I'll also focus on Department of Defense policies with respect to the law of war and the current conflict with Iraq and Iraqi violations of the law of war. Law of War (Abridged) Flashcards | Quizlet While the 1949 Geneva Conventions have been universally ratified, the Additional Protocols have not. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Specifically, it required POWs to give only their names, ranks, and serial numbers to their captors. [34] Modified image taken from M. Petrou, The decline of al-Qaeda, Macleans, 9 September 2011, https://www.macleans.ca/news/world/the-decline-of-al-qaeda/, (accessed 1 May 2019). 83 and 128). Family homes in Serbian towns and villages in Kosovo Province were set on fire or destroyed by violent Albanian rioters during the Kosovo Riots of 17-19 March 2004.[3]. 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. This is the original sense of applicability, which predates the 1949 version. Specifically, it required POWs to give only their names, ranks,and serial numbers to their captors. According to the American Red Cross, the new articles also added provisions to protect: Article 9 of the Convention specified the Red Cross has the right to assist the wounded and sick and provide humanitarian aid. 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. Humane treatment includes: (Military Persons Exempt From Attack, pg. As the ultimate defenders of your State andits laws it is your DUTYto know the provisions of the law and to ensurethey are respected and obeyed. Russia-Ukraine War Russia's Top Diplomat Hints at a Prisoner Swap for [8], Internal security emergencies within a State, i.e. After World War I, it was clear the 1906 Convention and The Hague Convention of 1907 didnt go far enough. It calls on the parties to the conflict to bring all or parts of the Geneva Conventions into force through"special agreements.". Since there was no set treaty or law specifically outlining the obligations due to such detainees under the Geneva Conventions when captured by an opposing force, it appeared the problems arising from this new conflict exigency would be best guided by the customs of modern CIL notably, humane treatment consistent with the Geneva Conventions, but subject to military necessity, that of preventing additional, unlawful terrorist attacks against American citizens or those of its allies. This ruling meant that whereas formerly all captured terrorists and extremist insurgent detainees of the GWOT held by the U.S. had no legal rights and protections under the IAC Geneva Conventions, they were from that moment on guaranteed fundamentally humane treatment under the clear NIAC law of Common Article 3 in the 1949 Geneva Conventions (ratified by the U.S. whereas the Additional Protocols are not), which is also CIL. Within this resiliently-enduring Westphalian system, State and Non-State actors continue to form the basic building blocks of the international system today, and the fundamental parties and actions within a conflict can be identified even within very complex conflicts, meaning that categorisation of wars into International and Non-International armed conflict can still take place. The Law of War requires humane treatment for military personnel who are out of combat (hors de combat) due to capture by enemy forces. The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but only if the opposing nation "accepts and applies the provisions" of the Conventions. It ensureshumane treatment without discriminationfounded on race, color, sex, religion or faith, birth or wealth, etc. Adherence to the sanctions also gradually weakened as a number of governments France, Russia, Germany, and China, among others angled for oil contracts and other business opportunities with the Iraqis. This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the United States' practice for determining their . regular wars. However, CIL also asserts simultaneously that persons held in custody who are either unable or unlikely to take part in hostilities upon their release from custody by reason of illness, or gravely diminished mental or physical health should be released and directly repatriated as soon as possible (ICRC Customary IHL Rule 99, in NZDF LOAC Manual Chapter 15, ibid., pp. Nations party to the Convention may not use torture to extract information from POWs. The Geneva Conventions providefor universal jurisdiction, as opposed to a more traditional (and limited) territorial jurisdictionthat was designed torespect thesovereignty of States over their citizens. Non-International armed conflict, by contrast, is the classification given to all forms of armed conflict that do not conform to, and are hence not covered by, the definition of International armed conflict provided above. By 2003, most governments and intelligence services had concluded that Saddam had been successful in resuming his weapons programs. [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. [39] C. Weller, Startling maps show every terrorist attack worldwide over the last 20 years, Business Insider, 1 November 2017, https://www.businessinsider.com/global-terrorist-attacks-past-20-years-in-maps-2017-5?r=US&IR=T, (accessed 1 May 2019). In short, as terrorists or terror-using insurgents in conflict theatres i.e. Other emblems were later recognized, and the Geneva Conventions of 1949, the main topic of this article, confirmed them all. Following the 9/11 terrorist attacks against New York and Washington D.C. in the United States in September 2001, America and its coalition of allies went to war against the Al Qaeda terrorist network that had planned and carried out those attacks, and also those States who either hosted and gave refuge to, or materially supported, the terrorist networks leaders and members. Afghanistan and Iraq: Two conflict theatres in the Global War on Terrorism (GWOT). This question remains an extremely serious and crucial conundrum in the modern era of warfare and terrorism today. no Assess the progress that the U.S. and its allies were making against the Al Qaeda terrorist network, and other terrorist groups, by means of the Global War on Terrorism (GWOT). During the early 2000s the Bush Administration sincerely believed and asserted,with full support and confirmation from the Pentagon, the Department of Justice and the CIA, that the U.S. government was in fact giving fundamentally humane treatment to the terrorist detainees at Guantanamo prison according to the laws of war, by making no adverse distinction based on race, colour, religion, gender, birth, wealth or other criteria, and by providing for all the detainees physical, spiritual and medical needs (food, water, shelter, clothing, freedom of worship, and medical treatment). I would have preferred that we get the information another way. Indeed, according to the Administration, even the enhanced interrogation techniques including waterboarding were lawful under both the Constitution and U.S. law, did not constitute torture, and were not in themselves inhumane. Prior to 2006, the full list of some 17 enhanced interrogation techniques (lawful sanctions) to be used on the terrorist detainees at Guantanamo only in situations of military necessity had been studied under the light of the U.S. Constitution and American LOAC obligations, and then approved and legally authorized by the U.S. Congress, meaning that the interrogation procedures were in fact being used lawfully by interrogators at Guantanamo. American Red Cross.The Battle of Solferino. In Rwanda in 1994 and Bosnia in 1995, UNAMIR and UNPROFOR national contingent forces failed in their preeminent mandated duty to act in a robust military fashion to protect the lives of thousands of non-combatant civilians, sheltering in UN safe areas under their command, from the hostile intent and hostile lethal force actions of Enemy forces towards the local civilian population. Types vary greatly andinclude traditional civil wars or internal armed conflicts that spill over into other States, as well as internal conflicts in which third-party States or multinational forces intervene alongside the government. After all, the State government regimes in Afghanistan and Iraq were indeed both clearly and successfully removed through warfare by a coalition of other States, and while the conflict evolved over time in both theatres to include multiple, non-State, regional insurgencies of extremist fighters waging war against both allied coalition forces and the new government apparatus of these States, the original coalition of States remained heavily involved in the prosecution of these wars towards the original goals of eliminating hostile Al Qaeda and other terrorist networks in these States and preventing any reestablishment of the terrorist networks in these States that would again present a direct threat to America and other freedom-loving, democratic nations around the world. Common Article 3 of the Geneva Conventions and U.S. Detainee Policy Source. In October 1863, delegates from 16 countries along with military medical personnel traveled to Geneva to discuss the terms of a wartime humanitarian agreement. Law of war - Limits on the methods and means of war Sorry, your blog cannot share posts by email. This paper also sets out international law requirements governing prisoners of war and so-called "unlawful combatants," including humane treatment, interrogation and prosecution. [10], Non-International armed conflicts typically involve civil wars in which: (a) the government of a State is using its regular armed forces to fight against one or more identifiable, dissident armed groups operating within the territory of the State; or (b) armed and hostile fighting is taking place between dissident, rival armed groups within a State, that does not involve the government, but nevertheless requires the government to act to restore security and stability to the State.[11]. Article 3 of the Geneva Conventions covered, for the first time, situations of non-international armed conflicts. [6], International armed conflict is thus defined in the 1949 Geneva Conventions as a conflict occurring between two or more States and to all cases in which partial or total occupation of a States sovereign territory occurs. The four conventions, as most recently revised and expanded in 1949, comprise a system of safeguards that attempt to regulate the ways wars are fought and to provide protections for individuals. This manual is a Department of Defense (DoD)-wide resource for DoD personnel - including commanders, legal practitioners, and other military and civilian personnel - on the law of war. c. In accordance with DoDD 2311.01, all persons subject to this issuance will report International Committee of the Red Cross.Geneva Conventions. The Law of War establishes: - Weegy In fact, it is the duty of any serviceman or servicewoman to disobey superior orders, if those orders are manifestly unlawful under LOAC (i.e. [21], Common Article 3: The article common to all four of the Geneva Conventions of 1949, which is also an accepted and established customary norm of CIL, requiring that all persons that are not taking an active part in hostilities within a Non-International intra-State armed conflict be treated humanely in all circumstances, regardless of race, colour, religion, sex, birth, wealth or any other similar criteria. Afghanistan et al.). Some of these LOAC obligations have been so universally ratified and accepted as customary norms worldwide over the last century, that they have become extremely powerful and are now internationally regarded as binding on all military and non-military combatant forces, in all places, and at all times, during all the stages of conflict that exist on the scale between peace and war. During the course of this three-day rampage, the vast majority of KFOR military forces stood aside and took very little action to protect the lives of targeted civilian locals from the rioters, nor to prevent entire villages and city apartment blocks of homes from being set on fire, nor to safeguard significant objects of Serbian cultural heritage and worship from destruction including ancient churches and even cemeteries from perverse desecration and destruction during the riots. Another technique was waterboarding, a process of simulated drowning. Experts in the intelligence community told me that without the CIA program, there would have been another attack on the United States.. 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). It requires that the wounded, sick and shipwrecked be collected and cared for. 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. USA, Al-Shimari v. CACI Premier Technology, Inc. Central African Republic, Report of the UN Independent Expert, July 2016, Iraq: Situation of Internally Displaced Persons, Syria, Report by UN Commission of Inquiry (March 2017), Israel/Palestine, Accountability for the Use of Lethal Force, UN/Colombia, Human Rights Committee Clarifications and Concluding Observations (2016), International Criminal Court, Trial Judgment in the Case of the Prosecutor V. Jean-Pierre Bemba Gombo, Eastern Ukraine, OHCHR Report on the Situation: November 2016 - February 2017, South Sudan, AU Commission of Inquiry on South Sudan, Treaties, States Parties and Commentaries, Medical personnel, facilities and transports, General Statements on International Humanitarian Law, Chronology of Cases and Documents Relating to Past and Contemporary Conflicts. Robert Gates, the U.S. Secretary of Defense under both the Bush and Obama Administrations from 2006-2011, likewise supported the U.S.-led coalitions war to remove Saddam Husseins regime. 3 of 8) Protection against threats or acts of violence Protection against public curiosity This variation in interpretation is especially apparent with respect to, or in contrast to, practices of lawful interrogation in response to national security threats or during national security emergencies where the State is seeking to fulfil its primary responsibility and duty to protect the lives of its citizens. So I supported Bush 43s decision to invade and bring Saddam down. Cornell Law School Legal Information Institute.Henry Dunant Biographical. 169-171). Figure 12.5 Anti-Government Enemy Insurgents: Photos of Taliban & Neo-Taliban insurgents operating in Afghanistan between 2010-2014.[35]. futhermore, the animosities generated by terrorism make the postwar peace more difficult to preserve. Gates states the following in his memoir: None of us doubted in the early 1990s that, just as soon as he could, Saddam would resume the programs he had under way before the [Gulf] war to develop biological, chemical, and nuclear weapons. cit. Protocol II was the first-ever international treaty devoted exclusively to . Humane treatment includes: be treated with respect for their dignity as human beings. Law Of War Flashcards | Quizlet It also specifies the rights of internees (POWs) and saboteurs. The Swiss Government agreed to hold the Conventions in Geneva, and a few years later, a similar agreement to protect shipwrecked soldiers was produced. The negligence exhibited by many of these national military contingents during these international security campaigns, in neither acting to protect the lives of non-combatant civilians targeted by hostile combatant forces, nor acting in defence of civilian property and places of worship and cultural heritage targeted for destruction by hostile combatant forces, in fact constitute failures to uphold and enforce the very laws of war now known collectively as the Law of Armed Conflict (LOAC). It recognizes that the application of these rules does not affect the legal status of the parties to the conflict. The complexity of modern conflict today however with wars increasingly involving features of both International and Non-International conflict at the same time has presented some challenges to this clear-cut LOAC categorisation of war in recent times (e.g. 37,708,430 questions answered cit., p. 4. PDF Updated January 13, 2005 - Federation of American Scientists Regarding the Humane Treatment of al Qaeda and Taliban Detainees (February 7, 2002), . As Condi Rice would write years later, The fact is, we invaded Iraq because we believed we had run out of other options. In addition to nationally ratified laws of war (e.g. As a direct result of the CIAs use of the enhanced interrogation techniques on the terrorist detainees at Guantanamo, over the period of 5 years between 2001-2006, the United States is credited with having saved the lives of countless hundreds of innocent, non-combatant, American and foreign citizens from planned Al Qaeda terrorist attacks around the world. The requirement to accord humane treatment is recognized as a fundamental guarantee by both Additional Protocols I and II. [31] Paradoxically, the court also ruled simultaneously that these captured terrorists and terror-using insurgents be givena right normally given to civilians taking a direct part in hostilities during International armed conflict in Article 75 of Geneva Convention IV namely the right to challenge death sentences (a ruling later expanded to include the right to challenge basic detention in the Boumediene v. Bush case in 2008).[32]. 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. That was not true. CIL is considered binding on all states, regardless of whether or not the practices have been enshrined in international treaties or, if the practice is already within international legislation, whether all or a majority of States, have signed on to them. In Rwanda in 1994 and Bosnia in 1995, UNAMIR and UNPROFOR national contingent forces failed in their preeminent mandated duty to act in a robust military fashion to protect the lives of thousands of non-combatant civilians, sheltering in UN safe areas under their command, from the hostile intent and hostile lethal force actions of Enemy forces towards the local civilian population. Despite the U.S. Supreme Courts rulings in 2006 and 2008, however, strong arguments can and have still been made that the former inter-State, International armed conflict classification was, and is, the correct and rightful classification for these extremist and indiscriminately violent detainees captured during the GWOT. The 1906 Convention replaced the First Geneva Convention of 1864. . 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. [12] Customary International Humanitarian Law, The Magazine of the International Red Cross and Red Crescent Movement [Magazine], 2005, p. 2, http://www.redcross.int/EN/mag/magazine2005_2/24-25.htm (accessed 28 August 2008). CIL refers to practices in warfare that are so consistently upheld and adhered to by a majority of States on the world stage that they have become generally regarded as law. At the time, some were concerned we werent pushing hard enough. I had asked the most senior legal officers in the U.S. government to review the interrogation methods, and they had assured me they did not constitute torture. 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).

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