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The law of war:

The law of war:. THE STORY BEHIND THE STORY. Humanitarian law. The law of war: Humanitarian law How do you see things?. The law of war: Humanitarian law What humanitarian law is not. Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter.

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The law of war:

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  1. The law of war: THE STORY BEHIND THE STORY Humanitarian law

  2. The law of war: Humanitarian lawHow do you see things?

  3. The law of war: Humanitarian lawWhat humanitarian law is not Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter. TO INSERT PART ON ICL

  4. The law of war: Humanitarian lawWhat humanitarian law is not Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter. Humanitarian law is concerned with the EFFECTS of war, not its legality. It applies irrespective of who started the war or who is the attacker. TO INSERT PART ON ICL

  5. The law of war: Humanitarian lawWhat humanitarian law is not Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter. Humanitarian law is concerned with the EFFECTS of war, not its legality. It applies irrespective of who started the war or who is the attacker. TO INSERT PART ON ICL

  6. The law of war: Humanitarian lawWhat do you know already about IHL?

  7. The law of war: International Humanitarian Law What is it?

  8. The law of war: International Humanitarian Law What is it? When and why is it relevant?

  9. The law of war: International Humanitarian Law What is it? When and why is it relevant? What does it say?

  10. The law of war: International Humanitarian LawDifferent laws for armed violence Internal violence Armed conflict

  11. The law of war: Humanitarian lawDifferent laws for armed violence IHRL National law Internal violence Armed conflict

  12. The law of war: International Humanitarian LawDifferent laws for armed violence Non-international IHL IHRL IHRL National law National law Internal violence Armed conflict

  13. The law of war: International Humanitarian LawDifferent laws for armed violence International IHL Non-international IHL IHRL IHRL IHRL National law National law National law Internal violence Armed conflict

  14. The law of war: International Humanitarian LawDifferent laws for armed violence International Treaty IHL 4 GCs + APs other treaties Non-international Treaty IHL 4 GCs CA3 + AP II other treaties Customary IHL IHRL National law

  15. The law of war: International Humanitarian LawWhen and why is the difference relevant? Greece, 2010 Sri Lanka, 2002-2009

  16. The law of war: Humanitarian lawHow can force be used? in armed conflict in internal violence

  17. The law of war: Humanitarian lawHow can force be used? in internal violence in armed conflict • As exceptional measure • Only if all other means failed • In case of imminent threat of death or serious injury • By sparing civiliansand civilian objects

  18. The law of war: Humanitarian lawHow can force be used? in armed conflict in internal violence • As exceptional measure • Only if all other means failed • In case of imminent threat of death or serious injury • By sparing civiliansand civilian objects If violated: • Criminal responsibility If violated: • Criminal responsibility • War crimes

  19. Relationship between IHL and IHRL

  20. The law of war: Humanitarian lawWhat is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Military necessity Humanitarian considerations

  21. The law of war: Humanitarian lawWhat is humanitarian law? Binds all parties in a conflict Protects people who are not / no longer fighting Regulates weapons and methods of warfare Applies in armed conflicts Cannot be suspended or limited Military necessity Humanitarian considerations

  22. The law of war: Humanitarian lawWho is protected by humanitarian law? People who ARE NOT involved in fighting • In international armed conflicts they are referred to as "civilians". If they become involved in fighting • can be prosecuted and temporarily lose their protection from being directly targeted

  23. The law of war: Humanitarian lawWho is protected by humanitarian law? People who ARE involved in fighting • military/paramilitary forces • organized armed groups of a party to the conflict • They are protected from being attacked when they are hors de combat: wounded, sick, shipwrecked, detained or surrendering • They are protected against specific weapons and methods even while fighting. • In international armed conflicts members of military/paramilitary forces are called "combatants" and cannot be prosecuted for lawfully fighting.

  24. The law of war: International Humanitarian LawWhat is protected by humanitarian law?

  25. The law of war: International Humanitarian LawHow can weapons be used?

  26. The law of war: International Humanitarian LawHow can a war be fought?

  27. The law of war: Humanitarian lawMain principles Distinction

  28. The law of war: Humanitarian lawMain principles Distinction Precautionary Measures

  29. The law of war: Humanitarian lawMain principles Distinction Limitation Precautionary Measures

  30. The law of war: Humanitarian lawMain principles Distinction Limitation Precautionary measures Proportionality

  31. The law of war: Humanitarian lawMain principles Distinction • Parties to an armed conflict must distinguish between civilians and combatants and between civilian objects and military targets

  32. The law of war: Humanitarian lawMain principles Limitation • Weapons or methods causing superfluous injury or unnecessary suffering are prohibited

  33. The law of war: Humanitarian lawMain principles Precautionary Measures • Before and during an attack, every possible precaution must be taken to minimize potential harm to civilians and civilian objects.

  34. The law of war: Humanitarian lawMain principles Proportionality • The expected deaths andinjuries to civilians or damage to civilian objects must not exceed the anticipated military advantage.

  35. The law of war: Humanitarian lawActivity Instructions on the exercise

  36. The law of war: Humanitarian lawActivity How does humanitarian law protect people? What are the rules for the conduct of hostilities? Which humanitarian rule could apply to the situation?

  37. The law of war: Humanitarian lawOccupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting

  38. The law of war: Humanitarian lawOccupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting • Humanitarian law • Human rights law • The laws of the occupied territory

  39. The law of war: Humanitarian lawOccupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting • Humanitarian law • Human rights law • The laws of the occupied territory Security patrol by US forces in Baghdad, Iraq in 2003

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