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Dive deep into International Humanitarian Law with detailed Geneva Conventions and Protocols summaries, state implementation, resolutions, and fostering cooperation between bodies. Learn about protecting rights, terrorism, mines, detainees, and more.
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Curso 2do Derecho Internacional Humanitario:Comision de Asuntos Juridicos y PoliticosWashington, D.C.Enero 24, 2008 John M. Wilson Oficina de Derecho Internacional Departamento de Asuntos Jurídicos Internacionales
Organization of American States Organization of American States National Application of IHL – General Objectives • Strengthen Application of IHL • Promote Universal Acceptance of IHL Rules, Norms Instruments • Assist States in the Adoption of National Measures • Promote Widest Dissemination of IHL
Organization of American States General Objectives Promotion - Dissemination • General Assembly: political dialogue, resolutions, civil society, reports, mandates, budget • Permanent Council:political dialogue, follow-up, sessions, ICRC, civil society, work plan • Committee on Juridical and Political Affairs:special session on IHL, work session ICC, course, resolutions • General Secretariat: Office of International Law: Inter-American Juridical Committee, coordination AG/CP/CAJP, course, workshops, internet, cooperation with ICRC
Organization of American States First IHL Course International Humanitarian Law • General Introduction to IHL • Detailed summary of Geneva Conventions (1949) • Detailed summary of Additional Protocols (1977) • Introduction to the way OAS organs, agencies, and entities should apply IHL in their respective areas
Political Bodies (GA/PC/CAJP/CHS) General Knowledge Draft/Negotiation Gen. Assembly Resolutions State Implementation of IHL Instruments Development of Laws Technical Bodies (OAS:GS/CIM/IIN/CICAD/CICTE) General Knowledge Implementation of Gen. Assembly Resolutions Recognition of IHL related topics Incorporation of IHL into programs/projects Course Objectives
Organization of American States Second IHL Course International Humanitarian Law • Summary of introductory IHL course • Topic-specific application of Geneva Conventions / Protocols of 1977 • Detailed analysis of IHL-related resolutions and mandates • Foster Cooperation between Technical and Political Bodies in the implementation of IHL related mandates
Organization of American States G.A. Resolutions - Inter-American Role OAS plays important Role in IHL in the Americas • Promotion and Protection of IHL • Missing Persons • Terrorism – War against Terror • Mine Clearance (De-mining) • Arms Availability/Small Weapons • Detainees/Prison Policies • Human Rights and IHL • IHL and Gender • Military Training and Functions • Cooperation with ICRC
Organization of American States Inter-American Actors • OAS:Political and technical bodies committed to the promotion and respect of IHL in member states. • Member States:Individual efforts for the national application of IHL in accordance with their international obligations on the matter. • ICRC: Lends assistance for persons affected by situations of conflict, coordinate activities of and principal promotor of international humanitarian law. • National Commissions: Advisory bodies for the states in the adoption of nation al measures on IHL and efforts to promote and respect IHL (17 states)
International Armed Conflict protection of persons protection of property limits methods of warfare limits means of warfare Geneva Conventions (1949) Additional Protocol I (1977) Protects: Civilians / Wounded Combatants / Prisoners of War non-International Armed Conflict protection of persons limits methods of warfare limits means of warfare Common art. 3 (1949) Additional protocol II (1977) Protects: Civilians/Persons not no-longer engaged in hostilities IHL Rules: Treaty & Custom
Organization of American States Contemporary Application of IHL Application of IHL • Nature of Armed Conflicts: Traditional Conflicts vs. Modern Conflicts. • IHL Concepts: Concepts of armed conflict, combatants and prisoners of war have become increasingly difficult to define and characterize. Combatants:State and non-state / military and non-military / foreigners and nationals of targeted countries • Methods: Some acts and methods are principally aimed to harm civilian targets. • Targets: targets can also be local and/or international in nature.
Organization of American States OAS (IHL) ResolutionsCOMMITTEE ON JURIDICAL & POLITICAL AFFAIRS • AG/RES. 2293 (XXXVII O/07): Promotion of and Respect for International Humanitarian Law • AG/RES. 2295 (XXXVII O/07): Persons who have Disappeared and Assistance to Members of their Families • AG/RES. 2267 (XXXVII O/07): Right to the Truth • AG/RES. 2271 (XXXVII O/07): Protecting Human Rights and Fundamental Freedoms while Countering Terrorism • AG/RES. 2278 (XXXVII O/07): Study of the Rights and the Care of Persons under any form of Detention or Imprisonment • AG/RES. 2279 (XXXVII O/07): Promotion of International Criminal Court • AG/RES. 2296 (XXXVII O/07): Protection of Asylum Seekers and Refugees in the Americas • AG/RES. 2277 (XXXVII O/07): Internally Displaced Persons
OAS (IHL) ResolutionsCAJP – CHS – GC • AG/RES. 2268 (XXXVII-O/07): Inter-American Convention On Transparency In Conventional Weapons Acquisitions • AG/RES. 2272 (XXXVII-O/07): Support for the Work of the Inter-American Committee Against Terrorism • AG/RES. 2283 (XXXVII-O/07): Study of the Rights and the Care of Persons Under Any Form of Detention or Imprisonment • AG/RES. 2300 (XXXVII-O/07): Support for the Activities of the Inter-American Defense Board • AG/RES. 2330 (XXXVII-O/07): Convention on the Prevention, Punishment, and Eradication of Violence Against Women • AG/RES. 2297 (XXXVII-O/07): Addressing Illicit Trafficking In Small Arms and Light Weapons: Stockpile Management And Security • AG/RES. 2269 (XXXVII-O/07): Americas as Antipersonnel-Land-Mine-Free Zone • AG/RES. 2261 (XXXVII-O/07): Action vs. Antipersonnel Mines in Ecuador & Peru • AG/RES. 2341 (XXXVII-O/07): Inter-American Convention against Illicit Manufacturing Of And Trafficking In Firearms, Ammunition, Explosives
Organization of American States Res. 2293: Promotion/Respect for IHL Promotion and Respect of IHL in the Americas • IHL Resolution: OAS bodies made implementation and enforcement of IHL Principles an important priority (10 years of resolution). • Instruments: call States to ratify (if not party) to fundamental IHL treaties and conventions • Compliance:Respect International legal norms and obligations in times of war (Geneva Conventions I-IV (1949) and Additional Protocols I-II (1977). • Other Instruments: Highlights / endorses IHL measures: ICC Rome Statute (1998), Convention against Anti-Personnel Mines (1997) and Convention on Chemical Weapons (1993),
Organization of American States Res. 2293: Promotion/Respect for IHL • Promote IHL by urging Members States to consider taking the necessary steps of signing and ratifying instruments of International Humanitarian Law / promulgating domestic laws designed to bring these instruments into force. • Promote coordinate between Permanent Council, General Secretariat and the International Committee of the Red Cross • Organize annual meeting of the Committee on Juridical and Political Affairs on the promotion of and respect for international humanitarian law. • Educate OAS Member States, political organs and general secretariat on topics of importance on International Humanitarian Law • Provide valuable input for the drafting and negotiation of General Assembly resolutions on the promotion and protection of IHL in the Americas
Organization of American States Res. 2293: Promotion/Respect for IHL Instruments 1954: Hague Convention for Protection of Cultural Property in Event of Armed Conflict (1954 & 1999 Protocols) 1972: Biological Weapons Convention 1977: Additional Protocols I - II & 2005 Additional Protocol III 1980: Convention on Prohibition / Restrictions on Use of Certain Conventional Weapons (Excessively Injurious / Indiscriminate Effects) (Five Protocols) 1989: Convention on Rights Child / 2000 Protocol Children in Armed Conflicts 1993: Chemical Weapons Convention 1997: Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on their Destruction 1997: Inter-American Convention against Illicit Manufacturing and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials (CIFTA) 1998: Rome Statute of the International Criminal Court 1999: Inter-American Conv Transparency in Conventional Weapons Acquisition 1994: Convention on the Safety of United Nations and Associated Personnel
Organization of American States Res. 2293: Promotion/Respect for IHL Political Mandates • Urge states / parties in armed conflict to honor IHL obligation • Enact laws to protect (regulate use / prevent - punish misuse) of protection emblems • Protect cultural property from effects of armed conflict • Comply obligations recruitment of children in armed forces • Determine / respect obligations in developing / acquiring new weapon or methods of warfare • Consequences of cluster munitions Technical Mandates • Invite states to disseminate IHL among military and civilians • Support work (create) national IHL committees / commissions • Cooperation b/w OAS, States and ICRC • Attend to the needs of victims of antipersonnel mines • Request IAJC to drafts model laws on implementation of IHL • Instruct CAJP to hold Special Session on IHL • Instruct Gen/Sec to hold courses seminars
Organization of American States War CrimesProtection of Persons States / Commissions • Geneva Conventions: Require legislative measures for criminal sanctions that apply against persons that have committeed, or sanctioned, grave infractions against the Geneva Conventions. • Crimes/Infractions: Intentional homicide, tortute/inhumane treatment, deliberate suffering, grave infractions against health, destruction/appropriation of property no justified by military necessities, intentional deprivatio of a persons right to legitimate and impartial trial, illegal deportatio/detention, taking of hostages, etc. (Conv. I art. 50, II art. 51, III art. 130, IV art. 147) • Penal Sanctions: Take legislative actions to determine the criminal sanctions appropriate against those persons that have committed, or commissioned, these mentioned crimes/infractions • Coordination b/w IHL/ICC: Necesidad de emprender una implementación coordinada entre los crímenes de guerra contenidos en el art.8 del Estatuto de Roma y los art. 50, 51, 130 y 147de los Convenios de Ginebra.n
Organization of American States War CrimesProtection of Persons OAS • Grave Violations of IHL: in cases of IHL violations that constitute crimes under international law, exhorts State obligations to investigate, trial, determine guil and punish (AG/RES 2293) • Criminal Legislation on IHL:Requires States to adapt thie penal legislation to comply with their obligations under the Geneva COnventions and Aditional Protocol I: on the tipification of war crimes, universal jurisdiction and responsibility(id) • International Criminal Court: Call states to consider ratification or adhesion to the Rome Statute of the International Criminal Court • Criminal Legislation on ICC: Requests States party to the Rome Statute to make the changes necessary to their internal legislation for its full and effective implementation and requires that States cooperate with the ICC in order to end impunity of those responsible of war crimes and genocide (AG/RES 2279)
Organization of American States Missing PersonsProtection of Persons Definition / Instruments • Missing Persons: tragedy of people unaccounted for as a result of armed conflict or internal violence. Expressly prohibited by IHL. • Enforced disappearance: abduction/deprivation of liberty by state authorities, followed by denial to disclose whereabouts/fate • International conventions: Inter-American Convention on Forced Disappearance of Persons; UN Convention for the Protection of All Persons from Enforced Disappearance. • Safeguards: Prevent people from going missing in the first place; kept in official place; registered; movements registered; allowed to contact outside world; communicate with family and counsel; family right to information on detention and whereabouts.
Organization of American States Missing PersonsProtection of Persons Legal Obligations • Families have right to be informed of the fate of missing relatives: Additional Protocol I, Art. 32. • Parties to a conflict must search for persons reported missing (by adverse party); facilitate inquiries made by family members dispersed as result of conflict; help restore contact; bring together: Additional Protocol I, Art. 33. • Parties to a conflict must encourage work of organizations engaged in this task, ICRC: Geneva Convention IV of 1949, Art. 26. • Responsibilities of parties to a conflict concerning deceased persons; lists showing exact location and markings of the graves, together with particulars of the dead interred therein: Additional Protocol I, Art. 34.
Political Mandates Urge parties to armed conflict to prevent disappearances Encourage states to adopt laws/regulations for official registries of detained persons Permit communications b/w detainees and their families Urge states to shed light on the fate of disappeared persons Urge states to punish those found guilty of violating IHL and international HR law Technical Mandates Urge states to ratify conventions Encourage states to request support from international and civil society organizations Invite states to continue cooperation with ICRC and facilitate its work Organization of American States AG/RES. 2295: Disappeared Persons and Assistance to their Families
Organization of American States Anti-TerrorismProtection of Persons Definition / Instruments • Terrorism: Terrorism understood to mean attacks directed against civilians / acts historically carried out by non-state actors. • State Sponsored: Terrorist acts may be carried out (sponsored/ sanctioned) by State directly or indirectly, even when own police or military forces not involved. • International convention: Inter-American Conv against Terrorism • Application: Acts of terrorism banned by IHL treaties and treaties establishing international crimes, both international and non-international armed conflict (GC IV and AP I & II). Express prohibition on all acts aimed at spreading terror among civilian population. Art. 51 (2), Protocol I; Art. 13 (2) Protocol II.
Organization of American States Anti-TerrorismProtection of Persons Legal Obligations – IHL Proscribes: • Attacks on civilians and civilian objects: (Arts. 51 (2), and 52, PI; Art. 13, PII) • Indiscriminate attacks: (Art. 51 (4) PI). Attacks on places of worship (Art. 53, PI; and Art. 16, PII). • Attacks on works and installations containing dangerous forces: (Art. 56, PI; and Art. 15, PII). • The taking of hostages: (Art. 75, PI; Art. 3 common to the four Conventions; and Art. 4., (2b) PII). • Murder of persons not or no longer taking part in hostilities: (Art. 75, PI, common Art. 3 GC, Art. 4 (2a) PII).
Organization of American States Anti-TerrorismProtection of Persons IHL and Terrorism • IHL Applies: International and non-international armed conflicts -- hostilities between government armed forces and organized armed groups (within a state). • Domestic/HR/Criminal Law Applies: Armed violence outside an armed conflict or terrorist suspect not detained in connection with an armed conflict. • Combatant/Enemy Combatant:Lawful Combatants cannot be prosecuted if they respect international humanitarian law – and entitled to prisoner of war status. • Detainees: Lawful and unlawful combatants that are detained, may be interrogated and prosecuted for war crimes, but are entitled to humane treatment by enemy. • Terrorists vs. Soldiers: Protocol I protects civilians by limiting methods and means of warfare, including unequivocal prohibition of terrorism: 1) attacks against civilians or civilian objects and 2) threats of violence to spread terror among civilians.
Organization of American States Anti-TerrorismProtection of Persons Inter-American Committee against Terrorism • CICTE: OAS organism for protecting member states from terrorism via information exchange b/w national policy-makers. • Mar del Plata Commitments: Exchange information / draft counterterrorism legislation / promote adherence to international counterterrorism conventions / enhance border cooperation and security / develop training and crisis management. • CICTE Programs: Cyber Security / Port Security / Airport Security / Legislation against terrorism / Customs and Border Protection / Terrorism Financing / Terrorism Policy.
Organization of American States AG/RES. 2271: Protect HRs & Fund Freedoms while countering Terrorism Political Mandates • Fight against terrorism waged w/ full respect for int’l law (including due process, IHL, Human Rights, and Refugee Law) • Ratify/accede/implement IAC against Terrorism and American Convention on Human Rights • Respect legal rights of all persons deprived of their liberty • Uphold dignity of individuals, fundamental freedoms, democratic practices, rule of law Technical Mandates • Dialogue: CICTE, IACHR, OAS areas to strengthen collaboration on protecting HRs & fundamental freedoms countering terrorism. • IACHR promote respect for / defense HRs / facilitate efforts to comply with int’l obligations for anti-terrorism measures • Request PC consider drafting recommendations in consultations with CICTE / States/ IACHR to protect fund freedoms and Human Rights
Organization of American States Arms Availability/Small WeaponsProtection of Persons / Property • Problem:Arms and ammunition are major factors in facilitating violations against civilians during and after armed conflict. • Proliferation of Arms: Availability during armed conflict and post-conflict situations around the world. • Inadequate Controls: Availability and frequent use of weapons in violation of humanitarian law / civilians at increased risk of abuse during and after conflicts / undermines legal norms designed to protect civilians. • Post-Conflict:Ensuring IHL norms becomes difficult when weapons are widely dispersed and easily accessible / humanitarian agencies are subject to attack and forced to suspend operations / end of armed conflict seldom means end to violence if arms and ammunition remain at large. • Weapons: Assault rifles, machine guns, grenades, mortar bombs (small arms) / most commonly used in armed conflicts / availability subject to few international rules.
Organization of American States Arms Availability/Small Weapons Protection of Persons / Property OAS / Member States • Legislative Measures: Call to states to adopt legislative measures against the grave humanitarian consequenses of the availability of uncontrolled arms / legislation directed against the manufacturing and illitcit traffic of arms • Anti-personal Mines: Programa para la destrucción de minas y asistencia medica y profesional a las víctimas. • Cluster Munitions:recognizes the humanitarian consequences of the use of cluster munitions and invites the States to participate in on-going discussion in the pertinent forums (Oslo Process on Cluster Munitions) on how to attend these consequenses. • Conventions: Universal Ratifications: Convención I-A contra Fabricación y Tráfico Ilícito de Armas (CIFTA); C Transparencia en Adquisiciones de Armas Convencionales; C Prohibición de Empleo, Almacen, Producción y Transferencia de Minas Antipersonal; Cs Armas Biológicas y Químicas; C Prohibiciones de empleo Ciertas Armas Convencionales Excesivamente Nocivas/Efectos Indis-criminados y sus cinco Protocolos
Organization of American States Arms Availability/Small WeaponsProtection of Persons / Property • Committee on Hemispheric Security: Provides framework for judicial cooperation in requesting service of process, summonses or subpoenas abroad. • General Assembly: Study I.D. trafficking-brokering trends / support UN Program to Prevent, Combat & Eradicate Illicit Trade in Small Arms / follow-up state reports on implementation of national/regional/global activities for UN Program • CIFTA Convention: Convention Against Illicit Mfg &Trafficking In Firearms, Ammo, Explosives & Related Materials 26 states Parties/National Authorities/Mutual Assistance/Model Legislation • CICAD Inter-American Drug Abuse Control Commission: Model Regs to Control Int’l Movement of Firearms/ Model Regs to Control Brokers / Training Programs.
Organization of American States Mine Clearance (Demining)Protection of Persons Office of Humanitarian Mine Action / CHS • Humanitarian Demining: mine-field surveying, mapping, marking, and clearance. • Mine Education: OAS supports mine awareness programs supported to reduce the risk of death and injury by promoting safe behavior among affected communities. • Victim Assistance: Support survivors in OAS member states and provide transportation, lodging, meals, prostheses, therapy, and medication. • Stockpile Destruction: One million landmines stockpiled by OAS member states have been destroyed since 1999 with assistance from the program. • Ottawa Convention: The Convention provides for a total ban on the land mines and provides demining requirements for numerous states parities. The OAS has called on its member states to ratify and comply with the Convention.
Organization of American States Mine Clearance (Demining)Protection of Persons • AG/RES. 2269 (XXXVII-O/07):THE AMERICAS AS AN ANTIPERSONNEL-LAND-MINE-FREE ZONE rid America of landmines and destroy stockpiles / Central America mine-free by 2008 / states cooperate in mine action as a national and regional priority / collaborate with the OAS Mine Action Team / Guatemala, El Salvador, Chile, Colombia, Ecuador, Nicaragua, and Peru / condemn, under IHL norms, use, stockpiling, production, and transfer of antipersonnel mines by non-state actors / support of 33 member states of Ottawa Convention / urge member states which have not yet done so to ratify or consider acceding to the Ottawa Convention • AG/RES. 2261 (XXXVII-O/07): SUPPORT FOR ACTION AGAINST ANTIPERSONNEL MINES IN ECUADOR AND PERU land mines in border b/w Ecuador / Peru serious threat to civilian populations & economic development / progress made in mine-clearing, the destruction of stockpiles, and measures to enhance transparency, and the special importance of humanitarian demining / fulfills commitments under Ottawa Convention
Organization of American States Detainees/Prison PoliciesProtection of Persons Types of Detainees Prisoners of War:Geneva Convention relative to the Treatment of Prisoners of War (1949): POW is a captured combatant (i.e. member of armed forces) in an international armed conflict (individual enjoying equivalent legal status). In any doubt, person taken part in hostilities is presumed POW (Add Protocol I 1977) War on Terror:Armed Conflicts vs. War on Terror / Clear and Appropriate Legal Framework / Procedural Safeguards / Persons cannot be detained and interrogated outside of an appropriate legal framework Detainees outside armed conflict have rights afforded by int’l human rights law & domestic law. Divergent Positions: Two positions concerning detainees on war on terror: 1) criminal suspects handled by local law and int’l standards; 2) prisoners of war handled by IHL law and standards.
Organization of American States Detainees/Prison PoliciesProtection of Persons Ministers of Justice: REMJA • REMJA IV: Recommended proposals for the protection of the fundamental rights and freedoms of detained persons in the Americas • REMJA-V: Recommended modernization of prison infrastructure, functions, standards and the review of penitentiary policies • Official Meetings:Held meetings of Officials Responsible for Penitentiary and Prison Policies of OAS Member States • Follow-up:“Study of the Rights and the Care of Persons under Any Form of Detention or Imprisonment”
Int’l Humanitarian Law Protects life/health/dignity of individuals Duty falls on States Protection applies to situations of armed conflict Permit no derogations, armed conflict is a pub emergency Humanitarian law tailored for war Protect people who don’t / no longer take part in hostilities Human Rights Law Protects life/health/dignity of individuals Duty Falls on States Protection applies at all times (war and peace) Tailored for peacetime to protect everyone Treaties can permit derogation of rights in public emergencies Protect persons primarily from their own governments Organization of American States Human Rights and IHL
Organization of American States IACHR / IA-COURT Inter-American Commission and Court: Apply basic principles (Articles 1 (1) and 2 of American Convention) to prohibiting State Parties from violating protected rights and freedoms; require States to take measures necessary to ensure individuals effectively enjoy those rights and freedoms / held that right to fair trial and judicial protection (Articles 8 and 25) entail right of victims to the justice system of the state concerned. • International Humanitarian Law: Court and Commission held that states must investigate, prosecute and punish persons who commit or order the commission of gross violations of both human rights or humanitarian law. (Velásquez Rodríguez Case, 1988 Inter-Am. Ct. H.R. (ser. C) No. 4 (July 29, 1988). • Precautionary Measures: Precautionary measures adopted by the Commission (Art. 25 Rules of Procedure) form part of the domestic legal order / Country is required to comply with the measures as a function of its international obligations to respect and protect fundamental human rights. Also provided precautionary measures for Guantanamo even thought U.S. not party to convention.
Organization of American States IHL and GenderProtection of Persons Inter-American Commission on Women International Humanitarian Law and Gender Crimes • Sex and gender crimes are exceedingly commonplace during periods of international and internal armed conflict • Crimes committed both opportunistically and purposefully, randomly and calculatedly, and by persons in control or those out of control • Sexual violence is committed by military personnel and civilians alike on all sides of armed conflict • Once considered a by-product of war, it is now recognized that women and girls are regularly and intentionally targeted for abuse • Rarely are perpetrators of sexual violence held accountable for their crimes.
Organization of American States Inter-American Commission on Women Inter-American Program for Promotion of Women’s Human Rights and Gender Equality • Follow-up to the 2001 Summit of the Americas • Implementation of the CIM Strategic Plan of Action - Areas for priority action • Human Rights and the Elimination of Violence against Women
Organization of American States Military Training and Functions Inter-American Defense Board and College • Structure: The Inter-American Defense Board is an OAS organ of nationally appointed defense officials • Function:Develop collaborative approaches on common defense and security issues. • Training:IADB maintains the Inter-American Defense College to offer training to senior military and government officials covers various military & security issues. • Demining:IADB coordinates the technical assistance through international teams of supervisors and monitors who work closely with the OAS and the demining units of affected countries.
Organization of American States Other OAS Areas • Legal Cooperation • Mutual Assistance and Extradition • Democracy and Governability • Secretary General’s Office • Assistant Secretary General’s Office • Access to Information • Corruption • Inter-American Children’s Institute • Treaties and Agreements
Organization of American States Cooperation with ICRC Promote the Respect and Education of IHL • Education: The GA promotes cooperation between ICRC and General Secretariat (Office of International Law / Department of International Legal Affairs) to organize governmental conferences / courses / seminars • Dialogue:General Assembly instructs the Permanent Council to continue, with support from the Office of International Law and in cooperation with the ICRC, to organize special meetings on topics of current interest in international humanitarian law. • Dissemination: GA mandates the dissemination of IHL / related inter-American conventions / and OAS – ICRC joint programs and webpage: http://www.oas.org/dil/international_humanitarian_law.htm