Additional Protocol I to the Geneva Conventions
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The Relationship Between International Humanitarian Law and the International Criminal Tribunals Hortensia D
Volume 88 Number 861 March 2006 The relationship between international humanitarian law and the international criminal tribunals Hortensia D. T. Gutierrez Posse Hortensia D. T. Gutierrez Posse is Professor of Public International Law, University of Buenos Aires Abstract International humanitarian law is the branch of customary and treaty-based international positive law whose purposes are to limit the methods and means of warfare and to protect the victims of armed conflicts. Grave breaches of its rules constitute war crimes for which individuals may be held directly accountable and which it is up to sovereign states to prosecute. However, should a state not wish to, or not be in a position to, prosecute, the crimes can be tried by international criminal tribunals instituted by treaty or by binding decision of the United Nations Security Council. This brief description of the current legal and political situation reflects the state of the law at the dawn of the twenty-first century. It does not, however, describe the work of a single day or the fruit of a single endeavour. Quite the contrary, it is the outcome of the international community’s growing awareness, in the face of the horrors of war and the indescribable suffering inflicted on humanity throughout the ages, that there must be limits to violence and that those limits must be established by the law and those responsible punished so as to discourage future perpetrators from exceeding them. Short historical overview International humanitarian law has played a decisive role in this development, as both the laws and customs of war and the rules for the protection of victims fall 65 H. -
The Treatment of Prisoners of War by the Imperial Japanese Army and Navy Focusing on the Pacific War
The Treatment of Prisoners of War by the Imperial Japanese Army and Navy Focusing on the Pacific War TACHIKAWA Kyoichi Abstract Why does the inhumane treatment of prisoners of war occur? What are the fundamental causes of this problem? In this article, the author looks at the principal examples of abuse inflicted on European and American prisoners by military and civilian personnel of the Imperial Japanese Army and Navy during the Pacific War to analyze the causes of abusive treatment of prisoners of war. In doing so, the author does not stop at simply attributing the causes to the perpetrators or to the prevailing condi- tions at the time, such as Japan’s deteriorating position in the war, but delves deeper into the issue of the abuse of prisoners of war as what he sees as a pathology that can occur at any time in military organizations. With this understanding, he attempts to examine the phenomenon from organizational and systemic viewpoints as well as from psychological and leadership perspectives. Introduction With the establishment of the Law Concerning the Treatment of Prisoners in the Event of Military Attacks or Imminent Ones (Law No. 117, 2004) on June 14, 2004, somewhat stringent procedures were finally established in Japan for the humane treatment of prisoners of war in the context of a system infrastructure. Yet a look at the world today shows that abusive treatment of prisoners of war persists. Indeed, the heinous abuse which took place at the former Abu Ghraib prison during the Iraq War is still fresh in our memories. -
Law of Armed Conflict
Lesson 1 THE LAW OF ARMED CONFLICT Basic knowledge International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org Original: English – June 2002 INTRODUCTION TO THE LAW OF ARMED CONFLICT BASIC KNOWLEDGE LESSON 1 [ Slide 2] AIM [ Slide 3] The aim of this lesson is to introduce the topic to the class, covering the following main points: 1. Background: setting the scene. 2. The need for compliance. 3. How the law evolved and its main components. 4. When does the law apply? 5. The basic principles of the law. INTRODUCTION TO THE LAW OF ARMED CONFLICT 1. BACKGROUND: SETTING THE SCENE Today we begin a series of lectures on the law of armed conflict, which is also known as the law of war, international humanitarian law, or simply IHL. To begin, I’d like to take a guess at what you’re thinking right now. Some of you are probably thinking that this is an ideal opportunity to catch up on some well-earned rest. “Thank goodness I’m not on the assault course or on manoeuvres. This is absolutely marvellous. I can switch off and let this instructor ramble on for 45 minutes. I know all about the Geneva Conventions anyway – the law is part of my culture and our military traditions. I really don't need to listen to all this legal ‘mumbo jumbo’.” The more sceptical and cynical among you might well be thinking along the lines of a very famous orator of ancient Rome – Cicero. -
Taming the Trolls: the Need for an International Legal Framework to Regulate State Use of Disinformation on Social Media
Taming the Trolls: The Need for an International Legal Framework to Regulate State Use of Disinformation on Social Media * ASHLEY C. NICOLAS INTRODUCTION Consider a hypothetical scenario in which hundreds of agents of the Russian GRU arrive in the United States months prior to a presidential election.1 The Russian agents spend the weeks leading up to the election going door to door in vulnerable communities, spreading false stories intended to manipulate the population into electing a candidate with policies favorable to Russian positions. The agents set up television stations, use radio broadcasts, and usurp the resources of local newspapers to expand their reach and propagate falsehoods. The presence of GRU agents on U.S. soil is an incursion into territorial integrity⎯a clear invasion of sovereignty.2 At every step, Russia would be required to expend tremendous resources, overcome traditional media barriers, and risk exposure, making this hypothetical grossly unrealistic. Compare the hypothetical with the actual actions of the Russians during the 2016 U.S. presidential election. Sitting behind computers in St. Petersburg, without ever setting foot in the United States, Russian agents were able to manipulate the U.S. population in the most sacred of domestic affairs⎯an election. Russian “trolls” targeted vulnerable populations through social media, reaching millions of users at a minimal cost and without reliance on established media institutions.3 Without using * Georgetown Law, J.D. expected 2019; United States Military Academy, B.S. 2009; Loyola Marymount University M.Ed. 2016. © 2018, Ashley C. Nicolas. The author is a former U.S. Army Intelligence Officer. -
War Crimes in the Philippines During WWII Cecilia Gaerlan
War Crimes in the Philippines during WWII Cecilia Gaerlan When one talks about war crimes in the Pacific, the Rape of Nanking instantly comes to mind.Although Japan signed the 1929 Geneva Convention on the Treatment of Prisoners of War, it did not ratify it, partly due to the political turmoil going on in Japan during that time period.1 The massacre of prisoners-of-war and civilians took place all over countries occupied by the Imperial Japanese Army long before the outbreak of WWII using the same methodology of terror and bestiality. The war crimes during WWII in the Philippines described in this paper include those that occurred during the administration of General Masaharu Homma (December 22, 1941, to August 1942) and General Tomoyuki Yamashita (October 8, 1944, to September 3, 1945). Both commanders were executed in the Philippines in 1946. Origins of Methodology After the inauguration of the state of Manchukuo (Manchuria) on March 9, 1932, steps were made to counter the resistance by the Chinese Volunteer Armies that were active in areas around Mukden, Haisheng, and Yingkow.2 After fighting broke in Mukden on August 8, 1932, Imperial Japanese Army Vice Minister of War General Kumiaki Koiso (later convicted as a war criminal) was appointed Chief of Staff of the Kwantung Army (previously Chief of Military Affairs Bureau from January 8, 1930, to February 29, 1932).3 Shortly thereafter, General Koiso issued a directive on the treatment of Chinese troops as well as inhabitants of cities and towns in retaliation for actual or supposed aid rendered to Chinese troops.4 This directive came under the plan for the economic “Co-existence and co-prosperity” of Japan and Manchukuo.5 The two countries would form one economic bloc. -
Applying Traditional Military Principles to Cyber Warfare
2012 4th International Conference on Cyber Confl ict Permission to make digital or hard copies of this publication for internal use within NATO and for personal or educational use when for non-profi t or non-commercial C. Czosseck, R. Ottis, K. Ziolkowski (Eds.) purposes is granted providing that copies bear this notice and a full citation on the 2012 © NATO CCD COE Publications, Tallinn first page. Any other reproduction or transmission requires prior written permission by NATO CCD COE. Applying Traditional Military Principles to Cyber Warfare Samuel Liles Marcus Rogers Cyber Integration and Information Computer and Information Operations Department Technology Department National Defense University iCollege Purdue University Washington, DC West Lafayette, IN [email protected] [email protected] J. Eric Dietz Dean Larson Purdue Homeland Security Institute Larson Performance Engineering Purdue University Munster, IN West Lafayette, IN [email protected] [email protected] Abstract: Utilizing a variety of resources, the conventions of land warfare will be analyzed for their cyber impact by using the principles designated by the United States Army. The analysis will discuss in detail the factors impacting security of the network enterprise for command and control, the information conduits found in the technological enterprise, and the effects upon the adversary and combatant commander. Keywords: cyber warfare, military principles, combatant controls, mechanisms, strategy 1. INTRODUCTION Adams informs us that rapid changes due to technology have increasingly effected the affairs of the military. This effect whether economic, political, or otherwise has sometimes been extreme. Technology has also made substantial impacts on the prosecution of war. Adams also informs us that information technology is one of the primary change agents in the military of today and likely of the future [1]. -
Combatant Status and Computer Network Attack
Combatant Status and Computer Network Attack * SEAN WATTS Introduction .......................................................................................... 392 I. State Capacity for Computer Network Attacks ......................... 397 A. Anatomy of a Computer Network Attack ....................... 399 1. CNA Intelligence Operations ............................... 399 2. CNA Acquisition and Weapon Design ................. 401 3. CNA Execution .................................................... 403 B. State Computer Network Attack Capabilites and Staffing ............................................................................ 405 C. United States’ Government Organization for Computer Network Attack .............................................. 407 II. The Geneva Tradition and Combatant Immunity ...................... 411 A. The “Current” Legal Framework..................................... 412 1. Civilian Status ...................................................... 414 2. Combatant Status .................................................. 415 3. Legal Implications of Status ................................. 420 B. Existing Legal Assessments and Scholarship.................. 424 C. Implications for Existing Computer Network Attack Organization .................................................................... 427 III. Departing from the Geneva Combatant Status Regime ............ 430 A. Interpretive Considerations ............................................. 431 * Assistant Professor, Creighton University Law School; Professor, -
JP 3-13.4, Military Deception
Joint Publication 3-13.4 Military Deception 26 January 2012 EXECUTIVE SUMMARY COMMANDER’S OVERVIEW • Provides an Overview of Military Deception (MILDEC) and the Goals, Objectives, Functions, and Principles • Describes the Relationship between MILDEC and Information Operations • Explains MILDEC Planning Methodology and Planning Steps • Discusses Execution of MILDEC Operations Military Deception and Its Goals, Objectives, Functions, and Principles Military deception Specific guidance from the joint force commander (JFC) or (MILDEC) is actions higher authority during planning will determine the military executed to deliberately deception (MILDEC) role in a joint operation. MILDEC mislead adversary is intended to deter hostile actions, increase the success military, paramilitary, or of friendly defensive actions, or to improve the success violent extremist of any potential friendly offensive action. Use of organization decision MILDEC during any phase of an operation should help to makers, thereby causing mislead adversaries as to the strength, readiness, locations, the adversary to take and intended missions of friendly forces. In combat specific actions (or situations, the focus is on driving the adversary to inactions) that will culmination and achieving the objectives defined by the contribute to the JFC. In noncombat situations, the JFC seeks to dominate accomplishment of the the situation with decisive operations designed to establish friendly mission. conditions for an early, favorable conclusion. MILDEC and Information Care should be taken to protect the quality of information Quality available for friendly decisions and public dissemination. This will help ensure the JFC has accurate information by not allowing staffs to unknowingly perceive the joint task force’s MILDEC efforts as accurate information. -
Tables for UN Compilation on Pakistan I. Scope of International
Tables for UN Compilation on Pakistan I. Scope of international obligations1 A. International human rights treaties2 Status during previous cycle Action after review Not ratified/not accepted Ratification, accession or ICERD (1966) OP -CRC-AC (2016) ICRMW succession ICESCR (2008) ICPPED ICCPR (2010) ICCPR-OP 2 CEDAW (1996) OP-CAT CAT (2010) CRC (1990) OP-CRC-SC (2011) CRPD (2011) Complaints procedures, – – ICERD, art. 14 inquiries and ICCPR, art. 41 urgent action3 ICCPR-OP 1 OP-ICESCR OP-CEDAW CAT, arts. 20-22 OP-CRC-IC OP-CRPD ICRMW ICPPED Reservations and / or declarations Status during previous cycle Action after review Current Status ICESCR (General OP -CRC-AC – declaration, 2008) (Declaration, art. 3 para. 2, CEDAW (General minimum age of recruitment declaration and reservation 16 years, (2016) art. 29, para. 1, 1996) CAT (Reservation, arts. 8 para. 2, 28 para. 1 and 30 para. 1. 2010) ICCPR (General reservation, 2008) B. Other main relevant international instruments Status during previous cycle Action after review Not ratified Ratification, accession or Convention on the – Rome Statute of the succession Prevention and Punishment International Criminal Court of the Crime of Genocide Geneva Conventions of 12 Palermo Protocol5 August 19494 Additional Protocols I, II and III to the 1949 Geneva Conventions6 ILO fundamental – Conventions on refugees conventions7 and stateless persons8 – – Convention against Discrimination in Education – – ILO Conventions Nos. 169 and 1899 II. Cooperation with human rights mechanisms and bodies A. Cooperation -
Noncombatant Immunity and War-Profiteering
In Oxford Handbook of Ethics of War / Published 2017 / doi:10.1093/oxfordhb/9780199943418.001.0001 Noncombatant Immunity and War-Profiteering Saba Bazargan Department of Philosophy UC San Diego Abstract The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers— can be morally liable to be lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. 1 In Oxford Handbook of Ethics of War / Published 2017 / doi:10.1093/oxfordhb/9780199943418.001.0001 1. Background 1.1. Noncombatant Immunity and the Combatant’s Privilege in International Law In Article 155 of what came to be known as the ‘Lieber Code’, written in 1866, Francis Lieber wrote ‘[a]ll enemies in regular war are divided into two general classes—that is to say, into combatants and noncombatants’. As a legal matter, this distinction does not map perfectly onto the distinction between members and nonmembers of an armed force. -
The Geneva Conventions and Public International
Volume 91 Number 875 September 2009 REPORTS AND DOCUMENTS The Geneva Conventions and Public International Law British Foreign and Commonwealth Office Conference commemorating the 60th Anniversary of the 1949 Geneva Conventions, London, 9 July 2009 Address by Theodor Meron, Judge and former President of the International Criminal Tribunal for the former Yugoslavia, Professor of International Law and holder of the Charles L. Denison Chair at New York University Law School With sixty years of hindsight, it seems particularly appropriate to reflect on the trajectory of international humanitarian law (IHL) as shaped by the 1949 Geneva Conventions. The near universal acceptance of the Conventions and their secure integration into the international system can sometimes lead us to underestimate the significance of their impact. It is this transformative impact on public inter- national law which will be the focus of this note. To start, I will briefly review the historical context from which the 1949 Conventions materialized. Calamitous events and atrocities have always driven the development of IHL. In 1863, the American Civil War gave rise to the Lieber Code. This ultimately gave birth to the branch of IHL commonly known as the Hague Law, which governs the conduct of hostilities. One hundred and fifty years ago, the battle of Solferino – immortalized in Henry Dunant’s moving memoir of suffering and bloodshed – inspired the Red Cross Movement. Thence began the other branch of IHL, the Geneva Law, which – starting with the first Geneva Convention in 1864 – has provided for the protection of victims of war, the sick, the wounded, prisoners and civilians. -
Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org. Rome Statute of the International Criminal Court Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int Rome Statute of the International Criminal Court Table of Contents PREAMBLE 1 PART 1. ESTABLISHMENT OF THE COURT 2 Article 1 The Court 2 Article 2 Relationship of the Court with the United Nations 2 Article 3 Seat of the Court 2 Article 4 Legal status and powers of the Court 2 PART 2.