the law of war: humanitarian law the story behind the story

The law of war:Humanitarian lawTHE STORY BEHIND THE STORY

The law of war: Humanitarian lawWhat is it?

The law of war: Humanitarian lawWhat is it?When and why is it relevant?

The law of war: Humanitarian lawWhat is it?When and why is it relevant?What does it say?

The law of war: Humanitarian lawDifferent laws for armed violence

The law of war: Humanitarian lawDifferent laws for armed violenceInternal violenceArmed conflict

The law of war: Humanitarian lawDifferent laws for armed violenceHuman rightsNational lawInternal violenceArmed conflict

The law of war: Humanitarian lawDifferent laws for armed violenceHuman rightsNational lawNational lawHuman rightsHumanitarian lawInternal violenceArmed conflictNon-international

The law of war: Humanitarian lawDifferent laws for armed violenceHuman rightsNational lawNational lawNational lawHuman rightsHuman rightsHumanitarian lawHumanitarian lawInternal violenceArmed conflictNon-internationalInternational

The law of war: Humanitarian lawOccupation and the lawEffective control of all or part of the territory of one State by another the occupying power has the obligation to restore and maintain public order and safety, while respecting

The law of war: Humanitarian lawOccupation and the lawEffective control of all or part of the territory of one State by another the occupying power has the obligation to restore and maintain public order and safety, while respectingHumanitarian lawHuman rights lawThe laws of the occupied territory

The law of war: Humanitarian lawOccupation and the lawEffective control of all or part of the territory of one State by another the occupying power has the obligation to restore and maintain public order and safety, while respectingHumanitarian lawHuman rights lawThe laws of the occupied territorySecurity patrol by US forcesin Baghdad, Iraq in 2003

The law of war: Humanitarian lawWhat is humanitarian law?

The law of war: Humanitarian lawWhat is humanitarian law?Protects people who are not / no longer fightingRegulates weapons and methods of warfare

The law of war: Humanitarian lawWhat is humanitarian law?Protects people who are not / no longer fightingLandmine victim at an ICRC orthopaedic centre in Afghanistan, 2003. Wounded soldier waits for medical help in western Bosnia,Kljuc, 1995Regulates weapons and methods of warfare

The law of war: Humanitarian lawWhat is humanitarian law?Which humanitarianrule could apply?

Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003.Protects people who are not / no longer fightingRegulates weapons and methods of warfare

The law of war: Humanitarian lawWhat is humanitarian law?Which humanitarianrule could apply?

Wounded and sick must be searched for, collected and cared for.Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003. Protects people who are not / no longer fightingRegulates weapons and methods of warfare

The law of war: Humanitarian lawWhat is humanitarian law?Which humanitarianrule could apply?

Wounded and sick must be searched for, collected and cared for.Which humanitarianrule could apply?

Regulates weapons and methods of warfareProtects people who are not / no longer fighting

The law of war: Humanitarian lawWhat is humanitarian law?Which humanitarianrule could apply?

Wounded and sick must be searched for, collected and cared for.Which humanitarianrule could apply?

Using weapons without distinguishing between civilians and military targets is prohibited.Protects people who are not / no longer fightingRegulates weapons and methods of warfare

The law of war: Humanitarian lawWhat is humanitarian law?Protects people who are not / no longer fightingRegulates weapons and methods of warfareMilitary necessityHumanitarianconsiderations

The law of war: Humanitarian lawWhat is humanitarian law?Binds all parties in a conflictProtects people who are not / no longer fightingRegulates weapons and methods of warfareMilitary necessityHumanitarianconsiderations

The law of war: Humanitarian lawWhat is humanitarian law?Binds all parties in a conflictProtects people who are not / no longer fightingRegulates weapons and methods of warfareApplies in armed conflictsMilitary necessityHumanitarianconsiderations

The law of war: Humanitarian lawWhat is humanitarian law?Binds all parties in a conflictProtects people who are not / no longer fightingRegulates weapons and methods of warfareApplies in armed conflictsCannot be suspended or limitedMilitary necessityHumanitarianconsiderations

The law of war: Humanitarian lawWhat humanitarian law is not

The law of war: Humanitarian lawWhat humanitarian law is notHumanitarian law does not determine whether a war is legal. This is the role of the UN Charter.

The law of war: Humanitarian lawWhat humanitarian law is notHumanitarian law is concerned with the EFFECTS of war, not its legality. It applies irrespective of who started the war or who is the attacker.Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter.

The law of war: Humanitarian lawWhen and why is the difference relevant?

The law of war: Humanitarian lawWhen and why is the difference relevant?Sri Lanka, 2002-2009Greece, 2010

The law of war: Humanitarian lawHow can force be used?

The law of war: Humanitarian lawHow can force be used? in internal violence in armed conflict

The law of war: Humanitarian lawHow can force be used? in internal violence in armed conflictAs exceptional measureOnly if all other means failedIn case of imminent threat of death or serious injuryBy sparing civilians and civilian objects

The law of war: Humanitarian lawHow can force be used? in internal violence in armed conflictAs exceptional measureOnly if all other means failedIn case of imminent threat of death or serious injuryBy sparing civilians and civilian objectsIf violated:Criminal responsibilityIf violated:Criminal responsibilityWar crimes

The law of war: Humanitarian lawWho is protected by humanitarian law?can be prosecuted and temporarily lose their protection from being directly targetedIf they become involved in fightingIn international armed conflicts they are referred to as "civilians".People who ARE NOT involved in fighting

The law of war: Humanitarian lawWho is protected by humanitarian law?military/paramilitary forces organized armed groups of a party to the conflictThey are protected from being attacked when they are hors de combat: wounded, sick, shipwrecked, detained or surrendering They are protected against specific weapons and methods even while fighting.In international armed conflicts members of military/paramilitary forces are called "combatants" and cannot be prosecuted for lawfully fighting.People who ARE involved in fighting

The law of war: Humanitarian lawWhat is protected by humanitarian law?Civilian objects

The law of war: Humanitarian lawHow does law protect in war? - PRINCIPLESDistinction

The law of war: Humanitarian law How does law protect in war? - PRINCIPLESDistinctionPrecautionary Measures

The law of war: Humanitarian law How does law protect in war? - PRINCIPLESDistinctionLimitationPrecautionary measuresProportionality

The law of war: Humanitarian law How does law protect in war? - PRINCIPLESDistinction

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

The law of war: Humanitarian law How does law protect in war? - PRINCIPLESWeapons or methods causing superfluous injury or unnecessary suffering are prohibitedLimitation

The law of war: Humanitarian law How does law protect in war? - PRINCIPLESBefore and during an attack, every possible precaution must be taken to minimize potential harm to civilians and civilian objects.Precautionary Measures

The law of war: Humanitarian law How does law protect in war? - PRINCIPLESThe expected deaths and injuries to civilians or damage to civilian objects must not exceed the anticipated military advantage.Proportionality

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The law of war: Humanitarian lawHow does humanitarian law protect in war?murder and tortureuse cruel or degrading treatment or punishmentkill or wound a surrendering enemycommit sexual violencecause disappearancestake hostagesforce displacementuse or recruit children under the age of 15deprive people of objects necessary to survivaltreat humanely detaineesrespect and protect health and humanitarian workers and those lawfully using the distinctive emblems

The law of war: Humanitarian lawExample: Protection of detaineesmust be treated humanely = given adequate food, water, clothing, shelter and medical care and allowed to correspond with their familiesPrisoners of War = detained combatants in international war

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

The law of war: Humanitarian lawHow does law protect in war? BASIC RULES

The law of war: Humanitarian law How does law protect in war? BASIC RULESHow does humanitarian law protect people?What are the rules for the conduct of hostilities?Which humanitarian rule could apply to the situation?

The law of war: Humanitarian lawSources

The law of war: Humanitarian lawSourcesHuman right lawCustomary humanitarian la