International Humanitarian Law

INTERNATIONAL HUMANITARIAN LAW and THE IRAQ CRISIS SUSAN SOUX April 2003 International Humanitarian Law ? the RULES which seek, for humanitarian reasons, to limit the effects of armed conflict, protect masses who ar not, or argon no longer taking agency in the hostilities, and to restrict the methods and means of warfare employed IHL the law of armed conflicts or or law of war Geneva Hague Geneva the law of Geneva is designed to safeguard military machine personnel who are no longer taking part in the fighting and people not actively involved in hostilities Hors de combat Civilians Medical/religious personnel The Hague the law of The Hague establishes the rights and obligations of belligerents in the conduct of military operations, and limits the means of harming the enemy International humanitarian law prohibits all means and methods of warfare which fail to discriminate cause superfluous injury or unessential suffering cause severe or long-term damage to the environment . Other agreements prohibit the use of certain weapons and military tactics and protect certain categories of people and goods. ? he 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, plus its two protocols ? ? ? the 1972 Biological Weapons Convention the 1980 Conventional Weapons Convention and its quartette protocols the 1993 Chemical Weapons Convention ? the 1997 Ottawa Convention on anti-personnel mines ? the 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. galore(postnominal) provisions of international humanitarian law are now accepted as customary law that is, as general rules by which all States are bound.HENRI DUNANT BATTLE OF SOLFERINO History 1859 Battle of Solferino 1863 ICRC Geneva Conventions 1864 Hague laws 1899/1907 1949 Geneva conventions 1977 Additional Protocols Geneva Conventions 1949 Convention (I) for the Amelioration of the Condition of the Wo unded and Sick in Armed Forces in the Field. Geneva, 12 marvelous 1949. Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.Geneva, 12 August 1949. Convention (III) relative to the interference of Prisoners of War. Geneva, 12 August 1949. Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949. Iraq ratified Geneva Conventions 1956 US ratified in 1955 Additional Protocols 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977. Neither Iraq nor the US put on ratified the Protocols International Human Rights Law Universal Declaration of Human Rights 1948 International plight on Social, Economic and cultural Right International Covenant on Civil and Political Rights other conventions/covenants Convention on the Status of Refugees 1951 Guiding Principles on midland Displacement 1998 International Tribunals Nuremburg ICTY Hague ICTR Rwanda Sierra Leone International Criminal Court (Rome 1998/2002) Universal Jurisdiction Genocide War Crimes Crimes Against Humanity Current Issues Allegations of indiscriminate bombing Targeting chthonic IHL Ensuring Humanitarian Access Status of Combatants, Civilians and Civilians Taking Up Arms Suicide Attacks Perfidy Occupying Forces International Red Cross Protectors of the Geneva Conventions impartial, neutral and independent from whatever political objective Right to be present when conflict breaks out Protect the lives and dignity of victims of war Monitors compliance with Geneva Conventions Visits POWs Provides health check/humanitarian helper IRAQ ICRC in battle areas Hospitals Water Pows Trac ing IFRC and Red Crescent Societies outside the battle Refugee camps Tracing Humanitarian assistance International Delegates Water Systems Medical Assistance Family TracingRefugee Camps Orthopaedic Centres Orthopaedic Centres Resources www. icrc. org www. ifrc. org www. redcross. ca http//www. ihlresearch. org/iraq/ http//www. reliefweb. int/ocha_ol/civilians/ www. unhcr. ch As human beings, we cannot be neutral, or at least have no right to be, when other human beings are suffering. Each of us must do what he or she can to help those in need, yet though it would be much safer and more comfortable to do nothing. Kofi Annan UN Secretary-General