The law of war:

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

3. The law of war: Humanitarian law What is it?

4. The law of war: Humanitarian law What is it? When and why is it relevant?

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

6. The law of war: Humanitarian lawDifferent laws for armed violence

7. The law of war: Humanitarian lawDifferent laws for armed violence Internal violence Armed conflict

8. The law of war: Humanitarian lawDifferent laws for armed violence Human rights National law Internal violence Armed conflict

9. The law of war: Humanitarian lawDifferent laws for armed violence Non-international Humanitarian law Human rights Human rights National law National law Internal violence Armed conflict

10. The law of war: Humanitarian lawDifferent laws for armed violence International Humanitarian law Non-international Humanitarian law Human rights Human rights Human rights National law National law National law Internal violence Armed conflict

11. 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

12. 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

13. 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

14. The law of war: Humanitarian lawWhat is humanitarian law?

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

16. The law of war: Humanitarian lawWhat is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Wounded soldier waits for medical help in western Bosnia, Kljuc, 1995 Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003.

17. The law of war: Humanitarian lawWhat is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Which humanitarianrule could apply? Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003.

18. The law of war: Humanitarian lawWhat is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Which humanitarianrule could apply?Wounded and sick must be searched for, collected and cared for. Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003.

19. The law of war: Humanitarian lawWhat is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Which humanitarianrule could apply?Wounded and sick must be searched for, collected and cared for. Which humanitarianrule could apply?

20. The law of war: Humanitarian lawWhat is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Which humanitarianrule could apply?Wounded and sick must be searched for, collected and cared for. Which humanitarianrule could apply?Using weapons without distinguishing between civilians and military targets is prohibited.

21. 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

22. 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 Military necessity Humanitarian considerations

23. 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 Military necessity Humanitarian considerations

24. 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

25. The law of war: Humanitarian lawWhat humanitarian law is not

26. 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.

27. 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.

28. The law of war: Humanitarian lawWhen and why is the difference relevant?

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

32. The law of war: Humanitarian lawHow can force be used?

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

34. 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

35. 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

36. 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

37. 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.

38. The law of war: Humanitarian lawWhat is protected by humanitarian law? Civilian objects

39. The law of war: Humanitarian lawHow does law protect in war? - PRINCIPLES Distinction

40. The law of war: Humanitarian lawHow does law protect in war? - PRINCIPLES Distinction Precautionary Measures

41. The law of war: Humanitarian lawHow does law protect in war? - PRINCIPLES Distinction Limitation Precautionary measures Proportionality

42. The law of war: Humanitarian lawHow does law protect in war? - PRINCIPLES Distinction • Parties to an armed conflict must distinguish between civilians and combatants and between civilian objects and military targets

43. The law of war: Humanitarian lawHow does law protect in war? - PRINCIPLES Limitation • Weapons or methods causing superfluous injury or unnecessary suffering are prohibited

44. The law of war: Humanitarian lawHow does law protect in war? - PRINCIPLES Precautionary Measures • Before and during an attack, every possible precaution must be taken to minimize potential harm to civilians and civilian objects.

45. The law of war: Humanitarian lawHow does law protect in war? - PRINCIPLES Proportionality • The expected deaths andinjuries to civilians or damage to civilian objects must not exceed the anticipated military advantage.

46. insert wmv file wiki reedit

47. The law of war: Humanitarian lawHow does humanitarian law protect in war? • murder and torture • use cruel or degrading treatment or punishment • kill or wound a surrendering enemy • commit sexual violence • cause disappearances • take hostages • force displacement • use or recruit children under the age of 15 • deprive people of objects necessary to survival • treat humanely detainees • respect and protect health and humanitarian workers and those lawfully using the distinctive emblems

48. The law of war: Humanitarian lawExample: Protection of detainees must be treated humanely = given adequate food, water, clothing, shelter and medical care and allowed to correspond with their families • Prisoners of War • = detained combatants in international war • must be treated humanely • must be released after the end of hostilities • must be protected from public curiosity

49. The law of war: Humanitarian lawHow does law protect in war? – BASIC RULES

50. The law of war: Humanitarian lawHow does law protect in war? – BASIC RULES How does humanitarian law protect people? What are the rules for the conduct of hostilities? Which humanitarian rule could apply to the situation?