DOCSLIB.ORG

THE LAWS of WAR and the FIGHT AGAINST SOMALI PIRACY: COMBATANTS OR CRIMINALS? the Laws of War and the Fight Against Somali Piracy DOUGLAS GUILFOYLE *

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
THE LAWS of WAR and the FIGHT AGAINST SOMALI PIRACY: COMBATANTS OR CRIMINALS? the Laws of War and the Fight Against Somali Piracy DOUGLAS GUILFOYLE * THE LAWS OF WAR AND THE FIGHT AGAINST SOMALI PIRACY: COMBATANTS OR CRIMINALS? The Laws of War and the Fight against Somali Piracy DOUGLAS GUILFOYLE * Despite its codification in treaty law, the law applicable to the repression of high seas piracy remains a subject of unnecessary confusion and speculation. It is sometimes suggested that because pirates were described by classical authors as hostes humani generis (‘enemies of humankind’), or because the United Nations Security Council has authorised the use of ‘necessary means’ in repressing Somali piracy, that we are at war with pirates. Alternatively, it might be thought that because the current counter-piracy operations in the Gulf of Aden are being conducted by naval forces, the appropriate law governing their actions should be the laws of armed conflict. On the contrary, this commentary confirms the view accepted by all governments involved in counter-piracy operations: that this is a law-enforcement operation to which the laws of armed conflict have no application. This follows from the fact that pirates are not in any relevant legal sense engaged in an armed conflict. Further, it is far from obvious that deeming the laws of armed conflict to be applicable would make the task of navies any easier on the one hand, or provide any greater human rights protection to suspect pirates on the other. There is already a clearly established framework for law-enforcement operations at sea; not only is this the correct law to apply as a matter of doctrine, it is hard to see what advantages would follow from applying the laws of war as a matter of policy. CONTENTS I Introduction............................................................................................................... 1 II Are the Laws of Armed Conflict Prima Facie Applicable?...................................... 3 III The Consequences of Applying the Laws of Armed Conflict to Counter-Piracy Operations ....................................................................................... 7 IV The Applicable Law of Law Enforcement Operations ............................................. 8 V Do the Laws of Piracy Apply to Civil War Insurgents? ......................................... 11 VI Conclusions............................................................................................................. 12 I INTRODUCTION Poverty, lack of employment, environmental hardship, pitifully low incomes, reduction of pastoralist and maritime resources due to drought and illegal fishing and a volatile security and political situation all contribute to the rise and continuance of piracy in Somalia.1 Pirate attacks off the coast of Somalia are now endemic. In the early 1990s such attacks were limited, conducted relatively close to shore and were allegedly * BA (Hons), LLB (Hons) (ANU); LLM, PhD (Cantab); Lecturer in Law, Faculty of Laws, University College London. The present commentary is a revised and expanded version of a presentation given at the International Committee of the Red Cross 10th Bruges Colloquium on International Humanitarian Law in October 2009. I am grateful to the anonymous referees for their helpful comments. Any errors remain my own. Email: [email protected]. 1 International Expert Group on Piracy off the Somali Coast, Piracy off the Somali Coast — Final Report: Assessments and Recommendations (Workshop Commissioned by the Special Representative of the Secretary General of the United Nations to Somalia Ambassador Ahmadeou Ould-Abdallah, 21 November 2008 15 <http://www.imcsnet.org/> (‘UN Expert Report’). 1 2 Melbourne Journal of International Law [Vol 11 the work of groups trying to protect Somalia’s waters from unregulated foreign fishing.2 Indeed, it is often suggested that these early pirates were trained by internationally financed coastguard development programs discontinued during the civil war.3 Claims that piracy is also a response to the illegal dumping of toxic waste off Somalia’s coast are often repeated but have not been substantiated by United Nations Environment Programme investigations.4 Irrespective of their origins, pirate attacks have now escalated to hostage-taking for ransom, with vessels being indiscriminately seized far outside Somali waters. The terror of piracy now jeopardises trade and fishing as far from the Somali shore as the Seychelles.5 There is no doubt that piracy has outgrown any alleged displaced-fishermen origins and is now a serious, organised criminal activity. While it principally targets foreign ships, it also affects regional trade and shipping. Various national and multinational counter-piracy missions now patrol the Gulf of Aden6 and this military presence — along with the wording of relevant Security Council resolutions endorsing the use of ‘all necessary means’ or ‘all necessary measures’ at sea and on land to suppress piracy7 — has raised the question of whether the laws of war have any role to play in combating piracy. The simple answer is ‘no’. The purpose of this commentary is to set out briefly the reasoning that supports the conclusion that the laws of armed conflict have no application to the case of Somali piracy. The generally accepted starting proposition is that the fight against piracy is a law enforcement operation and that the applicable rules are those of police powers. Pirates are not combatants, they are ordinary 2 On the history of Somali piracy, see generally ibid 14–22. 3 On the role of the United Kingdom firm Hart Security in training ‘coastguard’ units in the Puntland region of Somalia, see Firms Reap Somali Piracy Profits (9 September 2009) Al Jazeera <http://english.aljazeera.net/>. 4 UN investigations in 1992, 1997 and 2005 have failed to find any traces of toxicity on Somali beaches reported to be so heavily contaminated that locals had died. See United Nations Environment Programme, ‘The State of the Environment in Somalia: A Desk Study’ (December 2005), 33 <http://www.unep.org/depi/programmes/Somalia_Final.pdf> at 21 March 2010. Claims that Somali warlords have allowed European companies access to land sites for unsafe waste disposal are better documented. See, eg, Jonathan Clayton, Somalia’s Secret Dumps of Toxic Waste Washed Ashore by Tsunami (4 March 2005) Times Online <http://www.timesonline.co.uk>. 5 Seychelles Coastguard Vessel Rescues Fishermen from Somali Pirates (29 March 2010) France24 Online <http://www.france24.com/>. 6 States and organisations involved include Australia, Canada, Denmark, France, India, the Netherlands, the Russian Federation, Spain, the United Kingdom, the United States, NATO Operation Ocean Shield, the Coalition of the Willing’s Combined Taskforce 151 and EU Naval Force Operation Atalanta. See SC Res 1846, UN SCOR, 63rd sess, 6026th mtg, UN Doc S/RES/1846 (2 December 2008) [6] (‘Resolution 1846’); SC Res 1897, UN SCOR, 64th sess, 6226th mtg, UN Doc S/RES/1897 (20 November 2009) Preamble (‘Resolution 1897’); Max Blenkin, HMAS Toowoomba Turns Heat on Pirates, (9 November 2009) The Age Online <http://www.theage.com.au>. See also Douglas Guilfoyle, ‘Counter-Piracy Law Enforcement and Human Rights’ (2010) 59 International and Comparative Law Quarterly 141. 7 SC Res 1816, UN SCOR, 63rd sess, 5902nd mtg, UN Doc S/RES/1816 (2 June 2008) [7(b)] (‘Resolution 1816’); Resolution 1846, UN Doc S/RES/1846, [10(b)] (both concerning action in Somalia’s territorial waters); SC Res 1851, UN SCOR, 63rd sess, 6046th mtg, UN Doc S/RES/1851 (16 December 2008) [6] (‘Resolution 1851’) (concerning action in Somalia’s land territory); Resolution 1897, UN Doc S/RES/1897, [7] (renewing the authorisation given in earlier resolutions). 2010] The Laws of War and the Fight against Somali Piracy 3 criminals. This is the view taken by all governments engaged in counter-piracy operations in the Gulf of Aden, a view demonstrated by the conclusion of agreements allowing for the transfer of captured pirates to Kenya and the Seychelles for criminal investigation and prosecution.8 The Security Council has endorsed this approach and has stressed that the governing law is that of the United Nations Convention on the Law of the Sea.9 The laws of armed conflict could potentially apply to Somali piracy only under the most limited conditions, none of which presently appear to be met. The analysis here proceeds in several steps: • First, why the laws of armed conflict are not prima facie applicable; • Second, why the laws of armed conflict — if they did govern piracy operations — would simply be counterproductive or question-begging; • Third, I will suggest that there is an applicable lex specialis of law enforcement operations at sea that already covers the field — there is no need to have recourse to the laws of armed conflict to fill any legal ‘black hole’; and • Fourth, I will briefly discuss the historical debate as to the status of civil war insurgents who ‘take to the seas’ in their fight to overthrow a government. II ARE THE LAWS OF ARMED CONFLICT PRIMA FACIE APPLICABLE? Despite the rhetoric of classical writers on this subject, denouncing the pirate as hostis humani generis (‘an enemy of humankind’),10 we cannot start from the presumption that we are at war with pirates. The laws of war only apply during an armed conflict. The existence of an international or non-international armed conflict is a question of fact: [A]n armed conflict exists whenever there is a resort to armed force between States or protracted armed violence between governmental authorities and organized armed groups or between such groups within a State.11 On
Load more

Recommended publications
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • 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).
    [Show full text]
  • Abortion and the Laws of War: Subverting Humanitarianism by Executive Edict
    University of St. Thomas Journal of Law and Public Policy Volume 9 Issue 1 Fall 2014 Article 1 January 2014 Abortion and the Laws of War: Subverting Humanitarianism by Executive Edict Susan Yoshihara Follow this and additional works at: https://ir.stthomas.edu/ustjlpp Part of the Human Rights Law Commons, and the Military, War, and Peace Commons Recommended Citation Susan Yoshihara, Abortion and the Laws of War: Subverting Humanitarianism by Executive Edict, 9 U. ST. THOMAS J.L. & PUB. POL'Y 1 (2014). Available at: https://ir.stthomas.edu/ustjlpp/vol9/iss1/1 This Article is brought to you for free and open access by UST Research Online and the University of St. Thomas Journal of Law and Public Policy. For more information, please contact the Editor-in-Chief at [email protected]. ABORTION AND THE LAWS OF WAR: SUBVERTING HUMANITARIANISM BY EXECUTIVE EDICT SUSAN YOSHIHARA' INTRODUCTION Humanitarian principles are under siege everywhere. From the shooting down of the Malaysian airliner in Ukraine, beheading of Western journalists and aid workers in Syria, murder of Christians in Iraq, and abduction of children as soldiers and sex slaves in the Congo-the headlines are filled with the flouting of international humanitarian law. That law is meant to protect non-combatants from the scourge of war. This essay tells the story of one of those disregarded principles: the prohibition against rape. The story is about why renewed efforts to get warring nations to obey the law could be brought down by a parallel movement to get Western nations to redefine it with a right to abortion.
    [Show full text]
  • STRATEGIC ROLE of INDIAN NAVY in IOR at PRESENT Hemant
    Scholarly Research Journal for Humanity Science & English Language, Online ISSN 2348-3083, SJ IMPACT FACTOR 2019: 6.251, www.srjis.com PEER REVIEWED & REFEREED JOURNAL, JUNE-JULY, 2021, VOL-9/46 STRATEGIC ROLE OF INDIAN NAVY IN IOR AT PRESENT Hemant Kumar Pandey1, Ph. D. & Akhilesh Dwivedi2 Paper Received On: 25 JULY 2021 Peer Reviewed On: 31 JULY 2021 Published On: 1 AUGUST 2021 Content Originality & Unique: 70% Scholarly Research Journal's is licensed Based on a work at www.srjis.com Introduction- The Indian Ocean Region (IOR) turned out to be the most engaging region for global activities in recent years. The Indian Ocean consists of the most important trade routes of the world. The Indian Ocean provides a way to move through various regions of the world. World's huge economic players always keep an eye on the IOR for its strategic importance. The Indian Ocean is a gateway to the Atlantic Ocean through the Mediterranean Sea via the Red Sea and it also provides a way to the Pacific Ocean through the Strait of Malacca. It is the main shipping channel for the Pacific and Atlantic oceans. The Indian Ocean region is spread over 28 states, three continents and covers 17.5% of the global land area. The IOR is home to almost 36% of the population of the world. The region is proven to have a rich petroleum resources and other metals. Indian Ocean is also a rich source of fish and its export. Major Sea routes of the world pass through the Indian Ocean that connects the Middle East, Africa, and East Asia with Europe and the Americas.
    [Show full text]
  • Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
    Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) Adopted on 8 June 1977 by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts Entry into force: 7 December 1978, in accordance with Article 23 Preamble The High Contracting Parties , Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of 12 August 1949 constitute the foundation of respect for the human person in cases of armed conflict not of an international character, Recalling furthermore that international instruments relating to human rights offer a basic protection to the human person, Emphasizing the need to ensure a better protection for the victims of those armed conflicts, Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience, Have agreed on the following: Part I SCOPE OF THIS PROTOCOL Article 1.-Material field of application 1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol.
    [Show full text]
  • Ÿþm I C R O S O F T W O R
    Copernic Agent Search Results Search: Gulf of Aden war ship battle portal (All the words) Found: 1019 result(s) on _Full.Search Date: 7/23/2010 11:06:20 AM 1. Indian Frigate Sinks Pirate Ship in Gulf of Aden ... NEW DELHI, Nov. 19 -- An Indian navy frigate battled with and sank a vessel described as a pirate mother ship in the Gulf of Aden, one of the world's busiest and most ... http://www.washingtonpost.com/wp-dyn/content/article/2008/11/19/AR2008111900364.html 94% 2. Pirate Attack in the Gulf of Aden Michael Briant completed a circumnaviagion in Bambola reports on Pirates, Red Sea Anchorages lightning strikes, French Canal routes and all the fun of blue water ... http://www.michaelbriant.com/attacked.htm 93% 3. What is Happening in the Gulf of Aden? « Revolutionizing Awareness It has a Swirl Pattern just Like A Portal In ... those who have been in charge of making war ... French Ship Guepratte Provides a Presence in Gulf of Aden http://revolutionizingawareness.wordpress.com/2010/02/01/what-is-happening-in-the-gulf-of-aden/ 93% 4. Piracy in Somalia - Wikipedia, the free encyclopedia ... 11 May 2010, Somali pirates seized a Bulgarian-flagged ship in the Gulf of Aden. ... increased war insurance premium due to the high risk off the Gulf of Aden."[80] ... http://en.wikipedia.org/wiki/Piracy_in_Somalia 92% 5. Shippers urge naval blockade of Somali coast World news channel covers Asia-Pacific, Middle East, Europe, America and Africa. Chinadaily.com.cn is the largest English portal in China, providing news, business ..
    [Show full text]
  • International Legal Protection of Human Rights in Armed Conflict
    I INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT New York and Geneva, 2011 II INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a figure indicates a reference to a United Nations document. HR/PUB/11/01 UNITED NATIONS PUBLICATION SALES No. E.11.XIV.3 ISBN-13: 978-92-1-154191-5 eISBN-13: 978-92-1-055097-0 © 2011 UNITED NATIONS ALL WORLDWIDE RIGHTS RESERVED III CONTENTS INTRODUCTION ........................................................................... 1 I. INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT: LEGAL SOURCES, PRINCIPLES AND ACTORS ............................. 4 A. Sources of international human rights law and international humanitarian law ........................................................... 7 B. Principles of international human rights law and international humanitarian law ......................................... 14 C. Duty bearers in international human rights law and international humanitarian law ........................................ 21 II. REQUIREMENTS, LIMITATIONS AND EFFECTS OF THE CONCURRENT APPLICABILITY OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT .... 32 A. Armed conflict as the trigger............................................ 33 B. Territory and applicability of international human rights law and international humanitarian law .................................. 42 C. Limitations on the application of international human rights law and international humanitarian law protections............ 46 D.
    [Show full text]
  • The Law of Armed Conflict
    Lesson 10 THE LAW OF ARMED CONFLICT Non-international armed conflict 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 NON-INTERNATIONAL ARMED CONFLICT LESSON 10 AIM [ Slide 2] The aim of this lesson is to describe how the law of armed conflict applies to non-international armed conflicts. The lesson will cover: 1. Background. 2. The law in outline. 3. The law in detail. 4. Completing the picture. NON-INTERNATIONAL ARMED CONFLICT INTRODUCTION Let us start by defining the term non-international armed conflict. You may recall that in our very first lesson we described non-international armed conflicts as those taking place within the territory of a State and in which the armed forces of no other State participate. One example is protracted armed violence between the armed forces of a State and those they regard as dissident, rebel or insurgent groups. Another is fighting between two or more armed groups within a State but not necessarily involving government troops; protracted armed violence is again a condition. As you will see in greater detail during the lesson, non-international armed conflicts are governed by specific provisions of the law. Under treaty law, slightly different provisions apply when the internal opposition is better organized in terms of command and control of territory, enabling it to carry out sustained and concerted military operations and to implement the law.
    [Show full text]
  • Planning and Management of Refits of Indian Naval Ships
    Planning and Management of Refits of Indian Naval Ships Report of the Comptroller and Auditor General of India for the year ended March 2013 Union Government Defence Services (Navy) Report No. 31 of 2013 (Performance Audit) PerformanceAuditofPlanningandManagementofRefitsofIndianNavalShips CONTENTS Sl. No./ Subject Page Para No. 1. Preface i 2. Executive Summary ii 3. Chapter 1 : Introduction 1 1.1 Background 1 1.2 Refit and its types 1 1.3 Organisational Structure 3 1.4 Repair Yards 4 1.5 Financial Aspects 5 1.6 Reasons for selecting the topic 5 1.7 Audit Objectives 6 1.8 Scope of Audit 6 1.9 Sources of Audit Criteria 7 1.10 Acknowledgement 7 1.11 Audit Methodology 8 4. Chapter 2 : Planning and Execution 9 of Refits 2.1 How are the refits planned? 9 2.2 Execution of Refits 11 2.3 Excess utilisation of dry docking days 18 2.4 Off-loading of refits 18 5. Chapter 3 : Mid Life Update of Ships 23 3.1 Mid Life Updates: The Rationale, Need and the 23 Candidate Ships 3.2 Planning and Implementation of MLUs 24 3.3 Financial Management 29 3.4 Efficacy of MLU 31 3.5 Procurement of MLU equipment 34 PerformanceAuditofPlanningandManagementofRefitsofIndianNavalShips 6. Chapter 4: Infrastructure, Human 41 Resources and Supply of Spares 4.1 Background 41 4.2 Infrastructure Facilities 41 4.3 Earlier Audit Findings 43 4.4 Creation of Additional infrastructure 43 4.5 Human Resources 48 4.6 Supply of Spares 54 4.7 Local purchase of Stores 59 7. Chapter 5 : Cost Accounting of Refits and 62 MLUs 5.1 Introduction 62 5.2 Cost Accounting System in Dockyard 63 5.3 Delay in preparation of AWPA 64 5.4 Difficulties in ascertaining cost of a refit 65 5.5 Delay in closing of work orders 65 5.6 Non-preparation of cost accounts 66 8.
    [Show full text]