Lecture 1 Introduction to IHL&ICL PDF

MINOR INTERNATIONAL LAW INTERNATIONAL HUMANITARIAN LAW INTERNATIONAL CRIMINAL LAW Public International Law ‘PIL’ (5 ECTS) International Humanitarian and International Criminal Law ‘I...

MINOR INTERNATIONAL LAW INTERNATIONAL HUMANITARIAN LAW INTERNATIONAL CRIMINAL LAW Public International Law ‘PIL’ (5 ECTS) International Humanitarian and International Criminal Law ‘IHL/ICL’ (5 ECTS) Human Rights Law ‘HRL’ (5 ECTS) Isabel Düsterhöft, LL.M., M.A. Email: [email protected]  OUTLINE o The Course o Basic notions of IHL o Basic notions of ICL o What’s the difference? TEACHING METHODOLOGY Lectures & Seminars Reading Moot & Court Movies Field Trip  WEEKLY SCHEDULE o Live lectures at THUAS o Fridays 12:15-14:30 in Ov.4.47 o Reading, homework & group work o Some seminars require preparation (group work!) o Guest lectures o Will be announced in due course o Field Trip o 22 November  ASSESSMENT o IHL/ICL = 33 % of the overall grade of the minor o Exam = 70% o 1.5 hours, testing the knowledge gained in all twelve weeks of the course o Moot Court = 30% o Separate module book on Blackboard o More information on this will follow in the coming weeks o Homework o Conditio sine qua non -> must complete homework and groupwork assignments to pass this course!  MOOT COURT (START IN WEEK 7) o ICC proceedings -> 4 teams: OTP, 2x Defence,Victims Counsel o Moot court case available before the Fall Break o Written pleading (70%) o Oral arguments (30%) o Preparation sessions, guest lecture & visit to the ICC  BEST MOOT COURT TEAM (WRITTEN/ORAL) WINS A PRIZE!  FIELD TRIP 22 November!  LITERATURE o No book – various articles, policy papers, videos and other publications o Mandatory and recommended reading is in the Module Book o Additional material provided via BrightSpace  LECTURE 1: INTRODUCTION TO THE HISTORIC FOUNDATIONS OF IHL AND ICL  WHAT IS IHL? Part of international law Set of rules which limit the conduct and effect of armed conflict Protects persons who are not (any longer) participating Applies to armed conflict (international and non-international)  LAW AND WAR The law of war?! Is war legal? Paradox of IHL Blatantly disregarded while it is the most widely accepted body of international law https://ucdp.uu.se/encyclopedia https://ucdp.uu.se/exploratory https://ucdp.uu.se/downloads/charts/  IS YOUR COUNTRY AT WAR? IS YOUR COUNTRY IN CONFLICT? Interesting read: https://www.prio.org/publications/13588  SOME HISTORY… Solferino (Henry Dunant) -> ICRC & Geneva Convention (1864) Law of The Hague (1899 and 1907) v. Law of Geneva Ius ad bellum v. Ius in bello WWI and industrialisation Chemical warfare WWII – breakthrough GCs 1949 and APs 1977 Emblem  BASIC RULES OF IHL Rules of War (see lectures 2 & 3!) https://www.youtube.com/watch?v=HwpzzAefx9M  HOW IS IHL ENFORCED? Enforcement? Teach rules to armed forces and general public Prevent violations and punish them Enact laws to punish war crimes Tribunals?  THE ROLE OF THE ICRC Founded in 1863 to examine the proposals made by Henry Dunant (Battle of Solferino) = principle of humanity! Declare army medical services neutral and give them a distinctive emblem Form voluntary relief societies to act as auxiliaries to army medical services ICRC = neutral, impartial and independent humanitarian organization formally mandated by States party to the Geneva Conventions to ensure, among other activities, assistance to, and protection of, victims of armed conflict or other situations of violence It is the guardian of IHL Art.5 GCs = “to undertake the tasks incumbent upon it under the GC, to work for the faithful application of IHL and to take cognizance of complaints based on alleged breaches of that law” + “to work for the understanding and dissemination of knowledge of IHL and to prepare any development thereof”  THE ICRC AT WORK So what does the ICRC really do? Monitoring function – constant reappraisal of IHL to ensure that this field of law reflects the reality of conflict -> adapt where necessary Catalyst function – stimulate discussion of problems Promotion function – advocacy in favour of IHL – disseminate & teach Guardian angel function – defending IHL against legal developments that may counter it Direct action function – contributing to the application of IHL Watchdog function – raising the alarm bell when serious violations occur THE ICRC & ITS ‘PARTNERS’ WHAT ELSE DOES THE ICRC DO?  READ/LISTEN https://blogs.icrc.org/law-and-policy/2023/02/16/war-law- humanity-icrc-international-armed-conflicts/  THE HISTORY OF ICL WWII -> Nuremberg and Tokyo Tribunals Reasons Tyranny and disregard for human dignity Overwhelming horrors Criticisms Victors’ justice Nullum crimen sine lege nullum poene sine lege Violation of state sovereignty Use of death penalty Lack of fair trial rights Proceedings in absentia  THE PRESENT OF ICL International Law Commission Road to the Rome Statute Addressing conflicts worldwide with national and international criminal tribunals and courts The Hague = city of peace and justice Nuremberg, Tokyo, The Hague, Rwanda, Sierra Leone, Phnom Penh and back to The Hague (etc.)  WHAT IS ICL? ICL is a subset of international law Places criminal responsibility on individuals and punishes acts that are defined as crimes by international law Those responsible for the most serious crimes of international concern Punishes war crimes –> connection to IHL Various courts around the world administer ICL and develop it National, hybrid, international Alternative accountability mechanisms IIIM, IIMM, UNITAD The main court for ICL is now the ICC =only permanent court in this field Universal jurisdiction?! https://www.flickr.com/photos/ministeriebz/20650440308/in/photostream/  WHAT’S THE DIFFERENCE? International Law IHL ICL Human Rights Traditionally: states Individuals = Individuals = Individuals = = subject subject subject subject Part of public int’l Part of public int’l Part of public int’l law law law Purpose: regulates the provides for provides for certain conduct of the individual criminal rights which accrue parties to an armed responsibility for to individuals and conflict and the serious crimes of groups vis-à-vis protection of international their government categories of concern persons/ civilians and civilian objects Main int’l Geneva Conventions Statute of ad-hoc ICCPR, ICESCR, instruments: (1949) and and hybrid tribunals CERD, CAT, Additional Protocols and the Rome CEDAW, CRC, (1977) Statute CMW, CEED, CRPD (1998/2002) PIL - HR - IHL/ICL: WHAT APPLIES?  TIME FOR SOME INFO Go to: Socrative.com Student Login Room: DJ0TFQ0B