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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. -
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. -
Geneva Conventions of 12 August 1949
THE GENEVA CONVENTIONS OF 12 AUGUST 1949 AUGUST 12 OF CONVENTIONS THE GENEVA THE GENEVA CONVENTIONS OF 12 AUGUST 1949 0173/002 05.2010 10,000 ICRC Mission The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance. The ICRC also endeavours to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles. Established in 1863, the ICRC is at the origin of the Geneva Conventions and the International Red Cross and Red Crescent Movement. It directs and coordinates the international activities conducted by the Movement in armed conflicts and other situations of violence. THE GENEVA CONVENTIONS OF 12 AUGUST 1949 THE GENEVA CONVENTIONS OF 1949 1 Contents Preliminary remarks .......................................................................................................... 19 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF 12 AUGUST 1949 CHAPTER I General Provisions ....................................................................................................... 35 Article 1 Respect for the Convention ..................................................................... 35 Article 2 Application of the Convention ................................................................ 35 Article 3 Conflicts not of an international -
Peace of Paris (1783) 1 Peace of Paris (1783)
Peace of Paris (1783) 1 Peace of Paris (1783) The Peace of Paris (1783) was the set of treaties which ended the American Revolutionary War. On 3 September 1783, representatives of King George III of Great Britain signed a treaty in Paris with representatives of the United States of America—commonly known as the Treaty of Paris (1783)—and two treaties at Versailles with representatives of King Louis XVI of France and King Charles III of Spain—commonly known as the Treaties of Versailles (1783). The previous day, a preliminary treaty had been signed with representatives of the States General of the Dutch Republic, but the final treaty which ended the Fourth Anglo-Dutch War was not signed until 20 May 1784; for convenience, however, it is included in the summaries below. The British lost their Thirteen Colonies and the defeat marked the end of the First British Empire. The United States gained more than it expected, thanks to the award of western territory.[1] The other Allies had mixed-to-poor results. France won a propaganda victory over Britain after its defeat in the Seven Years War, however its material gains were minimal and its financial losses huge. It was already in financial trouble and its borrowing to pay for the war used up all its credit and created the financial disasters that marked the 1780s. Historians link those disasters to the coming of the French Revolution. The Dutch did not gain anything of significant value at the end of the war. The Spanish had a mixed result; they did not achieve their primary war goal of recovering Gibraltar, but they did gain some territory. -
INTERNATIONAL HUMANITARIAN LAW Answers to Your Questions 2
INTERNATIONAL HUMANITARIAN LAW Answers to your Questions 2 THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) Founded by five Swiss citizens in 1863 (Henry Dunant, Basis for ICRC action Guillaume-Henri Dufour, Gustave Moynier, Louis Appia and Théodore Maunoir), the ICRC is the founding member of the During international armed conflicts, the ICRC bases its work on International Red Cross and Red Crescent Movement. the four Geneva Conventions of 1949 and Additional Protocol I of 1977 (see Q4). Those treaties lay down the ICRC’s right to • It is an impartial, neutral and independent humanitarian institution. carry out certain activities such as bringing relief to wounded, • It was born of war over 130 years ago. sick or shipwrecked military personnel, visiting prisoners of war, • It is an organization like no other. aiding civilians and, in general terms, ensuring that those • Its mandate was handed down by the international community. protected by humanitarian law are treated accordingly. • It acts as a neutral intermediary between belligerents. • As the promoter and guardian of international humanitarian law, During non-international armed conflicts, the ICRC bases its work it strives to protect and assist the victims of armed conflicts, on Article 3 common to the four Geneva Conventions and internal disturbances and other situations of internal violence. Additional Protocol II (see Index). Article 3 also recognizes the ICRC’s right to offer its services to the warring parties with a view The ICRC is active in about 80 countries and has some 11,000 to engaging in relief action and visiting people detained in staff members (2003). -
Milch Casefertig.Rtf
TRIALS OF WAR CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS UNDER CONTROL COUNCIL LAW No. 10 VOLUME II NUERNBERG OCTOBER 1946-APRIL 1949 ________ For sale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C. - Price $2.75 (Buckram "The Milch Case " CASE NO. 2 MILITARY TRIBUNAL NO. II THE UNITED STATES OP AMERICA —against — ERHARD MILCH VII.JUDGMENT........................................................................................................................ 5 A. Opinion and Judgment of the United States Military Tribunal II* ................................... 5 COUNT TWO.................................................................................................................... 5 COUNT ONE..................................................................................................................... 9 COUNT THREE .............................................................................................................. 18 SENTENCE ............................................................................................................................. 22 B. Concurring Opinion by Judge Michael A. Musmanno.................................................... 23 COUNT ONE................................................................................................................... 23 COUNT TWO.................................................................................................................. 23 COUNT THREE ............................................................................................................. -
Treaty of Paris 1763
Unit 5 How Did the Conflict End? What Were the Consequences? “Why don’t [the British] and French fight on the sea? [They] come here only to cheat the poor Indians, and take their land from them.” —Shamokin Daniel, a Delaware, 1758 6 Background for the Teacher Read the “How Did the Conflict End? What Were the Consequences?” section of the Teacher Background on the Activity in French and Indian War, pages 25-26. This Unit “Making Peace” The end of the war had a dramatic impact on each of the • This will help your groups who took part in it. This unit helps students understand students understand the the consequences of the end of the war for the French, the consequences of the end British, and the American Indians. of the conflict for each of the three groups who Key Teaching Points took part. They will use • Treaty of Paris 1763 what they have learned to negotiate a peace treaty. • Fort Pitt was constructed • Settlers moved west of the Allegheny Mountains • Amherst changed American Indian trade policy • American Indians united under Pontiac and the British forts fell • Bouquet battled the American Indians at Bushy Run • Royal Proclamation of 1763 • Trade policies changed and Pontiac’s War ended War club with steel blade 6 Winthrop Sargent. The History of an Expedition against Fort Duquesne in 1755. (Lewisburg, PA: Wennawoods Publishing, 1997), 101. Unit 5 How Did the Conflict End? What Were the Consequences? 79 Teacher Instructions Making Peace Standards This activity allows the students to evaluate the fairness of the peace process. -
Cluster Book 9 Printers Singles .Indd
PROTECTING EDUCATION IN COUNTRIES AFFECTED BY CONFLICT PHOTO:DAVID TURNLEY / CORBIS CONTENT FOR INCLUSION IN TEXTBOOKS OR READERS Curriculum resource Introducing Humanitarian Education in Primary and Junior Secondary Education Front cover A Red Cross worker helps an injured man to a makeshift hospital during the Rwandan civil war XX Foreword his booklet is one of a series of booklets prepared as part of the T Protecting Education in Conflict-Affected Countries Programme, undertaken by Save the Children on behalf of the Global Education Cluster, in partnership with Education Above All, a Qatar-based non- governmental organisation. The booklets were prepared by a consultant team from Search For Common Ground. They were written by Brendan O’Malley (editor) and Melinda Smith, with contributions from Carolyne Ashton, Saji Prelis, and Wendy Wheaton of the Education Cluster, and technical advice from Margaret Sinclair. Accompanying training workshop materials were written by Melinda Smith, with contributions from Carolyne Ashton and Brendan O’Malley. The curriculum resource was written by Carolyne Ashton and Margaret Sinclair. Booklet topics and themes Booklet 1 Overview Booklet 2 Legal Accountability and the Duty to Protect Booklet 3 Community-based Protection and Prevention Booklet 4 Education for Child Protection and Psychosocial Support Booklet 5 Education Policy and Planning for Protection, Recovery and Fair Access Booklet 6 Education for Building Peace Booklet 7 Monitoring and Reporting Booklet 8 Advocacy The booklets should be used alongside the with interested professionals working in Inter-Agency Network for Education in ministries of education or non- Emergencies (INEE) Minimum Standards for governmental organisations, and others Education: Preparedness, Response, Recovery. -
Summary of the Geneva Conventions of 1949 and Their Additional Protocols International Humanitarian Law April 2011
Summary of the Geneva Conventions of 1949 and Their Additional Protocols International Humanitarian Law April 2011 Overview: Protecting the Byzantine Empire and the Lieber Code The Red Cross Vulnerable in War used during the United States Civil War. and International International humanitarian law (IHL) is The development of modern Humanitarian Law a set of rules that seek for humanitarian international humanitarian law is The Red Cross and the Geneva reasons to limit the effects of armed credited to the efforts of 19th century Conventions were born when Henry conflict. IHL protects persons who are Swiss businessman Henry Dunant. In Dunant witnessed the devastating not or who are no longer participating in 1859, Dunant witnessed the aftermath consequences of war at a battlefield hostilities and it restricts the means and in Italy. In the aftermath of that battle, of a bloody battle between French methods of warfare. IHL is also known Dunant argued successfully for the and Austrian armies in Solferino, Italy. as the law of war and the law of armed creation of a civilian relief corps to The departing armies left a battlefield respond to human suffering during conflict. littered with wounded and dying men. conflict, and for rules to set limits on A major part of international Despite Dunant’s valiant efforts to how war is waged. humanitarian law is contained in the mobilize aid for the soldiers, thousands Inspired in part by her work in the four Geneva Conventions of 1949 that died. Civil War, Clara Barton would later have been adopted by all nations in found the American Red Cross and In “A Memory of Solferino,” his book also advocate for the U.S. -
Protection of Civilians Against the Effects of Hostilities Under Customary International Law and Under Protocol I Waldemar A
American University International Law Review Volume 1 | Issue 1 Article 8 1986 Protection of Civilians Against the Effects of Hostilities Under Customary International Law and Under Protocol I Waldemar A. Solf Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Solf, Waldemar A. "Protection of Civilians Against the Effects of Hostilities Under Customary International Law and Under Protocol I." American University International Law Review 1, no. 1 (1986): 117-135. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. PROTECTION OF CIVILIANS AGAINST THE EFFECTS OF HOSTILITIES UNDER CUSTOMARY INTERNATIONAL LAW AND UNDER PROTOCOL I Waldemar A. Solf* INTRODUCTION Humanitarian law is the outgrowth of centuries of warfare from which the rules and customs governing the conduct of hostilities have developed. Its development was stimulated by military men who recog- nized that violence and destruction, which are superfluous to actual military necessity, are not only immoral and wasteful of scarce re- sources, but are also counter-productive to the attainment of the politi- cal objectives for which military force is used. The purpose of this presentation is to outline the historical develop- ment of restraints on the methods and means of warfare, their accept- ance as customary law binding on all states, and the relation of custom- ary law to the codifications of international law in the Hague Conventions of 1907,1 the Geneva Conventions of 1949,2 and the 1977 * Adjunct Professor of Law, Washington College of Law, The American University, Member, U.S. -
HUMAN RIGHTS Medical Humanities II 2015-2016 Prof
HUMAN RIGHTS Medical humanities II 2015-2016 Prof. Marija Definis-Gojanović, MD, Ph.D. Human rights • "fundamental rights to which a person is inherently entitled simply because she or he is a human being." - universal (applicable everywhere), - egalitarian (the same for everyone) - natural / legal - in national / international law Human rights • Are guaranteed by international standards; • Are legally protected; • Focus on the dignity of the human being; • Protect individuals and groups; • Oblige states and state actors; • Cannot be waived or taken away; • Are interdependent and interrelated; • Are universal. Human rights • Human rights movement developed in the aftermath of the Second World War and the atrocities of The Holocaust, culminating in the adoption of the Universal Declaration of Human Rights. • The ancient world did not possess the concept of universal human rights ("elaborate systems of duties, conceptions of justice, political legitimacy, and human flourishing that sought to realize human dignity, or well-being entirely independent of human rights“). History of concept • In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia: - conquered the city of Babylon - he freed the slaves, declared that all people had the right to choose their own religion, and established racial equality, - recorded these on a baked-clay cylinder in the Akkadian language - has now been recognized as the world’s first charter of human rights, - UN! History of concept • The modern concept - developed during the early Modern period. • Can be traced to Renaissance Europe and the Protestant Reformation (alongside the disappearance of the feudal authoritarianism and religious conservativism). • The most commonly held view: - concept of human rights evolved in the West, and - while earlier cultures had important ethical concepts, they generally lacked a concept of human rights (no word for "right" in any language before 1400). -
John Jay and the Treaty of Paris
John Jay and the Treaty of Paris John Jay’s role in ending the American Revolution is perhaps his most important accomplishment. For the Americans, the war for independence was about rights – no taxation without representation, and so forth. For the principal nations of Europe, however, the situation was about money and power. Colonies channeled enormous wealth into their parent nations. Great Britain was the most powerful nation on earth, and it derived much of its might from its American resources. The Declaration of Independence was an act of great courage. Our economic and governmental systems had been completely reliant on England. Success in breaking away would have been impossible without the help of at least one comparable superpower, to be a trading partner and a source of military and economic aid. France was the obvious nation to approach. France’s wars with England had dominated the eighteenth century, and it was only too happy for a chance to cut its principal adversary down to size. The French loaned the Patriots money, sold them armaments, and sent troops and battleships to the fighting. France’s help to the Americans inevitably led to direct conflict between Britain and France, and those countries soon declared war on each other. France wasn’t the only country that wanted revenge against England. Spain had lost Gibraltar to it in 1713, and Florida in 1763. The kings of Spain and France were cousins, and agreed to help each other fight the British. The French navy assisted Spain in trying to take back Gibraltar, and the Spanish helped the French in their war in return.