The Geneva Conventions and their Additional Protocols is a body of Public International Law, also known as the Humanitarian Law of Armed Conflicts, whose purpose is to provide minimum protections, standards of humane treatment, and fundamental guarantees of respect to individuals who become victims of armed conflicts. British Red Cross.Treaties, States Parties, and Commentaries: Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. It is binding on you as a member of thearmed forces of your State. In particular, heated controversy surrounds knowledgeable terrorists or terror-using insurgents captured operating in warzones, who are by definition not only unlawful combatants under the laws of war but also war criminals guilty of committing indiscriminate acts of terror and mass-murder, and who possess extensive knowledge of terrorist members, organisation, and plots for future attacks that if obtained might save the lives of countless other human beings, including many innocent civilians. However, CIL also asserts simultaneously that persons held in custody who are either unable or unlikely to take part in hostilities upon their release from custody by reason of illness, or gravely diminished mental or physical health should be released and directly repatriated as soon as possible (ICRC Customary IHL Rule 99, in NZDF LOAC Manual Chapter 15, ibid., pp. Further, additional regulations regarding the treatment of civilians were introduced. This. Following the 9/11 terrorist attacks against New York and Washington D.C. in the United States in September 2001, America and its coalition of allies went to war against the Al Qaeda terrorist network that had planned and carried out those attacks, and also those States who either hosted and gave refuge to, or materially supported, the terrorist networks leaders and members. [18] Derbyshire, Section Four: When and to Whom Does LOAC Apply, p. 6, and 149.335 Introduction to LOAC in Section One: Introduction to LOAC and Historical Development, p. 16., 149.335 Law of Armed Conflict, ibid. Two of the hijacked planes were each deliberately flown into the tall Twin Towers buildings of the World Trade Center business complex located in New York city, the third plane into the U.S. Department of Defense Pentagon building in Washington D.C., and the fourth plane targeting either the Presidential White House or the parliamentary Capitol building also in Washington D.C. crashed in a field in Pennsylvania after an uprising of its passengers against the Islamist terrorist hijackers. In 1859, Genevan businessman Henry Dunant traveled to Emperor Napoleon IIIs headquarters in northern Italy to seek land rights for a business venture. This convention produced a treaty designed to protect wounded and sick soldiers during wartime. Non-International armed conflicts typically involve civil wars in which: (a) the government of a State is using its regular armed forces to fight against one or more identifiable, dissident armed groups operating within the territory of the State; or (b) armed and hostile fighting is taking place between dissident, rival armed groups within a State, that does not involve the government, but nevertheless requires the government to act to restore security and stability to the State. Finally, new rules regarding the treatment of the deceased, cultural artifacts, and dangerous targets (such as dams and nuclear installations) were produced. Humane treatment includes: (Military Persons Exempt From Attack, pg. It requires humane treatment for all persons in enemy hands, without discrimination. In 1977, Protocols I and II were added to the Conventions of 1949. He got much more than he bargained for, however, when he found himself a witness to the aftermath of the Battle of Solferino, a gory battle in the Second War of Italian Independence. Torture is defined under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as an act by a government official that inflicts pain or suffering, physical or mental, for particular reasons, including obtaining information. The principle of humane treatment in IHL requires that those who fall into the hands of the enemy be treated with respect for their dignity as human beings. unlawful. The LOAC also permits the handcuffing or physical restraining of persons for the purpose of interrogating them, as well as isolation methods, so long as these are temporary measures used only when strictly necessary militarily (Ibid., p. 35). Humane treatment includes: (Military Persons Exempt From Attack, pg. But years later, once the threat seemed less urgent and the political winds had shifted, many lawmakers became fierce critics. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Where domestic law does not allow for the exercise of universal jurisdiction, a Statemust introduce the necessary domestic legislative provisions before it can do so, and must actually exercise the jurisdiction, unless it hands the suspect over to another country or international tribunal. To suggest that our intelligence personnel violated the law by following the legal guidance they received is insulting and wrong. [25] Derbyshire, History of LOAC, in Section One: Introduction to LOAC and Historical Development, 149.335 Law of Armed Conflict, ibid., p. 35. clearly illegal under the LOAC to an ordinary person with ordinary common sense).[14]. [36] Pejic, Unlawful/Enemy Combatants: Interpretations and consequences, op. Indeed, the legal obligations and rights of CIL apply regardless of: (1) Whether or not a state of war is formally considered to exist; (2) Whether or not a State or individuals are participating parties or supporting parties to an armed conflict; and lastly, (3) Whether or not governments of the nations involved have ever ratified particular LOAC treaties. Hamdiarguedthat such detentionwas illegal under the Geneva Conventions, withoutexpress Congressional consent. [10], Non-International armed conflicts typically involve civil wars in which: (a) the government of a State is using its regular armed forces to fight against one or more identifiable, dissident armed groups operating within the territory of the State; or (b) armed and hostile fighting is taking place between dissident, rival armed groups within a State, that does not involve the government, but nevertheless requires the government to act to restore security and stability to the State.[11]. In addition to nationally ratified laws of war (e.g. Articles with the HISTORY.com Editors byline have been written or edited by the HISTORY.com editors, including Amanda Onion, Missy Sullivan and Matt Mullen. This is because LOAC constitutes the highest law governing armed conflict in the world today and is the ultimate legal standard internationally for the lawful conduct of war. Specifically, it prohibits attacks on civilian hospitals, medical transports, etc. It also identified new protections and rights of civilian populations. [32] Derbyshire, Section Ten: Internees, Detainees and Torture, 149.335 Law of Armed Conflict, op. Experts in the intelligence community told me that without the CIA program, there would have been another attack on the United States.. Twenty-six countries ratified the Conventions in the early 1990s, largely in the aftermath of the break-up of the Soviet Union, Czechoslovakia and the former Yugoslavia. futhermore, the animosities generated by terrorism make the postwar peace more difficult to preserve. 17) The Law of War requires humane treatment for military personnel who are out of combat (hors de combat) due to capture by enemy forces. Adding to this confusion is the fact that this definition of torture provided above does not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions (where the meaning of lawful sanctions remains vague and unclear) (Derbyshire, Section Ten: Internees, Detainees and Torture, 149.335 Law of Armed Conflict, op. Namely: (1) The unimpeded killing of non-combatant civilians in all three international security operations; (2) The commission of genocide and crimes against humanity against thousands in Rwanda and Bosnia; and. It also made the repatriation of captured belligerents a recommendation instead of mandatory. [2] Modified image taken from P. Gourevitch, After the Genocide, The New Yorker [Magazine], 18 December 1995, https://www.newyorker.com/magazine/1995/12/18/after-the-genocide, (accessed 14 September 2017). [23] However, because CIL is based on historical experience and general international consensus with regard to legal obligations, norms and practices during armed conflict, it is continually changing as modern conflict evolves, meaning that the CIL legal obligations of States may change without any formal notification at all. United States, Jurisprudence Related to the Bombing of the U.S.S Cole. The Code of Conduct, issued on executive order by President Eisenhower in 1955, requires the military prisoner to . Despite the U.S. Supreme Courts rulings in 2006 and 2008, however, strong arguments can and have still been made that the former inter-State, International armed conflict classification was, and is, the correct and rightful classification for these extremist and indiscriminately violent detainees captured during the GWOT. The riots were essentially a deliberate attempt to conduct reverse ethnic cleansing against the Kosovar Serb population, in direct if belated retaliation for the Serb ethnic cleansing that had been carried out against pro-independence minorities during the previous decade from 1991-1995 in Bosnia and Croatia (see blog #23 Caveat Chaos in Kosovo: Divided Allies & Fettered Forces in NATOs KFOR Operation during the 2004 Kosovo Riots). It also grantsthe right to proper medical treatment and care. Last updated in June of 2017 by Stephanie Jurkowski. I had asked the most senior legal officers in the U.S. government to review the interrogation methods, and they had assured me they did not constitute torture. [4] J. Derbyshire (MAJ, New Zealand Defence Force (NZDF)), 149.335 Introduction to LOAC, in Section One: Introduction to LOAC and Historical Development, 149.335 Law of Armed Conflict, Centre for Defence Studies, Massey University College of Humanities and Social Sciences, Palmerston North, New Zealand, 2008, p. 5. Geneva, 6 July 1906. International Committee of the Red Cross.Treaties, States, Parties, and Commentaries: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. International Committee of the Red Cross.Treaties, States Parties, and Commentaries: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977. International Committee of the Red Cross. [16] Derbyshire, 149.335 Introduction to LOAC, in Section One: Introduction to LOAC and Historical Development, 149.335 Law of Armed Conflict, ibid., p. 13. Under this Convention, civilians are afforded the same protections from inhumane treatment and attack affordedto sick and wounded soldiers in the first Convention. Under this body of International Humanitarian Law for the conduct of war, known as the LOAC, This means that ratified laws of the LOAC must be applied and adhered to by the nations armed forces, The duty to obey the LOAC is so forceful that it demands obedience even to the extent of disobeying national superior orders that are perceived to be. In addition to nationally ratified laws of war (e.g. At present, 168 States are party to Additional Protocol I and 164 States to Additional Protocol II,this still places the 1977 Additional Protocols among the most widely accepted legal instruments in the world. 27-28). States comply with the practice out of a sense of legal obligation to an international norm or custom, rather than solely due to their own legal LOAC obligations or national interests. That was not true. In 1929, updates were made to further the civilized treatment of prisoners of war. terrorist attacks, do not comprise armed conflict and are therefore not governed by the LOAC on Non-International armed conflict. [21] Derbyshire, 149.335 Introduction to LOAC, in Section One: Introduction to LOAC and Historical Development, 149.335 Law of Armed Conflict, ibid., p. 14. [14] Derbyshire, 149.335 Prevention and Punishment of Breaches of LOAC, in Section Twelve: International Criminal Court and Enforcement, 149.335 Law of Armed Conflict, ibid., p. 10. Humane treatment includes: (Military Persons Exempt From Attack, pg. Some highlights of these rules are: Male and female prisoners of war received expanded protections in the Convention of 1949 such as: Articles were also put in place to protect wounded, sick and pregnant civilians as well as mothers and children. Three were water-boarded. (1) Wounded and sick military personnel on land (Geneva Convention I). cit., p. 13. One of the treaties created during the 1949 Convention, this defined "Prisoner of War,"and accorded such prisoners proper and humane treatment as specified by the first Convention. Today evolutions in CIL are taking place in the field of restrictions and limitations imposed on weaponry, in the use of lethal force, and in the field of international criminal law as it relates to Islamist terrorists and jihadist insurgents in the global struggle to combat extremist, Islamo-fascist regional insurgencies and terrorist attacks around the globe. All of the passengers of the four civilian flights were killed, in addition to thousands of civilians of 115 different nationalities who were working in the buildings. The CIA interrogation program saved lives. *For an excellent documentary discussing the CIAs use of enhanced interrogation techniques on captured terrorists detained at Guantanamo prison, and presenting, However, while this is a clear and generally accepted definition of torture, there is still. Perhaps the most important and pressing evolution of CIL in recent decades concerns the treatment of captured Al Qaeda/Islamist terrorists, and terror-using insurgents (e.g. In Rwanda in 1994 and Bosnia in 1995, UNAMIR and UNPROFOR national contingent forces failed in their preeminent mandated duty to act in a robust military fashion to protect the lives of thousands of non-combatant civilians, sheltering in UN safe areas under their command, from the hostile intent and hostile lethal force actions of Enemy forces towards the local civilian population. Other emblems were later recognized, and the Geneva Conventions of 1949, the main topic of this article, confirmed them all. Last updates June 10, 2019 by Krystyna Blokhina, International Committee for the Red Cross and Red Crescent, 1952 Commentary on the Geneva Conventions, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, of 12 August 1949, Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, of 12 August 1949, Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949, Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, of 8 June 1977, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, of 8 June 1977, Reference Guide to the Geneva Conventions, List of Nations Ratifying or are Otherwise Party to the Geneva Conventions and/or Protocols, ICL Practice Relating to Rule 157, Jurisdiction over War Crimes, Category: International, Transnational, and Comparative Law, Geneva Conventions and their additional protocols, Disputes arising under the Conventions or the Protocolsare settled by courts of the member nations (Article 49 of Convention I) or by international. But years later, once the threat seemed less urgent and the political winds had shifted, many lawmakers became fierce critics. No doubt the procedure was tough, but medical experts assured the CIA that it did no lasting harm. [39] C. Weller, Startling maps show every terrorist attack worldwide over the last 20 years, Business Insider, 1 November 2017, https://www.businessinsider.com/global-terrorist-attacks-past-20-years-in-maps-2017-5?r=US&IR=T, (accessed 1 May 2019). This way of thinking resulted in more humane treatment for those officially classified as prisoners of war. Learn how your comment data is processed. international treaties, conventions, pacts, agreements and protocols), according to the LOAC, (2) Whether or not a State or individuals are. The legal classification of an armed conflict as either an International or Non-International armed conflict still determines which laws of war apply in any given conflict today. Some of these LOAC obligations have been so universally ratified and accepted as customary norms worldwide over the last century, that they have become extremely powerful and are now internationally regarded as binding on all military and non-military combatant forces, in all places, and at all times, during all the stages of conflict that exist on the scale between peace and war. But. Still is to this day. 37,770,554 questions answered * weegy Based on what I read and my knowledge of Saddams behavior in the 1980s and early 1990s it seemed highly likely to me that he had resumed working on weapons of mass destruction, that the sanctions were largely ineffective, and that the man was a very dangerous megalomaniac. Still is to this day. The circumstances of each will determine whether it legally and factually meets the qualifying conditions as an armed conflict (international or non-international). 13, 20, 27; FM 27-10, para. This Convention protects wounded and infirm soldiers and medical personnel who are not taking active part in hostility against a Party. The Lieber Code (General Orders No. reaffirming this belief, the 1949 geneva conventions specifically prohibited terrorism and required humane treatment of civilians. Counter to expectation, it has in fact been Non-International, rather than International, armed conflict that has predominated in theatres of conflict around the world since the end of WWII, and which still continues to represent the majority of armed conflicts today. In short, as terrorists or terror-using insurgents in conflict theatres i.e. With regard to the highly controversial Iraq War, the U.S. Marine Corps former Deputy Commander of U.S. CENTCOM, Lieutenant General (LTGEN) Michael DeLong, stated in 2007 that: Although we wondered about the timing, we never wondered about the rightness of removing Saddam from power. regular wars. Since there was no set treaty or law specifically outlining the obligations due to such detainees under the Geneva Conventions when captured by an opposing force, it appeared the problems arising from this new conflict exigency would be best guided by the customs of modern CIL notably, humane treatment consistent with the Geneva Conventions, but subject to military necessity, that of preventing additional, unlawful terrorist attacks against American citizens or those of its allies. By 2003, most governments and intelligence services had concluded that Saddam had been successful in resuming his weapons programs. in the 1970's, any form of terrorism violates the human rights agreements and expectations ratified by many nations. (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, Indeed, from that moment onwards, waterboarding and many other of the more aggressive enhanced interrogation techniques were no longer sanctioned or used by the CIA program on detainees at Guantanamo. Specifically, it required POWs to give only their names, ranks,and serial numbers to their captors. It also banned the use of weapons that cause superfluous injury or unnecessary suffering, or cause widespread, long-term and severe damage to the natural environment., According to the Red Cross, Protocol II was established because most victims of armed conflicts since the 1949 Convention were victims of vicious civil wars. [30] For more information on the CIAs waterboarding program, the three senior Al Qaeda members that were waterboarded, the actionable intelligence revealed by them, and a few of the terrorist plots stopped worldwide as a result of the enhanced interrogation techniques, see George W. Bush, Decision Points, New York, Crown Publishers, 2010, pp. Krivdo, CJSOTF-A Combined Joint Special Operations Task Force-Afghanistan A Short History 2002-2014, Office of the Command Historian, 2016, https://www.soc.mil/ARSOF_History/articles/v12n2_cjsotf_page_1.html, (accessed 1 May 2019) and J. Satya, The Clearest 9/11 World Trade Center Footage on the Internet, DigitalAmple.com, 5 August 2018, https://digitalample.com/the-clearest-9-11-world-trade-center-footage-on-the-internet/, (accessed 1 May 2019). I'll also focus on Department of Defense policies with respect to the law of war and the current conflict with Iraq and Iraqi violations of the law of war.