lecture 5 - IHL

Question 1

What are the three pronouncements made by the ICJ on international humanitarian law?

Answer 1

• Legality of the threats or use of nuclear weapons
• Legal consequences of the construction of a wall in the occupied Palestinian territory
• Armed activities of the territory of the Congo judgement

Question 2

What was the ICJ’s conclusion regarding the legality of the use of nuclear weapons?

Answer 2

The court did not provide a clear answer.
- human rights law still plays a role
- but they can’t be contained says the court, so they aren’t proportional

Question 3

What did the ICJ conclude about the status of Palestinian lands?

Answer 3

The ICJ said yes, Israel still had this ‘occupational’ status.

Question 4

What legal framework did the ICJ reference in its ruling on the wall in occupied Palestinian territory?

Answer 4

Customary law as reflected in The Hague conventions.

Question 5

What are the two main groups distinguished in international humanitarian law?

Answer 5

• Combatants
• Non-combatants
  Combatants and non-combatants contain to one group = armed forces

Civilians = another group

Question 6

What is the significance of distinguishing between combatants and non-combatants?

Answer 6

Only combatants can be lawfully targeted during an attack.

• Non-combatants (think of medical, religious personel)

Question 7

What is the term used for individuals captured in armed conflict?

Answer 7

P.O.W. (prisoner of war status) when they are part of the armed forces

Question 8

What rights do prisoners of war have according to international humanitarian law?

Answer 8

• Food
• Water
• Mail
• Protection from forced labor
• Interrogation (name, status/rank and serial number) allowed but not torture

Question 9

What defines a civilian in the context of international humanitarian law?

Answer 9

Civilians are not members of the armed forces and are to be kept outside of military operations.

• It is possible that they pick up a gun and join in, then that is risky. You cannot claim prisoner of war status, so the protection isn’t there. Then you can apply criminal law instead and human rights maybe, but not as

Question 10

Complementary provisions: articles 43 and 44 of AP1

Answer 10

Gives you an idea of what to look for today.
- What qualifies as ‘armed forces’: art 43 par 1
- Members if armed forces which are ‘combatants’: art 44 par 3 ➞ entitled to fight in a way
- Non-combatants: art 43 par 2 ➞ are not entitled to take part in hostilities, but can still be seen as a P.O.W.
- All others qualify as ‘civilians’: art 50 ➞ also in case of doubt of their status.

Art 45 AP1: when people are taking part of hositilities, but not sure if you should give them POW status ➞ what

Question 11

What articles of the Hague Convention pertain to the laws that apply to belligerents?

belligerents = people waging war

Answer 11

Articles 1 & 2 of the annex to the Hague Convention (1907).

Question 12

What does Article 4 of the Third Geneva Convention address?

Answer 12

The treatment of prisoners of war.
- You see that there are a number of people that come in this category, but there is some criteria to look at (section A par 2, a-d)
- More modern approach

Question 13

What is the principle of proportionality in international humanitarian law?

Answer 13

Combatants may only use the amount and kind of force necessary to defeat the enemy.

Question 14

What does collateral damage refer to in armed conflict?

Answer 14

Civilians suffering repercussions from military actions that are deemed necessary.

Yet, there are things that aren’t allowed. Combatants are obliged to take every measure that such collateral damage or superfluous injury is restricted to a minimum ➞ use of a flamethrower as such

Question 15

What is the command responsibility in international humanitarian law?

Answer 15

Superiors must ensure compliance with IHL and can be held accountable for violations.

Question 16

What role does the ICRC play in international humanitarian law?

Answer 16

The ICRC must be allowed access to monitor compliance with IHL and report on conditions.

Question 17

What are unlawful combatants?

Answer 17

Individuals fighting against an armed force without legal status.

Question 18

What does Article 48 of AP1 state regarding military objectives?

Answer 18

Only military objectives can be targeted.

Question 19

What does Article 52 of AP1 define as civilian objects?

Answer 19

All objects which are not military objects.

Question 20

What are the criteria for something to be considered a military object according to Article 52?

Answer 20

• Makes an effective contribution to military action
• Offers a definite military advantage

Question 21

What is the benefit of the doubt rule in relation to POW status?

Answer 21

If there is doubt about an individual’s status, they should be treated as a POW.

Question 22

What does Article 41 of AP1 address?

Answer 22

Protection of those hors de combat (out of combat).

Question 23

What constitutes perfidy in international humanitarian law?

Answer 23

Pretending to surrender to harm or capture an enemy.

Question 24

What types of weapons are discussed in relation to international humanitarian law?

Answer 24

• Rifles
• Machine guns
• Grenades
• Incendiary weapons
• AP mines

Question 25

What are the general principles governing the use of weapons in international humanitarian law?

Answer 25

* Proportionality * Distinction * Unnecessary suffering

Question 26

What is the consequence of using weapons that cause unnecessary suffering?

Answer 26

They may be prohibited under international humanitarian law.

Question 27

When does a person become DPH?

Answer 27

When they hold a weapon and there is a causal link to hostilities. ## Footnote DPH stands for 'Direct Participation in Hostilities'.

Question 28

What happens to a person who is DPH? | DPH = Direct Participation in Hostilities

Answer 28

They lose their protection but do not gain combatant immunity or POW status unless they fall under specific categories in Article 4 of Geneva Convention 3.

Question 29

What rights are entitled to a person categorized under DPH?

Answer 29

Rights may vary, but typically include those protections outlined in international humanitarian law applicable to combatants.

Question 30

According to Article 78 AP1, when can children be evacuated?

Answer 30

Children can be evacuated if it is reasonable and within the borders of the country.

Question 31

What does Article 57 AP1 stipulate?

Answer 31

It outlines the precautions that must be taken during military operations.

Question 32

What does Article 58 AP1 say regarding civilians?

Answer 32

It states that civilians living closely should be removed if it is sensible.

Question 33

Is a sniper rifle considered a prohibited weapon?

Answer 33

No, it is legal as long as it is used within the bounds of international humanitarian law.

Question 34

What is the distinction between means and methods of warfare?

Answer 34

Means refers to the weapons used, while methods refer to how those weapons are employed.

Question 35

What happened to Private Caparzo after he was shot?

Answer 35

He was wounded and thus protected as 'au de combat' under Article 41(2). - if he did pick up his weapon (even when wounded), then he would be seen as a combatant again and therefore could’ve been shot again

Question 36

Was Captain Miller correct in ordering Private Caparzo to return the girl to her family?

Answer 36

This is debatable based on the legal status of the child as a non-target.

Question 37

What does Article 52 AP1 state about civilian objects?

Answer 37

It prohibits the use of civilian objects for military purposes.

Question 38

Is the church where the German sniper is hiding considered a military objective? | Is this church seen as art 53 under a?

Answer 38

No, it does not fall under the definition of a military objective as per Article 53. ➞ no. every single villiage in France has a church. It isn’t THE monument of catholics around the world. So what does fall under this? Well that is the question

Question 39

What determines the status of the German prisoner?

Answer 39

The prisoner is considered a POW based on Article 4 of Geneva Convention 3.

Question 40

What is the idea of being a POW?

Answer 40

To lower the numbers of the opposing party without killing them.

Question 41

Who is responsible for the treatment of a prisoner of war?

Answer 41

The state to which the unit belongs, as per Article 12 of Geneva Convention 3.

Question 42

Was Captain Miller correct in releasing the prisoner?

Answer 42

This is contentious; practical reasons may necessitate the release but it conflicts with Geneva Convention obligations.

Question 43

Unlawful combatants

Answer 43

When they are fighting against you but they aren’t doing so legally. They claimed that there was a gap in the legal protection for these people, and therefore they couldn’t claim any rights themselves ➞ this happened after 9/11

Question 44

Distinguishing between ‘civilian objects’ and ‘military objectives’

Answer 44

General instruction in art 48 AP1 ➞ you can only target military objects **Art 52 AP1 ➞ what civilian objects** are: all objects which are not military objects **Art 52 AP1 par 2 ➞ what military objects** are: there are two tests i. If they make an effective contribution to military action ii. Offers a definite military advantage ➞ in case of doubt, it is presumed that they are civilian objects.

Question 45

Medics and chaplains in IHL

Answer 45

➞ article 43, par 2 AP1. Excluded as combatants but are part of the armed forces So if you ARE a combatant, you have a right to participate. This means that if you do participate, you cannot be a medic or a chaplain. You then do not have the right to participate.