International Humanitarian Law and the ICC Overview

What should be prioritized when working on an assignment according to the notes?

Focus on the big ideas first, then incorporate smaller details.

What significant event occurred on June 24, 1859, related to Italian unification?

The Battle of Solferino.

How many casualties were there at the Battle of Solferino?

Over 6,000 dead and 40,000 wounded.

Who was Henry Dunant and what did he do during the Battle of Solferino?

He helped care for more than 9,000 wounded and dying for three days and nights.

What was Henry Dunant's big idea after the Battle of Solferino?

To create national relief societies to care for the wounded, supported by an international relief organization.

What are the three categories of law concerning war?

Jus ad bellum (reasons for war), Jus in bello (law in war), and Jus post bellum (law after war).

What is the role of the International Criminal Court (ICC) in relation to war?

To charge individuals who commit acts of aggression and crimes against humanity.

What do the Geneva Conventions primarily address?

They establish positive requirements for the treatment of individuals during armed conflict.

What are the four Geneva Conventions established in 1949?

1st - Wounded and sick in armed forces in the field; 2nd - Wounded, sick and shipwrecked at sea; 3rd - Treatment of Prisoners of War; 4th - Protection of civilians in time of war.

What is Common Article 3 of the Geneva Conventions?

It mandates humane treatment for persons not actively participating in hostilities, without adverse distinction.

What is the difference between Human Rights Law and Law of War (IHL)?

Human Rights Law applies during times of peace, while Law of War applies during armed conflict.

What is the significance of Dunant's book 'Memories of Solferino'?

It led to the establishment of the First Geneva Convention in 1864.

What do Hague Declarations and Conventions primarily focus on?

They mainly try to regulate war by outlining negative requirements (what not to do).

What are the two main types of requirements in the Geneva Conventions?

Positive requirements (what must be done) and negative requirements (what must not be done).

What are the two main forms of defense recognized in Jus ad bellum?

Self-defense and collective defense.

What is the role of UN tribunals in the context of war?

To enforce international humanitarian law and prosecute war crimes.

What does 'hors de combat' mean in the context of the Geneva Conventions?

It refers to individuals who are out of the fight due to sickness, wounds, or other causes.

What is the purpose of the International Committee of the Red Cross (ICRC)?

To provide humanitarian assistance and protect the rights of individuals affected by armed conflict.

What is the significance of the Declaration of Human Rights?

It is considered customary law and applies to all individuals during times of peace.

What are some examples of treaties that fall under the Law of War?

Hague conventions, Geneva conventions, and the land mine treaty.

What is the main focus of International Humanitarian Law (IHL)?

To regulate the conduct of armed conflict and protect individuals who are not participating in hostilities.

What does the term 'self-defense' refer to in the context of reasons for war?

The right of a state to defend itself against an armed attack.

What acts are prohibited under IHL with respect to persons?

Prohibited acts include violence to life and person (murder, mutilation, torture), taking hostages, outrages upon personal dignity, and executions without a fair trial.

What is the role of the International Committee of the Red Cross (ICRC) in conflicts?

The ICRC offers humanitarian services, monitors compliance with IHL, and educates parties to the conflict.

What are the core principles of International Humanitarian Law (IHL)?

Core principles include balancing military necessity with humanity, no exceptions to IHL, mutual application to all belligerents, proportionality of response, and distinction between combatants and non-combatants.

Who founded the International Committee of the Red Cross (ICRC)?

Henry Dunant.

Where is the ICRC based?

Geneva, Switzerland.

What is the significance of the principle of distinction in IHL?

It requires the distinction between combatants and non-combatants to spare civilians, the wounded, and the detained.

What does the principle of proportionality entail in IHL?

It requires using only as much force as necessary to achieve military objectives while minimizing collateral damage.

What precautions must be taken according to IHL?

Precautions must be taken to spare civilians and non-military targets during attacks.

What training is provided to NATO troops regarding IHL?

All NATO troops receive training on IHL, including pre-deployment training by the Judge Advocate General (JAG).

What is the purpose of Rules of Engagement (ROE) in relation to IHL?

ROE must respect IHL and guide military personnel in their actions during conflict.

What does the term 'hors de combat' refer to in IHL?

It refers to individuals who are out of the fight, such as wounded soldiers.

What does the IHL principle of mutual application mean?

IHL applies equally to all belligerents, regardless of their status as attacker or victim.

What is the significance of the ICRC's observer status at the UN?

It allows the ICRC to engage with international bodies and promote adherence to humanitarian principles.

What example illustrates the principle of proportionality in IHL?

State A's cruise missile attack on State B's city followed by State B's cyber virus attack on State A's electricity grid.

What example demonstrates the principle of distinction but is not allowed?

State A renaming POWs as 'detainees'.

What example shows a violation of the principle of distinction?

State A opening fire on a camp where rebels are hiding among refugees.

What example illustrates a misuse of the principle of distinction?

State A dropping foodstuffs to attract locals, especially children, before an attack.

What does the principle of precaution require during military operations?

It requires taking every precaution to avoid harm to civilians and non-military targets.

How does IHL view the actions of one side in relation to illegal behavior by the other?

One side's illegal behavior does not justify similar actions by the other side.

What is the impact of IHL on the legal status of parties in a conflict?

The application of IHL does not affect the legal status of the parties to the conflict.

What is the role of the ICRC in monitoring states?

The ICRC provides quiet admonishment, education, and monitoring of states regarding compliance with IHL.

What does 'jus ad bellum' refer to?

The justification for going to war.

What does 'jus in bello' refer to?

The law governing conduct during war.

What does 'jus post bellum' refer to?

The law governing the aftermath of war.

What are the main reasons for war according to international law?

Self/collective defense, UN Security Council mandates, and adherence to Hague Laws and Geneva Conventions.

What is the role of the International Criminal Court (ICC)?

To investigate and try individuals charged with genocide, war crimes, crimes against humanity, and the crime of aggression.

What is a significant limitation of the ICC?

It has no enforcement capability and relies on member states for implementation.

Which countries are not members of the ICC?

The United States, China, and Russia.

What historical trials serve as models for the ICC?

The Nuremberg and Tokyo Trials after World War II.

How many states are members of the ICC?

123 out of 193 states (approximately 63%).

What is the current status of cases before the ICC?

There have been 31 cases, with 38 arrest warrants issued and 21 people detained.

What is the significance of the Nuremberg Trials?

They were the first to try individuals for war crimes, establishing precedents for international law.

What was the purpose of the ICTY?

To prosecute individuals for war crimes committed during the Yugoslav Wars.

What was the purpose of the ICTR?

To prosecute individuals for genocide and war crimes committed during the Rwandan Genocide.

What is unique about the Special Tribunal for Lebanon?

It was the first court to try terrorists at the request of a government.

What is the Extraordinary Chambers in the Courts of Cambodia?

A hybrid court established to try Khmer Rouge leaders, not created by the UN Security Council.

What is the main focus of UN Criminal Tribunals?

To try individuals for war crimes based on humanitarian law.

What are the goals of international criminal tribunals?

Justice, reconciliation, and deterrence.

What is the significance of rape in the context of war crimes?

It is now recognized as a crime of war.

What is the International Commission of Inquiry on Darfur tasked with?

To determine if acts of genocide have occurred in the Darfur region of Sudan.

What was the purpose of the UN Compensation Commission for Iraq?

To assess compensation payable to victims of Iraq's aggression against Kuwait.

What is the relationship between individual guilt and state responsibility in international law?

Guilt is individual, not state-based; individuals can be prosecuted regardless of their position.

What are the limitations of ad hoc tribunals?

They may only try individuals, are limited to specific conflicts, and have a defined timeframe for crimes.

What is the significance of the Geneva Conventions in wartime conduct?

They outline what actions are permissible and prohibited during war.