Lecture 3 questions

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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?

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

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

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

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

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

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

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

How does the ICRC contribute to the enforcement of IHL?

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

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

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

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

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

What does the principle of distinction require during armed conflict?

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

Under what conditions may civilians be lawfully attacked?

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

What does the principle of proportionality prohibit in military actions?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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. Signup and view all the answers

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

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

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

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

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

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

Define 'direct participation' in hostilities according to IHL.

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

What role do protective emblems play in armed conflict?

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

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

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

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

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

How does the ICRC contribute to the dissemination of IHL?

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

Legal Nature of IHL (1)

Protecting persons not directly involved in hostilities (e.g., civilians, wounded, shipwrecked, prisoners of war)
Limiting effects of violence to achieve conflict objectives

Legal Nature of IHL (2)

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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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.