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Questions and Answers

What are the main sources of International Humanitarian Law (IHL)?

The main sources of IHL are the Geneva Conventions, Additional Protocols, and customary law.

How does the level of intensity differentiate between International Armed Conflicts (IAC) and Non-International Armed Conflicts (NIAC)?

IACs can occur regardless of intensity when States use armed force, while NIACs require a minimum level of organization and intensity among armed groups.

What principle ensures that parties in an armed conflict must distinguish between combatants and civilians?

The principle of distinction mandates that parties must differentiate between combatants and civilians during hostilities.

What does 'direct participation' refer to in the context of IHL?

<p>'Direct participation' refers to actions taken by civilians that may directly affect the outcome of hostilities, which can impact their legal protection under IHL.</p> Signup and view all the answers

What is the role of the International Committee of the Red Cross (ICRC) in relation to IHL?

<p>The ICRC plays a key role in ensuring compliance with IHL and providing humanitarian assistance in armed conflicts.</p> Signup and view all the answers

What are the three cumulative criteria that determine direct participation in hostilities?

<p>The three criteria are: adverse effect on military operations, direct causal link to harm, and a belligerent nexus designed to cause harm.</p> Signup and view all the answers

What is the obligation of states regarding International Humanitarian Law (IHL)?

<p>States are obligated to respect and ensure respect for IHL, disseminate it domestically, and integrate it into national law and military training.</p> Signup and view all the answers

How does the ICRC contribute to the enforcement of IHL?

<p>The ICRC contributes by teaching the rules of IHL to armed forces and the general public, preventing violations, and supporting legal frameworks for punishment.</p> Signup and view all the answers

What is the significance of the principle of humanity as established by the ICRC?

<p>The principle of humanity emphasizes the protection of individuals not participating in hostilities and aims to alleviate suffering during armed conflicts.</p> Signup and view all the answers

What measures can states take to prevent war crimes under IHL?

<p>States can enact laws to punish war crimes, conduct investigations of their forces, and set up tribunals for accountability.</p> Signup and view all the answers

What does the principle of distinction require during armed conflict?

<p>Parties must always differentiate between civilians and combatants as well as civilian objects and military objectives.</p> Signup and view all the answers

Under what conditions may civilians be lawfully attacked?

<p>Civilians may only be attacked if they take a direct part in hostilities.</p> Signup and view all the answers

What does the principle of proportionality prohibit in military actions?

<p>It prohibits attacks that cause excessive civilian loss or damage in relation to the military advantage gained.</p> Signup and view all the answers

What must parties to a conflict do to comply with the principle of precautions?

<p>Parties must take all feasible precautions to avoid and minimize incidental loss of civilian life and damage to civilian objects.</p> Signup and view all the answers

Can a hospital be legally attacked if it is used for military purposes?

<p>Yes, if it is being used to store weapons or if only combatants are present, but it raises legal and ethical concerns.</p> Signup and view all the answers

What is the challenge in applying the principle of proportionality according to the ICTY report?

<p>The challenge lies in comparing unlike quantities and values to determine excessive loss.</p> Signup and view all the answers

Does the use of a bomb that resembles a food package violate international humanitarian law?

<p>Yes, it violates IHL because it could deceive civilians and lead to unnecessary harm.</p> Signup and view all the answers

What defines a military objective according to Article 52(2) of AP I?

<p>Military objectives are defined as targets limited strictly to military objectives.</p> Signup and view all the answers

What criteria determine whether an object qualifies as a military objective?

<p>An object qualifies as a military objective if it makes an effective contribution to military action and its destruction offers a definite military advantage.</p> Signup and view all the answers

In situations of doubt regarding engaging targets, what is the recommended approach according to IHL?

<p>In cases of doubt, the principle of distinction should guide actions, meaning one should avoid targeting if it isn't clear that the object is a military objective.</p> Signup and view all the answers

List at least three groups or individuals specifically protected by International Humanitarian Law.

<p>Civilians, wounded and sick persons, and prisoners of war are specifically protected by International Humanitarian Law.</p> Signup and view all the answers

What special protections are afforded to children and women in armed conflict?

<p>Children are protected from recruitment into armed forces, while women are protected from attacks on honor, and special considerations are provided for expectant mothers.</p> Signup and view all the answers

Why is cultural property significant in the context of armed conflict?

<p>Cultural property is significant as it represents identity and heritage, and its protection helps in community reconstruction and peace restoration.</p> Signup and view all the answers

Define 'direct participation' in hostilities according to IHL.

<p>'Direct participation' refers to specific acts carried out by individuals as part of the conduct of hostilities between conflicting parties.</p> Signup and view all the answers

What role do protective emblems play in armed conflict?

<p>Protective emblems serve to identify and safeguard medical personnel, humanitarian workers, and protected objects under International Humanitarian Law.</p> Signup and view all the answers

What should be the focus when engaging with civilian objects during armed conflict?

<p>The focus should be on ensuring that civilian objects are not targeted and are respected under International Humanitarian Law.</p> Signup and view all the answers

What is the role of the ICRC in relation to International Humanitarian Law (IHL)?

<p>The ICRC acts as a guardian of IHL, ensuring its faithful application and addressing complaints about breaches.</p> Signup and view all the answers

How does the ICRC contribute to the dissemination of IHL?

<p>The ICRC disseminates knowledge of IHL through advocacy, teaching, and stimulating discussions about its principles.</p> Signup and view all the answers

What are the primary objectives outlined in Article 5 of the Geneva Conventions?

<p>Article 5 outlines the ICRC's tasks to uphold IHL and to work on complaints regarding alleged breaches of that law.</p> Signup and view all the answers

What does the ICRC's 'watchdog function' entail?

<p>The ICRC's watchdog function involves raising alarms when serious violations of IHL occur.</p> Signup and view all the answers

According to IHL, what fundamental principle protects civilians during armed conflict?

<p>Civilians should not be attacked and only military objectives may be targeted.</p> Signup and view all the answers

What is the significance of having a distinctive emblem for army medical services?

<p>A distinctive emblem signifies the neutrality of army medical services and helps ensure their protection under IHL.</p> Signup and view all the answers

What is the main challenge faced by IHL as inferred from the content?

<p>The main challenge is adapting IHL to reflect the evolving realities of modern conflicts while ensuring protection for victims.</p> Signup and view all the answers

Briefly explain the ICRC's 'catalyst function' in the context of IHL.

<p>The ICRC's catalyst function involves stimulating discussion on IHL-related problems to enhance understanding and solutions.</p> Signup and view all the answers

Flashcards

International Humanitarian Law (IHL)

A set of rules that limits the effects of armed conflict, primarily in International Armed Conflicts (IACs) and to a lesser extent in Non-International Armed Conflicts (NIACs).

International Armed Conflict (IAC)

A conflict where one or more states engage in armed force, regardless of the reasons or intensity.

Non-International Armed Conflict (NIAC)

A conflict that does not involve states, but instead occurs within the territory of a state between the government and armed groups.

Distinction

A key principle of IHL that requires parties to a conflict to distinguish between combatants and civilians, and only target military objectives.

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Military Necessity

A principle of IHL that dictates that any military action must be necessary to achieve a legitimate military objective, and must not be excessive.

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Direct Participation in Hostilities

An act must be likely to cause harm to a party to an armed conflict, have a direct causal link to that harm, and be specifically designed to support one side and harm the other.

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Respect and Ensure Respect (IHL)

The legal obligation of states to uphold and ensure adherence to International Humanitarian Law (IHL).

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Bringing IHL Home

The process of integrating IHL into domestic laws, military training, and decision-making.

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States Investigating Own Forces

States investigate their own forces for potential violations of IHL, using military lawyers and penal law.

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Enforcing IHL

Enacting laws to punish war crimes and establishing tribunals to prosecute violators.

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What are the criteria for a military objective?

Military objectives are limited to objects that contribute directly to military action and whose destruction or capture offers a military advantage.

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Who is protected by IHL?

Civilians, wounded, sick, shipwrecked, prisoners of war, religious personnel, medical personnel, Red Cross personnel, and peacekeeping forces are all protected under international humanitarian law.

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What is protected by IHL?

Civilian objects, hospitals, safety zones, demilitarized zones, neutralized zones, cultural property, objects indispensable for civilian survival, works with dangerous forces, and the natural environment are all protected by IHL.

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How are children protected in war?

Children are granted special protection, including prohibitions on child soldiers and participation in hostilities. Child combatants receive special treatment.

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How are women protected in war?

Women, expectant mothers, and mothers of small children are granted special protection. Attacks on honor, rape, enforced prostitution, and assault are forbidden. Special considerations are given during detention, and the death penalty is prohibited.

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What international agreements protect cultural property?

The 1945 Hague Convention, the 1954 Protocol I, the 1977 APs, and the 1999 Protocol II protect cultural property.

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Why is cultural property important?

Cultural property is crucial for rebuilding communities and facilitating peace. It reflects identity and heritage.

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What is direct participation in hostilities?

Direct participation consists of specific acts carried out by individuals as part of hostilities between parties to an armed conflict.

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What does the ICRC stand for?

A neutral organization recognized by states to help victims of war and conflict.

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What is the ICRC's mandate?

The International Committee of the Red Cross (ICRC) is mandated to ensure assistance and protection for victims of armed conflict.

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What is International Humanitarian Law (IHL)?

A set of rules that govern how armed conflict is conducted, aiming to minimize suffering and protect those not participating in the fighting.

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What is the core concept of IHL?

A system of rules that limits the use of violence in armed conflict and protects those not participating in the fighting.

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What is the ICRC's role in upholding IHL?

ICRC acts as a guardian of International Humanitarian Law (IHL) by monitoring, promoting, and advocating for its implementation.

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What is the principle of distinction in IHL?

A key IHL principle stating that civilians should not be targeted in attacks, only military objectives.

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How does the ICRC contribute to the application of IHL?

ICRC works actively to ensure the application of IHL by providing assistance to victims and raising awareness about violations.

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Why is IHL considered complex in practice?

A term used to describe the complexity of applying IHL in real-world scenarios, often due to challenges in interpretation, enforcement, and evolving conflict dynamics.

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Distinction in International Humanitarian Law

The principle of distinguishing between civilian and military targets in armed conflict. This means avoiding attacks on civilians and civilian objects unless they are directly involved in hostilities.

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Proportionality in International Humanitarian Law

Attacks must be proportionate, meaning the expected military advantage must outweigh the anticipated civilian harm. This is a balancing act, not an absolute rule.

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Military Objective Definition

Military objectives are defined as objects that contribute to the enemy's military effort. They can be physical (e.g., weapons depots) or personnel (e.g., soldiers).

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Precautions in Attack

States must take all feasible precautions to minimize harm to civilians and civilian objects during military operations. This includes planning and conducting attacks with care and considering collateral damage.

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Indiscriminate Attack

An attack that does not distinguish between military and civilian targets or does not take proportionate measures to minimize civilian harm.

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Disproportionate Attack

The act of attacking a military target in a way that inflicts excessive harm on civilians or civilian objects, violating the principle of proportionality.

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Can a Hospital Be Legally Attacked?

A hospital can be attacked lawfully if it is used for military purposes (e.g., storing weapons or housing soldiers) or if it is directly involved in hostilities. The principle of proportionality would apply (balancing military advantage and civilian harm).

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Is It Allowed to Disguise a Bomb as a Food Package?

It's prohibited under IHL to make a bomb look like a food package and drop it in the same area within a short timeframe. This violates precautions in attack as it intentionally deceives civilians and increases the risk of civilian harm.

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Study Notes

Lecture 2: Key Principles of IHL

  • International Humanitarian Law (IHL) protects people during armed conflict
  • IHL aims to limit the effects of violence
  • IHL protects individuals not actively engaged in hostilities (e.g., wounded, prisoners of war, civilians)
  • IHL limits the effects of violence and seeks to achieve conflict objectives

Outline

  • Repetition
  • Basic Principles (e.g., distinction, proportionality, precaution)
  • Special Protection (e.g., civilians, wounded, sick, shipwrecked)
  • Direct Participation
  • Compliance & Enforcement
  • ICRC (International Committee of the Red Cross)
  • Protecting persons not directly involved in hostilities (e.g., civilians, wounded, shipwrecked, prisoners of war)
  • Limiting effects of violence to achieve conflict objectives
  • Set of rules limiting armed conflict effects
  • Applies to international and non-international armed conflicts
  • Sources include: treaties (especially Geneva Conventions and Additional Protocols), customary international law

Level of Intensity - IAC v NIAC

  • Four Geneva Conventions (GCs) and Additional Protocol I (AP I) apply to international armed conflicts (IACs)
  • An IAC occurs when States use armed force against each other
  • Additional Protocol II (AP II) applies to non-international conflicts (NIACs)
  • NIACs involve organized armed groups and must be fairly intensive

IAC/NIAC or 'Something Else'?

  • Internal Disturbances and Belligerent Occupation are situations that may exist without being an IAC or NIAC

Key Principles of IHL

  • Distinction: Attack only military objectives, not civilians
  • Military Necessity vs. Humanity: Balance military needs with humanitarian concerns
  • Proportionality: Avoid unnecessary suffering; incidental harm must be proportionate to anticipated military advantage
  • Precaution: Take steps to avoid and minimize incidental harm to civilians

Distinction

  • Respect and protection of civilians
  • Distinguish between civilian population and combatants
  • Distinguish between civilian objects and military objectives
  • Do not attack civilians unless participating in hostilities
  • Do not attack civilian objects unless military objectives

Distinction...Continued

  • Indiscriminate attacks are prohibited.

Distinction...Some Questions

  • Images demonstrate the need for clear distinction in attacking military objectives vs. civilians and civilian objects

Proportionality

  • Attacks should not cause excessive incidental loss of civilian life
  • Incidental harm must not outweigh military advantage

Proportionality...Continued

  • Determining proportionality is complex and context-dependent

Case: Hospital Attack

  • Example of how to evaluate whether an attack on a hospital is lawful using IHL principles

Precautions

  • All feasible precautions must be taken to avoid and minimize harm to civilians and civilian objects.

Case: Bomb Color

  • Question of camouflage and targeting during armed conflict. Does it conflict with IHL?

Military Targets: Fighters and Platforms

  • Different military targets require consideration for IHL principles during warfare

Definition Military Objective

  • Attacks should only target military objectives that make a substantial contribution to military action
  • Consider overall context and circumstances when evaluating impact

Sleeping Soldiers: Shoot or No Shoot?

  • Situation requiring consideration of IHL to determine whether engaging sleeping soldiers is legal

Child Soldiers: Shoot or No Shoot?

  • Issue of whether actively engaging child soldiers constitutes a military objective under IHL

So How About?

  • Attacks on Hezbollah (example) raise questions about war crimes under international law.

Who is Protected by IHL?

  • Civilians
  • Wounded, sick and shipwrecked
  • Prisoners of war (POWs)
  • Religious personnel
  • Medical personnel
  • Red Cross personnel
  • Peacekeeping forces

What is Protected by IHL?

  • Civilian objects
  • Hospitals and safety zones, demilitarized zones
  • Neutralized zones
  • Cultural property
  • Objects vital for civilian survival
  • Works/installations with dangerous forces
  • Natural environment

How About Children & Women?

  • Children receive special protections against recruitment as soldiers and participation in hostilities
  • Special protections for women (expectant mothers and mothers) (e.g., no attacks or assaults)

Protective Emblems

  • ICRC's protective emblems (e.g., red cross, red crescent)

Cultural Property

  • Cultural property is vulnerable during conflict and should be protected. Historical significance
  • 1954 Hague Convention for the Protection of Cultural Property in Armed Conflict
  • Protocols I and II further protect cultural property in specific circumstances (e.g., in times of occupation)

What is 'Direct Participation'?

  • Specific actions directly supporting hostilities

What is 'Direct'?

  • Acts must affect military operations
  • Direct causal link between action and harm
  • Action must be specifically designed for harm to that belligerent

IHL Compliance

  • Respect IHL
  • Disseminate IHL to forces
  • Implement IHL through domestic law
  • Ratify treaties
  • Integrate IHL in military training
  • Investigate violations
  • Punish war crimes

How is IHL Enforced?

  • Teach IHL
  • Prevent violations
  • Punish through domestic laws
  • Tribunals or international mechanisms

ICRC Duties

  • Organization's role in assisting victims, ensuring IHL application
  • ICRC promotes understanding and knowledge of IHL

The ICRC at Work

  • Monitoring, advocating, promoting IHL, direct action and watchdog function

The ICRC & Its Partners

  • Organization works in partnership with national and international bodies

What Else Does the ICRC Do?

  • Assistance to victims and other roles in supporting IHL

Conclusion

  • Key principles are simple: don't attack civilians, limit harm, treat people humanely, but complexities occur in applying IHL in practice.

Next Week

  • Further discussion of topics (details not provided)

Thank You!

  • Thank you message.
  • Audience participation requested using previous topics

What Do We Expect?

  • Group work assignments and expectations for the next seminar, including submission deadline and content requirements for presentation

Groups

  • List of groups and the specific topic assigned to each.

Groups (Continued)

  • List of groups and topics continued (including topics like urbanization, cyberwar, AI, climate, terrorism, etc.)

Homework

  • Group work and presentation tasks for the next week's seminar
  • Requirement for every individual to participate in the group discussions
  • Prompt to ask IHL-based questions for class discussions

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Lecture 3_IHL in Theory_24-25 PDF

Description

This quiz explores the key aspects of International Humanitarian Law (IHL), including its main sources, principles, and the role of the International Committee of the Red Cross (ICRC). Test your understanding of critical concepts that differentiate International and Non-International Armed Conflicts, as well as obligations of states and measures to prevent war crimes.

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