Session 8 Flashcards
Q: What did Amnesty International accuse the Saudi Arabia-led coalition of doing in Yemen?
Unlawful airstrikes on schools still in use for education, violating international humanitarian law and potentially committing war crimes.
Q: What was the educational impact of the school bombings in Yemen?
A: Over 6,500 students were affected in the five investigated schools, with more than 1,000 schools nationwide out of use due to destruction, damage, or use as shelters.
Q: Did Amnesty International find evidence of military use in the targeted schools?
A: No; Amnesty found no evidence that any of the five bombed schools were used for military purposes, and some were struck multiple times, indicating possible deliberate targeting.
Q: What psychological effects did the airstrikes have on Yemeni children?
A: The attacks caused fear, trauma, and long-term emotional distress among students, with children expressing terror at the sight of warplanes and school staff feeling a loss of humanity.
What actions could be taken in response to breaches of IHL in general?
- Independent investigations into the strikes (NGOs on the ground, UN HRC - majority of 47-member council), UNSC - less likely,
- accountability for perpetrators,
- full reparations to victims, and a
- Arms/embargo. Could be policy level under Arms Trade Treaty (ATT) which prohibits weapons transfers to violators. Halt to arms transfers to coalition forces by countries like the USA and UK.
- ICC, national courts (universal), special/hybrid tribunal
Q: How did arms transfers contribute to the continuation of these violations?
A: Despite evidence of war crimes, countries such as the US continued to supply weapons—including general-purpose bombs—used in unlawful airstrikes, violating international legal obligations.
Q: What is the fundamental principle regarding the wounded, sick, and shipwrecked in armed conflict under IHL?
A: They must be respected and protected at all times, as they are hors de combat and no longer lawful targets.
Q: What do Geneva Conventions I and II cover respectively?
GC I covers the wounded and sick on land;
GC II covers the wounded, sick, and shipwrecked at sea.
Q: What core protections are afforded to the wounded and sick under IHL?
- Humane treatment without discrimination,
- prohibition of violence or torture, and an
- obligation to care for them promptly.
Q: When are medical personnel, units, and transports protected under IHL?
A: When they are not used to commit hostile acts; if misused, protection may be lost after due warning.
Q: What are the recognized protective emblems under IHL, and what do they signify?
A: Red Cross, Red Crescent, and Red Crystal; they signify neutrality and protection for medical services.
Q: What are some key additions provided by Additional Protocol I (1977)?
A: Rules for airborne medical evacuation, civilian medical services, medical ethics, and confidentiality.
Q: How does Common Article 3 apply in non-international armed conflicts (NIACs)?
A: It sets a minimum standard of humane treatment for all persons not taking part in hostilities.
Q: What does Additional Protocol II add to Common Article 3 in NIACs?
A: More detailed protections for the wounded, sick, medical units, and prohibitions on cruel treatment and collective punishment.
Q: Under what conditions can protection be lost by the wounded or medical personnel?
A: If they commit hostile acts or use protected status to commit harm, but only after a warning and continued abuse.
Q: What constitutes a grave breach or war crime under IHL in this context?
A: Acts like deliberately attacking the wounded or medical units, or denying medical care, are grave breaches and prosecutable as war crimes.
Q: What did the World Health Organization document between October 7 and December 12, 2023, in Gaza?
A: 231 attacks on health care, including strikes on hospitals and ambulances, detention of health workers, and militarized raids—primarily by Israeli forces.
Q: Under what four conditions can a medical facility legally be attacked under international humanitarian law (IHL)?
A: 1) Used for harmful acts to the enemy, 2) given advance warning, 3) proportional harm, and 4) clear military necessity. Otherwise, they are protected.
Q: What was Israel’s main justification for targeting hospitals like al Shifa in Gaza?
A: Claims that Hamas used hospitals for military purposes, but presented evidence (e.g., small weapons caches, tunnel entrances) does not meet IHL standards for a legitimate target.
Q: What are the consequences of the attacks on Gaza’s health system by late November 2023?
A: Over 80% of northern hospitals were out of service; southern hospitals were overwhelmed and unable to meet medical or humanitarian needs.
Q: What potential war crimes or crimes against humanity are implicated in Israel’s hospital attacks?
A: Violations include attacking protected objects (Rome Statute Art. 8), disproportionate harm (Art. 8(2)(b)(iv)), and possibly extermination and forced displacement (Art. 7).
Q: What does the article call for in terms of accountability and international response?
A: Independent investigations (e.g., by the UN and ICC), and for military aid to Israel to be conditioned on compliance with IHL and efforts to reduce civilian harm.
Q: What triggered the conflict in northern Mali in early 2012, and who were the main actors?
A: A non-international armed conflict erupted involving the Malian government and armed groups such as MNLA, AQIM, Ansar Dine, and MUJAO.
Q: What cultural heritage sites were targeted during the conflict in Timbuktu?
A: At least 9 mausoleums, 2 mosques, and 2 historic monuments were intentionally destroyed by Ansar Dine and AQIM between May and July 2012.
