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Class 5 International Law (2).docx

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Laura Shantz

Alexandre Genest, 2014 DCC 3117 – Public International Law – Class 5 – International Humanitarian Law and Syria -FOCUS ON DETAILED TABLE OF CONTENTS (it’s a roadmap) Course 5: International Humanitarian Law and Syria (Syria is on the final only) 1. Two Approaches for Controllling the Use of Force in International Law Article 51, 52, (self defense and internations is when or why we can use force) last week. A. The First Approach: Banning the Individual Use of Armed Force by States and Preventing Warfare (Jus ad Bello) Ad= verge of going to war. WHEN CAN YOU USE FORCE UN charter and and the security council mechanism. 2. The Second Approach: Regulating the Use of Force by States (Jus in Bello) In bello=You’re basically in the war. HOW CAN YOU USE FORCE Today we’re looking at whether there are rues governing one’s conduct once the use of force is in play. Difference between Iraq where question was whether we cOULD GO in to attack. Syria is what is going on in there? Shouldn’t they be abiding by some rules. 3. Historical Background to International Humanitarian Law  See Rosenne, International humanitarian Law, pp. 177-178. A. The Main Goal and Origins of Modern International Humanitarian Law The essence of it is to reduce human sufferings caused by war.(wanna get unnecessary suffering out of the equation..i.e like boxing match where kicking in the balls isn’t good for either boxer) . Start of it is located 1850 onwards. There were very tiny instances before that. 1)FLORENCE NIGHTENGAlE british nurse who cared for soldiers and promoted limitations in the killing of soldiers. 2)Henry Dunant  Published un souvenir de solpherino after seeing a field full of wounded soldiers. 3) U.S war Lieber code under Lincold’s presidency instructions for the government of armies of the U.S in the field. 1 Alexandre Genest, 2014 4. Two Main Objectives of International Humanitarian Law  See Rosenne, International humanitarian Law, p. 200. A. Protection of civilian populations and objects Things that are common sense i.e hospitals, churches, schools should never be bombed. 1) Civilian populations and civilian objects should be protected. Non- combattants should not have to suffer through any type of violence. As a non-combatant, rules of international humanitarian law don’t apply to you. 5. Prohibition against unnecessary suffering to combatants 2) Unnecessary significant suffering to combatants is prohibited. Limitation on weapons used i.e expanding bullets. 6. From the First Geneva Conference to World War II, 1863 to 1945 A. The First Geneva Conference and Convention (1863-1864) Interest and political will generated. Genevin citizens created the Geneva committee for assistance of wounded soldiers which became the founding conference for the international committee of the Red Cross which is part of the Red Cross and Red Crescent society... A year later there was the Geneva diplomatic meeting, they got together and adopted the convention for the amelioration of the condition of the wounded in armies( THIS IS 1TGENEVA CONVENTION and humanitarian law effort)  See Rosenne, International humanitarian Law, pp. 179. 7. The Second World War 1939-1945 big test to international humanitarian law. All major belligerents were subject to the laws for the wounded. The ussr, finland, Japan didn’t sign or ratify the prisoners of war conventions so they basically would have screwed any soldier they caught.  See Rosenne, International humanitarian Law, pp. 184-185. 1. Horrific acts regarding POWs Japanese were pityless and cruel towards their prisoners of war. Same with RussiA they didn’t send the germans back home they used them for building. 8. Horrific acts by occupying forces Germans occupying parts of Europe, they committed atrocities like the holocaust, the gypsies, slovs, homosexuals, killed all scholars. In all these instances the ICRC found themselves powerless. 2 Alexandre Genest, 2014 9. The Immediate Aftermath of the War; the War Crimes Trials  See Rosenne, International humanitarian Law, pp. 185-187. A. Four Major Legal Developments 1) Trials of war criminals in japan and Germany (Nuremberg?) 2) Adoption of genocide convention 3) Universal declaration of Human Rights 4) Complete revision of Geneva conventions. 1)-At that point there were no sanctions related to the Geneva conventions at the time and they thought they were not accountable. What the allies did is that they adopted a declaration during the war. When the war ended the allies were able to tri them. -Also, the complete fall/breakdown of Germany’s system required for someone to hold these trials. 10.War Crimes Trials and The International Military Tribunal We gave them the ability to defend themselves. 11.The Nature of Human Rights and International Humanitarian Law In the ICJ advisory opinion, related to the trheat of the use of nuclears, from 1996 the ICJ came out and said humanitarian law rules in arm conflicts are to be observed by all states, whether or not they ratified the Geneva conventions because they are “intransgressable” they are so fundamental in nature that no violation can be permitted by any State.  See Rosenne, International humanitarian Law, pp. 192-193. 12. The 1949 Geneva Conference: Four New Conventions Four conventions that replaced the previous ones adopted and regulations of the Peace conference. 1) The Geneva convention for amelioration of wounded and sick in armed forces in the field (convention on wounded soldiers in land forces) 3 Alexandre Genest, 2014 2) The geneva convention for amelioration of condition of wounded, sick, and shipwrecked (members of armed, navy, sea soldiers) 3) The geneva convention for Treatment of Prisoners of war (POW What happens when captured) 4) Relative to protection of vcivilian persons in the time of war (civilians)  See Rosenne, International humanitarian Law, pp. 194-195. First articles for all 4 are identical and 4 final in their implementation are identical. 13. Armed Conflicts Not of an International Character and Syria (STARTING HERE ON FINAL NOT MIDTERM)  See Blank & Corn - Syria and Conflict Recognition (2012), ONLY pp. 1-35. A. The Four Geneva Conventions and Their Common Articles Goal was to make it a bit simpler. All 4 would be triggered with the same criteria. They don’t use the term “War” they’d rather use “armed conflicts”. 1949 geneva conventions were extended to LOAC Law of Armed Conflicts that are internal in nature. (20 century there were so many civil wars that reached such high levels and the goals of international humanitarian law is to reduce suffering…so it would make no sense for it not to interfere in an instance of civil fighting) 14.The Application of International Humanitarian Law to Armed Conflicts not of an International Character 15.Common Articles 2 and 3 of the Geneva Conventions Distinction between these conflicts are embodied in articles 2 and 3 (called common articles because theyre identical) 2- Applied to cases of declared war or any other armed conflict that may arise between 2 or more of high contracting parties even if the … (so this is for between 2 states at least…THIS IS BEFORE 1949) 3- Certain provisions will apply to armed conflicts not of international character “occurring in the territory of one of the high contracting parties (signed the conventions), each party of the conflict will be binded by a number of articles)  See Blank & Corn - Syria and Conflict Recognition (2012), p. 10 FN 25 for text of Common Article 3.  See Rosenne, International humanitarian Law, pp. 196-197. 4 Alexandre Genest, 2014 16.Additional Protocols I and II to the Geneva Conventions of 1977 (adopted during the 1974-1977 Geneva Conference) a. Additional Protocol I (1977) New legal wording 1977) Additional protocol 1 …conflict between 2 states was extended to populations fighting against colonial dominations.( Because rule is usually against states, colonies wouldn’t usually count unthil this ) 17. Additional Protocol II (1977) Additional protocol 2 (1977) protection of victims of armed conflicts not of an international character. i.e Syria it tries to show a discomfort in states intervening in a state’s sovereignty. They basically said that it will apply to conflicts between armed forces of a state ‘s(signatory) armed forces and other organized armed groups or discident forces which under responsi
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