Transcript Lecture 5 – International Humanitarian Law

Lecture 5 – International
Humanitarian Law
•
1. Humanitarian law derives from basic principle
that individual is entitled to certain minimum
rights whether in peace or in war.
• 2. Entitlements:
a) Protection,security and respect.
b) If wounded or captured he is entitled to decent
care and human treatment.
c) I dead his body is entitled to decent treatment.
Lecture 5.1
• 3. Same side of the coin with human rights
law-wartime and peace time
• B. The first international conference on
Human Rights in 1968 coined the term
Human Rights in armed conflicts.
• C. Historical Background:
5.2
1. Magna Carta 1225
2. Bill of Rights 1688
3. French Declaration of Rights of Man and
Citizen (Declaration de droit de I’homme
et citoyen 1789
4. American Bill of Rights
5.3
• D. Primitive societies recognises the rights
of their kinsman and of a foreigner who
taken refuge in them.
• E. Humanitarian Law in its present form
can be traced back to efforts of concerned
individuals in different parts of the world.
5.4
1. Russian Pirogov raised the issue of
protecting the wounded and the sick in
battlefield during the Crimean War 185356.Followed by the writings of Rosseau in
distinction just and unjust war, activities of
Florence Nightinggale in Spanish war of
succession, Clara Barton in American Civil
wra and the writing of Swiss Henry Danaut
1863.
5.5
2. These effects gave rise to the international
committee for the relief of the wounded in 1863
which later became Red Cross.
3. 1864 Geneva Convention for the amelioration for
the conduct of the wounded in the fields provides
in article 6 “wounded and sick combatants of
whatever nation they may belong shall be
collected and cared for. It recognised neutrality of
ambulance, military hospitals and medical
personnel with sign of Red Cross.
5.6
• F. The Hague convention of 1899 and 1907
restrict the bombardment of towns villages
and buildings or dwellings which are
defined as prohibited
• Geneva Protocol of 1925 prohibited the use
of asphyxiating poisonous or other gases
and bacteriological methods of warfare
5.7
• H. Geneva convention for the tretment of
prisoners of war 1929.
• I. The experience of ww2, Korean wars,
liberation wars in Southern africa, Nigerian
Civil war led to the geneva conference on
the reaffirmation and development of
international humanitarian law.
5.8
• 1977 two additional protocols were signed .
Protocol 1 protects victims of international armed
conflicts and and protocol 2 those of non
international armed conflicts.
• Geneva Convention 1949 on International
conflicts.
• War must be declared
• Rights of neutral states/ and humanitarian
organisation
• Promote repraisal against individuals for wrongful
acts.
15. 9
• Avoid grave breaches that involve- wilful
killing, torture or inhuman treatment,
biological experiment, willful causing of
great suffering or serious injury to body and
health and extensive destruction and
appropriation of property not justified by
military necessity and carried out
unlawfully and unwantonly.
15.10
• Trials carried out in international courts and
contracting states have concurrent powers for trial,
for a state may ask extradition of an offender
whom his own state had refused to try.
• Protection of the wounded and sick in armed
forces in the field, and for care at sea, including
wrecked members of armed forces.
• Provide for search of casualties after an
engagement and slant line or protection and care.
15.11
• The dead shall be burried, if possible after
medical examination and information
should be recorded of the dead, wounded
and the sick forwarding to the adverse party
through intermediary.
• No civilian can be molested or convicted for
nursing the wounded sick.
15.12
• Persons are entitled to such respect as befit rank
and sex and physical or mental torture may be
inflicted on them in order to obtain information.
• Prisoners are allowed to receive letters and cards
although they may be censored.
• Prisoners are expected to receive relief, put under
authority of commissioned officer who must be
equipped with copies of the convention in the
prisoner’s own language.
15.13
• Protected persons are to be well treated in
accordance with their status, religion and sex.
• There shall be no collective punishment. Internees
entitled to a minimum of two letter four post cards
a month.
• Geneva Convention 1949 Non international
conflicts. Persons taking part in hostilities
including those who have been rendered hors de
combat by any cause shall be treated humanly
without and without any adverse discrimination.
15.14
• Prohibiting violence to life and persons
• Taking hostages and outrage upon personal
dignity
• Passing sentences and carrying out sentence
without previous judgment pronounced by a
regularly constituted court.
15.15
• Protocols 1&2 additional to Geneva convention of
12 August 1989 and relating it to the protection of
the victims of international armed conflict 1977.
• International conflict: liberation and colonial
wars were labeled international wars
• Protocol 1 protects medical transport ships,
aircraft and other means of transportation.
• Part 4 deals with civilian population
15.16
• Article 56 prohibits indiscriminate attacks
against civilians or reprisals against them.
• Defines military objects.
• Works and installations containing
dangerous forces for example dams, dykes
and nuclear electrical generating stations
shall not be attacked.
15.17
• Definition of objects indispensable to civilian
population is prohibited- crops, food, livestock
and drinking water.
• Parties to conflict shall allow and facilitate rapid
and unimpeded passage of relief consignments
and equipment.
• Protocol provide for setting up of 15 member fact
finding committees to inquire into allegations of
grave breaches.
15.18
• Article 47 (1) states that a mercenary shall
not have privilege status of a combat
prisoner.
• Protocol prohibits the use of weapons that
destroy the environment or such weapons
that may be expected to destroy and halt the
survival of the population.
15.19
• Cases
• Corfu Channel Case ICJ Reports 1949:4, Albania
was found liable for destruction of British war
ships and lives through the failure to notify them
of the existence of mines.
• In Shimoda vs The Japanese state Tokyo district
court held that the Nuclear attacks on Hiroshima
and Nagasaki preceding the surrender of Japan
were contrary to International law.
15.20
• Case concerning military and paramilitary
activities against Nicaragua ICJ rep
1986:4.14. 14 US was obliged to respect
humanitarian law concerning disseminating
to contra forces opposed to government of
Nicaragua planting mines in aid near ports
of Nicaragua without warning ships.