1.Prepared byMa. Martha Manette A. Madrid, Ed.D.Bachelor of Law Panpacific University North Philippines Urdaneta City, Pangasinan Philippines November 2010

2. Something tells me Its all happening at the zoo.I do believe it,I do believe its true.The monkeys stand for honesty, Giraffes are insincere, And the elephants are kindly but theyre dumb.Orangutans are skeptical of changes in their cages, And the zookeeper is very fond of rum. Zebras are reactionaries,Antelope plot in secrecy,And hamsters turn on frequently. What a gas! You gotta come and see At the zoo.-Paul Simon- 3. What is Humanitarian Aid?is a response to a crisis or emergency and is material, food, water, clothing, etc. assistance for saving lives, alleviating suffering, and maintaining human dignity, and does not address the underlying socioeconomic factors which lead to the crisis or emergency. Internationally, this is invoked two ways: Peacetime- Human Rights Law Armed conflict- International Humanitarian Law 4. International Humanitarian Lawor Armed conflict is also considered acceptedCustomary Law and a universal codificationstandard. The United Nations (UN) has the UNoffice for the Coordination of Humanitarian Affairs(UNOCHA), formed in 1991 by the GeneralAssembly Resolution 46/182 & the Department ofHumanitarian Affairs (DHA) replacing the Officeof the United Nations Disaster Relief Coordinatorformed in 1972. Humanitarian Aid is also called: International Relief and Development Aid 5. Seven Conventions and Nine Protocols thatinclude International Humanitarian Law The Four Geneva Conventions of 1949. Additional Protocols of 1977, protection of victims of armedconflicts. The 1954 Convention, protection of cultural property in theevent of armed conflict plus its two protocols. The 1972 Biological Weapons Convention. The 1980 Conventional Weapons Convention and its fiveprotocols. The 1993 Chemical Weapons Convention. The 1997Ottawa convention on anti-personnel mines. The 2000 Optional Protocol to the convention on theRights of child on the involvement of children in armedconflict. 6. International Humanitarian Law (Armedconflict) is used: only for armed conflict, once the conflict has begun, and equally applied to both sides regardless of who started thefighting. Note: International armed conflicts are those in which at least two states are involved, the use of the word states for these purposes implies the word country is included or synonymous. 7. Human Rights Law (Peacetime) Applies to peacetime and many of the provisions aresuspended during armed conflict. The United Nations(UN) has the Universal Declaration of Human Rights(UDHR), it is the first International statement to use the termhuman rights. The Covenant on Civil and Political Rights: The right to self determination. The right to own, trade, and dispose of their property freely, and not deprived of their means of subsistence. 8. InternationalHumanitarian Law often referred to as the law of war, thelaws and customs of war or the lawof armed conflict the legal corpus that comprises "theGeneva Conventions and the HagueConventions as well as subsequenttreaties, case law, and customaryinternational law. 9. defines the conduct and responsibilities ofbelligerent ( an individual, group, country or otherentity which acts in a hostile manner, such asengaging in combat), nations, neutral nations andindividuals engaged in warfare, in relation to eachother and to protected persons, usually meaningcivilians. 10. Two Historical Streams the law of The Hague referred to in the past asthe law of war proper; and the law of Geneva or humanitarian law. 11. The Law of The Hague, or the Laws of War a body of law concerning acceptable justifications to engagein war (jus ad bellum) and the limits to acceptable wartimeconduct (jus in bello). considered an aspect of public international law (the law ofnations) and is distinguished from other bodies of law, suchas the domestic law of a particular belligerent to a conflict,that may also provide legal limits to the conduct orjustification of war. modern laws of war address declarations of war, acceptanceof surrender and the treatment of prisoners of war, militarynecessity along with distinction and proportionality, and theprohibition of certain weapons that may cause unnecessarysuffering. 12. Historical Background: The Hague Conventions were two international treatiesnegotiated at international peace conferences at The Hague inthe Netherlands: The First Hague Conference in 1899 andthe Second Hague Conference in 1907. Along with the Geneva Conventions, the Hague Conventionswere among the first formal statements of the laws of war andwar crimes in the nascent body of secular international law. A third conference was planned for 1914 and later rescheduledfor 1915, but never took place due to the start of World WarI.The German international law scholar and neo-Kantianpacifist Walther Schcking called the assemblies the"international union of Hague conferences 13. Historical Background: A major effort in both the conferences was to create a bindinginternational court for compulsory arbitration to settleinternational disputes, which was considered necessary toreplace the institution of war. Most of the great powers, including the United States, Britain,Russia, France, China, and Persia, favored a bindinginternational arbitration, but the condition was that the voteshould be unanimous, and a few countries, led by Germany,vetoed the idea. 14. The Hague Convention of 1899 consistedof four main sections and three additionaldeclarations I - Pacific Settlement of International Disputes II- Laws and Customs of War on Land III- Adaptation to Maritime Warfare of Principles of Geneva Convention of1864 IV - Prohibiting Launching of Projectiles and Explosives from Balloons Declaration I - On the Launching of Projectiles and Explosives fromBalloons Declaration II - On the Use of Projectiles the Object of Which is theDiffusion of Asphyxiating or Deleterious Gases Declaration III - On the Use of Bullets Which Expand or Flatten Easily inthe Human Body 15. The Final Agreement was signed on October 18, 1907,and entered into force on January 26, 1910. It consistedof thirteen sections, of which twelve were ratified andentered into force: I The Pacific Settlement of International Disputes II The Limitation of Employment of Force for Recovery of Contract Debts III The Opening of Hostilities IV The Laws and Customs of War on Land V The Rights and Duties of Neutral Powers and Persons in Case of War on Land VI The Status of Enemy Merchant Ships at the Outbreak of Hostilities VII The Conversion of Merchant Ships into War-Ships I The Pacific Settlement of International Disputes II The Limitation of Employment of Force for Recovery of Contract Debts III The Opening of Hostilities IV The Laws and Customs of War on Land V The Rights and Duties of Neutral Powers and Persons in Case of War on Land VI The Status of Enemy Merchant Ships at the Outbreak of Hostilities 16. VII The Conversion of Merchant Ships into War-Ships VIII The Laying of Automatic Submarine Contact Mines IX Bombardment by Naval Forces in Time of War X Adaptation to Maritime War of the Principles of the Geneva Convention XI Certain Restrictions with Regard to the Exercise of the Right of Capture inNaval War XII The Creation of an International Prize Court [Not Ratified] XIII - The Rights and Duties of Neutral Powers in Naval War 17. Two declarations were signed as well: Declaration I extending Declaration II from the 1899 Conference to other types of aircraft[ Declaration II- on the obligatory arbitration 18. The law of war: Determine the rights and duties of belligerents in theconduct of operations and limits the choice of means indoing harm. Concerns itself with the definition of combatants,establishes rules relating to the means and methods ofwarfare, and examines the issue of military objectives 19. The modern law of war is derived from twoprincipal sources: Lawmaking treaties (or conventions) Not all the law of war derives from or has beenincorporated in such treaties, which can refer to thecontinuing importance of customary law. 20. Purposes of the laws Wars should be limited to achieving the politicalgoals that started the war (e.g., territorial control)and should not include unnecessary destruction; Wars should be brought to an end as quickly aspossible; People and property that do not contribute to thewar effort should be protected against unnecessarydestruction and hardship; 21. Applicability to states and individuals The law of war is binding not only upon States assuch but also upon individuals and, in particular, themembers of their armed forces. Parties are bound by the laws of war to the extentthat such compliance does not interfere withachieving legitimate military goals. 22. Remedies for violations Soldiers who break specific provisions of the laws of warlose the protections and status afforded as prisoners ofwar, but only after facing a "competent tribunal". Spies and terrorists may be subject to civilian law ormilitary tribunal for their acts and in practice have beensubjected to torture and/or execution. The laws of warneither approve nor condemn such acts, which fall outsidetheir scope. citizens and soldiers of nations which have not signed anddo not abide by the Third and Fourth Geneva Conventionsare not protected by them. 23. Remedies for violations If someone is (or is suspected to be) a citizen or soldier of anation which has signed or abides by the Fourth GenevaConvention , or is (or is suspected to be) a "prisoner ofwar" (POW) per the definitions of such "protected persons"in the Third Geneva Convention, the following applies: APOW who breaks specific provisions of the laws of warmay be penalized, but not penalized worse than thetribunal would penalize its own soldiers for the sameoffense (and usually a disciplinary, not judicial,punishment if its own soldiers normally wouldnt bebrought to trial for a particular offense) 24. Remedies for violations After a conflict has ended, persons who have committed orordered any breach of the laws of war, especially atrocities,may be held individually accountable for war crimesthrough process of law. Also, nations which signed theGeneva Conventions are required to search for, then tryand punish, anyone who has committed or ordered certain"grave breaches" of the laws of war. Soldiers who break specific provisions of the laws of warlose the protections and status afforded as prisoners of warbut only after facing a "competent tribunal. 25. Remedies for violations Spies and terrorists may be subject to civilian law ormilitary tribunal for their acts and in practice have beensubjected to torture and/or execution. The laws of warneither approve nor condemn such acts, which fall outsidetheir scope. citizens and soldiers of nations which have not signed anddo not abide by the Third and Fourth Geneva Conventionsare not protected by them. 26. Remedies for violations If someone is (or is suspected to be) a citizen or soldier of anation which has signed or abides by the Fourth GenevaConvention , or is (or is suspected to be) a "prisoner ofwar" (POW) per the definitions of such "protected persons"in the Third Geneva Convention, the following applies: APOW who breaks specific provisions of the laws of warmay be penalized, but not penalized worse than thetribunal would penalize its own soldiers for the sameoffense (and usually a disciplinary, not judicial,punishment if its own soldiers normally wouldnt bebrought to trial for a particular offense) 27. International treaties on the lawsof warList of declarations, conventions,treaties and judgments and on thelaws of war (pls refer to your photo copies) 28. The Geneva Conventions are the result of a process that developed in a number ofstages between 1864 and 1949 which focused on theprotection of civilians and those who can no longer fight inan armed conflict. As a result of World War II, all fourconventions were revised based on previous revisions andpartly on some of the 1907 Hague Conventions andreadopted by the international community in 1949. Laterconferences have added provisions prohibiting certainmethods of warfare and addressing issues of civil wars. comprise four treaties and three additional protocols thatset the standards in international law for humanitariantreatment of the victims of war. 29. The Geneva Conventions are: First Geneva Convention "for the Amelioration of theCondition of the Wounded and Sick in Armed Forces in theField" (first adopted in 1864, last revision in 1949) Second Geneva Convention "for the Amelioration of theCondition of Wounded, Sick and Shipwrecked Members ofArmed Forces at Sea" (first adopted in 1949, successor of the1907 Hague Convention X) Third Geneva Convention "relative to the Treatment ofPrisoners of War" ( first adopted in 1929, last revision in 1949) Fourth Geneva Convention "relative to the Protection ofCivilian Persons in Time of War" (first adopted in 1949, basedon parts of the 1907 Hague Convention IV) 30. In addition, there are three additionalamendment protocols to the Geneva Convention: Protocol I (1977): Protocol Additional to the GenevaConventions of 12 August 1949, and relating to the Protectionof Victims of International Armed Conflicts. As of 12 January2007 it had been ratified by 167 countries. Protocol II (1977): Protocol Additional to the GenevaConventions of 12 August 1949, and relating to the Protectionof Victims of Non-International Armed Conflicts. As of 12January 2007 it had been ratified by 163 countries. Protocol III (2005): Protocol Additional to the GenevaConventions of 12 August 1949, and relating to the Adoption ofan Additional Distinctive Emblem. As of June 2007 it had beenratified by 17 countries and signed but not yet ratified by anadditional 68 countries. 31. The conventions and their agreements The Geneva Conventions comprise rules that apply in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities, for example: wounded or sick fighters prisoners of war civilians medical and religious personnel 32. To this end, laws of war are intended to mitigate theevils of war by: Protecting both combatants and noncombatantsfrom unnecessary suffering; Safeguarding certain fundamental human rights ofpersons who fall into the hands of the enemy,particularly prisoners of war, the wounded and sick,and civilians; Facilitating the restoration of peace. 33. Fundamental principles of humanitarian law limit the suffering caused by war by forcing parties engagedin a conflict to: engage in limited methods and means of warfare;differentiate between civilian population and combatants,and work to spare civilian population and property;abstain from harming or killing an adversary who surrendersor who can no longer take part in the fighting;abstain from physically or mentally torturing or performingcruel punishments on adversaries. 34. Basic rules of IHL Persons hors de combat and those not taking partin hostilities shall be protected and treatedhumanely. It is forbidden to kill or injure an enemy whosurrenders or who is hors de combat. The wounded and sick shall be cared for andprotected by the party to the conflict which hasthem in its power. The emblem of the "RedCross," or of the "Red Crescent," shall be requiredto be respected as the sign of protection. 35. Basic rules of IHL Captured combatants and civilians must beprotected against acts of violence andreprisals. They shall have the right tocorrespond with their families and to receiverelief. No one shall be subjected to torture, corporalpunishment or cruel or degrading treatment. 36. Basic rules of IHL Parties to a conflict shall at all times distinguishbetween the civilian population and combatants.Attacks shall be directed solely against militaryobjectives. Parties to a conflict shall at all times distinguishbetween the civilian population and combatants.Attacks shall be directed solely against militaryobjectives. 37. Basic rules of IHLExamples: Well-known examples of such rules include: The prohibition on attacking doctors or ambulances displaying a Red Cross. 38. Basic rules of IHL It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In either case, the persons protected by the Red Cross or the white flag are expected to maintain neutrality, and they may not engage in warlike acts themselves; in fact, engaging in war activities under a white flag or a red cross is itself a violation of the laws of war. 39. In Conclusion Humanitarian law is the branch of public international lawthat comprises the rules, which, in times of armed conflict: seek to protect persons who are not or are no longer taking part in the hostilities, restrict the methods and means of warfare employed, and resolve matters of humanitarian concern resulting from war. 40. In Conclusion The term "humanitarian" is often used in everyday languagein a very broad sense, and can be confused with the term"human rights." civilians Humanitarian law aims to limit the suffering caused bywar by regulating the way in which military operationsare conducted. 41. In Conclusion International humanitarian law is thelaw of armed conflict or law of war andtheir effects. The goal of international humanitarian lawis to limit the effects of war on people andproperty and to protect particularlyvulnerable persons. 42. Reaction: States have always been limited in the waysin which they conduct armed conflicts, fromthe adherence to national laws and bilateraltreaties, to the observance of time-honoredcustomary rules. However, throughouthistory these limitations on warfare variedgreatly among conflicts and were ultimatelydependant on time, place, and the countriesinvolved. 43. The final word is yours!