation of this provision is especially important in light of rapid developments in weapons technology. Technological and scientific advances have often been used to produce new weapons. It is the responsibility of all those involved (governments, the military, scientists, medical professionals, private companies, NGO [non-governmental organization] watchdog groups and ordinary concerned citizens) to remain vigilant and to take the necessary preventive steps so that science and technology are not exploited to develop weapons that would violate IHL.

Weapons and IHL


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STUDENTRESOURCE2D.2

s.2dA

fter t

he b

omb

was

dro

pped

Satsuo Nakata/ICRC. All rights reserved

Wor

ld W

ar II

, Hiro

shim

a N

akak

u af

ter

the

expl

osio

n of

the

atom

bom

b.

Que

stio

n: W

hat d

o yo

u se

e in

th

is p

hoto

?


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STUDENTRESOURCE2D.3

s.2d

Late

r, ga

s was

pac

ked

into

art

iller

y sh

ells

and

del

iver

ed b

ehin

d en

emy

lines

. No

mat

ter t

he m

etho

d of

del

iver

y,

its im

pact

coul

d pr

oduc

e he

ll on

ear

th.

Chlo

rine

and

phos

gene

gas

es a

ttac

ked

the

lung

s rip

ping

the

very

bre

ath

out

of it

s vic

tims.

Mus

tard

gas

was

wor

se.

At le

ast a

resp

irato

r pro

vide

d so

me

defe

nse

agai

nst t

he c

hlor

ine

and

phos

gene

gas

es. M

usta

rd g

as a

ttac

ked

the

skin

- m

oist

skin

such

as t

he e

yes,

arm

pits

, and

gro

in. I

t bur

ned

its w

ay

into

its v

ictim

leav

ing

sear

ing

blis

ters

an

d un

imag

inab

le p

ain.

– G

as A

ttac

k, 1

916,

Eye

witn

ess

to

His

tory

, 199

9 (h

ttp:

//w

ww

.eye

witn

esst

ohist

ory.c

om).

[War

plan

es d

ropp

ed b

ombs

that

sp

read

a s

mok

e th

at s

mel

led]

like

ro

tten

app

les.

(...)

Then

my

daug

hter

N

arjis

cam

e to

me,

com

plai

ning

abo

ut

pain

in h

er e

yes,

ches

t and

stom

ach.

W

hen

I got

clo

se to

see

wha

t was

w

rong

with

her

, she

thre

w u

p al

l ove

r m

e. (.

..) T

hen

my

cond

ition

got

bad

, to

o. A

nd th

at’s

whe

n w

e re

alis

ed

that

the

wea

pon

was

poi

sono

us a

nd

chem

ical

. (...

) I w

ent f

or fo

ur d

ays

Voic

es a

bout

wea

pons

with

out e

yesi

ght.

My

child

ren

coul

d no

t se

e. I w

as ju

st sc

ream

ing.

On

the

fifth

da

y I s

light

ly o

pene

d m

y ey

es. A

nd it

w

as a

terr

ible

scen

e. M

y ch

ildre

n an

d m

y sk

in h

ad tu

rned

bla

ck.”

– Ad

iba

Oul

a Ba

yez

desc

ribin

g th

e bo

mba

rdm

ent o

f her

vill

age,

Bal

isan

, on

16

Apr

il 19

87

(htt

p://

new

s.bbc

.co.

uk/1

/hi/w

orld

/m

iddl

e_ea

st/5

2779

16.s

tm).

You

know

how

you

see t

he b

right

sun

that

’s goi

ng d

own

on a

very

hot

day

? Br

ight

red

– or

ange

red.

That

’s wha

t it w

as

like.

(...)

Afte

r we h

eard

a b

ig n

oise

like a

‘B

OO

NG!

’ ‘BO

ON

G!’ L

ike t

hat.

That

was

th

e sou

nd. (.

..) E

very

thin

g st

arte

d fa

lling

dow

n; a

ll the

bui

ldin

gs st

arte

d fly

ing

arou

nd a

ll ove

r the

pla

ce. T

hen

som

ethi

ng

wet

star

ted

com

ing

dow

n, lik

e rai

n. I g

uess

th

at’s w

hat t

hey c

all b

lack

rain

. (...)

And

w

e kep

t run

ning

. And

fire

was

com

ing

out

right

beh

ind

us, y

ou kn

ow.

– To

mik

o M

orim

oto,

sur

vivo

r of

Hiro

shim

a nu

clea

r bom

b at

tack

(h

ttp://

ww

w.v

oane

ws.c

om/e

nglis

h/ar

chiv

e/20

05-0

8/20

05-0

8-05

-voa

38.cf

m).

AP

Yahya Ahmed/AP

ICRC. All rights reserved

http://www.eyewitnesstohistory.com




http://news.bbc.co.uk/1/hi/world/middle_east/5277916.stm












http://www.voanews.com/english/archive/2005-08/2005-08-05-voa38.cfm














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STUDENTRESOURCE2D.4

s.2dVa

nna

[at t

he h

ospi

tal]

Visi

tor:

How

did

it h

appe

n?

Vann

a: I

was

feed

ing

the

chic

kens

.

Visit

or: W

hen

you

treat

them

wel

l and

giv

e th

em en

ough

food

, they

mak

e you

mon

ey?

Vann

a: Y

es.

[goi

ng h

ome]

Villa

gers

: Oh

little

one

, my

little

girl

, she

’s ba

ck. B

e br

ave,

you

will

wal

k ag

ain

like

othe

r chi

ldre

n. S

mile

, look

aro

und,

child

.

I am

goi

ng to

take

a lo

ok a

t her

leg.

It

is n

ew sk

in g

row

ing.

The

new

skin

lo

oks b

ette

r but

she

will

hav

e sc

ars.

The

mar

ks ca

n be

era

sed

with

med

icin

e.

The

skin

will

gro

w in

a n

atur

al w

ay.

[with

chi

ldre

n in

the

wat

er ]

Girl

hel

ping

Van

na: G

et th

e sh

oe. I

t’s

still

dirt

y. Y

ou ca

n pu

t it o

n no

w.

Nar

rato

rH

ere

in C

ambo

dia

ther

e ar

e ov

er

35,0

00 a

mpu

tees

, equ

ival

ent t

o on

e in

ev

ery

230

mem

bers

of t

he p

opul

atio

n.

Man

y di

e ou

trig

ht fr

om th

e w

ound

s or

ble

ed to

dea

th b

efor

e th

ey ca

n ge

t pr

oper

med

ical

att

entio

n.

We

will

pro

babl

y ne

ver k

now

pre

cise

ly

how

man

y m

ines

wer

e la

id a

roun

d th

e w

orld

and

how

man

y vi

ctim

s the

y’ve

cl

aim

ed. T

here

may

still

be

man

y m

illio

ns o

f min

es w

aitin

g to

be

clea

red.

Th

e pr

oble

m st

retc

hes a

cros

s eve

ry

cont

inen

t fro

m L

atin

Am

eric

a to

Asi

a.

Typi

cal l

andm

ine

inju

ries i

nvol

ve th

e lo

ss o

f han

ds, a

rms,

feet

, or l

egs.

Man

y pe

ople

lose

thei

r eye

sigh

t, or

suffe

r su

ch tr

aum

a th

at th

ey ca

n ne

ver a

gain

liv

e a

norm

al li

fe.

Min

e vi

ctim

s rar

ely

rega

in th

eir

livel

ihoo

ds, a

nd th

e so

cial

and

finan

cial

cost

of r

ehab

ilita

tion

is o

ften

too

high

for c

omm

uniti

es to

bea

r.

Land

min

e in

jurie

s nev

er st

op. A

per

son

who

lose

s a le

g at

the

age

of 2

5 m

ay

requ

ire 1

0 ar

tifici

al le

gs b

y th

e ag

e of

65.

A c

hild

may

requ

ire a

new

leg

ever

y 6

mon

ths.

In a

dditi

on to

the p

hysic

al co

nseq

uenc

es,

min

es o

ften

bloc

k ac

cess

to w

ater

, ag

ricul

tura

l are

as a

nd o

ther

bas

ic n

eeds

.

Land

min

es a

re a

per

vers

e us

e of

te

chno

logy

. For

poo

r cou

ntrie

s, th

e

cost

s in

both

hum

an a

nd e

cono

mic

te

rms a

re to

o he

avy

to b

ear.

Dem

iner

s mus

t wor

k slo

wly

and

ca

refu

lly, p

robi

ng th

e gr

ound

inch

by

inch

, to

mak

e su

re th

at th

ey h

ave

foun

d an

d re

mov

ed a

ll da

nger

ous i

tem

s.

It ca

n ta

ke a

thre

e-pe

rson

team

up

to a

m

onth

to cl

ear a

n ar

ea th

e size

of a

tenn

is

cour

t. D

epen

ding

on

how

man

y min

es

wer

e lai

d an

d ho

w la

rge t

he m

ined

are

as

are,

mak

ing

a co

untry

free

from

min

es

can

be ve

ry co

stly

and

take

a lo

ng ti

me.

Am

elia

[in a

vill

age]

Twel

ve-y

ear-

old

Amel

ia is

blin

d an

d di

sabl

ed. S

he’s

one

of th

e co

untle

ss

vict

ims o

f min

es. L

ike

man

y ch

ildre

n he

r age

, Am

elia

use

d to

gat

her

firew

ood

for c

ooki

ng. B

ut th

e en

emy

was

ther

e ly

ing

in w

ait;

and

one

day,

in

a sp

lit se

cond

, her

life

was

shat

tere

d.

[at a

reha

bilit

atio

n ho

spita

l]

This

is w

here

Am

elia

com

es re

gula

rly

to le

arn

how

to w

alk

agai

n an

d to

live

w

ith h

er d

isab

ility

.

Land

min

es k

eep

killi

ng

ICRC

ICRC

ICRC

ICRC

Video transcript


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Wha

t are

exp

losi

ve re

mna

nts

of

war

?‘E

xplo

sive

rem

nant

s of w

ar’ is

the

term

use

d to

des

crib

e th

e ex

plos

ive

mun

ition

s tha

t are

left

behi

nd, a

fter

the

end

of a

n ar

med

con

flict

. The

y in

clud

e un

expl

oded

art

iller

y sh

ells,

gr

enad

es, m

orta

r bom

bs, c

lust

er

subm

uniti

ons,

rock

ets a

nd m

issile

s. Th

ese

wea

pons

mig

ht lo

ok h

arm

less

to

civ

ilian

s, es

peci

ally

chi

ldre

n, w

ho

find

them

on

the

grou

nd. H

owev

er,

they

are

ext

rem

ely

dang

erou

s as t

hey

can

expl

ode

if to

uche

d or

dist

urbe

d.

It m

ay ta

ke y

ears

or e

ven

deca

des t

o cl

ear a

n ar

ea o

f exp

losiv

e re

mna

nts o

f w

ar a

fter a

n ar

med

con

flict

.

Why

are

clu

ster

mun

itio

ns a

pa

rtic

ular

con

cern

?Th

ese

wea

pons

hav

e be

en u

sed

in

man

y ar

med

con

flict

s ove

r the

last

40

year

s, w

ith p

artic

ular

ly d

evas

tatin

g eff

ects

on

civi

lians

. The

y co

nsist

of a

co

ntai

ner t

hat o

pens

up

and

scat

ters

te

ns o

r hun

dred

s of s

mal

l bom

blet

s ov

er a

larg

e ar

ea. T

he b

ombl

ets (

also

ca

lled

subm

uniti

ons)

are

des

igne

d to

exp

lode

on

impa

ct, b

ut in

pra

ctic

e m

any

of th

em d

o no

t. As

a re

sult,

th

ousa

nds o

r eve

n m

illio

ns o

f dea

dly

expl

osiv

e re

mna

nts o

f war

are

left

be

hind

on

the

grou

nd.

Als

o, w

hen

they

are

use

d in

po

pula

ted

area

s, w

here

civ

ilian

s an

d m

ilita

ry ta

rget

s ar

e of

ten

in

clos

e pr

oxim

ity, t

hese

wea

pons

can

ca

use

man

y ci

vilia

n ca

sual

ties.

Sour

ce: E

xplo

sive r

emna

nts o

f war

: The

leth

al le

gacy

of

mod

ern

arm

ed co

nflic

t, IC

RC, G

enev

a, 2

004.

A c

hild

’s m

emor

y fro

m

Bosn

ia a

nd H

erze

govi

na

STUDENTRESOURCE2D.5

A g

ame

of c

atch

Eigh

t chi

ldre

n ag

ed 1

0 to

16

wer

e pl

ayin

g on

a h

illto

p w

hen

they

cam

e up

on tw

o un

expl

oded

bom

blet

s. Tw

o of

the

olde

r chi

ldre

n st

arte

d to

pla

y w

ith th

em. O

ne b

oy s

aid

that

des

pite

be

ing

war

ned

by th

e ot

her c

hild

ren

not t

o do

so,

he

thre

w a

bom

blet

on

the

grou

nd a

num

ber o

f tim

es. I

t did

no

t exp

lode

. The

n he

thre

w it

to a

fr

iend

. It e

xplo

ded

in m

id-a

ir, k

illin

g a

12-y

ear-

old

boy

and

serio

usly

in

jurin

g hi

s 10

-yea

r-ol

d br

othe

r. A

ll th

e ot

her c

hild

ren

wer

e al

so in

jure

d.

Sour

ce: C

lust

er B

ombs

and

Land

min

es in

Kos

ovo:

Ex

plos

ive R

emna

nts o

f War

, ICRC

, Gen

eva,

200

0.

A s

umm

er’s

day

Gio

rgi,

a 17

-yea

r-ol

d bo

y, a

nd h

is

rela

tives

wer

e en

joyi

ng su

mm

er

vaca

tion

at h

is gr

andm

othe

r’s h

ouse

in

eas

tern

Geo

rgia

. One

day

, a y

oung

co

usin

foun

d so

met

hing

that

look

ed

like

a bi

g bu

llet.

It lo

oked

like

wha

t G

iorg

i tho

ught

hun

ters

and

oth

ers c

ut

open

to re

mov

e th

e gu

npow

der a

nd

sell

the

met

al a

s scr

ap. S

o he

and

his

co

usin

s dec

ided

to ta

ke it

to h

is un

cle.

O

n th

e w

ay, c

urio

sity

led

them

to tr

y to

br

eak

it op

en. T

hey

hit i

t with

a ro

ck.

Gio

rgi:

I can

har

dly

rem

embe

r an

ythi

ng e

xcep

t a te

rrib

le b

oom

, blo

od

and

colo

ured

spot

s in

my

eyes

. My

left

ha

nd w

as b

adly

inju

red

and

blee

ding

. M

y si

ster

Lela

was

wou

nded

in th

e st

omac

h. M

y co

usin

’s ey

es w

ere

full

of

bloo

d an

d he

coul

dn’t

see

anyt

hing

.

Late

r, (..

.) th

e su

rgeo

n w

as sh

ocke

d by

the

num

ber o

f met

al fr

agm

ents

he

had

to re

mov

e fro

m m

y co

usin

’s ey

es. F

ortu

nate

ly, t

he o

pera

tion

was

su

cces

sful

and

my

cous

in is

now

O

K. A

s for

mys

elf,

the

doct

ors h

ad to

am

puta

te m

y le

ft h

and.

(...)

I on

ce

drea

med

of b

eing

a g

ood

wre

stle

r, bu

t no

w th

e dr

eam

is o

ver.

Sour

ce: E

xplo

sive

rem

nant

s of w

ar: T

he le

thal

lega

cy

of m

oder

n ar

med

confl

ict,

ICRC

, Gen

eva,

200

4.

Que

stio

n: H

ow d

o yo

u th

ink

expl

osiv

e re

mna

nts

of w

ar

affec

t peo

ple?

Exp

losi

ve re

mna

nts

of w

ar

s.2d


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

STUDENTRESOURCE2D.6

reco

nstr

uctio

n in

impo

veris

hed

post

-war

soci

etie

s. Re

build

ing

com

mun

ities

and

eco

nom

ies i

s ex

trem

ely

diffi

cult

in th

ese

cond

ition

s.

Sour

ces:

Lan

dmin

es a

nd in

tern

atio

nal

hum

anita

rian

law

, ICR

C (h

ttp:

//w

ww

.icrc

.org

/W

eb/E

ng/s

iteen

g0.n

sf/h

tmla

ll/se

ctio

n_ih

l_la

ndm

ines

?Ope

nDoc

umen

t). A

nti-p

erso

nnel

la

ndm

ines

and

exp

losi

ve re

mna

nts o

f war

, ICR

C (h

ttp:

//w

ww

.icrc

.org

/web

/eng

/site

eng0

.nsf

/ht

mla

ll/m

ines

?Ope

nDoc

umen

t).

Wha

t is

the

exte

nt o

f the

ris

k p

osed

by

anti

-per

sonn

el m

ines

an

d ex

plos

ive

rem

nant

s of

war

? Se

vera

l mill

ion

min

es a

nd e

xplo

sive

re

mna

nts

of w

ar a

re ly

ing

in w

ait

for p

eopl

e in

mor

e th

an 8

0 co

ntex

ts

thro

ugho

ut th

e w

orld

toda

y. It

is

diffi

cult

to e

stim

ate

how

man

y th

ere

are

beca

use

accu

rate

reco

rds

wer

e se

ldom

kep

t whe

n m

ines

wer

e la

id

or w

hen

mun

ition

s w

ere

left

beh

ind

afte

r com

bat.

Wha

t is

the

hum

an c

ost?

It is

est

imat

ed th

at b

etw

een

550

and

620

peop

le fa

ll vi

ctim

eve

ry m

onth

to

land

min

es a

nd o

ther

exp

losi

ve

devi

ces l

eft o

n th

e gr

ound

aft

er w

ar.

Typi

cally

, tho

se w

ho su

rviv

e re

quire

am

puta

tion,

seve

ral o

pera

tions

an

d pr

olon

ged

perio

ds o

f phy

sica

l re

habi

litat

ion.

It is

est

imat

ed th

at

toda

y th

ere

are

betw

een

400,

000

and

500,

000

peop

le a

roun

d th

e w

orld

who

ha

ve su

rviv

ed b

last

s fro

m la

ndm

ines

or

exp

losi

ve re

mna

nts o

f war

.

Man

y am

pute

es d

o no

t hav

e ac

cess

to

phy

sica

l reh

abili

tatio

n se

rvic

es,

eith

er b

ecau

se th

ey a

re to

o fa

r aw

ay

or b

ecau

se tr

ansp

orta

tion

is to

o di

fficu

lt to

arr

ange

or t

oo c

ostly

.

Even

for t

hose

with

acc

ess

to s

uch

serv

ices

, the

cos

t of a

rtifi

cial

lim

bs

mig

ht b

e m

ore

than

they

can

eve

r pa

y. F

or in

stan

ce, a

chi

ld’s

pros

thet

ic

devi

ce s

houl

d be

repl

aced

eve

ry s

ix

mon

ths

and

an a

dult’

s ev

ery

thre

e to

fiv

e ye

ars.

A c

hild

who

is in

jure

d at

th

e ag

e of

10

will

requ

ire a

t lea

st 2

5 pr

osth

eses

bef

ore

reac

hing

the

age

of 5

0. S

ince

pro

sthe

ses

cost

aro

und

250

US

dolla

rs e

ach,

in c

ount

ries

whe

re th

e av

erag

e pe

r cap

ita in

com

e is

bet

wee

n U

S$ 1

5 an

d 20

a m

onth

, cr

utch

es (a

ppro

xim

atel

y U

S$ 1

0) a

re

all t

hat a

mpu

tees

can

affo

rd. S

tudi

es

have

est

imat

ed th

at o

ver t

wo-

third

s of

min

e vi

ctim

s w

ould

hav

e to

go

into

deb

t to

pay

for m

edic

al

trea

tmen

t, if

it is

eve

n av

aila

ble.

Besi

des

the

phys

ical

inju

ries

caus

ed b

y la

ndm

ines

and

exp

losi

ve

rem

nant

s of

war

, the

re a

re a

lso

serio

us p

sych

olog

ical

con

sequ

ence

s fo

r vic

tims.

It is

ver

y di

fficu

lt fo

r ch

ildre

n, a

dole

scen

ts a

nd e

ven

adul

ts to

ove

rcom

e th

eir p

hysi

cal

hand

icap

s. Th

ere

are

also

impo

rtan

t co

nseq

uenc

es fo

r fam

ilies

bec

ause

th

e in

jurie

s su

stai

ned

by v

ictim

s, pa

rtic

ular

ly w

hen

they

are

pe

rman

ently

dis

ablin

g, c

an d

isru

pt

thei

r edu

catio

n or

hin

der t

heir

pros

pect

s fo

r mar

riage

or p

reve

nt

them

from

ear

ning

a li

ving

.

Wha

t are

the

wid

er

cons

eque

nces

?Th

e ex

iste

nce

of la

ndm

ines

and

ex

plos

ive

rem

nant

s of w

ar is

als

o a

serio

us o

bsta

cle

to m

eani

ngfu

l de

velo

pmen

t in

man

y of

the

wor

ld’s

poor

est c

ount

ries;

impo

rtan

t co

mpo

nent

s of t

he in

frast

ruct

ure,

su

ch a

s roa

ds a

nd b

ridge

s, ar

e of

ten

min

ed a

nd v

ast a

gric

ultu

ral

area

s, ev

en c

ities

, can

be

litte

red

with

une

xplo

ded

devi

ces a

s a

resu

lt of

arm

ed c

onfli

ct. L

andm

ines

an

d ex

plos

ive

rem

nant

s of w

ar

crea

te re

fuge

e pr

oble

ms,

lay

was

te to

thou

sand

s of h

ecta

res o

f po

tent

ially

pro

duct

ive

farm

land

and

in

terf

ere

with

tran

spor

tatio

n an

d co

mm

unic

atio

n. W

hen

no a

ltern

ativ

es

are

avai

labl

e, m

any

peop

le a

re fo

rced

to

put

them

selv

es in

har

m’s

way

by

farm

ing

land

or c

olle

ctin

g fir

ewoo

d in

are

as w

here

such

wea

pons

are

ly

ing

abou

t. In

add

ition

to a

ll th

is,

clea

ring

area

s of m

ines

and

exp

losi

ve

rem

nant

s of w

ar m

ay a

bsor

b a

subs

tant

ial a

mou

nt o

f the

scar

ce

reso

urce

s ava

ilabl

e fo

r rec

over

y an

d

A lo

ok a

t the

con

sequ

ence

s s.2d

http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_ihl_landmines?OpenDocument













http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/mines?OpenDocument












Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

STUDENTRESOURCE2D.7

Land

min

es a

nd e

xplo

sive

rem

nant

s of

war

aro

und

the

wor

ld

Sources:

Lan

dmin

e M

onito

r Rep

ort 2

006.

Exp

losi

ve re

mna

nts o

f war

and

min

es o

ther

than

ant

i-per

sonn

el m

ines

: Glo

bal s

urve

y 20

03-2

004

This

map

and

the

data

incl

uded

are

for i

nfor

mat

ion

purp

oses

onl

y an

d ha

ve n

o po

litic

al s

igni

fican

ce.

80 A

LGER

IA81

EGY

PT

88 L

IBYA

89

MAU

RITA

NIA

90 M

OROC

CO/W

ESTE

RN

S

AHAR

A93

TUN

ISIA

82 IS

LAM

IC

REP

UBLIC

OF I

RAN

83 IR

AQ

84 IS

RAEL

/

OCC

UPIED

T

ERRI

TORI

ES

85 J

ORDA

N 86

KUW

AIT

87 L

EBAN

ON

91 O

MAN

92

SYR

IA

94 Y

EMEN

95 P

ACIFI

C ISL

ANDS

:

KI

RIBA

TI,

MAR

SHAL

L ISL

ANDS

,

TUVA

LU,

NOR

THER

N

MAR

IANA

ISLA

NDS,

HAW

AII

38 A

FGHA

NIST

AN

40 C

HINA

42 N

ORTH

KORE

A43

SOU

TH KO

REA

45 M

ONGO

LIA

48 P

AKIST

AN

49 P

HILIP

PINE

S

52 T

IMOR

-LES

TE

39 C

AMBO

DIA

41 IN

DIA

44 L

AO PD

R 46

MYA

NMAR

47 N

EPAL

50

SRI

LANK

A 51

THA

ILAND

53

VIET

NAM

27 N

IGER

28 N

IGER

IA

29 R

WAN

DA

30 S

ENEG

AL

31 S

IERRA

LEON

E 32

SOM

ALIA

33 S

UDAN

34 S

WAZ

ILAND

35

UGA

NDA

36 Z

AMBI

A37

ZIM

BABW

E

12 A

NGOL

A 13

BUR

UNDI

14

CHA

D 15

CON

GO16

DEM

OCRA

TIC

R

EPUB

LIC O

F CON

GO17

DJIB

OUTI

18 E

RITR

EA

19 E

THIO

PIA

20 G

UINE

A 21

GUI

NEA-

BISS

AU

22 K

ENYA

23

LIB

ERIA

24 M

ALAW

I 25

MOZ

AMBI

QUE

26 N

AMIB

IA

69 C

HILE

70 C

OLOM

BIA

71 E

CUAD

OR

72 E

L SAL

VADO

R 73

GUA

TEM

ALA

74 H

ONDU

RAS

75 F

ALKL

AND

ISLAN

DS/

M

ALVI

NAS

76 N

ICARA

GUA

77 P

ANAM

A 78

PER

U 79

VEN

EZUE

LA

5144

5339

43

42

52

49

47

4146

384045

48

50

95

12

13

1417

18 1920

32

33

24 2526

27 28

29

30 31

34

35

36

37

15

23

21

2216

1234

6 7

8 910

11

6668

6560

6162

5864

67

56

5955

57

63

54

5

70

71

727374

75

7677

78

69

79

82

8081

9383

89

8592

88

90

94

91

84

86

87

1 AL

BANI

A2

BOSN

IA A

ND

HE

RZEG

OVIN

A 3

CROA

TIA

4 CZ

ECH

REPU

BLIC

5 DE

NMAR

K

6 FY

R MAC

EDON

IA

7 G

REEC

E 8

HUN

GARY

9

SERB

IA/K

OSOV

O10

MON

TENE

GRO

11 P

OLAN

D

62 L

ITHUA

NIA

63 M

OLDO

VA64

RUS

SIAN

FEDE

RATIO

N/

C

HECH

NYA

65 T

AJIK

ISTAN

66 T

URKE

Y67

UKR

AINE

68

UZB

EKIST

AN

54 A

RMEN

IA55

AZE

RBAI

JAN

56

BEL

ARUS

57

CYP

RUS

58 E

STON

IA

59 G

EORG

IA

60 K

YRGY

ZSTA

N61

LAT

VIA

Land

min

es a

nd e

xplo

sive

rem

nant

s of

war

aro

und

the

wor

ldCo

untr

ies/

terr

itor

ies

affec

ted

s.2d

Que

stio

ns:

> In

whi

ch p

lace

s has

war

end

ed?

> In

whi

ch p

arts

of t

he w

orld

do

peop

le su

ffer m

ost

from

land

min

es a

nd e

xplo

sive

rem

nant

s of w

ar?

> W

hat m

ust i

t be

like

to li

ve in

a p

lace

whe

re y

ou

alw

ays h

ave

to b

e on

gua

rd?


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

STUDENTRESOURCE2D.8

IHL

rule

s on

two

wea

pons

IHL

rule

s on

ant

i-pe

rson

nel m

ines

Gov

ernm

ents

mus

t:

• Not

use

, dev

elop

, pro

duce

, sto

ckpi

le o

r tr

ansf

er a

nti-p

erso

nnel

min

es

• Des

troy

all

stoc

kpile

s w

ithin

four

yea

rs o

f jo

inin

g th

e tr

eaty

• Cle

ar a

ll an

ti-pe

rson

nel m

ines

in a

reas

und

er

thei

r con

trol

with

in 1

0 ye

ars o

f joi

ning

the

trea

ty

and

until

then

take

mea

sure

s to

prot

ect c

ivili

ans

(e.g

. mar

king

and

fenc

ing

off m

ined

are

as)

• Ass

ist o

ther

gov

ernm

ents

in m

ine

clea

ranc

e,

min

e ris

k ed

ucat

ion,

and

in th

e ca

re a

nd

reha

bilit

atio

n of

min

e vi

ctim

s.

– Co

nven

tion

on th

e Pr

ohib

ition

of A

nti-P

erso

nnel

M

ines

, 199

7

IHL

rule

s on

ex

plos

ive

rem

nant

s of

war

Gov

ernm

ents

and

arm

ed g

roup

s m

ust:

• Mar

k an

d cl

ear a

ll ex

plos

ive

rem

nant

s of

war

as

soo

n as

pos

sibl

e af

ter t

he e

nd o

f arm

ed

confl

ict

• Pro

tect

the

civi

lian

popu

lati

on, b

y w

arni

ng

of th

e da

nger

pos

ed b

y ex

plos

ive

rem

nant

s of

war

(e.g

. pro

vidi

ng m

ine

risk

educ

atio

n,

mar

king

and

fenc

ing

off a

ffect

ed a

reas

)

• Rec

ord

the

type

and

loca

tion

of e

xplo

sive

devi

ces

they

hav

e us

ed a

nd sh

are

this

info

rmat

ion

afte

r th

e en

d of

the

confl

ict w

ith th

ose

cont

rolli

ng th

e aff

ecte

d ar

eas a

nd w

ith o

rgan

izat

ions

invo

lved

in

clea

ranc

e an

d re

late

d ac

tiviti

es

Gov

ernm

ents

mus

t als

o:

• Ass

ist i

n th

e ca

re, r

ehab

ilita

tion

and

soc

ial

and

econ

omic

rein

tegr

atio

n of

vic

tims

• Ass

ist c

ount

ries

alr

eady

aff

ecte

d by

exp

losi

ve

rem

nant

s of

war

from

pre

viou

s ar

med

con

flict

s

– Pr

otoc

ol V

to th

e Co

nven

tion

on C

erta

in C

onve

ntio

nal

Wea

pons

on

Expl

osiv

e Re

mna

nts o

f War

, 200

3

s.2d


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

STUDENTRESOURCE (1/3)2D.9

INTE

RVIE

W W

ITH

M

ARY

WA

REH

AM

Wha

t got

you

inte

rest

ed in

la

ndm

ines

?In

New

Zea

land

, we

wer

e ve

ry

conc

erne

d in

the

1980

s abo

ut n

ucle

ar

test

ing

in th

e Pa

cific

and

ship

s with

nu

clea

r wea

pons

and

nuc

lear

pow

er.

So I g

rew

up

with

that

. At u

nive

rsity

, I

saw

an

artic

le a

bout

land

min

es in

the

‘Bul

letin

of t

he A

tom

ic S

cien

tist,’

and

I w

as re

ally

stun

ned

at th

is w

eapo

n.

So I d

id se

arch

es o

n it

and

I cou

ld fi

nd

noth

ing.

Her

e w

as th

is w

eapo

n th

at

has k

illed

mor

e pe

ople

than

any

of t

he

othe

r wea

pons

com

bine

d an

d w

hat’s

be

ing

done

abo

ut it

?

How

old

wer

e yo

u th

en?

I was

a st

uden

t jus

t fini

shin

g off

my

univ

ersit

y st

udie

s in

polit

ical

scie

nce.

I pu

t in

a sc

hola

rshi

p ap

plic

atio

n to

look

at

the

land

min

e iss

ue. A

t the

sam

e tim

e,

I wan

ted

to k

now

wha

t my

gove

rnm

ent

was

doi

ng a

t the

pol

itica

l, int

erna

tiona

l an

d di

plom

atic

leve

l to

addr

ess t

his

issue

in th

e di

sarm

amen

t sen

se.

How

did

this

bec

ome

mor

e th

an

just

an

acad

emic

act

ivit

y fo

r you

?I w

ante

d to

look

at i

t fro

m a

neu

tral

pe

rspe

ctiv

e.

So, a

t a m

eetin

g of

the

New

Zea

land

Ca

mpa

ign

to B

an L

andm

ines

, I sa

t in

the

back

with

my

note

book

. The

y sa

w

me

and

said

, ‘Can

you

take

our

min

utes

fo

r our

mee

ting?

’ So

I too

k th

eir

min

utes

. At t

he n

ext m

eetin

g th

ey sa

id,

‘Cou

ld y

ou w

rite

our p

ress

rele

ase?

’ So

I wro

te u

p th

eir p

ress

rele

ase;

an

d be

fore

I kne

w it

, I w

as w

ritin

g co

rres

pond

ence

to p

arlia

men

taria

ns,

was

app

oint

ed sp

okes

pers

on a

nd g

ot

sent

to a

Con

vent

ion

on C

onve

ntio

nal

Wea

pons

trea

ty m

eetin

g in

Gen

eva.

(..

.) So

I rea

lized

that

this

adv

ocac

y ro

le

was

inev

itabl

e an

d by

then

I had

mad

e m

y pe

rson

al d

ecis

ion

that

this

wea

pon

is a

bhor

rent

, ind

iscr

imin

ate

and

inhu

man

e an

d th

at I s

houl

d no

t be

just

un

dert

akin

g an

aca

dem

ic e

xerc

ise

- I

coul

d be

mak

ing

a bi

gger

diff

eren

ce.

Wha

t was

new

abo

ut th

e la

ndm

ines

cam

paig

n?Th

e ke

y th

ing

abou

t the

land

min

es

cam

paig

n is

that

it is

not

ow

ned

by

‘expe

rts.’

Our

exp

erts

are

the

peop

le w

ho

have

bee

n bl

own

up b

y th

e w

eapo

n an

d ha

ve su

rviv

ed to

tell

this

tale

and

by

the

peop

le w

ho g

o ou

t eve

ry d

ay to

clea

r th

e w

eapo

n, a

s wel

l as p

eopl

e lik

e m

e w

ho h

ave

rese

arch

ed it

. Thi

s cam

paig

n be

long

s to

ordi

nary

peo

ple

who

mak

e ex

traor

dina

ry th

ings

hap

pen.

Why

not

leav

e it

up to

the

dipl

omat

s?D

iplo

mat

s neg

otia

te w

ith o

ther

na

tions

; the

y do

so o

n in

stru

ctio

ns

from

thei

r pol

itica

l lea

ders

hip

back

in

thei

r cou

ntry

. The

pol

itica

l lea

ders

hip

is g

oing

to a

ct o

nly

if th

ey a

re fo

rced

to

by th

e pe

ople

. So

the

only

way

to g

et

dipl

omat

s to

act i

s if t

here

is p

rodd

ing

from

pub

lic o

pini

on in

thei

r cou

ntrie

s.

How

we

got a

trea

tys.2d


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t


But h

ow d

oes

an o

rdin

ary

pers

on

who

car

es k

now

wha

t to

do?

Wel

l, lo

ok a

t wha

t hap

pene

d in

N

ew Z

eala

nd. A

per

son

wen

t to

an

inte

rnat

iona

l con

fere

nce

and

cam

e ba

ck a

nd ca

lled

a m

eetin

g. T

hat i

s one

th

ing

you

can

do: j

ust c

all a

mee

ting

and

see

who

show

s up.

Cal

l a m

eetin

g at

you

r loc

al sc

hool

, at y

our u

nive

rsity

or

in y

our t

own

and

get t

he d

iffer

ent

orga

niza

tions

ther

e th

at y

ou th

ink

mig

ht b

e in

tere

sted

in th

is is

sue.

In N

ew Z

eala

nd it

was

the

Uni

ted

Nat

ions

Ass

ocia

tion,

som

e of

the

war

ve

tera

ns a

ssoc

iatio

ns, e

nviro

nmen

tal

grou

ps li

ke G

reen

peac

e, h

uman

itaria

n or

gani

zatio

ns li

ke S

ave

the

Child

ren

and

Oxf

am a

nd th

e lo

cal R

ed C

ross

Soc

iety

.

Then

we

wer

e ve

ry lu

cky

beca

use

of th

e w

ork

of Jo

dy W

illia

ms a

s coo

rdin

ator

of

the

Inte

rnat

iona

l Cam

paig

n to

Ban

La

ndm

ines

, com

mun

icat

ing

wha

t ac

tiviti

es w

ere

taki

ng p

lace

in co

untr

ies

all a

roun

d th

e w

orld

– b

oth

by N

GO

s [n

on-g

over

nmen

tal o

rgan

izat

ions

] an

d by

gov

ernm

enta

l org

aniz

atio

ns.

How

did

the

NG

Os

wor

k to

geth

er

wit

h th

e co

untr

ies?

At th

e ve

ry b

egin

ning

of t

he ca

mpa

ign

it w

as im

port

ant t

o ge

t cov

erag

e in

the

med

ia, t

o ra

ise p

ublic

aw

aren

ess.

The

clar

ity a

nd th

e sim

plic

ity o

f wha

t we

wer

e ca

lling

for w

as im

port

ant –

a to

tal

ban

on th

e us

e, p

rodu

ctio

n, tr

ansf

er a

nd

stoc

kpili

ng o

f ant

i-per

sonn

el m

ines

.

Then

you

leav

e it u

p to

the p

eopl

e in

each

co

untry

to d

ecid

e wha

t the

y wan

t to

do in

te

rms o

f wor

king

with

thei

r gov

ernm

ent.

Ther

e’s n

o ki

nd o

f dire

ctiv

e fro

m a

bove

, bu

t Jod

y visi

ted

a lo

t of c

ount

ries.

Hav

ing

som

eone

from

out

side c

ome i

n ra

ised

the

leve

l of p

ublic

and

gov

ernm

ent a

ttent

ion.

She

wou

ld m

eet w

ith th

e fo

reig

n m

inis

ter,

the

prim

e m

inis

ter,

the

spea

ker o

f the

par

liam

ent,

the

min

iste

r of

def

ence

, as w

ell a

s the

hos

t of t

he

coun

try’s

cam

paig

n an

d N

GO

s.

She

wou

ld la

y ou

t, ‘T

his i

s wha

t peo

ple

are

doin

g in

tern

atio

nally

and

this

is

whe

re w

e’d re

ally

like

to se

e yo

ur h

elp.

’

Wha

t has

this

new

dip

lom

acy

achi

eved

?W

ell,

the

trea

ty w

as o

pen

to si

gnat

ure

in O

ttaw

a, C

anad

a, in

Dec

embe

r 19

97, a

nd 1

22 co

untr

ies c

ame

to si

gn

it; si

nce

then

the

num

ber h

as ri

sen

(...)

incl

udin

g m

any

form

er m

ine

prod

ucer

s an

d m

any

form

er m

ajor

use

rs o

f ant

i-pe

rson

nel m

ines

and

we

have

not

bee

n ab

le to

find

any

evi

denc

e th

at S

tate

s Pa

rtie

s are

usi

ng la

ndm

ines

any

mor

e.

Sour

ce: I

nter

view

with

Mar

y W

areh

am, s

enio

r ad

voca

te fo

r Hum

an R

ight

s Wat

ch, O

ctob

er 2

000.

How

we

got a

trea

tys.2d

Ou Neakiry/AP


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t


INTE

RVIE

W W

ITH

D

R RO

BIN

CO

UPL

AN

D

Wha

t led

you

to w

ork

for a

trea

ty

bann

ing

land

min

es?

One

of t

he fi

rst i

mag

es I r

emem

ber

whe

n I s

tart

ed m

y w

ork

as a

fiel

d su

rgeo

n w

ith th

e IC

RC [I

nter

natio

nal

Com

mitt

ee o

f the

Red

Cro

ss] i

n 19

87

was

so m

any

peop

le w

ith a

mpu

tatio

ns.

All t

hese

am

puta

tions

act

ually

resu

lted

from

peo

ple

bein

g in

jure

d by

ant

i-pe

rson

nel m

ines

. Afte

r abo

ut th

ree

year

s of fi

eld

surg

ery,

I rea

lized

that

I ha

d ha

d en

ough

of c

uttin

g off

thes

e da

mag

ed le

gs a

nd tr

ying

to h

eal t

he

stum

p, a

nd I d

ecid

ed th

at so

met

hing

re

ally

shou

ld b

e do

ne to

try

and

prev

ent

mor

e m

ines

bei

ng p

ut in

the

grou

nd.

How

did

you

get

invo

lved

?I d

ecid

ed th

e fir

st st

ep in

pre

vent

ion

was

to g

athe

r dat

a; so

I gat

here

d da

ta a

bout

a la

rge

num

ber o

f peo

ple

adm

itted

to o

ur h

ospi

tals.

The

se d

ata

wer

e w

ritte

n up

as t

he IC

RC e

xper

ienc

e of

min

e in

jurie

s as s

een

in o

ur h

ospi

tals

an

d w

as p

ublis

hed

in th

e ‘B

ritis

h M

edic

al Jo

urna

l.’ M

uch

to m

y su

rpris

e,

whe

n I t

hen

cam

e ba

ck to

Eur

ope,

I w

as n

ot a

sked

to g

o to

surg

ical

and

m

edic

al co

nfer

ence

s, I w

as a

sked

to

go to

inte

rnat

iona

l leg

al co

nfer

ence

s, an

d di

plom

atic

conf

eren

ces.

I rea

lized

th

at I h

ad su

dden

ly b

ecom

e an

‘exp

ert

witn

ess’

and

that

peo

ple

wan

ted

to

hear

my

test

imon

y.

Wha

t was

you

r rol

e in

the

wor

k to

ge

t a tr

eaty

?Th

e w

ork

that

the

ICRC

did

vis-

à-vi

s th

e ad

voca

cy p

roce

ss th

at b

ecam

e th

e tr

eaty

pro

hibi

ting

anti-

pers

onne

l m

ines

was

bui

lt on

four

pill

ars:

to

have

dat

a, to

be

cred

ible

, to

mak

e it

a pu

blic

conc

ern

and

to h

ave

imag

es.

My

role

in th

is, w

hat b

ecam

e kn

own

as a

cam

paig

n, w

as b

asic

ally

to

prov

ide

the

data

and

man

y of

the

early

ph

otog

raph

ic im

ages

, whi

ch th

en

fuel

led

the

cam

paig

n.

Wha

t diff

eren

ce d

id h

ealt

h w

orke

rs’ i

nput

mak

e?Th

e do

ctor

s, th

e nu

rses

, the

ph

ysio

ther

apis

ts, t

he li

mb

fitte

rs –

we

all p

laye

d a

role

by

show

ing

the

hum

an

impa

ct o

f the

se w

eapo

ns. B

ut it

’s no

t on

ly th

e im

pact

on

indi

vidu

als;

we

also

w

itnes

sed

the

impa

ct o

n so

ciet

y, su

ch

as re

turn

ing

refu

gees

. We

wer

e ab

le

to sh

ow w

ith ‘h

ard

data

’ tha

t peo

ple

on th

e m

ove

are

at g

reat

risk

of i

njur

y fro

m a

nti-p

erso

nnel

min

es, e

spec

ially

re

fuge

es re

turn

ing

hom

e af

ter a

war

.

Imag

ine

havi

ng tr

avel

led

for m

any

days

and

fina

lly a

rriv

ing

hom

e an

d th

en o

ne m

embe

r of y

our f

amily

stan

ds

on a

min

e th

at h

as b

een

left

in th

e ga

rden

. Ins

tanc

es li

ke th

at ca

n st

op a

w

hole

refu

gee-

retu

rn p

rogr

amm

e.

Wha

t par

t did

ord

inar

y pe

ople

pla

y?

One

of t

he u

niqu

e th

ings

abo

ut th

is

trea

ty w

as th

at th

e pr

oces

s was

driv

en

by c

ivil

soci

ety.

So

the

mob

iliza

tion

of p

ublic

opi

nion

was

an

esse

ntia

l co

mpo

nent

of t

he ca

mpa

ign.

Wha

t eff

ect h

as th

e ba

n on

ant

i-pe

rson

nel m

ines

had

?Th

ere’s

no

doub

t tha

t the

com

bina

tion

of th

e ad

voca

cy ca

mpa

ign

and

the

trea

ty h

as h

ad a

ver

y im

port

ant e

ffect

. It

goes

bey

ond

only

thos

e co

untr

ies

that

hav

e si

gned

the

Conv

entio

n, in

th

at th

e co

untr

ies w

ho h

ave

not,

I be

lieve

, wou

ld b

e m

uch

less

like

ly to

us

e an

ti-pe

rson

nel m

ines

bec

ause

of

the

advo

cacy

cam

paig

n, w

hich

ev

entu

ally

led

to th

e tr

eaty

...

Sour

ce: I

nter

view

with

Dr R

obin

Cou

plan

d, su

rgeo

n an

d m

edic

al a

dvis

er, I

CRC,

Nov

embe

r 200

5.

How

we

got a

trea

tyQ

uest

ions

:>

How

wer

e or

dina

ry p

eopl

e ab

le

to g

et p

eopl

e in

pow

er to

list

en?

> W

hat o

bsta

cles

did

they

ov

erco

me?

> W

hat e

ffec

t has

the

proh

ibit

ion

of a

nti-p

erso

nnel

m

ines

had

?>

Has

the

trea

ty h

ad a

n im

pact

w

here

you

live

?>

Do

you

know

any

one

who

has

pa

rtic

ipat

ed in

the

cam

paig

n to

ban

land

min

es? W

hat d

id

he o

r she

do?

s.2d


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

STUDENTRESOURCE2D.10

IHL

rule

s on

cer

tain

oth

er w

eapo

ns

Biol

ogic

al

wea

pons

Gov

ernm

ents

mus

t:

•

Not

use

, dev

elop

, pro

duce

, sto

ckpi

le o

r tr

ansf

er b

iolo

gica

l wea

pons

•

Des

troy

or c

onve

rt to

pea

cefu

l use

s al

l bi

olog

ical

wea

pons

with

in n

ine

mon

ths

of

join

ing

the

trea

ty

– Pr

otoc

ol o

n As

phyx

iatin

g, P

oiso

nous

or o

ther

Gas

es,

1925

, Con

vent

ion

on B

iolo

gica

l Wea

pons

, 197

2

Chem

ical

w

eapo

nsG

over

nmen

ts m

ust:

•

Not

use

, dev

elop

, pro

duce

, sto

ckpi

le o

r tr

ansf

er c

hem

ical

wea

pons

•

Des

troy

all

chem

ical

wea

pons

with

in 1

0 ye

ars

of jo

inin

g th

e tr

eaty

– Pr

otoc

ol o

n As

phyx

iatin

g, P

oiso

nous

or o

ther

G

ases

, 192

5, C

onve

ntio

n on

Che

mic

al W

eapo

ns, 1

993

Ince

ndia

ry

wea

pons

Gov

ernm

ents

and

arm

ed g

roup

s m

ust:

•

Not

use

ince

ndia

ry w

eapo

ns a

gain

st

civi

lians

•

Not

use

ince

ndia

ry w

eapo

ns to

att

ack

mili

tary

obj

ecti

ves

loca

ted

in c

ivili

an a

reas

– Pr

otoc

ol II

I to

the

Conv

entio

n on

Cer

tain

Co

nven

tiona

l Wea

pons

, 198

0

Blin

ding

lase

r w

eapo

nsG

over

nmen

ts a

nd a

rmed

gro

ups

mus

t:

•

Not

use

blin

ding

lase

r wea

pons

Gov

ernm

ents

mus

t:

•

Take

all

poss

ible

pre

caut

ions

to a

void

ca

usin

g pe

rman

ent b

lindn

ess

whe

n th

ey u

se

othe

r las

er s

yste

ms,

•

Not

tran

sfer

blin

ding

lase

r wea

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otoc

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to th

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nven

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erta

in

Conv

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995

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Toda

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ere

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and

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vers

al

proh

ibiti

on o

n th

e us

e of

nuc

lear

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pons

. H

owev

er, t

he In

tern

atio

nal C

ourt

of J

ustic

e ha

s co

nclu

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that

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thre

at o

r use

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ucle

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eapo

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n ge

nera

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con

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the

rule

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d pr

inci

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of i

nter

natio

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uman

itaria

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viso

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pini

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thre

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nuc

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ly 1

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Inte

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f Jus

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s.2d


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STUDENTRESOURCE2D.11

A s

tand

take

n by

Bel

gian

in

vest

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t com

pani

es

ING

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larg

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in 2

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that

it w

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in th

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mai

nten

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, or

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e of

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ition

s. In

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will

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er in

vest

in

thes

e co

mpa

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. Ano

ther

larg

e ba

nk in

Bel

gium

, KBC

, has

als

o ta

ken

a st

and.

It w

ill n

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nger

ext

end

cred

it to

man

ufac

ture

rs o

f clu

ster

m

uniti

ons

and

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buy

sha

res

in s

uch

com

pani

es. S

hare

s in

thes

e co

mpa

nies

will

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o be

exc

lude

d fr

om th

e in

vest

men

t fun

ds th

at th

e ba

nk o

ffers

its

clie

nts.

Sour

ce: E

ndin

g in

vest

men

t in

clus

ter m

uniti

on

prod

ucer

s, Jo

int S

tate

men

t by

Han

dica

p In

tern

atio

nal,

Hum

an R

ight

s Wat

ch a

nd N

etw

ork

Vlaa

nder

en, A

pril

2005

(htt

p://

hrw

.org

/eng

lish/

docs

/200

5/04

/07/

belg

iu10

427.

htm

).

A h

isto

ric

deci

sion

by

the

m

edic

al p

rofe

ssio

nIn

199

6, th

e W

orld

Med

ical

A

ssoc

iatio

n (W

MA

) dec

ided

that

the

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pro

fess

ion

shou

ld tr

eat t

he

effec

ts o

f wea

pons

as

a gl

obal

and

pr

even

tabl

e he

alth

issu

e.

As

a co

nseq

uenc

e of

this

his

toric

de

cisi

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he W

MA

:

• su

ppor

ts in

tern

atio

nal e

ffort

s to

mea

sure

the

effec

ts o

f wea

pons

no

w a

nd in

the

futu

re, i

n or

der t

o st

op th

e de

velo

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in

med

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tech

nolo

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used

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calls

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edic

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ssoc

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ns

to su

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to th

e eff

ects

on

pub

lic h

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of w

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ay

beco

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g-te

rm

heal

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on th

e de

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r A

nder

s M

ilton

, cha

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of t

he W

MA

Co

unci

l, sa

id:

Toda

y’s d

ecis

ion

is a

dec

lara

tion

to a

ll do

ctor

s tha

t the

y ha

ve a

resp

onsi

bilit

y be

yond

trea

ting

the

indi

vidu

al

wou

nded

per

son

and

mus

t uni

te in

ta

king

a p

reve

ntat

ive

appr

oach

to th

e eff

ects

of w

eapo

ns.

Sour

ce: W

orld

Med

ical

Ass

ocia

tion

pres

s re

leas

e,

25 O

ctob

er 1

996

(htt

p://

ww

w.w

ma.

net/

e/pr

ess/

1996

_2.h

tm).

An

init

iati

ve b

y th

e IC

RC

In S

epte

mbe

r 200

2, th

e IC

RC is

sued

an

app

eal o

n ‘B

iote

chno

logy

, W

eapo

ns a

nd H

uman

ity.’ I

t cal

led

on g

over

nmen

ts, t

he sc

ient

ific

com

mun

ity, t

he b

iote

chno

logy

in

dust

ry a

nd c

ivil

soci

ety

to e

nsur

e th

at a

dvan

ces i

n th

e lif

e sc

ienc

es a

re

used

onl

y to

ben

efit h

uman

ity a

nd

not f

or h

ostil

e pu

rpos

es. I

t urg

ed a

ll th

ese

grou

ps to

wor

k to

geth

er to

pr

ovid

e eff

ectiv

e co

ntro

l of p

oten

tially

da

nger

ous i

nfor

mat

ion

by:

• re

gula

ting

rese

arch

that

may

le

nd it

self

to m

isus

e an

d su

perv

isin

g in

divi

dual

s w

ith

acce

ss to

pot

entia

lly d

ange

rous

te

chno

logi

es;

• ad

optin

g co

des

of c

ondu

ct fo

r sc

ient

ists

and

com

pani

es in

ord

er

to p

reve

nt th

e m

isus

e of

bi

olog

ical

age

nts;

• ad

dres

sing

this

sub

ject

in s

cien

tific

and

med

ical

edu

catio

n.

Sour

ces:

The

ICRC

’s Ap

peal

on

Biot

echn

olog

y,

Wea

pons

and

Hum

anity

, Sep

tem

ber 2

002,

and

the

ICRC

’s Pr

inci

ples

of P

ract

ice

on k

ey e

thic

al is

sues

re

late

d to

the

life

scie

nces

.

Taki

ng a

ctio

n: S

ome

exam

ples

s.2d

http://hrw.org/english/docs/2005/04/07/belgiu10427.htm










http://www.wma.net/e/press/1996_2.htm









Exploring Humanitarian Law2E: WIDESPREAD AVAILABILITY OF WEAPONSEHL 70

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2eWhereas Exploration 2D presented issues related to limits set by international humanitarian law (IHL) on certain weapons, in Exploration 2E students study the problem of unregulated availability of small arms and

light weapons around the world. They examine the impact of these weapons upon civilians, and proposals for coping with related problems.

OBJECTIVES• torecognizethatoneofthemajorthreatstociviliansinarmedconflictstodaycomesfromsmallarmsandlightweapons

• toconsiderhowtheeasyaccesstoweaponsandammunitionbyavarietyofgroupsmakesitmoredifficulttoensurerespectforIHL

• tounderstandthatgovernmentshavearesponsibilitytocontroltheavailabilityofweapons• toconsiderideasforactionatthelocal,nationalandinternationallevelsforreducinguncontrolledavailabilityandmisuseofweapons

2E TEACHER

RESOURCES

2E.1 Humancostsofunregulatedarmsavailability

STUDENT2E RESOURCES

2E.2 Photo:Questionsaboutwhatyousee2E.3 Voicesonthehumancostsofunregulated

armsavailability2E.4 Worksheet:Whocan/shoulddowhat?2E.5 Takingaction:Someexamples

PREPARATION

Plan to assign “Taking action: Some examples” (to be used in step 5) as homework at the end of your first class session.

In the Methodology Guide, review teaching methods 1 (Discussion), 6 (Using stories, photos and videos), 7 (Writing and reflecting), 8 (Interviewing), 9 (Small groups) and 10 (Gathering stories and news).

TIME

Two 45-minute sessions

2E: Widespread availability of weapons

71Exploring Humanitarian Law2E: WIDESPREAD AVAILABILITY OF WEAPONSEHL

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2e1. QUESTIONS A PHOTO RAISES (15 minutes)

Give students a few minutes to study the photo in “Questions about what you see.” Tell them to focus on the details as well as on the photo as a whole and then to write down two or three questions about what they see.

STUDENT2E.2 RESOURCES

Have students share some of their questions, and write them down where all can see.[For example: Who is he? Why does he have a gun? How did he get the gun? What is he thinking or feeling? What will he do with the gun?]

Ask students to choose one question from among all that have been listed about the boy. Have them write down as many answers as they can in five minutes.

2. SMALL ARMS = BIG PROBLEM? (10 minutes)Explain to students that the term ‘small arms and light weapons’ or just ‘small arms’ is used to describe weapons that can be handled by a single person or a small group. Assault rifles, machine-guns, mortars, grenade launchers and portable anti-tank and anti-aircraft guns are examples of such weapons.

Then introduce the subject of the proliferation of small arms by having students reflect on the following statement:

The death toll from small arms dwarfs that of all other weapons systems – and in most years greatly exceeds the toll of the atomic bombs that devastated Hiroshima and Nagasaki. In terms of the carnage they cause, small arms, indeed, could well be described as ‘weapons of mass destruction.’– Kofi Annan, Millennium Report of the Secretary-General of the United Nations, 2000

Give them a few minutes to write down their thoughts. Then ask a few students to share their ideas with the rest of the class.

Possible question:

> In images from recent armed conflicts, what small arms and light weapons have you seen being used against people?

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2e The exploration

3. WHO HAS THESE WEAPONS? WHY? (20 minutes)Present the idea of a ‘concept wheel’ with a question in the centre and answers on the spokes.

Lead the class in suggesting answers to put on the spokes of the concept wheel for the following question:

> Who has these weapons?

The class could develop a wheel that looks something like this:

Throughout this activity, students can draw ideas from their earlier writing about the photo and the statement of Kofi Annan used in step 2.

Have the class work in small groups to develop concept wheels for the following question:

> Why do they have these weapons? [For example, security reasons, hobby, fighting, profession, committing crimes, earning

money, community pressure, fear, tradition, status]

Reconvene the class and have the groups use their work to contribute to a concept wheel for the whole class.

Possible questions:

> What are the legitimate uses of these weapons? > What uses of these weapons are not legitimate?

In my village, every man has a gun of his own. Now if you don’t have one for yourself then, ‘Yu nogat nem’ – you don’t have a name in the village. Your wife can be raped. They can steal, they can do anything to you.– Francis Danga, Papua New Guinea

Military

Police

Hunters

Securit

y guards

Soldiers

Arms dealers

Rebe

ls

Criminals

WHO

Military

Police

Hunters

Securit

y guards

Soldiers

Arms dealers

Rebe

ls

Criminals

WHO


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2e4. WHAT IMPACT DOES THIS SITUATION HAVE ON PEOPLE’S LIVES? (15 minutes)

Have students read “Voices on the human costs of unregulated arms availability,” and ask them to develop a third concept wheel on human costs, listing the ways in which the widespread availability of arms may affect people’s lives and their livelihoods.

2E.1 TEACHER

RESOURCES


Then discuss the humanitarian impacts that they have identified. (Students may add ideas to all three concept wheels during this discussion.) [For example: civilian casualties, public security, criminality, violence against children, economic development, health and health care, humanitarian aid]

Possible questions:

> Why are weapons easily available in many parts of the world?> What impact does the unregulated availability of weapons have on different

groups (e.g. children, women, men)?> What effect might the widespread availability of weapons have in countries or in

regions where no armed conflict is taking place? In what ways? [For example: armed violence in the form of criminality; risk of violence spreading to

other areas; threat to economic development; countries supporting armed conflict or violence elsewhere; the growing role of arms producing and exporting countries]

One half billion light weapons are circulating throughout the world - one for every 12 people...these arms are cheap, readily available, and easy to use. An AK-47 (Kalashnikov) assault rifle costs as little as the price of a chicken in Uganda or a bag of maize in Mozambique.– UNICEF

5. HOW CAN THE PROBLEM BE TACKLED? (25 minutes)Point out to students that there is no simple solution. In fact, three key issues have to be dealt with:

NOTE

In this exploration, ‘misuse’ refers to any use of weapons in violation of IHL and human rights law.

Weapons –––––> the need to deal with the issue of their AVAILABILITY

Users –––––> the need to prevent the MISUSE of weapons

Victims –––––> the need to reduce the VULNERABILITY of victims

Ask students to develop ideas on how these three issues should be tackled. Distribute the worksheet “Who can/should do what?” to help them.


Using the same structure as the worksheet, record the ideas that students propose where all can see.

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2eHave students draw on “Taking action: Some examples” to look for ideas that have been tried and to stimulate them to think of additional ideas.


After they have suggested a number of ideas, ask the class to identify those that could be implemented in each of the following situations:

• Before armed conflict (preventive measures when there is a risk of armed conflict);• During armed conflict;• After armed conflict has ended;• Beyond armed conflict [For example in places where no armed conflict is taking place, but that are affected by other

forms of violence; countries that produce or trade in weapons.]

6. CLOSE (5 minutes)

Using “Taking action: Some examples,” ask students to identify actions taken at:• international level;• regional level;• national level;• local level.


! KEY IDEAS

• The widespread availability and misuse of small arms pose a threat to civilians and make it more difficult to ensure respect for IHL.

• A comprehensive approach is needed to address the problem. This includes measures to restrict the availability of weapons, to decrease their misuse and to reduce the vulnerability of victims.

...safety and security don’t just happen; they are the result of collective consensus and public investment.– Nelson Mandela

To enhance the protection of civilians during and after armed conflicts, stricter controls are required to prevent easy access to arms and ammunition by those likely to violate international humanitarian law. (...) Complementary efforts must be made to influence the behaviour of those bearing weapons and to protect and assist the victims. -ICRC Background Paper, 2006

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2eExtension activities

REFLECTION AND ESSAY Look again at the question and answers you wrote about the photo and what you wrote in response to the statement at the beginning of this exploration. What do you think now? Write an essay in response to the opening statement.

CULTURE Find examples of the use of guns from your culture (in photos, movies, songs, etc.).

> What roles do weapons play in different cultures? Why might young people carry or own weapons?

> How can their allure to young people be lessened?

DEBATE Debate the following question:

> Should weapons be treated as simply another type of commercial commodity to be governed by the laws of supply and demand?

RESEARCHProject 1: How are young people affected by small arms?

Statistics show that young people, particularly young men, are among the primary victims as well as the primary perpetrators of armed violence.

> What, according to researchers, are some of the reasons for this?> What could be done to address this situation?> What are the differences in the ways that girls and boys are affected by armed violence?> How do girls and boys in your area regard the use of guns and what, according to them

should be done about gun violence?

Conduct a poll or series of interviews to find out.

Project 2: Are the unregulated availability of arms and armed violence problems in the area where you live?

> What are the effects? Which groups are at risk from this violence and how are they affected?> Are these problems in your area? Why? Why not? > What could be done to reduce these problems in your area?


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2eT.2ETEACHERRESOURCE (1/2)2E.1

Human costs of unregulated arms availability

AVAILABILITY OF SMALL ARMS Assault rifles, machine guns, grenades, mortars, portable anti-tank and anti-aircraft weapons are among the most commonly used weapons in armed conflicts. They are often referred to collectively as ‘small arms and light weapons’ or just ‘small arms.’ Even though they are the weapons that are most frequently used to target civilians in violation of international humanitarian law (IHL), there are few international rules to control their availability. As a result, a wide variety of actors have easy access to them: armed groups, criminal organizations, civilians and even children.

Small arms have certain characteristics that contribute to their wide availability and use.

• They can be carried and operated by a single person or by a small crew.

• Because they are easy to use, very little training is required to operate some of these weapons. They are widely used in conflicts involving combatants with little or no instruction, such as child soldiers.

• They are comparatively cheap. In some countries, an assault rifle can be bought for less than 15 US dollars, or even for a bag of maize. Small arms are produced all over the world and there are hundreds of millions of such weapons already in circulation.

• Because they are easy to maintain and extremely durable (an assault rifle may last for 20 to 40 years or more), such weapons are often passed from one conflict zone to another.

• Because some of them are easy to conceal, smuggling, or transporting, them across borders and into conflict areas is often quite simple.

Unlike weapons that have been banned because they violate the basic rules of IHL – such as anti-personnel mines – small arms are not unlawful weapons per se. Most small arms have legitimate uses, such as law enforcement and national defence. Banning them is therefore not the solution. What is required instead is adequate regulation of their availability and use.

SUFFERING OF CIVILIANS • Duringarmedconflict The widespread availability of weapons can add to the

suffering of civilians during armed conflicts in a number of ways. Easy access to weapons makes it more possible not just to kill and injure civilians, but also to intimidate, rape or coerce people to flee their homes and forcibly recruit children as combatants. Residents of refugee camps are often at risk from intimidation, assault and murder. Also, disease, starvation and violence often increase when humanitarian organizations are prevented from providing aid due to insecure conditions and threats against them. The availability of weapons and ammunition can also affect the intensity, lethality and duration of an armed conflict.

• Afterarmedconflict The unregulated availability of weapons can prolong

the suffering of civilians after armed conflicts. Even after an armed conflict has ended, huge numbers of military weapons may remain in circulation among former fighters and civilians. This can add to and keep alive tensions among former warring parties, hamper efforts at reconciliation and make it more difficult to establish peace. Tension and mistrust may persist as long as people remain armed. The widespread availability of weapons can also undermine the rule of law; it makes it easier for criminal groups, for instance, to intimidate or harm others. In many post-conflict settings, there are, typically, few economic opportunities or prospects for employment. Out of necessity, people in such circumstances may use their weapons to commit crimes in order to earn a living.

• Beyondarmedconflict However, it is not only during war or its aftermath that

people are affected by the widespread availability of arms, armed violence and insecurity. They may be made insecure by high rates of crime, criminal organizations or gang violence. In certain areas regarded as being ‘at peace,’ the rates of death and injury caused by armed violence are among the highest in the world. According to the World Bank, violence is among the five main causes of death in Latin America, and is the principal cause of death in Brazil, Colombia, El Salvador, Mexico and Venezuela. Much of this violence is committed with firearms. Of these countries, Colombia is the only one in which an armed conflict is taking place.


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2eTEACHERRESOURCE (2/2)2E.1

CONSEQUENCES OF ARMED VIOLENCE AT LARGEIn addition to its direct human costs, the armed violence and insecurity caused by the unregulated availability of arms also has serious socio-economic consequences, for the victims and their families and for the wider society. Its effects can be felt in many different areas, from trade and agriculture to social services like education and health care. Armed conflict and other forms of armed violence can hinder economic activity because people may be unable to follow their customary occupations. Armed violence in a country can also keep foreign investors and tourists away.

The treatment of injuries caused by weapons can place a heavy burden on a country’s health-care services. Victims often require expensive and specialized treatment, including surgery, prolonged periods of hospitalization and physical and psychological rehabilitation. Most countries affected by armed conflict and high levels of armed violence are developing countries where resources are already scarce.

The World Health Organization has documented the devastating consequences of armed violence on the health sector in general. Hospitals and clinics may be damaged, it may be difficult to find qualified personnel and the supply of medical equipment and medicine can be disrupted. This significantly increases the risk of infectious diseases, reproductive and pre-natal problems, malnutrition and other health problems.

A COMPREHENSIVE SOLUTION IS ESSENTIALThere is no simple solution to the problem of the unregulated availability and widespread misuse of weapons. Therefore, a comprehensive response, at the international, national and community levels, is required. While responsibility for tackling the issue rests mainly with governments, other actors – including international organizations and civil society – can also contribute.

Stricter controls are required to prevent easy access to arms and ammunition for those likely to violate IHL. Possible actions may include:

• implementing existing international and regional instruments, such as the UN Programme of Action on Small Arms and Light Weapons;

• preventing the arms trade from reaching places where weapons are likely to be instrumental in violations of IHL, and punishing those who unlawfully traffic in weapons;

• reducing the number of weapons in circulation after conflicts by collecting and disposing of those that are no longer needed;

• ensuring strict regulations on the availability of ammunition, as this could have an even greater and a more immediate impact than regulating the availability of the weapons themselves.

Measures should also be taken to prevent the unlawful use of weapons and to address the complex factors (the so-called ‘demand factors’) that drive people to acquire weapons and to use them to harm others. Possible actions may include the following:

• training those who use weapons for legitimate purposes, such as members of the military and the police, to do so responsibly and in accordance with international rules, including IHL;

• supporting the demobilization and reintegration of ex-combatants, through education and job training that can provide them with alternative means of earning their livelihood;

• promoting non-violent methods of resolving conflicts.

Finally, the protection of civilians must be enhanced so that they may be less vulnerable in situations of violence. This may also reduce the demand for weapons, as fear and insecurity often drive civilians to acquire weapons for self-defence. Possible actions may include:

• restructuring and strengthening the capacity of police and security forces to make them more effective and accountable and to build the public’s trust in them;

• providing safe access to water, fuel and other necessities to groups at risk from armed violence;

• supporting adequate care and rehabilitation for victims of armed violence to minimize the physical, psychological and socio-economic consequences they might suffer.

Sources: World Bank, Latin America, Preventing Urban Crime and Violence (http://www.worldbank.org). Securing Development: UNDP’s Support for Addressing Small Arms Issues, UNDP, New York, 2005. World Report on Violence and Health, World Health Organization, Geneva, 2002. Arms Availability and the Situation of Civilians in Armed Conflict, ICRC, Geneva, 1999.

T.2E Human costs of unregulated arms availability

http://www.worldbank.org


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2eSTUDENTRESOURCE2E.2

Que

stio

ns a

bout

wha

t you

see

s.2EBoris Heger/ICRC

Ayac

ucho

, Toc

casq

uese

ra v

illag

e, P

eru.


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Voic

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Sour

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Put

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.con

trol

arm

s.org

).

They

wer

e sh

owin

g us

gun

s so

that

if

we

don’

t do

thes

e th

ings

– sl

eep

with

them

and

cook

for t

hem

–

they

will

kill

us.

– a

refu

gee

To su

rviv

e, I g

row

cabb

ages

and

le

eks a

nd se

ll the

m in

the

mar

ket.

Ofte

n th

ere’s

a m

ilita

ry a

lert

or a

gu

nsho

t, an

d th

e m

arke

t is e

mpt

y in

min

utes

. Lot

s of m

y cab

bage

s are

st

olen

in m

y fiel

d–no

body

can

sleep

in

his

field

s eve

ry n

ight

.–

a fa

rmer

Philippe Merchez/ICRC

Ther

e are

inci

dent

s lik

e whe

n th

e he

alth

cent

re w

as in

the m

iddl

e of

cros

sfire

bet

wee

n ga

ngs.

Or l

ike

whe

n ga

ngs p

oste

d sn

iper

s in

key

plac

es w

ho sh

ot a

t peo

ple a

rrivi

ng

or le

avin

g th

e hea

lth ce

ntre

s. Al

l th

is m

akes

our

staff

afra

id; o

n on

e oc

casio

n th

e doc

tor’s

car w

as sh

ot a

t. An

othe

r tim

e, th

e sta

ff ha

d to

rem

ain

insid

e due

to th

e sho

otin

g ou

tsid

e.–

a he

alth

wor

ker

Michèle Mercier/ICRC

If yo

u ha

ve to

giv

e up

the

grea

ter

part

of w

hat y

ou e

arn

thro

ugh

shee

r har

d w

ork

to a

nyon

e w

ho

com

es w

ith a

gun

, wha

t is t

he

poin

t of w

orki

ng a

t all?

–

a w

orke

r

It is

like w

e are

mop

ping

the fl

oor

with

the t

aps o

n. It

take

s five

min

utes

to

show

er b

ulle

ts, b

ut it

take

s thr

ee

hour

s and

imm

ense

reso

urce

s to

repa

ir ea

ch p

erso

n.

– a

surg

eon

The

men

who

shot

thes

e gi

rls

cons

ider

them

selv

es o

utsi

de th

e la

w. T

hey

carr

y gu

ns a

s mal

e je

wel

lery

.–

a he

alth

wor

ker

Teun Anthony Voeten/ICRC

We

do n

ot h

ave

any

toys

to p

lay

with

...so

we

mak

e a

gun

out o

f so

me

stic

ks...

and

that

is h

ow w

e pl

ay. I

can

dism

antle

my

fath

er’s

T56.

Som

etim

es m

y fa

ther

tells

m

e to

cle

an h

is g

un. N

ow I a

m

quite

skill

ed a

t dis

man

tling

and

re

asse

mbl

ing

the

gun.

(...)

My

mai

n am

bitio

n is

to jo

in th

e ar

my.

– a

child

Charles J. Page/ICRC

http://www.hdcentre.org




http://www.controlarms.org





Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t


Who

can

/sho

uld

do w

hat?

s.2EId

eas

for a

ctio

n

Issu

esW

ho c

ould

try?

Doi

ng w

hat?

Avai

labi

lity

of w

eapo

ns

Mis

use

of w

eapo

ns

Vuln

erab

ility

of v

ictim

s

Worksheet


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

2eSTUDENTRESOURCE (1/2)2E.5

Post-con

flictdisar

mam

ent

As

the

civi

l war

in C

ambo

dia

drew

to

a cl

ose

afte

r alm

ost t

hree

dec

ades

, hu

ge q

uant

ities

of w

eapo

ns w

ere

still

in c

ircul

atio

n, m

any

of th

em in

th

e ha

nds

of c

ivili

ans.

To d

eal w

ith

this

pro

blem

, the

gov

ernm

ent,

with

th

e su

ppor

t of t

he E

urop

ean

Uni

on,

Japa

n, a

nd o

ther

s, un

dert

ook

a co

mpr

ehen

sive

wea

pons

con

trol

an

d re

duct

ion

stra

tegy

. Ove

r a

perio

d of

sev

eral

yea

rs, a

wid

e ra

nge

of m

easu

res

has

been

take

n:

stric

t new

law

s on

gun

ow

ners

hip,

th

e co

llect

ion

of w

eapo

ns fr

om

com

mun

ities

in e

xcha

nge

for

deve

lopm

ent p

roje

cts,

dest

ruct

ion

of e

xces

s w

eapo

ns, p

ublic

aw

aren

ess

prog

ram

mes

and

a s

tock

pile

re

gist

ratio

n an

d sa

fe s

tora

ge s

chem

e fo

r the

mili

tary

and

the

polic

e.

Uni

ted

Nat

ions

Pro

gram

me

of A

ctio

n In

200

1, th

e U

nite

d N

atio

ns

orga

nize

d a

glob

al C

onfe

renc

e on

the

Illic

it Tr

ade

in S

mal

l Arm

s an

d Li

ght

Wea

pons

. At t

he m

eetin

g, S

tate

s ag

reed

on

a pr

ogra

mm

e of

act

ion,

w

hich

enc

oura

ges

gove

rnm

ents

to

intr

oduc

e be

tter

con

trol

s on

sm

all

arm

s an

d lig

ht w

eapo

ns, i

nclu

ding

:

• co

ntro

lling

thei

r pro

duct

ion

an

d tr

ansf

er;

• en

surin

g th

at w

eapo

ns in

the

gove

rnm

ent’s

pos

sess

ion

are

prop

erly

m

anag

ed a

nd st

ored

secu

rely

;•

colle

ctin

g an

d de

stro

ying

wea

pons

af

ter a

n ar

med

con

flict

;•

rais

ing

awar

enes

s of

the

cons

eque

nces

of t

he il

licit

trad

e in

sm

all a

rms;

• co

oper

atin

g w

ith o

ther

gov

ernm

ents

to

add

ress

this

prob

lem

.

Ever

y tw

o ye

ars

gove

rnm

ents

mee

t to

ass

ess

the

prog

ress

that

has

bee

n m

ade

in p

uttin

g th

e Pr

ogra

mm

e of

Ac

tion

into

effe

ct.

Regi

onal

coo

pera

tion

M

any

gove

rnm

ents

are

coo

pera

ting

thro

ugh

regi

onal

org

aniz

atio

ns to

ta

ckle

the

issue

of t

he u

nreg

ulat

ed

avai

labi

lity

of a

rms.

The

first

regi

onal

ag

reem

ent i

n th

is re

gard

was

ado

pted

in

199

7 by

cou

ntrie

s in

the

Amer

icas

. Ag

reem

ents

on

the

cont

rol o

f sm

all

arm

s hav

e al

so b

een

esta

blish

ed b

y or

gani

zatio

ns o

n ot

her c

ontin

ents

, in

clud

ing

in A

frica

and

in E

urop

e.

Thes

e tr

eatie

s req

uire

gov

ernm

ents

to

stre

ngth

en la

ws a

nd re

gula

tions

in

are

as su

ch a

s arm

s pro

duct

ion,

tr

ansf

er o

f wea

pons

, civ

ilian

ow

ners

hip

of w

eapo

ns a

nd st

orag

e of

wea

pons

be

long

ing

to th

e go

vern

men

t.

An

inte

rnat

iona

l arm

s tr

ade

trea

tyIn

late

200

3, a

gro

up o

f non

-go

vern

men

tal o

rgan

izat

ions

(NG

Os)

, le

d by

the

Inte

rnat

iona

l Act

ion

Net

wor

k on

Sm

all A

rms

and

Am

nest

y In

tern

atio

nal,

laun

ched

a c

ampa

ign

for a

trea

ty o

n th

e in

tern

atio

nal a

rms

trad

e. T

heir

aim

is th

e cr

eatio

n of

an

agr

eem

ent t

hat w

ould

est

ablis

h

com

mon

sta

ndar

ds fo

r int

erna

tiona

l ar

ms

tran

sfer

s an

d de

fine

the

situ

atio

ns in

whi

ch a

rms

tran

sfer

s sh

ould

not

be

appr

oved

. Und

er th

e tr

eaty

that

is e

nvis

aged

, a tr

ansf

er

wou

ld n

ot b

e au

thor

ized

if it

wou

ld

viol

ate

Stat

es’ o

blig

atio

ns u

nder

in

tern

atio

nal l

aw, a

nd if

the

wea

pons

be

ing

tran

sfer

red

wer

e lik

ely

to b

e us

ed to

com

mit

serio

us v

iola

tions

of

hum

an ri

ghts

or i

nter

natio

nal

hum

anita

rian

law

(IH

L). G

over

nmen

ts

have

agr

eed

to b

egin

dis

cuss

ions

in

2008

on

the

poss

ibili

ty o

f ado

ptin

g su

ch a

trea

ty.

An

econ

omic

mea

sure

Som

e ha

ve p

ropo

sed

that

go

vern

men

ts le

vy a

tax

on a

ll sa

les

of a

rms a

nd a

mm

uniti

on. S

uch

a ta

x w

ould

be

like

the

taxe

s im

pose

d on

al

coho

l, tob

acco

, airl

ine

ticke

ts a

nd

cars

. It h

as a

lso b

een

prop

osed

that

th

e pr

ocee

ds o

f suc

h a

tax

be c

olle

cted

in

a g

loba

l fun

d an

d us

ed to

alle

viat

e po

vert

y an

d pr

omot

e de

velo

pmen

t.

Taki

ng a

ctio

n: S

ome

exam

ples

s.2E


Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

2eW

omen

aga

inst

gun

sIn

Bra

zil,

firea

rms a

re th

e le

adin

g ca

use

of d

eath

for p

eopl

e be

twee

n th

e ag

es o

f 15

and

29. B

oys a

nd y

oung

m

en m

ake

up th

e ov

erw

helm

ing

maj

ority

of v

ictim

s in

this

age

gro

up.

In re

spon

se to

this

situ

atio

n, th

e Br

azili

an a

nti-v

iole

nce

orga

niza

tion,

Vi

va R

io, o

rgan

ized

a w

omen

’s ca

mpa

ign

agai

nst g

un v

iole

nce

calle

d ‘C

hoos

e G

un-fr

ee! I

t’s y

our W

eapo

n or

Me.’

The

aim

was

to g

et w

omen

to

spea

k ou

t aga

inst

mal

e vi

olen

ce a

nd

to e

ncou

rage

thei

r hus

band

s, so

ns,

fath

ers a

nd b

oyfr

iend

s not

to c

arry

an

d us

e w

eapo

ns.

Alt

erna

tive

s to

vio

lenc

eIn

resp

onse

to tr

ibal

vio

lenc

e in

th

e so

uth

of P

apua

New

Gui

nea,

a

peac

e co

mm

issi

on w

as e

stab

lishe

d.

It w

as c

haire

d by

bis

hops

from

th

e Ca

thol

ic a

nd U

nite

d Ch

urch

es

and

a lo

cal b

usin

essm

an. T

he

Com

mis

sion

med

iate

d a

peac

e ag

reem

ent b

etw

een

the

trib

es. T

his

incl

uded

pro

visi

ons

for a

ltern

ativ

e m

etho

ds fo

r res

olvi

ng c

onfli

cts,

such

as ‘

com

pens

atio

n pa

ymen

ts,’

publ

ic a

polo

gies

and

exp

ress

ions

of

regr

et. A

num

ber o

f oth

er

com

mitm

ents

wer

e al

so m

ade;

th

ey in

clud

ed p

uttin

g al

l wea

pons

un

der t

he c

ontr

ol o

f trib

al le

ader

s, no

t dis

play

ing

wea

pons

in p

ublic

, an

d ta

cklin

g al

coho

lism

and

dru

g ab

use,

whi

ch w

ere

thou

ght t

o ha

ve

cont

ribut

ed to

the

viol

ence

.

Gun

-fre

e sc

hool

sSo

uth

Afr

ica

has

one

of th

e w

orld

’s hi

ghes

t rat

es o

f fire

arm

s-re

late

d vi

olen

ce. I

n 19

96, a

n or

gani

zatio

n ca

lled

Gun

Fre

e So

uth

Afr

ica

laun

ched

a p

roje

ct to

cre

ate

gun-

free

zon

es. T

hese

are

spa

ces,

rang

ing

from

gov

ernm

ent o

ffice

s to

sec

tions

of

nei

ghbo

urho

ods,

whe

re fi

rear

ms

are

not p

erm

itted

. The

y ha

ve c

reat

ed

such

zon

es in

man

y sc

hool

s ar

ound

th

e co

untr

y. T

hrou

gh d

ialo

gue

betw

een

stud

ents

, tea

cher

s, sc

hool

ad

min

istr

ator

s, th

e po

lice

and

othe

r re

leva

nt p

erso

ns, p

robl

ems

are

iden

tified

and

app

ropr

iate

sol

utio

ns

agre

ed u

pon

to a

chie

ve a

sch

ool

envi

ronm

ent f

ree

of w

eapo

ns.

Sour

ces:

Miss

ing

Piec

es: D

irect

ions

for R

educ

ing

Gun

Vio

lenc

e th

roug

h th

e U

N P

roce

ss o

n Sm

all A

rms

Cont

rol, C

entr

e fo

r Hum

anita

rian

Dia

logu

e, G

enev

a,

2005

( ht

tp://

ww

w.h

dcen

tre.

org)

. Dav

id A

twoo

d,

Ann

e-Ka

thrin

Gla

tz, R

ober

t Mug

gah,

Dem

andi

ng

Atte

ntio

n: A

ddre

ssin

g th

e D

ynam

ics o

f Sm

all A

rms

Dem

and,

Sm

all A

rms S

urve

y, G

enev

a, 2

006

( h

ttp:

//w

ww

.smal

larm

ssur

vey.

org)

. Viv

a Ri

o

(htt

p://

ww

w.v

ivar

io.o

rg.b

r).

Taki

ng a

ctio

n: S

ome

exam

ples

STUDENTRESOURCE (2/2)2E.5

s.2E





http://www.smallarmssurvey.org




http://www.vivario.org.br





83EHL

Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t


2O

BJEC

TIV

E

• to

est

ablis

h a

conn

ectio

n be

twee

n w

hat y

ou a

re le

arni

ng a

bout

inte

rnat

iona

l hu

man

itaria

n la

w (I

HL)

and

the

med

ia’s

cove

rage

of w

ar

1. F

ind

a ne

ws

repo

rt th

at is

rela

ted

to IH

L.2.

Circ

le o

r und

erlin

e th

ree

to fi

ve w

ords

that

hav

e so

me

conn

ectio

n to

IHL.

[F

or e

xam

ple:

civ

ilian

s, la

ndm

ines

, ref

ugee

s, ch

ild so

ldie

rs]

3. A

ssoc

iate

eac

h w

ord

with

som

ethi

ng y

ou h

ave

lear

ned

and

disc

usse

d in

the

Ex

plor

ing

Hum

anita

rian

Law

pro

gram

me.

4. H

ow is

hum

an d

igni

ty a

t ris

k in

the

situ

atio

n de

scrib

ed in

this

art

icle

?

> W

hose

hum

an d

igni

ty is

at r

isk?

>

Wha

t IH

L ru

le, i

f any

, app

lies

in th

is s

ituat

ion?

Media page

EHL 84

Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

2


Assessment

METHODS OF ASSESSMENT

ONGOING ASSESSMENTExploring Humanitarian Law (EHL) provides teachers with daily opportunities to find out what their students are learning and what misconceptions they might have. Active teaching methods, such as class discussion, small group work, brainstorming and role-playing all provide such opportunities.

Take five minutes at the end of class to have students write down one- or two-sentence answers to the following questions:

> What did you learn today?> What remaining questions do you have?

Read through their responses and use them to build on students’ knowledge and clarify any misconceptions for the next lesson.

PORTFOLIO OF STudENT WORK

In each module, students are asked to carry out activities such as interviewing people, illustrating concepts with poems, plays or artwork and writing research papers on particular topics.

Keep a folder or portfolio for each student, containing written work, artwork, interviews and news clippings that he or she has contributed in class. Periodically go over the student’s work with him or her to monitor progress in understanding international humanitarian law (IHL).

Post samples of students’ work where all can see.

ENd-OF-MOduLE QuESTIONS

After Module 2 is completed, you might want to devote the last class session to a written assessment of what students have learned. You could do this with one essay question (20-30 minutes) and two or three short-answer questions (10 minutes each).

Possible essay questions:

> What is IHL and why was it developed?> What is the relationship between IHL and human rights law? (What are the

similarities and differences between the two?)

Possible short-answer questions:

> Identify three ways that civilians are protected by IHL.> Describe four consequences of children being recruited or used by armed forces or

armed groups.> Explain why the use of indiscriminate weapons and weapons that cause

unnecessary suffering is prohibited.

85EHL

Mod

ule

2: L

imit

s in

arm

ed c

on

flic

t

2


Assessment

You could ask students to formulate other questions in small groups and then select one of them as the essay question for the whole class. Or you could ask each student to propose a question and then answer it. (The student would be assessed on the quality of the question as well as on the answer.) Or you could select a quote from a newspaper article, a sidebar in the materials or another source and ask students to identify the main point being made in the quote and whether they agree or disagree with it.

CRITERIA FOR ASSESSMENT

An effective student response is one which:

• uses concepts, such as bystander, combatant, dilemma or chain reaction and other terms in the EHL materials;

• gives concrete examples to back up points;• includes examples from a variety of sources, such as the news media, interviews, class

discussion and outside reading.

The above techniques are simply suggestions to help you assess your students’ work on the EHL materials. Feel free to adapt them to your needs.

EHL 86

Mod

ule

2: L

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s in

arm

ed c

on

flic

t

2


Web resources

INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW

• IHL treaties and documents database, International Committee of the Red Cross (http://www.icrc.org/ihl)

• Crimes of war: What the public should know, Crimes of War Project (http://www.crimesofwar.org/thebook/book.html)

• International human rights law instruments, Office of the United Nations High Commissioner for Human Rights (http://www.ohchr.org/english/law/index.htm)

• Humanitarian law and human rights law, International Committee of the Red Cross (http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/57JR8L/$File/IHL_and_IHRL.pdf )

CHILD SOLDIERS

• Children and international humanitarian law, International Committee of the Red Cross (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_children_in_war?opendocument)

• Convention on the Rights of the Child (http://www.ohchr.org/english/law/crc.htm)

• Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (http://www.ohchr.org/english/law/crc-conflict.htm)

• Coalition to Stop the Use of Child Soldiers (http://www.child-soldiers.org)

• Children and armed conflict, United Nations Children’s Fund (http://www.unicef.org/emerg/index_childsoldiers.html)

• Child soldiers, Amnesty International (http://web.amnesty.org/pages/childsoldiers-index-eng)

• Child soldiers, Human Rights Watch (http://hrw.org/campaigns/crp/index.htm)

• Office of the Special Representative of the United Nations Secretary-General for Children and Armed Conflict (http://www.un.org/children/conflict/english/home6.html)

• Children of conflict, BBC World Service (http://www.bbc.co.uk/worldservice/people/features/childrensrights/childrenofconflict)

http://www.icrc.org/ihl

http://www.crimesofwar.org/thebook/book.html

http://www.ohchr.org/english/law/index.htm

http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/57JR8L/$File/IHL_and_IHRL.pdf

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_children_in_war?opendocument

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_children_in_war?opendocument

http://www.ohchr.org/english/law/crc.htm

http://www.ohchr.org/english/law/crc-conflict.htm

http://www.child-soldiers.org

http://www.unicef.org/emerg/index_childsoldiers.html

http://web.amnesty.org/pages/childsoldiers-index-eng

http://hrw.org/campaigns/crp/index.htm

http://www.un.org/children/conflict/english/home6.html

http://www.bbc.co.uk/worldservice/people/features/childrensrights/childrenofconflict

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WEAPONS

• Weapons and international humanitarian law, International Committee of the Red Cross (http://www.icrc.org/web/eng/siteeng0.nsf/iwpList2/Humanitarian_law:Weapons)

• Weapons and health, International Committee of the Red Cross (http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_weapons_and_health)

• Arms, Human Rights Watch (http://www.hrw.org/doc/?t=arms)

• Landmines and explosive remnants of war, International Committee of the Red Cross (http://www.icrc.org/eng/mines)

• International Campaign to Ban Landmines (http://www.icbl.org)

• Landmine Monitor (http://www.icbl.org/lm)

• Landmine Action (http://www.landmineaction.org)

• E-mine: Electronic Mine Information Network (http://www.mineaction.org/index.asp)

• Biotechnology, weapons and humanity, International Committee of the Red Cross (http://www.icrc.org/Web/eng/siteeng0.nsf/html/bwh)

• Disarmament: Biological and toxin weapons, United Nations (http://www.unog.ch/80256EE600585943/(httpPages)/29B727532FECBE96C12571860035A6DB?OpenDocument)

• World War I: the ICRC’s appeal against the use of poisonous gases, International Committee of the Red Cross (http://www.icrc.org/Web/Eng/siteeng0.nsf/html/57JNQH)

• Organization for the Prohibition of Chemical Weapons (http://www.opcw.org)

• The bombing of Hiroshima, Eyewitness to history (http://www.eyewitnesstohistory.com/hiroshima.htm)

• Small arms availability and international humanitarian law, International Committee of the Red Cross (http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_ihl_arms_availability? OpenDocument)

Web resources

http://www.icrc.org/web/eng/siteeng0.nsf/iwpList2/Humanitarian_law:Weapons

http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_weapons_and_health

http://www.hrw.org/doc/?t=arms

http://www.icrc.org/eng/mines

http://www.icbl.org

http://www.icbl.org/lm

http://www.landmineaction.org

http://www.mineaction.org/index.asp

http://www.icrc.org/Web/eng/siteeng0.nsf/html/bwh

http://www.unog.ch/80256EE600585943/

http://www.icrc.org/Web/Eng/siteeng0.nsf/html/57JNQH

http://www.opcw.org

http://www.eyewitnesstohistory.com/hiroshima.htm

http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_ihl_arms_availability?OpenDocument

http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_ihl_arms_availability?OpenDocument

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• Small Arms Survey (http://www.smallarmssurvey.org)

• Control Arms (http://www.controlarms.org)

• Arms Management in Africa (special section on children, youth and conflict), Institute for Security Studies (http://www.smallarmsnet.org)

• Viva Rio (http://www.vivario.org.br/)

• Middle East North Africa Action Network on Small Arms (http://www.mena-small-arms.org)

• Small arms, United Nations Children’s Fund (http://www.unicef.org/emerg/index_smallarms.html)

• Human security and small arms, Centre for Humanitarian Dialogue (http://www.hdcentre.org/About+the+programme)

Web resources



http://www.smallarmsnet.org

http://www.vivario.org.br/

http://www.mena-small-arms.org

http://www.unicef.org/emerg/index_smallarms.html

http://www.hdcentre.org/About+the+programme

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module 2 limits in armed conflict - icrc.org · ehl 3 module 2: limits in armed conflict exploring...

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