InternatIonal HumanItarIan law and tHe law of …

1 Peace Operations Tr aining Institute InternatIonal HumanItarIan law and tHe law of armed ConflIC tCourse AuthorAntoine A. Bouvierseries editorHarvey J. Langholtz, Operations Tr aining Institute InternatIonal HumanItarIan law and tHe law of armed ConflIC tCourse AuthorAntoine A. Bouvierseries editorHarvey J. Langholtz, 2012 Peace operations training institute. All rights operations training institute1309 Jamestown road, suite 202 Williamsburg, VA 23185 edition: 2000second edition: december 2012 Cover: uN Photo #531246 by stuart Price, october material contained herein does not necessarily reflect the views of the Peace Operations Training Institute (POTI), the Course Author(s), or any United Nations organs or affiliated organizations.

2 The Peace Operations Training Institute is an InternatIonal not-for-profit NGO registered as a 501(c)(3) with the Internal Revenue Service of the United States of America. The Peace Operations Training Institute is a separate legal entity from the United Nations. Although every effort has been made to verify the contents of this course, the Peace Operations Training Institute and the Course Author(s) disclaim any and all responsibility for facts and opinions contained in the text, which have been assimilated largely from open media and other independent sources. This course was written to be a pedagogical and teaching document, consistent with existing UN policy and doctrine, but this course does not establish or promulgate doctrine.

3 Only officially vetted and approved UN documents may establish or promulgate UN policy or doctrine. Information with diametrically opposing views is sometimes provided on given topics, in order to stimulate scholarly interest, and is in keeping with the norms of pure and free academic ..VIIIM ethod oF Study ..IXLeSSoN 1: GeNerAL INtroduCtIoN to InternatIonal HumanItarIan LAw (IhL): deFINItIoNS ANd FIeLdS oF APPLICA-tIoN .. General Definition of InternatIonal HumanItarIan Law (IHL) .. Origin of InternatIonal HumanItarIan Law .. The Progressive Development of IHL (1864 2012) .. The Standing of IHL within Public InternatIonal Law.

4 The Sources of InternatIonal HumanItarIan Law .. The Material Field of Application of IHL: When Does IHL Apply? .. The Basic Rules of IHL ..25 LeSSoN 2: ProteCtIoN oF VICtIMS oF InternatIonal ArMed CoNFLICt .. introduction .. Provisions Common to the Four 1949 Conventions and to the Additional Protocol I of 1977 .. Protection of the Wounded, Sick, and Shipwrecked .. Regulations Protecting Prisoners of War .. Protection of Civilian Individuals and Populations ..39 InternatIonal HumanItarIan law and tHe law of armed ConflIC tLeSSoN 3: ruLeS APPLICAbLe IN NoN- InternatIonal ArMed CoNFLICtS .. introduction.

5 The Definition of NonInternational Armed Conflicts .. The Development of Rules Applicable to NonInternational Armed Conflicts Before 1949 .. Fields of Application .. substantive rules ..51 LeSSoN 4: ruLeS oN the CoNduCt oF hoStILItIeS .. introduction .. Fundamental Principles of Law Governing Military Operations .. Limits on methods of warfare .. Limits on the Choice of Means of Warfare ..61 LeSSoN 5: MeANS oF IMPLeMeNtING IhL .. introduction .. Preventive Measure to take in Peacetime .. Measures to Ensure Compliance During Armed Conflicts .. Curbing Violations of IHL .. The Implementation of IHL in Non- InternatIonal Armed Conflicts.

6 Non-legal Factors that Contribute to the Observation of IHL ..78 LeSSoN 6: huMAN rIGhtS LAw ANd InternatIonal HumanItarIan LAw .. introduction .. Sources, Origin, and Development of HRL .. Similarities and Differences between HRL and IHL .. substantive rules and Protected rights .. Implementation of IHL and HRL ..88 LeSSoN 7: APPLICAbILIty oF InternatIonal HumanItarIan LAw to PeACeKeePING ANd PeACe-eNForCeMeNt ForCeS .. introduction .. United Nations Peacekeeping and Peace-Enforcement Operations: Definition and Characteristics .. Applicability of InternatIonal HumanItarIan Law to Peacekeeping operations.

7 Applicability of InternatIonal HumanItarIan Law to Peace-Enforcement Operations ..100 LeSSoN 8: the CurreNt roLe oF the ICrC IN InternatIonal HumanItarIan LAw .. Structure, Statute and Mandates of the ICRC .. Tasks of the ICRC under the Geneva Conventions and Their Additional Protocols .. Statutory Tasks of the ICRC .. The ICRC s Different Types of Activities .. Facts and Figures the iCrC Worldwide .. the InternatIonal red Cross and red Crescent Movement ..120 Foreworddear student: I am pleased you have enrolled in the correspondence course InternatIonal HumanItarIan Law and the Law of Armed Conflict.

8 The Course Author, Mr. Antoine A. Bouvier, is a recognized expert in the field of InternatIonal HumanItarIan Law and he has written a thorough, detailed, and informative familiar with other courses we offer at Peace Operations Training Institute will immediately recognise this course is different from any we have produced to date. This course deals with some very complex issues. What are the rights of the individual in times of armed conflict? What protections are there for civilians? What are the rights and safeguards accorded to refugees, displaced persons, or prisoners of war? What are the rights and protections for combatants?

9 What are the rights of nations to defend themselves when attacked? How shall armed conflict be carried out? These questions address some of the fundamental means by which nations engage and in some ways define the concept of what it means to be civilised. This course attempts to address these questions from the point of view of InternatIonal Law, specifically InternatIonal HumanItarIan issues raised in any discussion of InternatIonal HumanItarIan Law will be complex and difficult and the questions posed will not have easy answers. Neither will there be full agreement between nations, organisations, or individuals.

10 There are some issues within IHL where the InternatIonal Committee of the Red Cross and the United Nations have taken different positions. Yet, your course author is a Legal Adviser for the ICRC, and the editor of the course is the Director of Peace Operations Training Institute. We have tried to write a balanced course that recognises the different views of the two organisations. Nothing we have said here should be taken as accepted policy or doctrine for either the ICRC or the UN. This course is for training purposes, not for the promulgation of official positions, and therefore should not be quoted as an official statement of either the UN or the wish you, the student, every success as you study the material in this course.