International Humanitarian Law (IHL) & Peacekeeping Forces (PKF)

Larry MaybeeDelegate to Armed & Security ForcesSouth East Asia and the Pacific

ICRC’s mandateICRC’s mandate (150 years of history): (150 years of history):

"The ICRC is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance.“

ICRC’s activities

Protection in armed conflict• protection of PW & detainees• protection of civilians• restoring family links

Assistance for victims of armed conflict• economic security (food, non-food, agriculture) • water and habitat• health services

Preventive action• to make IHL known• national measures of

implementation of IHL

Cooperation with the

RC/RC Movement

ICRC operates:ICRC operates:

• In close proximity to victims (access is critical)• In dialogue with all parties & armed groups • Confidentially & bilaterally – all parties• In accordance with the RC/RC principles of

Neutrality, Independence and Impartiality

Guardian & promoter of IHLGuardian & promoter of IHL

• “…to work for the faithful application of IHL applicable in armed conflicts and to take cognizance of any complaints based on alleged breaches of that law.”

• “…to work for the understanding and dissemination of knowledge of IHL applicable in armed conflicts and to prepare any development thereof.”

Statutes of the International Red Cross and Red Crescent Movement, art 5 (c) and (f)

THE APPLICATION OF IHL TO THE APPLICATION OF IHL TO

PEACEKEEPING FORCESPEACEKEEPING FORCES

United Nations Secretary-General’s Bulletin n°13 - 6 August 1999

Observance by United Nations Forces of International Humanitarian Law

UN Secretary General’s Bulletin 1999:UN Secretary General’s Bulletin 1999:

"The fundamental principles and rules of international humanitarian law set out in the present bulletin are applicable to United Nations forces when in situations of armed conflict they are actively engaged therein as combatants, to the extent and for the duration of their engagement. They are accordingly applicable in enforcement actions, or in peacekeeping operations when the use of force is permitted in self defence." (Section 1)

UN S-G Bulletin 1999/13

1. Field of application2. Application of national law3. Status of forces agreement4. Violations of International Humanitarian Law5. Protection of civilian population6. Means and methods of combat7. Treatment of civilians & persons hors de combat8. Treatment of detained persons9. Protection of the wounded, the sick, medical &

relief personnel10. Entry into force

IHL BASIC RULESIHL BASIC RULES

Military Necessity:Military Necessity:

It is permissible to use those measures not forbidden by international law which are necessary to secure the complete submission of the enemy as soon as possible with the least expenditure of personnel & resources.

Distinction:Distinction:

Rule :

Parties to a conflict shall at all times distinguish between :

the civilian population and combatantsmilitary objectives and civilian objects

Attacks shall be directed solely against combatants and military objectives.

Proportionality:Proportionality:

The collateral damage arising from military operations must not be excessive in relation to the direct and concrete military advantage anticipated from such operations.

Precautionary Measures:Precautionary Measures:

Rule :

During military operations, all feasible precautions must be taken to spare the civilian population and objects and protect them against the dangers resulting from the effects of hostilities.

Verify that objectives are legitimate military targets.

Avoid locating military objectives within or near the civilian population.

Indiscriminate attacks are prohibited…Indiscriminate attacks are prohibited…

(AP I Art 52(2))

CASE STUDIES: THE MATERIAL CASE STUDIES: THE MATERIAL

APPLICATION OF LOACAPPLICATION OF LOAC

DEMOCRATIC REPUBLIC OF CONGODEMOCRATIC REPUBLIC OF CONGO

(MONUSCO)(MONUSCO)

MONUSCO – UNSCR 1925 (2010)MONUSCO – UNSCR 1925 (2010)

“Support the efforts of the Government of the Democratic Republic of the Congo to bring the ongoing military operations against the FDLR, the Lord’s Resistance Army (LRA) and other armed groups, to a completion, in compliance with international humanitarian, human rights and refugee law and the need to protect civilians, including through the support of the FARDC in jointly planned operations, as set out in paragraphs 21, 22, 23 and 32 of resolution 1906 (2009);”

MONUSCO – UNSCR 2147 (2014)MONUSCO – UNSCR 2147 (2014)

“(b) Neutralizing armed groups through the Intervention brigade

In support of the authorities of the DRC… carry out targeted offensive operations through the Intervention Brigade, either unilaterally or jointly with the FARDC, in a robust, highly mobile and versatile manner in strict compliance with international law, including international humanitarian law… prevent the expansion of all armed groups, neutralize these groups, and disarm them in order to contribute to the objective of reducing the threat posed by armed groups to state authority and civilian security in eastern DRC and to make space for stabilization activities;”

CENTRAL AFRICAN REPUBLIC (CAR)CENTRAL AFRICAN REPUBLIC (CAR)

(MINUSCA)(MINUSCA)

MINUSCA – UNSCR 2149 (2014)MINUSCA – UNSCR 2149 (2014)

“(a) Protection of civilians

(i) To protect, without prejudice to the primary responsibility of the Central African Republic authorities, the civilian population from threat of physical violence, within its capabilities and areas of deployment, including through active patrolling;”

THANK YOU – ANY QUESTIONS?THANK YOU – ANY QUESTIONS?

(WWW.ICRC.ORG)(WWW.ICRC.ORG)

THE IVORY COAST – COTE D’IVOIRETHE IVORY COAST – COTE D’IVOIRE

(UNOCI)(UNOCI)

UNOCI – UNSCR 1739 (2007)UNOCI – UNSCR 1739 (2007)

Support for the organization of open, free, fair and transparent elections- To provide all necessary technical assistance to the Prime Minister, his Government, the Independent Electoral Commission and other relevan agencies or institutes, with the support of the African Union, ECOWAS and other international partners, for the organization of open, free, fair and transparent elections, presidential and legislative, by 31 October 2007 at the latest, as referred to in resolution 1721 (2006),

UNOCI – UNSCR 1975 (2011)UNOCI – UNSCR 1975 (2011)

Recalls its authorization and stresses its full support given to the UNOCI ,while impartially implementing its mandate, to use all necessary means to carry out its mandate to protect civilians under imminent threat of physical violence, within its capabilities and its areas of deployment, including to prevent the use of heavy weapons against the civilian population and requests the Secretary-General to keep it urgently informed of measures taken and efforts made in this regard;