3 of 8) All of the above (correct) Sweden/Syria, Can Armed Groups Issue Judgments? Humane treatment includes: (Military Persons Exempt From Attack, pg. The LOAC also permits the handcuffing or physical restraining of persons for the purpose of interrogating them, as well as isolation methods, so long as these are temporary measures used only when strictly necessary militarily (Ibid., p. 35). International Committee of the Red Cross.Geneva Conventions. Over 190 states follow the Geneva Conventions because of the belief that some battlefield behaviors are so heinous and damaging, they harm the entire international community. cit. One of the treaties created during the 1949 Convention, this defined "Prisoner of War,"and accorded such prisoners proper and humane treatment as specified by the first Convention. The 1991 gulf war was the first international conflict that Human Rights Watch examined for violations of the law of war and the first in which military lawyers helped pick targets. As military professionals, [Tommy] Franks and I spent many hours examining the reasons for attacking Iraq, and asking ourselves if they were sound. Young, How May Operation Iraqi Freedom [OIF] Campaigns Were There?, HIRE G.I., 14 July 2018, https://hiregi.com/2018/07/14/how-many-operation-iraqi-freedom-oif-campaigns-were-there/, (accessed 1 May 2019). In addition, these same national forces also failed to prevent, halt, suppress and punish combatants who committed genocide and crimes against humanity against these non-combatant civilians (see blogs #18 Caveats Endanger & Caveats Kill: National Caveats in UN Operations in Angola, Rwanda & Bosnia-Herzegovina, #20 Betrayal & Barbarism in Bosnia: The UNPROFOR Operation, National Caveats & Genocide in the Srebrenica UN Protected Area, #21 Srebrenica Aftermath: Serb Guilt & Dutch Liability for the Genocide in the UNPROFOR Safe Area in Bosnia,and#22 Recommended Viewing: The UN, National Caveats & Human Carnage in Rwanda). The riots were essentially a deliberate attempt to conduct reverse ethnic cleansing against the Kosovar Serb population, in direct if belated retaliation for the Serb ethnic cleansing that had been carried out against pro-independence minorities during the previous decade from 1991-1995 in Bosnia and Croatia (see blog #23 Caveat Chaos in Kosovo: Divided Allies & Fettered Forces in NATOs KFOR Operation during the 2004 Kosovo Riots). Among those contingents theoretically permitted by their governments and Rules of Engagement (ROE) to actually conduct these riot control operations, moreover, a substantial number of these national contingents were ill-trained, ill-equipped and ill-prepared to actually conduct riot control in actuality. General (GEN) Tommy Franks, the U.S. Army former Commander of CENTCOM, has also defended Americas decision to go to war against the Saddam dictatorship in Iraq, stating that: The intelligence, while not precise, was overwhelming. b. The riots were essentially a deliberate attempt to conduct reverse ethnic cleansing against the Kosovar Serb population, in direct if belated retaliation for the Serb ethnic cleansing that had been carried out against pro-independence minorities during the previous decade from 1991-1995 in Bosnia and Croatia (see blog , (3) Unchecked ethnic cleansing in Kosovo involving the deliberate destruction or razing of homes in the cities as well as in the countryside (including the burning of entire villages and the forced displacement of their inhabitants), and targeted destruction of sites of great historical import or cultural significance to the local Serb civilian population, including multiple places of worship (one of which, like, The LOAC is comprised of international laws such as the Geneva Conventions, which, once ratified by individual Nation States, proscribe powerful and unequivocal obligations and duties on all individual members of the Nation States armed forces during any and every military conflict. In 1929, updates were made to further the civilized treatment of prisoners of war. 'Common Article 3' - the article common to all four of the Geneva Conventions of 1949 which alone treats 'Non-International' armed conflict - requires that, in addition to humane treatment for all military personnel 'hors de combat' or taken 'Prisoner of War' in International armed conflicts, all persons not taking an active . The severest of these interrogation tactics was supervised waterboarding a technique used on 3 of the highest ranking, most knowledgeable and most obstinate Al Qaeda terrorists in American custody (see endnote). This agreement extended the protections described in the first Convention to shipwrecked soldiers and other naval forces, including special protections afforded to hospital ships. Geneva, 6 July 1906. International Committee of the Red Cross.Treaties, States, Parties, and Commentaries: 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. International Committee of the Red Cross.Treaties, States Parties, and Commentaries: 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. International Committee of the Red Cross. In addition, these same national forces also failed to prevent, halt, suppress and punish combatants who committed genocide and crimes against humanity against these non-combatant civilians (see blogs , #18 Caveats Endanger & Caveats Kill: National Caveats in UN Operations in Angola, Rwanda & Bosnia-Herzegovina, #21 Srebrenica Aftermath: Serb Guilt & Dutch Liability for the Genocide in the UNPROFOR Safe Area in Bosnia, During this sudden uprising, violence was unleashed by angry Albanian mobs against the minority Serb population throughout Kosovo Province. Protocol II was the first-ever international treaty devoted exclusively to . PBS.org.Summary of the Geneva Conventions of 1949 and Their Additional Protocols. (The Principles of the Law of War, pg. 11) The Law of War requires humane treatment for military personnel who are out of combat (hors de combat) due to capture by enemy forces. By 2003, most governments and intelligence services had concluded that Saddam had been successful in resuming his weapons programs. At the time, some were concerned we werent pushing hard enough. . 168-171. Another technique was waterboarding, a process of simulated drowning. PDF Updated January 13, 2005 - Federation of American Scientists [35] Modified images taken from the International Herald Tribune, www.iht.com, and ABC News, www.abc.news,(accessed 14 January 2011). My most solemn responsibility as president was to protect the country. In sum, International armed conflict (IAC) may be regarded as largely. That view was reinforced by his boasting and his behavior, intended to persuade his own people and his neighbors of that success. Once armed conflict breaks out, the exact laws of war and regulations that govern the hostility depends largely on its classification as either an International or Non-International armed conflict. The Law of War requires humane treatment for military personnel who are out of combat (hors de combat) due to capture by enemy forces. Torture has been defined in the Rome Statute as: The intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions (Article 7(2)(e) available to view here: https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf). In 1906, the Swiss government arranged a conference of 35 states to review and update improvements to the First Geneva Convention. For under the LOAC, Detaining Powers are clearly permitted to question detainees in order to ascertain their identity and status and to obtain information of military value, and are generally allowed to use skilful interrogation to induce detainees to provide intelligence of worth (NZDF LOAC Manual Chapter 15: Prisoners of War and other persons deprived of their liberty in the course of armed conflict, in Section Nine: Prisoners of War and Other Persons Deprived of Their Liberty. [30] For more information on the CIAs waterboarding program, the three senior Al Qaeda members that were waterboarded, the actionable intelligence revealed by them, and a few of the terrorist plots stopped worldwide as a result of the enhanced interrogation techniques, see George W. Bush, Decision Points, New York, Crown Publishers, 2010, pp. [31] [Hamdan v. Rumsfeld, 2006] see S.C. Welsh, Terrorism Detainees: Geneva Convention Common Article 3, Centre for Defense Information Law Project, 2006, p.1, www.cdi.org, (accessed 16 January 2007) and L. Greenhouse, Supreme Court Blocks Guantnamo Tribunals, New York Times, 29 June 2006, https://www.nytimes.com/2006/06/29/washington/29cnd-scotus.html, (accessed 23 April 2019). Common Article 3 the article common to all four of the Geneva Conventions of 1949 which alone treats Non-International armed conflict requires that, in addition to humane treatment for all military personnel hors de combat or taken Prisoner of War in International armed conflicts, all persons not taking an active part in hostilities within a Non-International armed conflict be likewise treated humanely in all circumstances, regardless of race, colour, religion, sex, birth, wealth or any other similar criteria. Few practices and norms of CIL with regard to conflict and the conduct of war have not been codified into LOAC legislation. The Geneva Conventions of 1949 also laid out rules for protecting wounded, sick or shipwrecked armed forces at sea or on hospital ships as well as medical workers and civilians accompanying or treating military personnel. In 2006, however, there was a whirlwind of international legal controversy with regard to Al Qaeda and Taliban terrorists and terror-using insurgents captured by the United States and its coalition allies in Afghanistan and Iraq, and held as unlawful combatant detainees in Guantanamo prison. With regard to the highly controversial Iraq War, the U.S. Marine Corps former Deputy Commander of U.S. CENTCOM, Lieutenant General (LTGEN) Michael DeLong, stated in 2007 that: Although we wondered about the timing, we never wondered about the rightness of removing Saddam from power. In particular, heated controversy surrounds knowledgeable terrorists or terror-using insurgents captured operating in warzones, who are by definition not only unlawful combatants under the laws of war but also war criminals guilty of committing indiscriminate acts of terror and mass-murder, and who possess extensive knowledge of terrorist members, organisation, and plots for future attacks that if obtained might save the lives of countless other human beings, including many innocent civilians. Humane treatment | How does law protect in war? - Online casebook The Lieber Code (General Orders No. Terrorism and The International Law of War Cornell Law School Legal Information Institute.Henry Dunant Biographical. The doctrine of universal jurisdiction is based on the notion that some crimes, such as genocide, crimes against humanity,torture, and war crimes, areso exceptionally gravethat they affect the fundamental interests of the international community as a whole. No one size fits all legal approach to terrorism, particularly as to the judicial nature of the situation and the classification of suspected terrorists, is, or has proved to be, feasible in practice., With regard to the highly controversial Iraq War, the U.S. Marine Corps former Deputy Commander of U.S. CENTCOM, Lieutenant General (LTGEN) Michael DeLong, stated in 2007 that: Although we wondered about the timing, we never wondered about the rightness of removing Saddam from power.
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