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Human Rights & Humanitarian Law in Military Operations

Human Rights & Humanitarian Law in Military Operations. Overview. Humanitarian Law internal or international armed conflict specialized law Human Rights Law minimum & general standards persons under jurisdiction of a state. Fundamental Human Rights Law Applicable in All Operations.

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Human Rights & Humanitarian Law in Military Operations

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  1. Human Rights & Humanitarian Lawin Military Operations

  2. Overview • Humanitarian Law • internal or international armed conflict • specialized law • Human Rights Law • minimum & general standards • persons under jurisdiction of a state

  3. Fundamental Human Rights LawApplicable in All Operations Customary international law prohibits: • genocide • slavery or slave trade • murder or causing the disappearance of persons • torture, or other cruel, inhuman, or degrading treatment or punishment • prolonged arbitrary detention • systematic racial discrimination • a consistent pattern of gross violation of internationally recognized human rights

  4. Compliance WithInternational Law • Reciprocity • Predictability & Interdependence • Public Opinion • = Legitimacy • Enhances Effectiveness & Speeds Mission Accomplishment

  5. Why Comply WithHumanitarian Law? • Consistent with Principles of War • the objective • mass • economy of force • Consistent with Principles of Military Operations Other Than War • restraint • legitimacy

  6. Why Comply withHuman Rights & Humanitarian Law? • Speed War Termination & Improve Post-Hostilities Relations • Reciprocity • Internal Armed Conflict • win support of civilian population • Increased intelligence & insurgent surrender • Prevents Breakdown of Discipline

  7. Causes of Violations • Poor Leadership • Poor Training • Unclear Mission/Orders • Dehumanizing the Enemy • Lack of Sleep • High Frustration Level • High Casualties • Alcohol & Drug Abuse

  8. Purposes of Human Rights& Humanitarian Law • Minimum protections • Protections for those not involved in combat • Usefulness of Rules of Engagement & Rules for the Use of Force

  9. U.S. Policy on Applicationof Humanitarian Law • Comply During All Armed Conflicts • Prevent Violations Through Training • Report, Investigate, Prosecute • Provide Legal Advisors

  10. Conclusion

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