International Humanitarian and Human Rights Law

8/8/2019 International Humanitarian and Human Rights Law

1/68

HUMANITARIAN LAW

1KDR/RGSOIPL/2008


2/68

HISTORY

First there were unwritten rules based on customs that regulated

armed conflicts.

Then bilateral treaties (cartels) drafted in varying degrees of detailgradually came into force.

The belligerents sometimes ratified them after the fighting was

over.

There were also regulations which States issued to their troops.

The rules also varied depending on the period, place, morals and

civilization.

KDR/RGSOIPL/2008

2


3/68

HISTORY

Developed in the middle of the 19th century.

1864 Henry Dunant, work on the subject and adoption of the

Geneva Convention for the Amelioration of the Condition of theWounded in Armies in the Field.

1868 - Declaration of St.Petersburg prohibited the use of small

explosive or incendiary projectiles.

1899 1907 Hague Conferences

KDR/RGSOIPL/2008

3


4/68

FIRST CONVENTION

The Swiss government, at the prompting of the five founding members of theICRC, convened the 1864 Diplomatic Conference, which was attended by 16States who adopted the Geneva Convention for the amelioration of thecondition of the wounded in armies in the field.

The 1864 Geneva Convention laid the foundations for contemporaryhumanitarian law. It was chiefly characterized by:

standing written rules of universal scope to protect the victims of conflicts;

its multilateral nature, open to all States;

the obligation to extend care without discrimination to wounded and sickmilitary personnel;

respect for and marking of medical personnel, transports and equipmentusing an emblem (red cross on a white background).

KDR/RGSOIPL/2008

4


5/68

HUMANITARIAN LAW

International humanitarian law is a set of rules which seek, forhumanitarian reasons, to limit the effects of armed conflict.

It protects persons who are not or are no longer participating in the

hostilities and restricts the means and methods of warfare.

International humanitarian law is also known as the law of war or thelaw of armed conflict.

the law of Geneva, which is designed to safeguard military personnelwho are no longer taking part in the fighting and people not actively

involved in hostilities, i.e. civilians;

the law of The Hague (1907), which establishes the rights andobligations of belligerents in the conduct of military operations, andlimits the means of harming the enemy.

KDR/RGSOIPL/2008

5


6/68

ARMED CONFLICT

An international armed conflict means fighting between the armedforces of at least two States (it should be noted that wars of national

liberation have been classified as international armed conflicts.

A non-international armed conflict means fighting on the territory ofa State between the regular armed forces and identifiable armedgroups, or between armed groups fighting one another.

To be considered a non-international armed conflict, fighting mustreach a certain level of intensity and extend over a certain period of

time.

KDR/RGSOIPL/2008

6


7/68

KDR/RGSOIPL/2008

7


8/68

GENEVA CONVENTIONS FROM

1948

First Geneva Convention "for the Amelioration of the Condition of theWounded and Sick in Armed Forces in the Field"(first adopted in 1864,

last revision in 1949).

Second Geneva Convention "for the Amelioration of the Condition ofWounded, Sick and Shipwrecked Members of Armed Forces at Sea"(firstadopted in 1906).

Third Geneva Convention "relative to the Treatment of Prisoners of War"

(first adopted in 1929, last revision in 1949).

Fourth Geneva Convention "relative to the Protection of Civilian Personsin Time of War"(first adopted in 1949, based on parts of the 1907 HagueConvention IV).

KDR/RGSOIPL/2008

8


9/68

PROTOCOLS

In addition, there are three additional amendment protocols to the GenevaConventions:

Protocol I (1977): Protocol Additional to the Geneva Conventions of12August 1949, relating to the Protection ofVictims ofInternational ArmedConflicts. As of12 January 2007, it had been ratified by 167 countries.

Protocol II (1977): Protocol Additional to the Geneva Conventions of12August 1949, relating to the Protection ofVictims of Non-International ArmedConflicts. As of12 January 2007, it had been ratified by 163 countries.

Protocol III (2005): Protocol Additional to the Geneva Conventions of12August 1949, relating to the Adoption of an Additional Distinctive Emblem. Asof June 2007, it had been ratified by 17 countries and signed but not yetratified by an additional 68 countries.

KDR/RGSOIPL/2008

9


10/68

GENEVA CONVENTIONS

Modern International Humanitarian Law is made up of twohistorical streams: the law of The Hague referred to in the past as

the law of war proper and the law of Geneva or humanitarian law.

The two streams take their names from a number of internationalconferences which drew up treaties relating to war and conflict, inparticular the Hague Conventions of 1899 and 1907, and theGeneva Conventions, the first which was drawn up in 1863.

Both are branches of jus ad bellum (the law of use of force),international law regarding acceptable practices while engaged inwar and armed conflict.

KDR/RGSOIPL/2008

10


11/68

CONVENTIONS

The Geneva Conventions are the result of a process thatdeveloped in a number of stages between 1864 and 1949 which

focused on the protection of civilians and those who can nolonger fight in an armed conflict.

As a result of World War II, all four conventions were revisedbased on previous revisions and partly on some of the 1907Hague Conventions and readopted by the international

community in 1949.

Later conferences have added provisions prohibiting certainmethods of warfare and addressing issues of civil wars.

KDR/RGSOIPL/2008

11


12/68

BASIC RULES

combatants and those not taking part in hostilities shall beprotected and treated humanely.

It is forbidden to kill or injure an enemy who surrenders or who ishors de combat.

The wounded and sick shall be cared for and protected by theparty to the conflict which has them in its power.

Captured combatants and civilians must be protected against actsof violence and reprisals.

They shall have the right to correspond with their families and toreceive relief.

KDR/RGSOIPL/2008

12


13/68

BASIC RULES

No one shall be subjected to torture, corporal punishment

or cruel or degrading treatment.

Parties to a conflict and members of their armed forces donot have an unlimited choice of methods and means of

warfare.

Parties to a conflict shall at all times distinguish between the

civilian population and combatants.

Attacks shall be directed solely against military objectives

KDR/RGSOIPL/2008

13


14/68

REDCROSS

Well-known examples of such rules include the prohibition on

attacking doctors or ambulances displaying a Red Cross. It is also

prohibited to fire at a person or vehicle bearing a white flag, sincethat indicates an intent to surrender or a desire to communicate.

In either case, the persons protected by the Red Cross or white flag

are expected to maintain neutrality, and may not engage in warlike

acts; in fact, engaging in war activities under a white flag or redcross is itself a violation of the laws of war.

KDR/RGSOIPL/2008

14


15/68

FUNDAMENTAL PRINCIPLES

In 1899, FyodorMartens laid down that civilians and combatants

remain under the protection and authority of the principles of

international law derived from established custom,

Rousseau andMartens established principles of humanity, only

legitimate object which States should endeavour to accomplish

during war is to weaken the military forces of the enemy;

The Additional Protocols of 1977 reaffirmed and elaborated on

these principles.

KDR/RGSOIPL/2008

15


16/68

IMPLEMENTATION

Only States may become party to international treaties, and thus to theGeneva Conventions and their Additional Protocols.

However, all parties to an armed conflict whether States or non-Stateactors are bound by international humanitarian law.

At the end of 2003, almost all the world's States - 191, - were party to theGeneva Conventions.

The fact that the treaties are among those accepted by the greatest

number of countries testifies to their universality.

In the case of the Additional Protocols, 161 States were party to Protocol Iand 156 to Protocol II by the same date.

KDR/RGSOIPL/2008

16


17/68

GENEVA CONVENTIONS

1949 protection of war victims

Cover the wounded and sick in land warfare;

The wounded, sick and shipwrecked in warfare at sea;

Prisoners of war and civilians.

It applicable to all declared war or any other armed conflict.

Use of violence against person is strictly prohibited.

Torture or biological experimentation is prohibited.

Not to left without medical assistance.

KDR/RGSOIPL/2008

17


18/68

SECOND GENEVA

CONVENTION

Condition of Wounded Sick and ShipwreckedMembers of Armed

Forces at Sea

Same principles applied in sea also.

1977 - Protocols

KDR/RGSOIPL/2008

18


19/68

THIRD GENEVA CONVENTION

1949

Prisoners of war.

Armed personnel of army

Other militias

Conditions:

1. to be commanded by a person who is responsible for his subordinates

2. to be a distinctive emblem recognizable from a distance.

3. Arms carried openly

4. operations in accordance with customs of war

KDR/RGSOIPL/2008

19


20/68

PRISONERS OF WAR

Organised resistance groups or movements

All organised armed units under an effective command structure.

A person who takes part in hostilities and falls into the power of

an adverse party shall be presumed to be a prisoner of war and

therefore shall be protected by the Third Convention.

KDR/RGSOIPL/2008

20


21/68

TREATMENT OF PRISONERS

OF WAR

Humanely treated and protected.

Showing in TV or confessing to the crime or criticizing their owngovernment must be regarded as a breach of the Convention.

Reprisals against prisoners of war are prohibited.

A.17 no physical or mental torture

A.23 to be shifted to safe area.

Medical treatment, religious activities, contact with the exterior.

Only applicable to international armed conflict.

KDR/RGSOIPL/2008

21


22/68

4TH GENEVA CONVENTION

Protection of civilians in time of war.

A.50(1) of Protocol I 1977 a civilian is defined as any person not acombatant.

Protection from torture, inhuman treatment, hostage taking and reprisals.

Applies to declared war or any other armed conflict.

A.49 prohibits mass forcible transfers

A.52 civil objects are not to be the object of attack or of reprisals.

A.70 protected persons shall not be arrested.

All Geneva principles are intransgressible principles of international law.

Legality of the Threat or use of Nuclear Weapons case, ICJ, 1996.

KDR/RGSOIPL/2008

22


23/68

INTERNATIONAL CONFLICTS

Humanitarian law is intended principally for the parties to the conflict andprotects every individual or category of individuals not or no longer activelyinvolved in the conflict, i.e.:

wounded or sick military personnel in land warfare, and members of the

armed forces' medical services;

wounded, sick or shipwrecked military personnel in naval warfare, andmembers of the naval forces' medical services;

prisoners of war;

the civilian population, for example:

foreign civilians on the territory of parties to the conflict, including refugees;

civilians in occupied territories;

civilian detainees and internees;

medical and religious personnel or civil defence units.

KDR/RGSOIPL/2008

23


24/68

NON-INTERNATIONAL ARMED CONFLICTS

Humanitarian law is intended for the armed forces, whether regular or not,taking part in the conflict, and protects every individual or category ofindividuals not or no longer actively involved in the hostilities, for example:wounded or sick fighters;

people deprived of their freedom as a result of the conflict;

the civilian population;

medical and religious personnel.

International humanitarian law does not apply to situations of violence notamounting in intensity to an armed conflict.

Cases of this type are governed by the provisions of human rights law andsuch measures of domestic legislation as may be invoked.

KDR/RGSOIPL/2008

24


25/68

NON INTERNATIONAL

Tadic case ICJ - individual responsibility on crime againsthumanity.

The Appeal Chamber of the International Tribunal on War Crimesin Former Yugoslavia refused to accept a narrow interpretationof geographical and temporal definition of armed conflictswhether international or internal.

Armed force between governmental authorities and organisedarmed groups.

Nicaragua case control over the activity is necessary for theresponsibility.

KDR/RGSOIPL/2008

25


26/68

USE OF WEAPONS

A.35 of Additional Protocol I it is prohibited to employ arms,projectiles and material and methods of warfare of a nature to causesuperfluous injury or unnecessary sufferings.

Customary law 1899 Hague declarations 2 (Asphyxiating Gases)

Geneva Gas Protocol - 1925 prohibits use of poisonous or other gases.

Hague declarations 3 (Expanding bullets dum-dum bullets)

ProtocolIV

on Laser weapons 1995

Landmines convention 1997.

Reprisal must not target civilians or be disproportionate.

KDR/RGSOIPL/2008

26


27/68

NUCLEAR WEAPONS

No treaty specifically prohibits the use of nuclear weapons but

IHL equally applies to nuclear weapon use.

Nuclear Weapons (advisory opinion) 1996.

Biological Weapon convention 1972

Chemical Weapons Convention 1993.

KDR/RGSOIPL/2008

27


28/68

HUMAN RIGHTS LAW

KDR/RGSOIPL/2008 28


29/68

HUMANITARIAN LAW

HUMAN RIGHTS LAW

International humanitarian law and international human rights law (hereafterreferred to as human rights) are complementary.

Both strive to protect the lives, health and dignity of individuals, albeit from adifferent angle.

Humanitarian law applies in situations of armed conflict whereas humanrights, or at least some of them, protect the individual at all times, in war andpeace alike.

However, some human rights treaties permit governments to derogate fromcertain rights in situations of public emergency.

No derogations are permitted under IHL because it was conceived foremergency situations, namely armed conflict.

KDR/RGSOIPL/2008

29


30/68

HUMAN RIGHTS

HUMANITARIAN LAWS

Humanitarian law aims to protect people who do not or are no longer

taking part in hostilities.

The rules embodied in IHL impose duties on all parties to a conflict.

Human rights, being tailored primarily for peacetime, apply to everyone.

Their principal goal is to protect individuals from arbitrary behaviour by

their own governments.

Human rights law does not deal with the conduct of hostilities.

KDR/RGSOIPL/2008

30


31/68

HUMAN RIGHTS INSTRUMENTS

Universal instruments

the Universal Declaration of Human Rights, adopted by the UN General

Assembly in 1948

the Convention on the Prevention and Punishment of the Crime of Genocide of1948

the International Covenant on Civil and Political Rights of 1966

the Convention on the Elimination of All Forms ofDiscrimination against

Women of 1981

the Convention against Torture and Other Cruel, Inhuman, or DegradingTreatment or Punishment of 1984

Convention on the Rights of the Child of 1989

KDR/RGSOIPL/2008

31


32/68

HUMAN RIGHTS INSTRUMENTS

Regional instruments

the European Convention on Human Rights of 1950

the American Convention on Human Rights of 1969

the African Charter of Human and Peoples Rights of 1981

KDR/RGSOIPL/2008

32


33/68

UDHR, 1948

The United Nations Charter "reaffirmed faith in fundamental humanrights, and dignity and worth of the human person" and committed allmember states to promote "universal respect for, and observance of,human rights and fundamental freedoms for all without distinction as torace, sex, language, or religion (A.56).

TheDeclaration arose directly from the experience of the Second WorldWar and represents the first global expression of rights to which allhuman beings are inherently entitled.

It consists of 30 articles which have been elaborated in subsequentinternational treaties, regional human rights instruments, nationalconstitutions and laws.

KDR/RGSOIPL/2008

33


34/68

PREAMBLE

freedom of speech and belief,

and freedom from fear and want have been "proclaimed as the highest

aspiration" of the people.

The third paragraph states that so that people are not compelled to

rebellion against tyranny, human rights should be protected by rule of law.

The fourth paragraph relates human rights to the development of friendly

relations between nations. The fifth paragraph links the Declaration back

to the United Nations Charter which reaffirms faith in fundamental human

rights and dignity and worth of the human person.

KDR/RGSOIPL/2008

34


35/68

PREAMBLE

The sixth paragraph notes that all members of the UnitedNations have pledged themselves to achieve, in cooperation

with the United Nations, the promotion of universal respectfor and observance of human rights and fundamentalfreedoms.

The seventh paragraph observes that "a commonunderstanding" of rights and freedoms is of "the greatest

importance" for the full realization of that pledge.

10 December and is known as Human Rights Day orInternational Human Rights Day.

KDR/RGSOIPL/2008

35


36/68

ORIGIN

Magna Carta 1215.

It explicitly protected certain rights of the King's subjects,

whether free or fettered most notably the writ ofhabeas

corpus, allowing appeal against unlawful imprisonment.

1689 - The Bill of Rights of the United Kingdom is largely a

statement of certain rights to which citizens and permanent

residents of a constitutional monarchy were thought to be

entitled in the late 17th century, asserting subjects' right to

petition the monarch, as well as to bear arms in defence.

KDR/RGSOIPL/2008

36


37/68

PRINCIPLES

1948 United Nations Universal Declaration of Human Rights(UDHR) identifies human rights as being held by all people

equally, universally, and forever.

Those rights are interdependent, inalienable and indivisible.

Interdependence, for example, means that an individual's rightto free expression and to participation in government is directly

affected by rights to the physical necessities of life, to education,to free association and non-interference by police or otheragencies.

KDR/RGSOIPL/2008

37


38/68

PRINCIPLES

Inalienability means that those rights are innate: a person cannot

lose those rights and cannot be denied a right because it is "less

important" or "non-essential."Article 29: duties -

In the exercise of his rights and freedoms, everyone shall be

subject only to such limitations as are determined by law solely for

the purpose of securing due recognition and respect for the rightsand freedoms of others and of meeting the just requirements of

morality, public order and the general welfare in a democratic

society.

KDR/RGSOIPL/2008

38


39/68

CIVIL, POLITICAL AND

OTHER RIGHTS

civil and political rights

economic, social and cultural rights

although distinctions are often unclear and particular rights might

appear in either class.

KDR/RGSOIPL/2008

39


40/68

EQUITY

All human beings are born free and equal in dignity and rights. They areendowed with reason and conscience and should act towards oneanother in a spirit of brotherhood.

with entitlement to rights and freedoms

without distinction of any kind, such as race, colour, sex, language,religion, political or other opinion, national or social origin, property,birth or other status

and without distinction on the basis of the political, jurisdictional orinternational status of the country or territory to which a personbelongs.

KDR/RGSOIPL/2008

40


41/68

EQUITY

Articles 7 and 8 of the UDHR declare that

All are equal before the law and are entitled without anydiscrimination to equal protection of the law. All are entitled to

equal protection against any discrimination in violation of this

Declaration and against any incitement to such discrimination.

Everyone has the right to an effective remedy by the competentnational tribunals for acts violating the fundamental rights

granted by the constitution or by law.

KDR/RGSOIPL/2008

41


42/68

EQUITY

The emphasis on equity means it is unsurprising that Article 16 of

the UDHR states that

Men and women of full age, without any limitation due to race,

nationality or religion, have the right to marry and to found a

family. They are entitled to equal rights as to marriage, during

marriage and at its dissolution.

KDR/RGSOIPL/2008

42


43/68

SOCIAL SECURITY

The UDHR indicates that everyone, as a member of society, has the

right to social security and

is entitled to realization, through national effort and international

co-operation and in accordance with the organization and resources

of each State, of the economic, social and cultural rights

indispensable for his dignity and the free development of his

personality.

KDR/RGSOIPL/2008

43


44/68

LIBERTY

The UDHR indicates that everyone has the right to "life, liberty

and security of person", with explicit prohibition of slavery. Article

5 indicates that no one shall "be subjected to torture or to cruel,

inhuman or degrading treatment or punishment",

KDR/RGSOIPL/2008

44


45/68

PRIVACY

most traditionally in the form of non-interference - is a salient human right.Article 12 of the UDHR for example states that:

No one shall be subjected to arbitrary interference with his privacy, family,home or correspondence, nor to attacks upon his honour and reputation.Everyone has the right to the protection of the law against such interferenceor attacks.

UDHR Article 13 stating that everyone has a right to freedom of movementand residence within the borders of each state, along with the right to leaveany country, including his own, and to return to his country.

Article 15 should not be arbitrarily deprived of nationality nor denied theright to change nationality. Everyone has the right to seek and, morecontentiously, to enjoy in other countries asylum from persecution.

KDR/RGSOIPL/2008

45


46/68

THOUGHT AND EXPRESSION

Article 18 indicates that:

Everyone has the right to freedom of thought, conscience andreligion; this right includes freedom to change his religion or belief,and freedom, either alone or in community with others and inpublic or private, to manifest his religion or belief in teaching,practice, worship and observance.

Article 19 of the right to freedom of opinion and expression; thisright includes freedom to hold opinions without interference andto seek, receive and impart information and ideas through anymedia and regardless of frontiers.

KDR/RGSOIPL/2008

46

PARTICIPATION AND


47/68

PARTICIPATION AND

ASSOCIATION

The UDHR indicates that all have a right to freedom of peaceful assemblyand association; no one may be compelled to belong to an association.

Under Article 21 everyone has the right to

take part in the government of his country, directly or through freelychosen representatives

equal access to public service in his country.

The UDHR seeks expression of the will of the people as the basis ofgovernment authority through "periodic and genuine elections" on thebasis of universal and equal suffrage. That aspiration has not, alas, beenmet in roughly half the world.

KDR/RGSOIPL/2008

47


48/68

LIVELIHOOD

Consistent with aspirations to realisation of "economic, social and

cultural rights" the UDHR indicates that everyone has the right to

work, to free choice of employment, to just and favourable

conditions of work and to protection against unemployment.

equal pay for equal work

form and to join trade unions for the protection of his interests

rest and leisure, including reasonable limitation of working hours

and periodic holidays with pay

KDR/RGSOIPL/2008

48


49/68

LIVELIHOOD

everyone who works has the right to just and favourable

remuneration ensuring for that individual and family "an existence

worthy of human dignity". That remuneration should be"supplemented, if necessary, by other means of social protection",

everyone has the right to a standard of living adequate for the

health and well-being of himself and of his family, including food,

clothing, housing and medical care and necessary social services,and the right to security in the event of unemployment, sickness,

disability, widowhood, old age or other lack of livelihood in

circumstances beyond his control.

KDR/RGSOIPL/2008

49

EDUCATION CULTURE


50/68

EDUCATION, CULTURE,

CREATIVITY

Article 26 of the UDHR identifies a salient right to education,

"directed to the full development of the human personality".

KDR/RGSOIPL/2008

50

INTERNATIONAL COVENANT


51/68

INTERNATIONAL COVENANT

ON CIVIL AND POLITICAL

RIGHTS, 1976

The International Covenant on Civil and Political Rights (ICCPR

) is a United Nations treaty based on the Universal Declaration

of Human Rights, created in 1966 and entered into force on 23March 1976. Nations that have signed this treaty are bound by

it.

The International Covenant on Civil and Political Rights is

monitored by the Human Rights Committee , elected bymember states,

KDR/RGSOIPL/2008

51


52/68

CONVENTION PROVISIONS

Five categories

Protection on individual's physical integrity (against things such as execution, torture, and arbitraryarrest).

Procedural fairness in law (rule of law, rights upon arrest, trial, basic conditions must be met whenimprisoned, rights to a lawyer, impartial process in trial).

Protection based on gender, religious, racial or other forms of discrimination.

Individual freedom of belief, speech, association, freedom of press, right to hold assembly.

Right to political participation (organise a political party, vote, voice contempt for current politicalauthority).

Two optional protocols

Mechanism by which individuals can launch complaints against member states.

Abolition of the death penalty.

KDR/RGSOIPL/2008

52


53/68

TERRORISM

KDR/RGSOIPL/2008 53


54/68

TERRORISM

Terrorist acts may occur during armed conflicts or in time of peace.

As international humanitarian law applies only in situations of

armed conflict, it does not regulate terrorist acts committed in

peacetime.

In addition to an express prohibition of all acts aimed at spreading

terror among the civilian population (Art. 51, para. 2, Protocol I;

and Art. 13, para. 2, Protocol II).

KDR/RGSOIPL/2008

54


55/68

TERRORISM

attacks on civilians and civilian objects (Arts. 51, para. 2, and 52, ProtocolI; and Art. 13, Protocol II);

indiscriminate attacks (Art. 51, para. 4, Protocol I);

attacks on places of worship (Art. 53, Protocol I; and Art. 16, Protocol II);

attacks on works and installations containing dangerous forces (Art. 56,Protocol I; and Art. 15, Protocol II);

the taking of hostages (Art. 75, ProtocolI

; Art. 3 common to the fourConventions; and Art. 4, para. 2b, Protocol II);

murder of persons not or no longer taking part in hostilities (Art. 75,Protocol I; Art. 3 common to the four Conventions; and Art. 4, para. 2a,Protocol II).

KDR/RGSOIPL/2008

55


56/68

TERRORISM

Crimes Against Humanity It has been argued that the fact that the

typical terrorist attack is not generally a widespread or systematic

attack probably means that many acts of terrorism would not be

found to qualify as a crime against humanity, even though aterrorist act often involves murder or other attack directed against

a civilian population.

Even if it does , there is some difficulty pinpointing at which stage

it becomes widespread enough to constitute such a crime.

KDR/RGSOIPL/2008

56


57/68

WAR ON TERROR

1937 League of Nations Convention on the Prevention and

Punishment of Terrorism.

Never entered into force due to World War.

KDR/RGSOIPL/2008

57


58/68

GENOCIDE

Genocide Terrorist acts encompass many of the same elements

that the Rome Statute proscribes under its definition of

Genocide, such as killing or causing serious bodily or mental harmto members of a specific group of people.

KDR/RGSOIPL/2008

58


59/68

WAR CRIMES

War Crimes War crimes can involve various different acts. However

there must an Armed Conflict of an International Character or non-

international Character

armed conflicts not of an international character does not include

situations of internal disturbances and tensions, such as riots, isolated

and sporadic acts of violence or other acts of a similar nature.

I

ntentionally directing attacks against the civilian population/individualcivilians/civilian objects/personnel installations etc involved in

humanitarian assistance. [See ICC statute Article 5].

KDR/RGSOIPL/2008

59


60/68

PROSECUTOR V. GALIC (CASE NO. IT-

98-29-T) (DECEMBER 5, 2003)

where General Galic was convicted ofViolations of the Laws or

Customs of War (acts of violence the primary purpose of which is

to spread terror among the civilian population, as set forth inArticle 51 of Additional Protocol I to the Geneva Conventions of

1949) under Article 3 of the Statute of the Tribunal.

The conviction was connected with conducting a campaign of

sniping and shelling attacks on the civilian population of Sarajevo,

causing death and injury to civilians, with the primary purpose of

spreading terror among the civilian population between

September 1992 and August 1994.

KDR/RGSOIPL/2008

60


61/68

JURISDICTION

(a) War Crimes there must be an international or non-

international conflict

(b) Crimes against Humanity/Genocide involve questions of scale

and

magnitude, systemisation, and organisation which might not

catch manifestation of modern international terrorism

(c) These crimes have not been designed to catch global

terrorism in the form in which it may more routinely manifest

itself.

KDR/RGSOIPL/2008

61


62/68

INTERNATIONAL CRIME

The behaviour must be universally recognised as/agreed to be

criminal;

- The behaviour must be recognised as/agreed to be a

(a) grave/serious matter/crime

(b) be a crime of international concern;

KDR/RGSOIPL/2008

62


63/68

INTERNATIONAL CRIME

KDR/RGSOIPL/2008

63


64/68

KDR/RGSOIPL/2008

64


65/68

KDR/RGSOIPL/2008

65


66/68

NUCLEAR TERRORISM

CONVENTION, 2005

Nuclear Terrorism..\ICC\financing concention - 1999.pdfConvention:International Convention for the Suppression of Acts ofNuclearTerrorism, 2005.

The Nuclear Terrorism Convention calls for states to developappropriate legal frameworks criminalizing nuclear terrorism-relatedoffenses, investigate alleged offenses, and, as appropriate, arrest,prosecute, or extradite offenders.

It also calls for international cooperation with nuclear terrorism

investigations and prosecutions, through information-sharing,extradition and the transfer of detainees to assist with foreigninvestigations and prosecutions.

KDR/RGSOIPL/2008

66

N


67/68

NUCLEAR TERRORISM

CONVENTION, 2005

While its initial Russian draft was proposed in 1997, the Nuclear

Terrorism Convention is the first anti-terrorism convention

adopted since the attacks of Sept. 11, 2001.

The treaty opens for signature Sept. 14, 2005 and enters into

force thirty days after it is signed and ratified by at least 22

states.

KDR/RGSOIPL/2008

67


68/68

THANK YOU68

Documents

International Humanitarian and Human Rights Law