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Law of War Training Law of War Training Law of War Training Resources for Military and Civilian Leaders LAURIE R. BLANK GREGORY P. NOONE UniTED STATES InsTITUTE OF PeaCE WasHingTon, D.C. First published March 2008. The views expressed in this report are those of the authors alone. They do not necessarily reflect the views of the United States Institute of Peace. UniTED STATes InsTITUTE OF PeaCE 1200 17th Street NW, Suite 200 Washington, DC 20036-3011 Phone: 202.457.1700 Fax: 202.429.6063 E-mail: [email protected] Web: www.usip.org CONTENTS ACKNOwlEDGMENTS ii INTRODUCtiON 3 ANalYSIS OF TRaiNING PROGRAMS AND OptiONS 5 Key Issues in Planning and Implementing Law of War Training 5 Manpower . 6 Opportunity for External Assistance. 7 Choices Goernments Need to Make in Designing Training 8 Internal vs. External Training . 8 Classroom vs. Field Exercises . 10 Getting Started 11 DiRECTORY OF Law OF WAR TRaiNING PROGRAMS 13 National Training Programs 13 Albania . 13 Belgium . 14 Belize . 14 Brazil . 15 Canada . 15 Denmark . 16 Finland . 17 Germany . 17 Hungary. 18 India . 19 Indonesia . 19 Mongolia . 20 Netherlands. 20 New Zealand . 21 Norway . 22 Slovak Republic . 22 South Africa . 23 Sri Lanka . 24 Sudan . 24 Sweden . 25 Switzerland . 25 Tanzania . 26 Thailand . 26 Turkey . 27 v vi Contents Uganda . 27 United Kingdom . 28 United States of America . 29 Additional Countries Proiding Law of War Training 31 Selected Countries Receiing External Training 36 Countries Proiding Bilateral Assistance Training Programs 36 Belgium . 36 Canada . 36 Denmark . 37 Germany . 38 New Zealand . 38 Norway . 39 South Africa . 40 Spain . 40 Switzerland . 41 Tanzania . 42 Turkey . 42 United Kingdom . 43 United States of America . 44 International Organization Training Programs 47 International Committee of the Red Cross . 47 International Institute of Humanitarian Law . 47 United Nations Institute for Training and Research—Programme of Correspondence Instruction in Peacekeeping Operations (UNITAR POCI) . 48 INTERNET LINKS 51 Militaries and Goernments 51 International and/or Non-Goernmental Organizations 53 Uniersities and Educational Institutions 55 GlOSSARY OF ACRONYMS 56 ABOUT THE AUTHORS 57 ACKNOWLEDGMENTS e would like to thank the following individuals for their contributions and support in the development of this manual: Col. Charles Garraway, Michael Schmitt, Col. Ben WKlappe, colleagues at the International Institute of Humanitarian Law (San Remo, Italy), Neil Kritz, Harrison Tyree, Yoonie Kim, Marisa Bassett, Karen Heyman, Erica Johnston, Kurt Larson, Sandra Hodgkinson, Laurel Miller, Colette Rausch, Diana Noone, Jonathan Blank, Julie Schwartz, Marie Marr Jackson, and Kurt Volkan. vii Law of War Training INTRODUCTION ecent abuses committed by military personnel in war zones and violent conflicts the world over reemphasize the central importance of the law of armed conflict—the law of war—for Rthe protection of combatants, prisoners, and noncombatants alike, and cultural and reli- gious landmarks. At their most basic level, the laws of war promote and protect many of the values intrinsic to human life and dignity.1 Every country has an obligation to provide training to ensure that their military personnel understand and can adhere to the law of armed conflict. Under the Geneva Conventions, states are explicitly required to “include the study [of the law of armed con- flict] in their programmes of military . instruction, so that the principles thereof may become known to all their armed forces.”2 Yet not all countries currently include law of war training as part of their regular military training or offer it in any form. Although this shortcoming sometimes results from a lack of motivation or a simple disregard for the Geneva Conventions, in most coun- tries this lack of law of war training stems primarily from an absence of knowledge and opportu- nity. To fill this knowledge gap, a collaborative international team convened by the United States Institute of Peace undertook a worldwide survey of military law of war training programs and cre- ated the present resource manual.3 This manual is meant to serve not only as an information source but also as a catalyst for more countries to begin offering law of war training to their troops. It is also intended to provide a useful resource that governments can reference in determining the most appropriate means for ensuring their military forces are trained in the law of war. Operational com- manders, military chiefs of staff, and civilian decisionmakers in ministries of defense and other appropriate bodies will be able to access information about the different types of training programs other countries have implemented and learn about possible options for instituting such training in their own countries. In addition, military and civilian leaders interested in having selected person- 1 The “law of armed conflict” and the “law of war” are synonymous terms encompassing the laws and customs of war based upon both the Geneva and Hague Conventions and customary international law. The term “international humanitarian law” is also often used interchangeably with the law of armed conflict and the law of war, but it generally refers to a broader category of laws and principles encompassing not only the traditional laws of armed conflict, including war crimes, but also laws related to genocide and crimes against humanity. This manual will use the terms law of armed conflict and law of war interchangeably, and will focus on the rules and principles militaries must follow during conflict in accordance with the Geneva Conventions. 2 Article common to all four Geneva Conventions of 1948: GC I art. 47; GC II art. 48; GC III art. 127; and GC IV art. 144. One hundred ninety-two countries have ratified the four Geneva Conventions of 1949. One hundred sixty-three countries have ratified the Protocol Additional to the Geneva Conventions of 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I – AP I), and 159 countries have ratified the Protocol Additional to the Geneva Conventions of 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II – AP II). 3 Members of the team included Laurie Blank, Gregory P. Noone, Michael Schmitt, Colonel Charles Garraway, Colonel Ben Klappe, Harrison Tyree, Yoonie Kim, Marisa Bassett, Karen Heyman, and Erica Johnston. 3 4 Law of War Training: Resources for Military and Civilian Leaders nel participate in training programs provided by external sources will also be able to find informa- tion about bilateral assistance and international training programs. Further, the contacts and links to resources contained herein will hopefully prove useful to governments seeking to institute or improve law of war training in their own militaries. The manual’s first section offers an analysis of the different options available for pursuing such training. It also provides a framework that military and civilian leaders can use to assess how they can efficiently implement a law of war training program within the framework of their coun- try’s own specific financial and human resource constraints and institutional infrastructure. The second section offers a directory of existing programs and training models, representing the responses received to the survey the Institute distributed to ministries of defense and military bodies in every member state of the United Nations. This section represents the responses received to the survey, which was distributed to ministries of defense and military bodies in every member state of the United Nations. The directory covers the national training programs of twenty-eight countries and the bilateral, regional, or international training courses offered by twelve countries, provides data on eighteen countries receiving external training from these and other sources, and lists sixteen other countries that provide training but did not submit detailed information for the manual. Military and civilian leaders can use this information to review what many other countries have done and apply this knowledge in developing their own training efforts. In addition, using the contact information provided in the directory, they can both communicate with counterparts in other countries to obtain additional information and advice about developing a training program, and get in touch with bilateral and international programs to seek training assistance. The manual’s third and final section provides a comprehensive list of Web links to a wide variety of institutes, universities, militaries, governments, and other organizations that offer useful information about the law of war, law-of-armed-conflict training, and related topics. The goal of this manual is to ensure that, in seeking to train their military forces in the law of armed conflict, no military or civilian leaders will be left to wonder, “Where do we begin?” The first step is to understand the different options and opportunities currently available. The next step is to contact relevant departments, institutes, and organizations to seek advice about starting an internal training program or to enroll officers or units in a bilateral, regional, or international course. Ultimately, this manual is meant to provide any country with the information it needs to begin to fulfill its basic obligations under the Geneva Conventions and stimulate an ongoing exchange and sharing of information. National militaries not profiled in the present directory are encouraged to submit information
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