The Law of Armed Conflict

The Law of Armed Conflict Treaties & Principles

A Brief History of the Geneva Conventions • http://www.youtube.com/watch?v=5SNneFCxJmA

Jean Henri Dunant (Swiss, 1828-1910) 1859 The Battle of Solferino 1862 A Memory of Solferino published 1864 ICRC founded and First Geneva Convention signed by 12 nations 1901 Nobel Peace Prize

The Geneva Conventions 1864 Convention for the Amelioration of the Condition of the Wounded in Armies in the Field -protection of hospitals, ambulances, and medical personnel -collection of and care for the wounded -adoption of the Red Cross emblem

The Geneva Conventions 1906 Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field -protection of hospitals, ambulances, and medical personnel -collection of and care for the wounded -use of the Red Cross emblem -names of sick/wounded given to authorities of their country -collection of documents and personal effects of the dead, to be given to authorities of their country -domestic legislation to repress mistreatment of the sick/wounded or misuse of the Red Cross emblem

The Geneva Conventions 1906 Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea -protection of hospital ships neutral vessels from attack and capture -protection of religious and medical personnel on combat ships -collection of and care for the wounded and shipwrecked -prohibition of use of hospital ships for combat

The Geneva Conventions 1929 Convention Relative to the Treatment of Prisoners of War -requirement of humane treatment of POWs -requirement that prisoners be fed and maintained -protection of medical aircraft -prohibition of reprisals -requirement that prisoners be allowed to correspond with their families -permission to give prisoners work, provided it is not dangerous or directly related to the war effort -requirement of repatriation without delay

The Geneva Conventions First Geneva Convention, 1949 Second Geneva Convention, 1949 Third Geneva Convention, 1949 Fourth Geneva Convention, 1949

Fourth Geneva Convention, 1949Relative to the Protection of Civilian Persons in Time of War • Those taking no active part in hostilities must be treated humanely; hostage-taking, rape, forced prostitution, assault, and the like are prohibited.

Fourth Geneva Convention, 1949Relative to the Protection of Civilian Persons in Time of War • Those taking no active part in hostilities must be treated humanely; hostage-taking, rape, forced prostitution, assault, and the like are prohibited. • Measures must be taken to remove protected persons from besieged areas.

Fourth Geneva Convention, 1949Relative to the Protection of Civilian Persons in Time of War • Those taking no active part in hostilities must be treated humanely; hostage-taking, rape, forced prostitution, assault, and the like are prohibited. • Measures must be taken to remove protected persons from besieged areas. • War orphans should be entrusted to persons of a similar cultural tradition.

Fourth Geneva Convention, 1949Relative to the Protection of Civilian Persons in Time of War • Those taking no active part in hostilities must be treated humanely; hostage-taking, rape, forced prostitution, assault, and the like are prohibited. • Measures must be taken to remove protected persons from besieged areas. • War orphans should be entrusted to persons of a similar cultural tradition. • Protected persons may not be coerced into giving information.

Fourth Geneva Convention, 1949Relative to the Protection of Civilian Persons in Time of War • Those taking no active part in hostilities must be treated humanely; hostage-taking, rape, forced prostitution, assault, and the like are prohibited. • Measures must be taken to remove protected persons from besieged areas. • War orphans should be entrusted to persons of a similar cultural tradition. • Protected persons may not be coerced into giving information. • An occupying power must give accused persons fair trials.

Fourth Geneva Convention, 1949Relative to the Protection of Civilian Persons in Time of War • Those taking no active part in hostilities must be treated humanely; hostage-taking, rape, forced prostitution, assault, and the like are prohibited. • Measures must be taken to remove protected persons from besieged areas. • War orphans should be entrusted to persons of a similar cultural tradition. • Protected persons may not be coerced into giving information. • An occupying power must give accused persons fair trials. • Protected persons may be interned only if the security of the detaining power makes it absolutely necessary.

Fourth Geneva Convention, 1949Relative to the Protection of Civilian Persons in Time of War • Those taking no active part in hostilities must be treated humanely; hostage-taking, rape, forced prostitution, assault, and the like are prohibited. • Measures must be taken to remove protected persons from besieged areas. • War orphans should be entrusted to persons of a similar cultural tradition. • Protected persons may not be coerced into giving information. • An occupying power must give accused persons fair trials. • Protected persons may be interned only if the security of the detaining power makes it absolutely necessary. • Internment camps must be sanitary, and internees must be fed and clothed and treated humanely.

Fourth Geneva Convention, 1949 Art. 146. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts…[or] hand such persons over for trial to another High Contracting Party concerned….

Fourth Geneva Convention, 1949 Art. 147. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention:

Grave breaches -wilful killing

Grave breaches -wilful killing -torture or inhuman treatment, including biological experiments

Grave breaches -wilful killing -torture or inhuman treatment, including biological experiments -wilfully causing great suffering or serious injury to body or health

Grave breaches -wilful killing -torture or inhuman treatment, including biological experiments -wilfully causing great suffering or serious injury to body or health -unlawful deportation or transfer or unlawful confinement of a protected person

Grave breaches -wilful killing -torture or inhuman treatment, including biological experiments -wilfully causing great suffering or serious injury to body or health -unlawful deportation or transfer or unlawful confinement of a protected person -compelling a protected person to serve in the forces of a hostile Power

Grave breaches -wilful killing -torture or inhuman treatment, including biological experiments -wilfully causing great suffering or serious injury to body or health -unlawful deportation or transfer or unlawful confinement of a protected person -compelling a protected person to serve in the forces of a hostile Power -wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention

Grave breaches -wilful killing -torture or inhuman treatment, including biological experiments -wilfully causing great suffering or serious injury to body or health -unlawful deportation or transfer or unlawful confinement of a protected person -compelling a protected person to serve in the forces of a hostile Power -wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention -taking of hostages

Grave breaches -wilful killing -torture or inhuman treatment, including biological experiments -wilfully causing great suffering or serious injury to body or health -unlawful deportation or transfer or unlawful confinement of a protected person -compelling a protected person to serve in the forces of a hostile Power -wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention -taking of hostages -extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

Fourth Geneva Convention, 1949 Art. 146. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts…[or] hand such persons over for trial to another High Contracting Party concerned….

Additional Protocols • 1977 Additional Protocol I • 1977 Additional Protocol II • 2005 Additional Protocol III

2005 Additional Protocol III

1977 Additional Protocol II Art 1. Material field of application1. 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.

1977 Additional Protocol II Art 1. Material field of application1. 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.2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.

1977 Additional Protocol II Art 4 Fundamental guarantees1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors.

1977 Additional Protocol II Art 4 Fundamental guarantees 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph I are and shall remain prohibited at any time and in any place whatsoever:(a) violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;(b) collective punishments;(c) taking of hostages;(d) acts of terrorism;(e) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form or indecent assault;(f) slavery and the slave trade in all their forms;(g) pillage;(h) threats to commit any or the foregoing acts.

1977 Additional Protocol IPreamble The High Contracting Parties,Proclaiming their earnest wish to see peace prevail among peoples,Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application,

1977 Additional Protocol I Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations,Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict,Have agreed on the following…

1977 Additional Protocol I 2. In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience.3. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions.4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.

Four Core LOAC Principles • Distinction • Military Necessity • Proportionality • Unnecessary Suffering

Four Core LOAC Principles Only military objectives may be targeted (Distinction)

Four Core LOAC Principles Only military objectives may be targeted (Distinction), and only when they confer a military advantage (Military Necessity)

Four Core LOAC Principles Only military objectives may be targeted (Distinction), and only when they confer a military advantage (Military Necessity) and do not result in a disproportionate amount of civilian harm (Proportionality)

Four Core LOAC Principles Only military objectives may be targeted (Distinction), and only when they confer a military advantage (Military Necessity) and do not result in a disproportionate amount of civilian harm (Proportionality), and only by means that do not cause unnecessary suffering to combatants (Unnecessary Suffering).

1977 Additional Protocol I Part III. Method and Means of Warfare: Combatant and POWs Section I. Methods and Means of WarfareArt 35. Basic rules1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

The Law of Armed Conflict