INTA 4060 Test 2 Human

International Humanitarian Law

Regulate conduct of armed conflict (only applies to armed conflict). 2 principles: limit use of violence and protect those who do not participate (POWs, civilians/sick or wounded personnel)

Basic Rule of International Humanitarian Law

Principle of distinction between civilian and combatant population/objectives

Two Conventions of International Humanitarian Law (Geneva 1949 and Hague 1907)

Outlaws certain weapons causing suffering such as poison gas, discharge/explosives, and protection of persons who do not participate in armed conflict

Protocol 1 (1977)

Protocol of Geneva Convention relating to victims of International Armed Conflict (IAC)

Protocol 2 (1977)

Protocol of Geneva Convention relating to victims of Non-International Armed Conflict (NIAC)

Protocol 3 (1977)

Adoption of Additional Distinctive Emblem (red crystal) to identify medical and humanitarian personell

Geneva Conventions type of IL

Customary International Law (binding for every state)

Armed Conflict

Whenever there is a resort to armed force between states or protracted armed violence between government authorities and organized crime groups / NSAs. Bound by International Humanitarian Law even if you are an NSA. NIAC vs. IAC

Non-International Armed Conflict (NIAC)

Criteria: minimum intensity, minimum level of organization, casualties. Not every hostility is NIAC. Very recent phenomenon for Intl law to regulate NIAC.

Common Article 3

Identical for all Geneva Conventions, forbids murder, torture, hostage-taking, and humiliating treatment against persons not active in hostilities.

Combatant Immunity

Combatants cannot be punished for lawful war acts. Not the case for fighters and rebels. E.g. lethal force

Military Necessity

Principle that justifies use of all means necessary to defeat the enemy as quickly as possible which are not prohibited by the laws of war

Equal Application

Laws of war apply equally to all who are entitled to participate directly in hostilities. Does not matter which side is victim or agressor

Rival proposition for equal application

rights/obligations of combatants should apply unequally depending on victim/agressor status

Proportionality

Prohibit attacks that may be expected to cause incidental loss of civilian life which is excessive in relation to concrete and military objective

POW Status

Reserved for combatants, not civilians or insurgents. Detained until end of active phase of hostility, meant to prevent return to battlefield. In NIAC, can keep insurgents detained without trial, did this with Al-Qaeda.

4 Conditions for combatants (Aldrich)

Military hierarchy, have worn uniforms / distinctive signs (failed), carried arms openly, conducted military operations in accordance with laws/customs (failed)

Hamdan vs. Rumsfeld

President George W. Bush lacked authorization to establish military commissions to try Guantanamo Bay detainees. The Court held these commissions violated the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions. Violates Common Article 3

1921 Leipzig Trials

first international war crimes proceedings, held at Germany's Supreme Court to try German personnel for WWI atrocities under Allied pressure

Crimes against peace

Not clearly criminalized, crime of aggression, high-ranking soldiers plan and start a war. Typically military

War crimes

Violations of laws and customs of war, more clearly criminalized. E. g. targeting civilians, mistreating prisoners of war.

Crimes against humanity

Murder, enslavement, extermination, etc. Less clearly criminalized. Only committed in armed conflict, only on civilians.

International Court of Justice

principal judicial organ of the United Nations, established in 1945 and based in The Hague, Netherlands. It settles legal disputes between sovereign states and provides advisory opinions on legal questions referred by UN agencies.

International Criminal Court

the first permanent international tribunal established in 1998 to prosecute individuals for genocide, war crimes, crimes against humanity, and aggression. Governed by the Rome Statute, it acts as a court of last resort, complementing national legal systems when they are unwilling or unable to prosecute

Hybrid Tribunal

Tribunal applying both domestic and international law, operates as part of national institutions with international origin, and resort to international experts.

Concurrent jurisdiction

ICT thinks its better to deal with crime, so it orders national court to shift to internationals courts

Head of State Immunity Doctrine

Sitting heads of state have immunity in international customary law, such as al-Bashir of Sugan

Security council referral

UNSC refers situation to the prosecutor of ICC

State referral

States refers situation to prosecutor of ICC

Proprio motu

Prosecutor initiates independent investigation

Sovereign Equality of States

enshrined in Article 2(1) of the UN Charter, holding that all states possess equal legal rights, duties, and standing, regardless of their size, wealth, or power. It ensures all nations have equal sovereignty and sovereignty-based protection. Can’t impose jurisdiction of court, state has to consent

Consent ad hoc

Jurisdiction by special agreement (compromis)

Consent post hoc

Forum pregatorum, jurisdiction must be explicit or clearly to be deduced from conduct of state

Advance consent

Compromissory clauses in treaties signal this jurisdiction

Compromissory clause

provision in a treaty or international agreement where state parties consent in advance to submit future disputes regarding its interpretation or application to a binding third-party body, typically the International Court of Justice (ICJ) or arbitration.

Monetary Gold Principle

legal interests of third party form subject matter of a decisions, the ICJ could not entertain proceedings

Article 94 of UN Charter

Other party, if party fails to perform obligations, may have recourse to SC

Advisory opinions

legal opinion issued by court in response to request from authorized international body. Not legally binding, but provides authoritative interpretations and clarifications of legal questions

Arbitration

States can choose judges, arbitrators, make proceedings confidential

Confiscation

Stealing of central bank assets, meant to punish the state, irreversible, was meant for investment for Ukraine

Ad hoc diplomacy

temporary ambassadors sent specially from one sovereign to another, special envoys for particular matters. Advantages: operate in absence of diplomatic relations, direct access to highest political leadership, low risk of affecting long term embassy function

Resident diplomacy

permanent ambassadors which stay in state. Becomes norm in 16th century, and 17th saw rise of rules of immunity of ambassadors

1961 Vienna Conference