THE STORY BEHIND THE STORY The law of
THE STORY BEHIND THE STORY The law of war: 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. TO INSERT PART ON ICL
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. 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
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. 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
The law of war: Humanitarian law What do you know already about IHL?
The law of war: International Humanitarian Law What is it?
The law of war: International Humanitarian Law What is it? When and why is it relevant?
The law of war: International Humanitarian Law What is it? When and why is it relevant? What does it say?
The law of war: International Humanitarian Law Different laws for armed violence Internal violence Armed conflict
The law of war: Humanitarian law Different laws for armed violence IHRL National law Internal violence Armed conflict
The law of war: International Humanitarian Law Different laws for armed violence Non-international IHL IHRL National law Internal violence Armed conflict
The law of war: International Humanitarian Law Different laws for armed violence International Non-international IHL IHRL National law Internal violence IHRL National law Armed conflict
The law of war: International Humanitarian Law Different laws for armed violence International Treaty IHL Non-international 4 GCs + APs other treaties Treaty IHL 4 GCs CA 3 + AP II other treaties Customary IHL IHRL National law
The law of war: International Humanitarian Law When and why is the difference relevant? Greece, 2010 Sri Lanka, 2002 -2009
The law of war: Humanitarian law How can force be used? in internal violence in armed conflict
The law of war: Humanitarian law How can force be used? in internal violence 4 As exceptional measure 4 Only if all other means failed 4 In case of imminent threat of death or serious injury in armed conflict 4 By sparing civilians and civilian objects
The law of war: Humanitarian law How can force be used? in internal violence in armed conflict 4 As exceptional measure 4 Only if all other means failed 4 In case of imminent threat of death or serious injury 4 By sparing civilians and civilian objects If violated: 4 Criminal responsibility 4 War crimes
Relationship between IHL and IHRL
The law of war: Humanitarian law What is humanitarian law? Protects people who are not / no longer fighting Military necessity Regulates weapons and methods of warfare Humanitarian considerations
The law of war: Humanitarian law What is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Binds all parties in a conflict Applies in armed conflicts Cannot be suspended or limited Military necessity Humanitarian considerations
The law of war: Humanitarian law Who is protected by humanitarian law? People who ARE NOT involved in fighting 4 In international armed conflicts they are referred to as "civilians". If they become involved in fighting 4 can be prosecuted and temporarily lose their protection from being directly targeted
The law of war: Humanitarian law Who is protected by humanitarian law? People who ARE involved in fighting 4 military/paramilitary forces 4 organized armed groups of a party to the conflict 4 They are protected from being attacked when they are hors de combat: wounded, sick, shipwrecked, detained or surrendering 4 They are protected against specific weapons and methods even while fighting. 4 In international armed conflicts members of military/paramilitary forces are called "combatants" and cannot be prosecuted for lawfully fighting.
The law of war: International Humanitarian Law What is protected by humanitarian law?
The law of war: International Humanitarian Law How can weapons be used?
The law of war: International Humanitarian Law How can a war be fought?
The law of war: Humanitarian law Main principles Distinction
The law of war: Humanitarian law Main principles Distinction Precautionary Measures
The law of war: Humanitarian law Main principles Distinction Limitation Precautionary Measures
The law of war: Humanitarian law Main principles Distinction Limitation Precautionary measures Proportionality
The law of war: Humanitarian law Main principles Distinction 4 Parties to an armed conflict must distinguish between civilians and combatants and between civilian objects and military targets
The law of war: Humanitarian law Main principles Limitation 4 Weapons or methods causing superfluous injury or unnecessary suffering are prohibited
The law of war: Humanitarian law Main principles Precautionary Measures 4 Before and during an attack, every possible precaution must be taken to minimize potential harm to civilians and civilian objects.
The law of war: Humanitarian law Main principles Proportionality 4 The expected deaths and injuries to civilians or damage to civilian objects must not exceed the anticipated military advantage.
The law of war: Humanitarian law Activity Instructions on the exercise
The law of war: Humanitarian law Activity How does humanitarian law protect people? What are the rules for the conduct of hostilities? Which humanitarian rule could apply to the situation?
The law of war: Humanitarian law Occupation 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
The law of war: Humanitarian law Occupation 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 4 Humanitarian law 4 Human rights law 4 The laws of the occupied territory
The law of war: Humanitarian law Occupation 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 4 Humanitarian law 4 Human rights law 4 The laws of the occupied territory Security patrol by US forces in Baghdad, Iraq in 2003
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