intl and domestic civil-mil coord - session 1 ppt

8/14/2019 Intl and Domestic Civil-Mil Coord - Session 1 Ppt

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Introduction to Humanitarian Law

and Civil-Military Coordination

Class Session 1

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Course Objectives

1. The student will know the mechanisms andprocesses for requesting military assistance

2. The student will be able to identify the strengthens

and weakens of planning and exercise cyclesbetween civil and military authorities

3. The student will be able to identify key areas of

overlap and friction between civilian and military

organizations.

4. The student will be able to identify the affects of

phases and transitions during a disaster

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Course Assignments and

Requirements

1. Two Small Group Presentations (15% each)

2. A Critical Analysis of a selected topic (35%)

3. Final Exam (35%)4. Classroom etiquette

5. Student &Professor Introductions

a. Name, Major, and Disaster experienceb. Course Expectation's (Students &

Professor)

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Introduction to Civil-Military

Relations and Humanitarian Law

Concepts

Red Cross/Red Crescent

Geneva Convention Law of Armed Conflict

Oslo Guidelines

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IHLConcepts

Law[A] body of rules of action or conduct

prescribed by controlling authority, and having

binding legal force. Blacks Law Dictionary, 5thed.

International Law[T]he body of rules

governing relations between States. ICRC

Customary International LawState practice

considered by them to be legally binding. ICRC

TreatiesA formally concluded and ratified

agreement between states. Oxford Dictionary


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IHLConceptsInternational Lawis composed of:

Human Rights LawA set of international ruleson thebasis of which individuals and groups can expect and/or claimcertain behavior or benefits from governments. ICRC

Refugee LawLaw addressing rights of refugees & the

obligations of States to protect those rights; International Humanitarian LawA set of rules which seek,

for humanitarian reasons, to limit the effects of armedconflict. ICRC;&

International Disaster Relief LawsThe laws, rules andprinciples applicable to the access, facilitation, coordination,quality and accountability of international disaster responseactivities in times of non-conflict related disasters, whichincludes preparedness for imminent disaster and the conduct

of rescue and humanitarian assistance activities. IFRC


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IHLConcepts

Jus ad bellumThe law on the use of

force or war.

Jus contra bellumThe law on theprevention of force or war.

Jus in belloThe law in war.


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International Humanitarian Law -

Evolution

Battle of Solferino, 1859, A. Mller, Museum of Military

History, Vienna


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International Humanitarian Civil-

Military Evolution

Jean Henri Dunant,

(1828-1910)


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International Humanitarian Landmark


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Int Law - Evolution

Red Cross / Red Crescent Movement:

International Committee of the Red

CrossICRC

International Federation of Red Cross

and Red Crescent SocietiesIFRC

National Red Cross / Red Crescent /

Societiesex.: American Red Cross


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IHL - Evolution

Signing of the First Geneva Convention, 22 August 1864, ICRC


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IHL - Objectives

Objectives: Describe and explain:

The basic concepts of international law;

The evolution of International Humanitarian

Law [IHL] & the Red Cross / Red CrescentMovement;

When IHL applies;

The sources & controlling instruments of IHL;&

The fundamental principles of IHL.


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IHLFundamental Principles

Only during armedconflict:

International armedconflict:

State vs. State

Wars of national

liberation; Non-international

armed conflict

State vs. rebels

Rebels vs. rebels

NOT applicable to:

Acts of sporadic

violence; Times of peace.

When does Humanitarian Law apply?


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IHLSources

Sources of International Humanitarian Law:

Customary International Humanitarian Law;and

Treaties.

International Accords/Guidelines


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Int Human Law Sources:

Customary Law

Customary International Humanitarian Law:

Derived from a general practice accepted aslaw [ICRC]:

Often unwritten;

Sources:

Official accounts of military operations;

Military manuals; National legislation; and

Case law.


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Customary Law


Requirement that States believe:

That the practice is legally binding on them as a memberof the community of nations;

That they must follow the practice; and

That they are not free to depart or deviate from thepractice.

Opinio juris

Excludes:

Practices not widely followed by other nations; and

Practices followed solely because of policy or convenience.


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IHLSources: Customary Law


Applies in situations not covered by treaties:

Nations not party to a treaty; and

Non-international conflicts;

Acts not specifically mentioned in treaties;

Armed non-state actors.

Grounds for prosecution for violations.


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Customary Law: The Nremberg Trials


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Nremberg Principles:Principle I

Any person who commits an act which constitutes a crime underinternational law is responsible therefor and liable topunishment.

Principle IIThe fact that internal law does not impose a penalty for an act

which constitutes a crime under international law does notrelieve the person who committed the act from responsibilityunder international law.

Principle IIIThe fact that a person who committed an act which constitutes a

crime under international law acted as Head of State orresponsible Government official does not relieve him fromresponsibility under international law.


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Principle IV

The fact that a person acted pursuant to order of hisGovernment or of a superior does not relieve himfrom responsibility under international law, provided

a moral choice was in fact possible to him.Principle V

Any person charged with a crime under internationallaw has the right to a fair trial on the facts and law.

* * *Principle VII

Complicity in the commission of a crime against peace,a war crime, or a crime against humanity as set forth

in Principles VI is a crime under international law.


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IHLSources: Customary LawPrinciple VI

The crimes hereinafter set out are punishable as crimes under; internationallaw:

Crimes against peace:

Planning, preparation, initiation or waging of a war of aggression or awar in violation of international treaties, agreements or assurances;

Participation in a common plan or conspiracy for the accomplishmentof any of the acts mentioned under (i).

War crimes: Violations of the laws or customs of war which include, butare not limited to, murder, ill-treatment or deportation to slave-labor orfor any other purpose of civilian population of or in occupied territory,murder or ill-treatment of prisoners of war, of persons on the seas,killing of hostages, plunder of public or private property, wanton

destruction of cities, towns, or villages, or devastation not justified bymilitary necessity.

Crimes against humanity: Murder, extermination, enslavement,deportation and other inhuman acts done against any civilianpopulation, or persecutions on political, racial or religious grounds, whensuch acts are done or such persecutions are carried on in execution of or

in connection with any crime against peace or any war crime.


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Rome StatuteInternational Criminal Court [2002]:

2. For the purpose of this Statute, "war crimes"means:

(b) Other serious violations of the laws and customs applicablein international armed conflict, within the establishedframework of international law, namely, any of the followingacts:

(e) Other serious violations of thelaws and customs applicablein armed conflictsnot of an international character, withinthe established framework of international law, namely, anyof the following acts:


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Customary InternationalHumanitarian Law

ICRC Codification

Begun in 1995, completed after 8

years 2 volumes totaling over 5,000

pages

Identified 161 customary rules in

practice today 159 apply to international armed

conflict

149 apply to non-international armedconflict


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IHLSources: Treaties

International Humanitarian Treaties:

The Hague Stream; and

The Geneva Stream.


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IHLSources: TreatiesIHL treaties:

The Hague StreamRegulation of the means andmethods of warfare:

Convention on the Prohibition of the Development,Production and Stockpiling of Bacteriological (Biological)and Toxin Weaponsand on their Destruction [1972];

Convention on Prohibitions or Restrictions on the Use ofCertain Conventional WeaponsWhich May be Deemed tobe Excessively Injurious or to Have Indiscriminate Effects

[1980]. Protocol on Blinding Laser Weapons[1995];

Convention on the Prohibition of the Use, Stockpiling,Production and Transfer of Anti-Personnel Minesand ontheir Destruction [1997].


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IHLSources - Treaties

IHL treaties:

The Geneva StreamProvidesprotection to non-combatants andcivilians:

Geneva Conventions IIV [1949]

Common Article 3 of the Conventions

Protocols I & II [1977]

Protocol III [2005]


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IHLSources

Geneva Conventions of 1949:

Convention (I) for the Amelioration of the Conditionof the Wounded and Sick in Armed Forces in the

Field; Convention (II) for the Amelioration of the

Condition of Wounded, Sick and ShipwreckedMembers of Armed Forces at Sea;

Convention (III) relative to the Treatment ofPrisoners of War; and

Convention (IV) relative to the Protection of CivilianPersons in Time of War.


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IHLSources

Application of the Geneva Conventions:

Applies only to States who have signed theConventions:

Only Niue has not signed the Geneva Conventions; Universal acceptance?

Apply only in international armed conflicts;

Wars or conflicts between 2 or more nations andwars of national liberation;

Internationalized internal conflicts?

Exception: Common Art. 3 to the Conventions


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IHLSources

Art. 3. In the case of armed conflict not of an international characteroccurring in the territoryof one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as aminimum, the following provisions:(1) Persons taking no active part in the hostilities, including members of armed forces whohave laid down their arms and those placed hors de combat by sickness, wounds, detention,or any other cause, shall in all circumstances be treated humanely, without any adversedistinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similarcriteria.

To this end, the following acts are and shall remain prohibited at any time and in any placewhatsoever with respect to the above-mentioned persons:(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatmentand torture;(b) taking of hostages;(c) outrages upon personal dignity, in particular humiliating and degrading treatment;(d) the passing of sentences and the carrying out of executions without previous judgementpronounced by a regularly constituted court, affording all the judicial guarantees which are

recognized as indispensable by civilized peoples.(2) The wounded and sick shall be collected and cared for.An impartial humanitarian body, such as the International Committee of the Red Cross, mayoffer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of specialagreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to theconflict.

Common Article 3


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IHLSources

Common Article 3 - Application: Applies in case[s] of armed conflict not of an

international character;

Now, customary IHL;

Binds each party to the conflict;

Sets out minimum standards for protection & care;

Calls for parties to adopt other provisions of the

Geneva Conventions Allows ICRC the right to offer itsservices;

Does not affect legal status of the Parties.


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IHLSources

Protocols to the Geneva Conventions:

Protocol Additional to the Geneva

Conventions of 12 August 1949, and relating

to the Protection of Victims of International

Armed Conflicts [Protocol I, 1977];

Protocol Additional to the Geneva

Conventions of 12 August 1949, and relating

to the Protection of Victims of Non-

International Armed Conflicts [Protocol II,

1977]; and


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IHLSources

Protocols to the Geneva Conventions:

Protocol additional to the Geneva Conventions

of 12 August 1949, and relating to the

Adoption of an Additional Distinctive Emblem

[Protocol III, 2005].


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Fundamental Principles of IHL:

1. Principle of non-derogation;

2. Principle of Distinction;

3. Collection and care for the sick, wounded &shipwrecked;

4. Prohibition on killing/wounding an enemysurrendering or hors de combat;

5. Respect & protection for persons hors de combat7

those not taking part in hostilities;6. Right to judicial guarantees;

7. Limitations on means and methods of war;

8. Respect for the Protected Emblems.


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Principle of Non-derogation:

Derogation: The partial repeal or abolition ofa law, as by a subsequent act which limits its

scope or impairs its utility or force. Blacks LawDictionary

Allowed in Human Rights Law:

Limited and exceptional circumstances;

Derogation is neverallowed in IHL:

IHL applies only in exceptional circumstancesarmed conflict;

In armed conflict, all the rules apply all the time.

Derogation of

Right to ..


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Principle of Distinction:

Parties to a conflict shall distinguish between

civilian populations and combatants:

Civilians vs. combatants;

Civilian objects vs. military objectives.


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Principle of Distinction [cont.]:

Parties to a conflict shall distinguish between

civilian populations and combatants;

Neither civilian populations nor civilian

persons shall be attacked;

Attacks shall be directed solely at military

objectives.


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Collection and caring for the sick, wounded andshipwrecked:

Wounded & sickMilitary or civilians in need

of medical care and who refrain from any actof hostility.

ShipwreckedMilitary or civilians in peril atsea or other waters as a result of misfortuneaffecting them, their vessel or aircraft, andwho refrain from any act of hostility.


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Collection and caring for the sick, wounded and

shipwrecked [cont.]:

Duty to search for and collect sick, wounded

and shipwrecked;

Duty to provide medical care;

Duty to not expose sick, wounded or

shipwrecked to infection or disease;

Non-discriminatory treatment.


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IHLFundamental PrinciplesCollection and caring for the sick, wounded and

shipwreckedProtected of care-givers: Medical & religious personnel:

Doctors, nurses, orderlies, stretcher-bearers, chaplains,crews of hospital ships;

Military & civilian [Red Cross/Crescent, recognizedvoluntary aid societies; medical personnel];

Medical units: Hospitals, clinics, depots, stores, tents, hospital ships,

sickbays;

Stretchers, medicines, surgical apparatuses; Protection may end with misuse of medical facilities.

Medical transport: Ambulances, lifeboats, air ambulances/medical aircraft.


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Prohibition on killing/wounding an enemy

surrendering or hors de combat:

Hors de combat[fr.] out of the fight

Sick,

Wounded,

Shipwrecked,

Captured or clearly shown he intends to

surrender,

Otherwise laid down their arms and no longer an

active participant in the conflict.


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Prohibition on killing/wounding an enemysurrendering or hors de combat[cont.]:

Exercise:

Scenario: Two parachutists descending fromthe sky:

One a pilot from a downed plane;

The other, a paratrooper. Question: Which one, if either, can you

shoot?

Answer: The paratrooper.


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Prohibited actions:

Murder; Mutilations;

Cruel treatment;

Torture; Taking of hostages;

Humiliating anddegrading treatment;

Passing sentences /

executions without a

judgment from aregular court

Respect & protection for persons hors de combatandnot taking part in hostilities:


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Right to judicial guarantees:

No collective punishment;

No physical or mental torture;

No corporal punishment;

No cruel or degrading treatment;

Right to a fair trial;

POWs tried by military courts.


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Limitations on means and methods of war: Prohibition on use of weapons that cause

superfluous injury or unnecessary suffering;

Prohibition on means / methods to cause wide-spread, long-term & severe environmentaldamage;

Prohibition on attacking works with dangerousforces;

Prohibition on attacking cultural objects & places

of worshipof a cultural or spiritual heritage to thepeople;

Prohibition on use of starvation of civiliansas aweapon.


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Respect for the Protected Emblems :

Pre-1863No internationally protected

emblem;

1863 & 1864Red Cross adopted.1876-78Red Crescent used.

1929Red Crescent and Red Lion and Sun

also adopted.1980Red Lion and Sun no longer used.

2005Red Crystal adopted.
http://en.wikipedia.org/wiki/Image:Flag_of_the_Red_Crystal.svghttp://en.wikipedia.org/wiki/Image:Red_Lion_with_Sun.svghttp://en.wikipedia.org/wiki/Image:Flag_of_the_Red_Crescent.svghttp://en.wikipedia.org/wiki/Image:Flag_of_the_Red_Cross.svg


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IHLFundamental PrinciplesRespect for the Protected Emblems [cont.]:

Protective vs. indicative use;

Authorized protective use:

Military medical personnel, units, transports &

religious personnel;

Civilian medical personnel, hospitals, transports &religious personnel attached thereto, in time ofwar;

National Red Cross/Crescent personnel;

IFRC and ICRC personnel.

Misuse of the protected emblems, perfidy &

war crimes.
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IHLIHL & the War on Terrorism

Does IHL define

terrorism?

Are acts traditionally

used by terroristsprohibited in IHL?

No IHL definition.

Yes, prohibited acts

include: Targeting of civilians,

Indiscriminate attacks,

Taking hostages,

Acts to cause terror to

civilian populations.


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Does IHL apply in theWar on Terror?

Were the actscommitted in aconflict?

Do you have partiesto a conflict?

If yes, IHL appliesex.: Afghanistan;

If no, IHL does notapply but domesticlaw applies.ex.:London Bombings 7July 2005.


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Are captured terroristsentitled to IHLprotection?

International conflictGC III & GC IV apply;

Non-internationalconflictCommonArticle 3 applies;

Non-conflict situations:

IHL not applicable,

but; Domestic and

international criminallaw applies.


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Take away:

There are no Black Holesin terms of legal protection.

I t ti l H it i L d


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International Humanitarian Law and

Civil-Military Coordination

Questions?

intl and domestic civil-mil coord - session 1 ppt

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