Home
Search results “Principles of armed conflict law”
Rules of war (in a nutshell)
 
04:44
Yes, even wars have laws. To find out more, visit http://therulesofwar.org ******** Rules of War in a Nutshell - script Since the beginning, humans have resorted to violence as a way to settle disagreements. Yet through the ages, people from around the world have tried to limit the brutality of war. It was this humanitarian spirit that led to the First Geneva Convention of 1864,and to the birth of modern International Humanitarian Law. Setting the basic limits on how wars can be fought, these universal laws of war protect those not fighting, as well as those no longer able to. To do this, a distinction must always be made between who or what may be attacked, and who or what must be spared and protected. - CIVILIANS - Most importantly, civilians can never be targeted. To do so is a war crime. “When they drove into our village, they shouted that they were going to kill everyone. I was so scared, I ran to hide in the bush. I heard my mother screaming. I thought I would never see her again.” Every possible care must be taken to avoid harming civilians or destroying things essential for their survival. They have a right to receive the help they need. - DETAINEES - “The conditions prisoners lived in never used to bother me. People like him were the reason my brother was dead. He was the enemy and was nothing to me. But then I realized that behind bars, he was out of action and no longer a threat to me or my family.” The laws of war prohibit torture and other ill-treatment of detainees, whatever their past. They must be given food and water and allowed to communicate with loved ones. This preserves their dignity and keeps them alive. - SICK & WOUNDED - Medical workers save lives, sometimes in the most dangerous conditions. “Several fighters from both sides had been critically wounded in a fierce battle and we were taking them to the closest hospital. At a checkpoint, a soldier threatened us, demanding that we only treat his men. Time was running out and I was afraid they were all going to die.” Medical workers must always be allowed to do their job and the Red Cross or Red Crescent must not be attacked. The sick or wounded have a right to be cared for, regardless of whose side they are on. - LIMITS TO WARFARE - Advances in weapons technology has meant that the rules of war have also had to adapt. Because some weapons and methods of warfare don't distinguish between fighters and civilians, limits on their use have been agreed. In the future, wars may be fought with fully autonomous robots. But will such robots ever have the ability to distinguish between a military target and someone who must never be attacked? No matter how sophisticated weapons become it is essential that they are in line with the rules of war. International Humanitarian Law is all about making choices that preserve a minimum of human dignity in times of war, and makes sure that living together again is possible once the last bullet has been shot.
International humanitarian law: a universal code
 
13:46
Is international humanitarian law up to the job of protecting the people affected by modern-day armed conflicts? This film looks in turns at the poor security conditions frequently confronting the civilian population, the fact that people often have to flee their homes, hostage-taking, the dangers posed by cluster munitions, and the work of preventing and, punishing war crimes. It tells us the basic rules of the law and reminds us that respecting them is everyone's responsibility. http://www.icrc.org
What is INTERNATIONAL HUMANITARIAN LAW? What does INTERNATIONAL HUMANITARIAN LAW mean?
 
04:06
✪✪✪✪✪ WORK FROM HOME! Looking for US WORKERS for simple Internet data entry JOBS. $15-20 per hour. SIGN UP here - http://jobs.theaudiopedia.com ✪✪✪✪✪ ✪✪✪✪✪ The Audiopedia Android application, INSTALL NOW - https://play.google.com/store/apps/details?id=com.wTheAudiopedia_8069473 ✪✪✪✪✪ What is INTERNATIONAL HUMANITARIAN LAW? What does INTERNATIONAL HUMANITARIAN LAW mean? INTERNATIONAL HUMANITARIAN LAW meaning - INTERNATIONAL HUMANITARIAN LAW definition -INTERNATIONAL HUMANITARIAN LAW explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. International humanitarian law (IHL) is the law that regulates the conduct of war (jus in bello). It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning non-combatants. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering. Serious violations of international humanitarian law are called war crimes. International humanitarian law, jus in bello, regulates the conduct of forces when engaged in war or armed conflict. It is distinct from jus ad bellum which regulates the conduct of engaging in war or armed conflict and includes crimes against peace and of war of aggression. Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also define both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories. International humanitarian law operates on a strict division between rules applicable in international armed conflict and internal armed conflict. This dichotomy is widely criticized. The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. While pluralist scholars conceive international human rights law as being distinct from international humanitarian law, proponents of the constitutionalist approach regard the latter as a subset of the former. In a nutshell, those who favors separate, self-contained regimes emphasize the differences in applicability; international humanitarian law applies only during armed conflict. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain groups of people including refugees (e.g., the 1951 Refugee Convention), children (the 1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva Convention).
Views: 16066 The Audiopedia
Scope of the law in armed conflict. 2/4 The nature and challenges of classifying armed conflicts
 
16:42
SCOPE OF THE LAW IN ARMED CONFLICT - Part 2 • (00:00) The nature and challenges of classifying armed conflict - Prof. Marco Sassòli • (13:06) Question: "If armed actors with purely criminal motivations continue to use force after a peace agreement, does the country remain classified as a non-international armed conflict? *** At a time where conflicts around the world are becoming more complex, answering the questions on the scope of international law - when does it apply, to whom and who does it protect? - is of particular relevance. The pursuit of the “war on terror” by military means has given rise to concerns over the emergence of a “global battlefield” governed by IHL. Contemporary armed conflicts also feature a multitude of actors, making it challenging to identify the parties to the conflict and the level of protection afforded to all present on the ground. Finally, the fragmentation of non-state armed groups and extraterritorial involvement of State armed forces raise further questions about the classification and typology of non-international armed conflicts. The event took place in ICRC's Humanitarium (Geneva, Switzerland) on 19 February 2015, and launched an upcoming issue of the International Review of the Red Cross that will come out in print in May 2015 (part of the content is already available online). The discussion was introduced by Helen Durham, Director of Law and Policy at the ICRC, and featured Prof. Marco Sassòli, Ms. Jelena Pejic and Prof Marko Milanovic as panelists, and with Prof. Noam Lubell as moderator.
OLS HLP Session 4 - Qualification of Armed Conflict and Determining the Applicable Law
 
39:16
Qualifying – or classifying – a situation as an international armed conflict (IAC) or non-international armed conflict (NIAC) is an important and often necessary step when determining whether the rules of international humanitarian law (IHL) apply in a specific context. The application of IAC or NIAC rules to a given scenario is of significant consequence; for instance, under IHL the standards governing the use of lethal force in an IAC or NIAC are far more permissive than those that apply during peacetime. The basic distinction between IACs and NIACs is reflected in both treaty and customary law, and dictates which rules apply to a particular situation. For instance, the treaty rules regulating conduct of hostilities and the treaty rules addressing humanitarian access differ in an IAC as compared to a NIAC. This session provides an introduction to conducting a qualification analysis under IHL. It will address such questions as: - What is the value or utility of such an exercise? - Who undertakes such an exercise and why? Is there a final arbiter of such an analysis? - What are the definitions of an IAC and a NIAC? Where does occupation fit in? - When does a situation of violence become an IAC or NIAC? - What are some of the challenges in qualifying a situation as an armed conflict? Read more about this session on https://phap.org/OLS-HLP-4
Views: 1765 PHAPassociation
OLS HLP 14 Legal foundations for humanitarian access in situations of armed conflict
 
01:03:12
International humanitarian law (IHL) establishes a number of provisions designed to enhance protections for civilians in armed conflict. The provision of humanitarian assistance, and securing the requisite humanitarian access to do so, are critical to addressing the suffering of the civilian population. IHL provides a legal basis for humanitarian actors to engage with parties to the conflict. It presents a common set of concepts, principles, and terminology that can inform negotiations as well as policy and operational decisions. Understanding what IHL says – and does not say – in terms of humanitarian access is critical for humanitarians. This event introduces the concept of humanitarian access and highlight the relevant IHL terminology and rules and presents some of the key challenges to this concept. Read more about the event at https://phap.org/OLS-HLP-14
Views: 712 PHAPassociation
Internationalized non-international armed conflicts
 
10:12
C3V6DEF2.mp4 LVNIHLXX2017-V006800
Scope of the law in armed conflict. 3/4 IHL's applicability to extra-territorial drone strikes
 
20:26
SCOPE OF THE LAW IN ARMED CONFLICT - Part 3 • (00:00) IHL's applicability to extra-territorial drone strikes - Ms. Jelena Pejic • (15:15) Prof. Noam Lubell's follow-up on the geographical scope of application of IHL *** At a time where conflicts around the world are becoming more complex, answering the questions on the scope of international law - when does it apply, to whom and who does it protect? - is of particular relevance. The pursuit of the “war on terror” by military means has given rise to concerns over the emergence of a “global battlefield” governed by IHL. Contemporary armed conflicts also feature a multitude of actors, making it challenging to identify the parties to the conflict and the level of protection afforded to all present on the ground. Finally, the fragmentation of non-state armed groups and extraterritorial involvement of State armed forces raise further questions about the classification and typology of non-international armed conflicts. The event took place in ICRC's Humanitarium (Geneva, Switzerland) on 19 February 2015, and launched an upcoming issue of the International Review of the Red Cross that will come out in print in May 2015 (part of the content is already available online). The discussion was introduced by Helen Durham, Director of Law and Policy at the ICRC, and featured Prof. Marco Sassòli, Ms. Jelena Pejic and Prof Marko Milanovic as panelists, and with Prof. Noam Lubell as moderator.
Scope of the law in armed conflict. 4/4 The challenge of determining the end of armed conflict
 
16:58
SCOPE OF THE LAW IN ARMED CONFLICT - Part 4 • (00:00) The challenge of determining the end of armed conflict - Marko Milanovic • (15:05) Question: "Why are you seemingly more comfortable with the "revolving door" scenario (intermittently classifying and de-classifying a conflict) for non-international armed conflicts, and not for international armed conflicts?" *** At a time where conflicts around the world are becoming more complex, answering the questions on the scope of international law - when does it apply, to whom and who does it protect? - is of particular relevance. The pursuit of the “war on terror” by military means has given rise to concerns over the emergence of a “global battlefield” governed by IHL. Contemporary armed conflicts also feature a multitude of actors, making it challenging to identify the parties to the conflict and the level of protection afforded to all present on the ground. Finally, the fragmentation of non-state armed groups and extraterritorial involvement of State armed forces raise further questions about the classification and typology of non-international armed conflicts. The event took place in ICRC's Humanitarium (Geneva, Switzerland) on 19 February 2015, and launched an upcoming issue of the International Review of the Red Cross that will come out in print in May 2015 (part of the content is already available online). The discussion was introduced by Helen Durham, Director of Law and Policy at the ICRC, and featured Prof. Marco Sassòli, Ms. Jelena Pejic and Prof Marko Milanovic as panelists, and with Prof. Noam Lubell as moderator.
Middle East Conflicts and the Law of Armed Conflict
 
01:27:00
A panel of national security law experts discusses the challenges of translating traditional rules of war to the unconventional conflicts taking place in the Middle East. The panel consists of Brig. Gen. (Ret.) Ken Watkin (former Judge Advocate General, Canadian Armed Forces); Brig. Gen. (Ret.) Rich Gross (former legal counsel, Chairman of the Joint Chiefs of Staff) and Michael Meier (office of the Judge Advocate General, Department of the Army). Geoff Corn, South Texas College of Law, moderates. This panel was part of the UVA Law conference "Region in Turmoil: Conflicts in the Middle East." (University School of Law, March 2, 2017)
Low-intensity non-international armed conflicts
 
06:01
C3V8DEF.mp4 LVNIHLXX2017-V004600
Use of force in armed conflicts 1/5 Opening remarks
 
06:25
Webinar: Use of Force in Armed Conflicts. Interplay between the Conduct of Hostilities and Law Enforcement Paradigms This webinar will discuss the conclusions set forward in an Expert Meeting Report (ICRC, 2013) on the distinction between the conduct of hostilities and law enforcement paradigms. Synopsis: In contemporary armed conflicts, in particular in non-international armed conflicts and occupations, armed forces are increasingly expected to conduct not only combat operations against the adversary, but also law enforcement operations, in order to maintain or restore public security, law and order. In practice, it is sometimes difficult to draw the line between situations governed by the conduct of hostilities paradigm (derived from international humanitarian law) and those governed by the law enforcement paradigm (mainly derived from human rights law). Effective determination of the appropriate applicable paradigm may have a crucial impact on the humanitarian consequences of an operation, since the rules and principles shaping the two paradigms are different. In order to shed further light on these issues, the ICRC has organized an expert meeting on the topic and subsequently published an Expert Meeting Report (end of 2013) in English. The aim of this webinar is to discuss the conclusions set forward in the Expert Meeting Report. Panelists: • Gloria Gaggioli, former ICRC Thematic Legal Advisor, Associate professor, University of Geneva • Brigadier General Richard Gross, Legal Counsel to the Chairman of the Joint Chiefs of Staff • David Kretzmer, Emeritus Professor, The Hebrew University of Jerusalem • Colonel Juan Carlos Gómez Ramirez, Ministry of Defence, Colombia • Moderated by: Jamie Williamson, Head of Unit, Unit for Relations with Arms Carriers (ICRC) For more information: https://www.icrc.org/eng/resources/documents/event/2014/webinar-use-of-force.htm
Cultural Heritage in Armed Conflict: The 1954 Hague Convention and its two (1954 and 1999) Protocols
 
05:30
The Convention for the Protection of Cultural Property in the Event of Armed Conflict was adopted at The Hague (Netherlands) in 1954 in the wake of massive destruction of cultural heritage during the Second World War. It is the first international treaty with a world-wide vocation focusing exclusively on the protection of cultural heritage in the event of armed conflict. To learn more about the 1954 Hague Convention and its two (1954 and 1999) Protocols visit: http://www.unesco.org/new/en/culture/themes/armed-conflict-and-heritage/
Views: 4471 UNESCO
OLS-HLP 3: The Fundamental Principles of IHL Regulating Hostilities
 
29:24
This session provides a brief introduction to the basic rules of conduct of hostilities, offering participants the opportunity to learn about the relationship between the principles of distinction and proportionality, the rules regarding precautionary measures, and the prohibition of superfluous injury and unnecessary suffering. The definition of a military objective will be covered, as will conditions under which damage to civilian objects or injury or death to civilians may not be unlawful under IHL in certain circumstances.
Views: 2610 PHAPassociation
Traditional international armed conflicts
 
07:59
C3V5DEF.mp4 LVNIHLXX2017-V005200
Conduct of hostilities: challenges in today’s armed conflicts
 
01:16:11
The Advanced IHL Learning Series are addressed to lecturers and trainers who wish to update their knowledge of the latest developments and challenges in international humanitarian law (IHL) and other related areas. They enable lecturers to update and deepen their expertise in topical issues, have access to teaching resources and introduce the topics in their course or training. This video provides some insights into the challenges that exist in armed conflicts today, particularly how the three main principles of IHL are applied, namely the principles of distinction, proportionality and precautions. Watch this video for more insights. This video was filmed during the 2017 edition of the Advanced Seminar in IHL for University Lecturers co-organized by the ICRC and the Geneva Academy. The opinions expressed by the lecturers in the series are theirs alone, and not necessarily shared by the ICRC.
Law of Armed Conflict Military Instructors Course
 
04:27
دورة مدربي قانون النزاعات المسلحة بالتعاون مع اللجنة الدولية للصليب الأحمر / بعثة عمان رغم تعدد تعريفات القانون الدولي الإنساني، إلا أنها- أي التعريفات- أجمعت على حقيقة واحدة مفادها؛ أن هدف هذا القانون هو حماية الأشخاص الذين يعانون من ويلات الحرب. تعرف اللجنة الدو لية للصليب الأحمر القانون الدولي الإنساني بأنه: مجموعة القواعد الدولية الموضوعة بمقتضى معاهدات أو أعراف، والمخصصة بالتحديد لحل المشاكل ذات الصفة الإنسانية الناجمة مباشرة عن المنازعات المسلحة الدولية أو غير الدولية، والتي تحد – لاعتبارات إنسانية- من حق أطراف النزاع في اللجوء إلى ما يختارونه من أساليب أو وسائل للقتال، وتحمي الأشخاص والممتلكات" International humanitarian law (IHL), or the law of armed conflict, is the law that regulates the conduct of armed conflicts (jus in bello). It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not or no longer participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law. It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering.
Views: 690 Potc Jordan
Is the law of armed conflict in crisis and how to recommit to its respect?
 
01:48:21
On 21 April 2016, the ICRC hosted a livestreamed panel at the Humanitarium to discuss whether international humanitarian law (IHL) is under threat today; and if so, how respect for it can be rebuilt. The panel also provided an opportunity to reflect on the role of actors such as the ICRC in upholding IHL. The event was part of the Conference Cycle on “Generating Respect for the Law” and accompanied the meeting of the Editorial Board of the International Review of the Red Cross. Speakers included: • Vincent Bernard, Head of Law and Policy Forum, Editor in Chief of the International Review of the Red Cross, ICRC • Helen Durham, Director of International Law and Policy Department, ICRC • Marco Sassòli, Professor of International Law and Director of the Department of International Law and International Organization of the University of Geneva • Adama Dieng, UN Secretary-General's Special Adviser for the Prevention of Genocide • Michael N. Schmitt, US Naval War College, University of Exeter • Fiona Terry, Research Advisor, ICRC Subscribe to the ICRC Law and Policy Newsletter: http://bit.ly/1QgBtDJ
OLS HLP 8: International humanitarian law and human rights law in armed conflict
 
01:02:16
On 22 September, PHAP will host the next online learning session on humanitarian law and policy, where we will take an initial look at a legal question that has fundamental importance to many humanitarian operations - namely how international human rights law (IHRL) applies to situations of armed conflict. Register now for this opportunity to hear from Professor John Cerone, a leading expert in this area, who will deliver a lecture and answer questions from participants. International law plays a central role in the protection of civilians in armed conflict, and both international humanitarian law (IHL) and international human rights law (IHRL) establish important principles and rules. This session will provide an introduction to the application of IHL and IHRL to situations of armed conflict, looking at fundamental issues including the circumstances in which IHRL applies, who has rights and obligations under IHRL, derogation from treaty obligations, the question of co-application, and the extraterritorial application of human rights. The session aims to provide participants with the basic knowledge necessary to follow upcoming learning sessions focusing on current humanitarian crises. In particular, the session will address the following questions: Under what circumstances does IHRL apply? How does this differ from the applicability of IHL? Who has rights under IHL and IHRL? Who has obligations under IHL and IHRL? Who can bring a claim for violations of IHL and IHRL? Who may be held liable for violations of IHL and IHRL? What is derogation from treaty obligations, and under what circumstances may it be invoked? Do human rights obligations apply outside the territory of a state - in other words, is there extraterritorial applicability of IHRL? If IHL and IHRL both address the same type of situations – for instance, detention or the use of lethal force – how do we know which body of law to apply? What is the lex specialis principle that is often cited in this context? What are the practical consequences of the current debates concerning the relationship between IHL and IHRL, in particular the legal and operational issues resulting from co-application of the two frameworks? You can access additional resources and take the assessments on the session page at https://phap.org/OLS-HLP-8
Views: 3384 PHAPassociation
The main categories of armed conflicts
 
04:44
C3V2DEF.mp4 LVNIHLXX2017-V004900
Translating IHL into military operations
 
01:49:46
As conflicts are becoming greater in complexity and more atrocious in the human suffering they cause, how can military commanders ensure their operations remain within the confines of international humanitarian law (IHL)? Where do we stand with regard to translating IHL into coherent operational guidance and rules of engagement that are not only legally accurate, but also relevant and effective in contemporary armed conflicts? More information: http://blogs.icrc.org/law-and-policy/2016/09/15/translating-ihl-military-operations/
OLS Humanitarian Law and Policy - Detention in non-international armed conflict
 
01:02:20
Understanding the legal bases for detention is important for those working in situations of armed conflict, even if they are not focusing on the issue in their work. However, while detention in international armed conflicts is regulated in detail under international humanitarian law (IHL), the situation in non-international armed conflicts (NIACs) is less clear. Knowing the basics of this topic and its current state of discussion has become essential. The debate has been further intensified after the ruling on the 2014 Serdar Mohammed case against UK authorities regarding unlawful detention, in which IHL was considered neither authorizing nor regulating detention in NIACs. The issue becomes further complicated when dealing with internationalized NIACs as in Iraq or Afghanistan, where the application of international human rights law or domestic law by one state in the territory of another state has been questioned. In this learning session, Professor Gabor Rona will provide PHAP members with an introduction to legal frameworks applicable to detention in armed conflict and the existing legal debate regarding detention in NIACs, followed by an opportunity for questions and answers. Read more about the session and access related resources at https://phap.org/15nov2016
Views: 254 PHAPassociation
The Interplay between international humanitarian law (IHL) and international human rights law (IHRL)
 
01:13:57
The Advanced IHL Learning Series are addressed to lecturers and trainers who wish to be abreast of the latest developments in international humanitarian law (IHL) and other related areas. The series help lecturers strengthen their grasp of topical issues and gives them access to teaching resources, thereby enabling them to introduce these topics or issues in the courses or training sessions that they run. This video provides some insights on recent developments in the interplay between IHL and IHRL, namely: the challenges posed by the application of IHRL in armed conflicts, the issues related to the simultaneous application of IHL and IHRL, the interplay between IHL and IHRL concerning use of force and deprivation of liberty in armed conflict, an overview of recent case law and courts decisions, as well as perspectives and future challenges on the matter. This video was filmed during the 2015 edition of the Advanced Seminar in IHL for University Lecturers co-organized by the ICRC and the Geneva Academy. The opinions expressed by the lecturers in the series are theirs alone, and not necessarily shared by the ICRC. For more information please visit: https://www.icrc.org/en/document/recent-developments-interplay-between-ihl-and-ihrl
International Humanitarian Law and its Application in Contemporary Conflicts
 
12:57
An expert in international humanitarian law, Dr. Marco Sassoli was in Yerevan to participate in a panel discussion on the challenges of humanitarian access and to help launch the publication by the International Committee of the Red Cross, “How Does Law Protect in War.” Dr. Sassoli spoke with CivilNet about how international humanitarian law is applied in contemporary conflicts. © Նյութի հեղինակային իրավունքները պատկանում են Սիվիլիթաս հիմնադրամին: ՍիվիլՆեթի խմբագրական քաղաքականության համաձայն` արգելվում է օգտագործել ՍիվիլՆեթի նյութերը առանց պատշաճ հղման, ներբեռնել և այլ օնլայն հարթակից վերբեռնել ՍիվիլՆեթի պատրաստած և տարբերանշանը կրող տեսանյութերը` առանց համապատասխան համաձայնության: © Copyright of this report belongs to the Civilitas Foundation. In accordance with the editorial policy of CivilNet (the media project of the Civilitas Foundation), materials may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior consent of CivilNet. You may not alter or remove any trademark, copyright or other notice from copies of the content.
Views: 5909 CivilNet
ICRC - Advanced IHL Learning Series 3 – Applying IHRL in armed conflict: Challenges (2/7)
 
12:12
Applying IHRL in armed conflict: Challenges (Excerpt from “Recent developments in the interplay between international humanitarian law (IHL) and international human rights law (IHRL)”) The application of IHRL to situations of armed conflict is complicated by a number of issues: the differences in the ways IHRL and IHL protect persons; the extent to which IHRL can be applied to armed conflicts taking place outside the territory of the parties concerned; whether non-State parties are bound to apply IHRL in non-international armed conflicts; and the extent to which States may derogate from certain of their obligations under IHRL, in particular those related to detention. Watch this video for more insights. This video was filmed during the 2015 edition of the Advanced Seminar in IHL for University Lecturers co-organized by the ICRC and the Geneva Academy. The opinions expressed by the lecturers in the series are theirs alone, and not necessarily shared by the ICRC. For more information please visit: https://www.icrc.org/en/document/recent-developments-interplay-between-ihl-and-ihrl
War crimes in non-international armed conflicts
 
07:06
C7V9DEF0511.mp4 LVNIHLXX2017-V014700
Exploring Humanitarian Law : Limits in armed conflict
 
16:57
This video is part of the Exploring Humanitarian Law education programme. For more information, visit http://www.ehl.icrc.org. About this video: This module introduces the idea that there are rules for behaviour in armed conflict that seek to protect victims and other vulnerable people. After exploring some of the complexities and potential threats to individuals that arise from an armed conflict, students propose rules for protecting life and human dignity. They study the basic provisions of international humanitarian law (IHL) and apply them to such issues as the recruitment or other use of children by armed forces or groups, and limits on certain weapons and methods of warfare.
Is the Law of Armed Conflict in Crisis?
 
46:27
Professor Marco Sassòli discusses how the international community can recommit to respect international humanitarian law (IHL). Widespread violations of IHL cause tremendous human suffering. Against this background, it is tempting to conclude that IHL is less relevant or no longer relevant at all. And yet, in substance, IHL has grown stronger, not weaker, over the past years. States have negotiated new international treaties and incorporated IHL into their domestic legal orders, international tribunals have produced judgments on the basis of IHL, and arms carriers have been trained in this body of law. Professor Sassòli shares his insights on bridging the gap between the development of IHL and the situation on the ground. Marco Sassòli is Professor of International Law and Director of the Department of International Law and International Organization at the University of Geneva, and Commissioner of the International Commission of Jurists' (ICJ). From 2001-2003, he taught at the Universite du Quebec a Montreal, Canada, where he remains Associate Professor. From 1985-1997 he worked for the ICRC at the headquarters, inter alia as deputy head of its legal division, and in the field, inter alia as head of the ICRC delegations in Jordan and Syria, and as protection coordinator for the former Yugoslavia. During a sabbatical leave in 2011, he joined again the ICRC, as legal adviser to its delegation in Islamabad. He also served as executive secretary of the ICY, as registrar at the Swiss Supreme Court, and from 2004-2013 as chair of the board of Geneva Call, an NGO engaging non-State armed actors to respect humanitarian rules.
Views: 236 AIIAvision
Protecting cultural property in armed conflict
 
03:59
ICRC speaks with Anna Segall, Legal Adviser and Director, Office of International Standards and Legal Affairs, UNESCO, about protecting cultural property in armed conflict, at the Fourth Commonwealth Red Cross and Red Crescent Conference on International Humanitarian Law, in Canberra, July 2015.
Human Shields and the Regulation of Armed Conflict: Key Issues and Challenges
 
02:00:29
This panel of international experts discussed key issues and challenges related to human shields and the regulation of armed conflicts, including which party – the attacker or the defender – has the greater responsibility to avoid civilian casualties and whether the distinction between voluntary and involuntary human shields practically realistic and legally relevant.
International Humanitarian Law
 
04:27
International humanitarian law (IHL) is the law that regulates the conduct of war. It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law". The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. While pluralist scholars conceive international human rights law as being distinct from international humanitarian law, proponents of the constitutionalist approach regard the latter as a subset of the former. In a nutshell, those who favor separate, self-contained regimes emphasize the differences in applicability; international humanitarian law applies only during armed conflict. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain groups of people including refugees (e.g., the 1951 Refugee Convention), children (the 1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva Convention). Democracies are likely to protect the rights of all individuals within their territorial jurisdiction. choice. The main treaty sources of IHL applicable in international armed conflict are the four Geneva Conventions of 1949 and their Additional Protocol I of 1977. The main treaty sources applicable in non-international armed conflict are Article 3 common to the four Geneva Conventions and their Additional Protocol II of 1977. There is a further Protocol III to the 1949 Conventions adopted in 2005, which is concerned with the narrow issue of the (ab)use of the symbol of the Red Cross/Red Crescent, which is of critical importance in the context of IHL and providing humanitarian assistance to civilians, the injured and sick. There are also many older treaties dealing with matters which are a part of the corpus of IHL, primarily the Hague Conventions of 1899 and 1907, which are still relevant in certain contexts. It is also important to stress that there were also two earlier Geneva Conventions from 1929. Although these have been superseded, these conventions applied during the Second World War. Many of the treaty provisions of IHL bind states as the provisions are considered to represent customary international law. There is also a clear relationship between IHL and aspects of international criminal law (ICL); violations of IHL are often violations of ICL and entail individual criminal responsibility which is recognised by international law. Thus, IHL, also known as the laws of war, is a body of rules and principles which has a complex but important relationship with IHRL and ICL. IHL primarily stems from the Geneva and Hague Conventions that relate to the treatment of combatants and non-combatants in times of conflict. The fundamental basis for the existence of IHL is, rather paradoxically, human dignity. IHL is a recognition that armed conflicts exist and have always done so. But it is the attempt to ‘humanise’ conflict so that suffering is not unnecessary and that there is a recognition that there are limits to what can be done to others in a situation of conflict. Thus IHL is, like IHRL, based upon an attempt to legally protect the inherent dignity of humankind.
IHL and Humanitarian Principles
 
01:12:50
IHL and Humanitarian principles The Advanced IHL Learning Series are addressed to lecturers and trainers who wish to update their knowledge of the latest developments and challenges in international humanitarian law (IHL) and other related areas. They enable lecturers to update and deepen their expertise in topical issues, have access to teaching resources and introduce the topics in their course or training. What are the respective aims of IHL and the humanitarian principles? What are their sources? Who are they addressed to? Does IHL refer to the principles? What is the normative framework governing relief operations? How can the principles help foster respect for IHL? This Advanced IHL Learning Series provides lecturers with a wide range of resources to understand and teach these issues. For more information please visit: https://www.icrc.org/en/ihl-and-humanitarian-principles
Asymmetric Conflicts and the Rules of War
 
21:50
Date: June 18, 2009 Conference: "Hamas, the Gaza War, and Accountability Under International Law" hosted by the Jerusalem Center for Public Affairs & Konrad-Adenauer-Stiftung Speaker: Col. (ret.) Pnina Sharvit Baruch (Former Head of the Int'l Law Dept. of the IDF Military Advocate General's Office) In her presentation, Col. Baruch examines the question of whether the existing laws of armed conflict are suited to dealing with situations of fighting against a terror organization, or whether such asymmetric armed conflicts require a new set of rules. Baruch argues that in principle the existing body of laws of armed conflict are suitable and relevant, even in counterterrorism operations. Some contend that since the existing laws are unsuitable there are no applicable rules and therefore states should enjoy a free hand. She argues that this is an unacceptable outcome and is impractical. Rather, you have to give tangible, practical legal advice that are based on some framework of laws. These are derived from the accepted principles of distinction and proportionality, and are then applied to the situation at hand. Distinction refers to how a person is defined. The current perception of a terrorist involved in an armed conflict, they do not enjoy civilian immunity from attack when involved in hostilities. In some circumstances, they may even lose their civilian status altogether and be regarded as members of the armed forces of a party to the conflict. The principle of proportionality states that an attack is legal as long as the collateral damage expected to occur to civilians, or civilian objects, is not excessive with respect to the military advantage that is anticipated from the attack. She argues that the formula seeks to achieve a realistic balance between the protection of civilians and the military necessities of war, and does not therefore prohibit collateral damage per se. View the full article here: http://jcpa.org/article/asymmetric-conflicts-and-the-rules-of-war/ View the full conference here: http://media-line.co.il/Events/Jcpa/Law-Conference/eng.aspx
Views: 339 TheJerusalemCenter
High-intensity non-international armed conflicts
 
03:33
C3V9DEF.mp4 LVNIHLXX2017-V004500
Transnational armed conflicts
 
05:13
C3V10DEf.mp4 LVNIHLXX2017-V005500
IHL Talks - The Protection of Cultural Property in Times of Armed Conflict
 
01:42:29
This IHL Talk discussed the legal framework protecting cutural property in armed conflicts situations. It also addressed the recent international initiatives aiming an enhancing the protection of cultural property, including the creation of the International Alliance for the Protection of Cultural Property in Conflicts Zones (ALIPH).
War crimes in international armed conflicts
 
06:12
C7V8DEF.mp4 LVNIHLXX2017-V014400
Humanizing the laws of war – the Red Cross and the development of International Humanitarian Law
 
01:28:28
As part of its conference cycle on Generating respect for the law, the ICRC and the German Permanent Mission to the United Nations convened a panel discussion on 29 June at the Humanitarium to launch the book: "Humanizing the Laws of War – the Red Cross and the Development of International Humanitarian Law" edited by Robin Geiß, Andreas Zimmermann and Stefanie Haumer. The event discussed the Red Cross and Red Crescent Movement's role as a gentle modernizer of international humanitarian law (IHL) ever since its very creation and, in particular, critically assessed the ICRC's unique role.
Panel Discussion on 'Protection of civilians in armed conflict and other emergencies'
 
59:11
Over the 15 years since its inception, the South Asian Teaching Session (SATS) programme has developed into a prestigious and regionally acclaimed event, with participants from 10 countries, including Afghanistan, Bangladesh, Bhutan, Iran, India, Maldives, Myanmar, Nepal, Pakistan and Sri Lanka. Over the years, the participants have gone on to scale great heights and the ICRC wished to convene and reunite SATS alumni and thereby expand the forum for dialogue on international humanitarian law (IHL) and to share perspectives on its development. On 11 September 2014, the ICRC regional delegation in New Delhi organized a SATS alumni meet at its delegation office. The meet gave the guests the opportunity to participate in a panel discussion on 'Protection of civilians in armed conflict and other emergencies', led by Justice Geeta Mittal of the Delhi High Court and army veteran Lt Gen Satish Nambiar, PVSM, AVSM, VrC (Retd). The ICRC, through the SATS, imparts knowledge on IHL and trains mid-level professionals — including government officials working with ministries/departments — in the field of international law, human rights, international relations and defence studies on IHL. The teaching session focuses on the academic aspects of IHL, and the participants include government officials, academicians, NGO representatives and military officers. Initially, this teaching session drew the attention of the those involved in teaching courses on public international law, political science, international relations, human rights, and defence and strategic studies in universities and colleges in the South Asian region. SATS gradually gained in popularity and has witnessed participation from members of government departments, military circles and civil society groups who were dealing directly or indirectly with IHL issues in their professions.
Assessing Grounds for the Use of Force in Non-International Armed Conflict: What Legal Framework?
 
01:27:28
In this IHL Talk, panelists discussed the rules for military actions versus members of armed groups in non-international armed conflicts and how this relates to current state practice armed non-state actors
Use of force in armed conflicts 3/5 Case Study 2 – Riot situation
 
37:07
Webinar: Use of Force in Armed Conflicts. Interplay between the Conduct of Hostilities and Law Enforcement Paradigms This webinar will discuss the conclusions set forward in an Expert Meeting Report (ICRC, 2013) on the distinction between the conduct of hostilities and law enforcement paradigms. Synopsis: In contemporary armed conflicts, in particular in non-international armed conflicts and occupations, armed forces are increasingly expected to conduct not only combat operations against the adversary, but also law enforcement operations, in order to maintain or restore public security, law and order. In practice, it is sometimes difficult to draw the line between situations governed by the conduct of hostilities paradigm (derived from international humanitarian law) and those governed by the law enforcement paradigm (mainly derived from human rights law). Effective determination of the appropriate applicable paradigm may have a crucial impact on the humanitarian consequences of an operation, since the rules and principles shaping the two paradigms are different. In order to shed further light on these issues, the ICRC has organized an expert meeting on the topic and subsequently published an Expert Meeting Report (end of 2013) in English. The aim of this webinar is to discuss the conclusions set forward in the Expert Meeting Report. Panelists: • Gloria Gaggioli, former ICRC Thematic Legal Advisor, Associate professor, University of Geneva • Brigadier General Richard Gross, Legal Counsel to the Chairman of the Joint Chiefs of Staff • David Kretzmer, Emeritus Professor, The Hebrew University of Jerusalem • Colonel Juan Carlos Gómez Ramirez, Ministry of Defence, Colombia • Moderated by: Jamie Williamson, Head of Unit, Unit for Relations with Arms Carriers (ICRC) For more information: https://www.icrc.org/eng/resources/documents/event/2014/webinar-use-of-force.htm
Exploring Humanitarian Law: Show Youth the World
 
04:17
Humanitarian law is a body of international law that aims to protect human dignity during armed conflict and to prevent or reduce the suffering and destruction that results from war. All nations are party to the Geneva Conventions, and have a legal obligation to encourage the study of humanitarian law as widely as possible. The Exploring Humanitarian Law curriculum gives teachers easy-to-use materials to help students understand the rules governing war and their impact on human life and dignity. Find out more by visiting www.redcross.org/ehl
Views: 1800 American Red Cross