Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Class Session 1
Course Objectives
1. The student will know the mechanisms and processes for requesting military assistance 2. The student will be able to identify the strengthens and weakens of planning and exercise cycles between civil and military authorities 3. The student will be able to identify key areas of overlap and friction between civilian and military organizations. 4. The student will be able to identify the affects of phases and transitions during a disaster
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IHL Concepts
Law [A] body of rules of action or conduct prescribed by controlling authority, and having binding legal force. Blacks Law Dictionary, 5 ed. International Law [T]he body of rules governing relations between States. ICRC
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Customary International Law State practice considered by them to be legally binding. ICRC Treaties A formally concluded and ratified agreement between states. Oxford Dictionary
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IHL Concepts
International Law is composed of: Human Rights Law A set of international ruleson the basis of which individuals and groups can expect and/or claim certain behavior or benefits from governments. ICRC Refugee Law Law addressing rights of refugees & the obligations of States to protect those rights; International Humanitarian Law A set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. ICRC; & International Disaster Relief Laws The laws, rules and principles applicable to the access, facilitation, coordination, quality and accountability of international disaster response activities in times of non-conflict related disasters, which includes preparedness for imminent disaster and the conduct of rescue and humanitarian assistance activities. IFRC
IHL Concepts
Jus ad bellum The law on the use of force or war. Jus contra bellum The law on the prevention of force or war.
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International Federation of Red Cross and Red Crescent Societies IFRC National Red Cross / Red Crescent / Societies ex.: American Red Cross
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IHL - Evolution
IHL - Objectives
Objectives: Describe and explain: The basic concepts of international law; The evolution of International Humanitarian Law [IHL] & the Red Cross / Red Crescent Movement; When IHL applies; The sources & controlling instruments of IHL; & The fundamental principles of IHL.
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IHL Sources
Sources of International Humanitarian Law:
Customary International Humanitarian Law; and Treaties. International Accords/Guidelines
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Customary Law
Customary International Humanitarian Law: Requirement that States believe:
That the practice is legally binding on them as a member of the community of nations; That they must follow the practice; and That they are not free to depart or deviate from the practice. Opinio juris
Excludes:
Practices not widely followed by other nations; and Practices followed solely because of policy or convenience.
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IHL Sources
Geneva Conventions of 1949:
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea; Convention (III) relative to the Treatment of Prisoners of War; and Convention (IV) relative to the Protection of Civilian Persons in Time of War.
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IHL Sources
Application of the Geneva Conventions: Applies only to States who have signed the Conventions:
Only Niue has not signed the Geneva Conventions; Universal acceptance?
IHL Sources
Common Article 3
Art. 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the 30 conflict.
IHL Sources
Common Article 3 - Application: Applies in case[s] of armed conflict not of an international character;
Now, customary IHL;
Binds each party to the conflict; Sets out minimum standards for protection & care; Calls for parties to adopt other provisions of the Geneva Conventions Allows ICRC the right to offer its services; Does not affect legal status of the Parties.
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IHL Sources
Protocols to the Geneva Conventions:
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts [Protocol I, 1977]; Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of NonInternational Armed Conflicts [Protocol II, 1977]; and
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IHL Sources
Protocols to the Geneva Conventions:
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem [Protocol III, 2005].
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Right to ..
Derogation of
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Medical units:
Hospitals, clinics, depots, stores, tents, hospital ships, sickbays; Stretchers, medicines, surgical apparatuses; Protection may end with misuse of medical facilities.
Medical transport:
Ambulances, lifeboats, air ambulances/medical aircraft.
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Question: Which one, if either, can you shoot? Answer: The paratrooper.
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Questions?
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