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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. -
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 -
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 ............................................................................................................. -
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. -
How to Index Conventions and Treaties
www.IndexingPartners.com Indexing A to Z How to Index Conventions and Treaties More and more in our globalized work, you will encounter references to conventions and treaties. It used to be that unless you were working on international law, you were unlikely to face references to these agreements, but now books that deal with feminism, human rights, employment issues, trade, children, war, business, etc. can all encompass conventions and treaties. They present the perfect examples of topics that demand multiple postings. First, they may have an issuing body like the United Nations or the World Trade Organization; second, they have a topic or maybe multiple topics to which they apply; third, they have formal names by which they are known; and fourth, they often have acronyms or nicknames by which they are commonly called. For me, they represent that category of entries called a “groaner” as they make you groan under all the labor of adding them to the index. Treaties When I was in grade school, I watched a lot of westerns on TV and thought of treaties as something the U.S. government made with Native American (Indian) tribes and then they smoked a “peace pipe.” In fact, most of the Indian wars did conclude in treaties (although I am not so sure about the smoking part) – I know that as I once indexed an entire volume devoted to these wars, and in the appendixes it reprinted all the treaties. Each conflict and disagreement had the potential of generating a treaty. I did not index the actual terms of each treaty, but considered each appendix (treaty) as one entity and made entries to it by its page range. -
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). -
Geneva Conventions and Protocols
Geneva Conventions and Protocols Canada ratified the four Geneva Conventions on 14 May 1965. Canada has also ratified the three additional protocols to the Geneva Conventions – Protocol I and Protocol II on 20 November 1990 and Protocol III on 26 November 2007. Adoption: The four Geneva Conventions are dated 12 August 1949; Protocol I and Protocol II are dated 8 June 1977 and Protocol III is dated 8 December 2005. Entry into force: The four Geneva Conventions – 21 October 1950; Protocol I and Protocol II – 7 December 1978; Protocol III – 14 January 2007. Number of signatories and ratifications/accessions: The four Geneva Conventions -196 accessions/ratifications, 0 signatories; Protocol I – 174 accessions/ratifications, 2 signatories; Protocol II – 168 accessions/ratifications, 3 signatories; Protocol III – 72 accessions/ratifications, 24 signatories. Summary information There are four Geneva Conventions: • Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; • Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea; • Convention (III) relative to the Treatment of Prisoners of War; and • Convention (IV) relative to the Protection of Civilian Persons in Time of War. They are dated 12 August 1949, the date on which the Final Act of the diplomatic conference, to which the conventions were annexed, was signed. Each came into force on 21 October 1950 after the first two ratifications were deposited. The Geneva Conventions and their Additional Protocols form the core of international humanitarian law, the body of international law that regulates the conduct of armed conflict and seeks to limit its effects. -
One Hundred Years of Chemical Warfare: Research
Bretislav Friedrich · Dieter Hoffmann Jürgen Renn · Florian Schmaltz · Martin Wolf Editors One Hundred Years of Chemical Warfare: Research, Deployment, Consequences One Hundred Years of Chemical Warfare: Research, Deployment, Consequences Bretislav Friedrich • Dieter Hoffmann Jürgen Renn • Florian Schmaltz Martin Wolf Editors One Hundred Years of Chemical Warfare: Research, Deployment, Consequences Editors Bretislav Friedrich Florian Schmaltz Fritz Haber Institute of the Max Planck Max Planck Institute for the History of Society Science Berlin Berlin Germany Germany Dieter Hoffmann Martin Wolf Max Planck Institute for the History of Fritz Haber Institute of the Max Planck Science Society Berlin Berlin Germany Germany Jürgen Renn Max Planck Institute for the History of Science Berlin Germany ISBN 978-3-319-51663-9 ISBN 978-3-319-51664-6 (eBook) DOI 10.1007/978-3-319-51664-6 Library of Congress Control Number: 2017941064 © The Editor(s) (if applicable) and The Author(s) 2017. This book is an open access publication. Open Access This book is licensed under the terms of the Creative Commons Attribution-NonCommercial 2.5 International License (http://creativecommons.org/licenses/by-nc/2.5/), which permits any noncom- mercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made. The images or other third party material in this book are included in the book's Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the book's Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. -
The Updated ICRC Commentary on the Second Geneva Convention
International Review of the Red Cross (2016), 98 (2), 401–417. War and security at sea doi:10.1017/S1816383117000376 The updated ICRC Commentary on the Second Geneva Convention: Demystifying the law of armed conflict at sea Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra and Ellen Nohle* Bruno Demeyere, Jean-Marie Henckaerts and Ellen Nohle are Legal Advisers in the Commentaries Update Unit in the Legal Division of the ICRC, and Heleen Hiemstra is an Associate in this Unit. Abstract Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the Convention, the type of vessels it protects (in particular hospital ships and coastal rescue craft), and its relationship with other sources of international humanitarian law and international law conferring * The authors wish to acknowledge that this article summarizes the key findings of the new Commentary and as such reflects the input of many experts involved in the drafting and review of the Commentary. © icrc 2017 401 B. Demeyere, J.-M. Henckaerts, H. Hiemstra, E. Nohle protection to persons in distress at sea. -
Geneva Conventions of 12 August 1949
THE GENEVA CONVENTIONS OF 12 AUGUST 1949 CO-MMENTARY published under the general editorship of Jean S. PICTET Doctor of Laws Director for General Affairs of the International Committee of the Red Cross GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA Inter + ama caritas GENEVA INTERNATIONAL COMMITTEE OF THE RED CROSS 1960 COMMENTARY published under the general editorship of Jean S. PICTET Doctor of Laws Director for General Affairs of the International Committee of the Red Cross GENEVA CONVENTION FOR THE AMELIORAT~ONOF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA by Jean S. PICTET Doctor of Laws with the co-operation of Rear-Admiral Mi W. MOUTON Doctor of Laws and FrBdBric SIORDET Claude PILLOUD Advocate Advocate Vim-President of the ICRC Assistant Director for General Affairs of the ICRC Jean-Pierre SCHOENHOLZER RenB- Jean WILHELM Member of the Legal Department Member of the Legal Department of the ICRC of the ICRC Oscar M. UHLER Doctor of Laws Former Member of the Legal Department of the ICRC Translated into English from the original French by A. P. de HENEY GENEVA INTERNATIONAL COMMITTEE OF THE RED CROSS 1960 CONTENTS Page FOREWORD........................ 1 INTRODUCTION...................... 3 1. The " Maritime Convention " : its origin and progressive development ...................... 2. Revision of the Geneva Conventions ........... TITLEOF THE CONVENTION................ PREAMBLE........................ CHAPTERI GENERAL PROVISIONS ARTICLE1. -Respect for the Convention ........... ARTICLE2. -Apfilication of the Convention .......... Paragraph 1. - Armed conflicts involving the application of the Convention ................... Paragraph 2. -Occupied territories ........... Paragraph 3. - Conflicts in which the belligerents are not all parties to the Convention .............. -
Geneva Conventions and Their Additional Protocols
Basic rules of the Geneva Conventions and their Additional Protocols International Committee of the Red Cross ICRC publication 1988 ref. 0365 Basic rules of the Geneva Conventions and their Additional Protocols Foreword The aim of this document, "The Geneva Conventions and the Additional Protocols-Basic Rules", is to provide a condensed synthesis of the rules of international humanitarian law in armed conflicts as contained in these legal instruments. This presentation itself is preceded by a summary which sets out, as simply and briefly as possible, the fundamental rules which are the basis of these treaties and the law of armed conflicts as a whole. Prepared for dissemination purposes, this work cannot in any circumstances serve as a substitute for the complete provisions of the international agreements to which the marginal notes refer. Summary: Basic rules of international humanitarian law in armed conflicts 1. Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely without any adverse distinction. 2. It is forbidden to kill or injure an enemy who surrenders or who is hors de combat. 3. The wounded and sick shall be collected and cared for by the party to the conflict which has them in its power. Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red cross or the red crescent is the sign of such protection and must be respected. 4. Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives,dignity, personal rights and convictions.