Test Prep - War and Diplomacy

4 options of classification of conflict

• IAC - must be 2 states (Internationally recognized>

NIAC - non international armed conflict, which involves at least one non-state actor and occurs within the territory of a single state.

• However

3 Thresholds:

1). intensity (conflict must be quite bad, mass destruction weapons, escalating, Is there citizen displacement)

2). Organization - separatists (implement laws of armed conflict, clear structure like leader and chain of command) DO THEY HAVE DISAPLANRY WEAPONS, CAN THE SOIDERS BE REMOVED ROM DOING SOMETHING ILLEAGL

3). territorial controll - have they claimed rights over a territory, do they have EFFECTIVE? OVERALL CONTROLL

a. Effective - Group is ruinning like its own state (are they giving out licenses, passports)

b. Overall - Org is kinda running things, some sort of buracaracy

• Organized Violence/Terrorism

Terrorism

• see slides

What laws and Rights:

NIAC - Article 3 (how you treat combatants) IS OUR FLOOR

IAC - Article 2 (in an IAC) POW status

• Post - War Transitional Justice - How to handle time between end of war and peace

Sub: International(ized) NIAC - weapons soliders money from another actor crosses to IAC

Crosses into IAC when other party becomes part of this.

• Conditional Surrender - Conflict is over (no more crimes and borders are returned)

Current Nation Paradigm its important that borders stay the same because we dont want to set presendet that anexation is legal.

• annexation is not legal (they can conceded) - Under geneva convetions

• Loosing side bargaing tool (continued fighting)

Winning side:

• Wont fight more and damage

• they have the right to prosecute loosers VICTORS HAVE RIGHT TO PROSECUTE LOOSEERS

• NEURENBURG PRECEDENT. - leaders are responsible for underlinks

……IF ANYONE PROCECUTES ANYONE ELSE

ICC (international criminal court) - state.

ICJ (International Court of Justice) - nations.

small reasons to go to ICC: systematic, magitude

Big reason to go to ICC: REGIME CHANGE

Use ICJ when 2-states are in a standoff (stalemate) - do you want to try an administration?

4 Part Test on big Fact pattern:

1) Distinction -

have you taken reasonable steps to determine how many civilians live there, is it a reasonable military target (civilian or military object), WILL CIVILIANS SUFFER?

2) Military Necessity-

Is the advantage gained worth it?, Do you have a way to defeat enemy quickly and efficiently like - cost benefit

3)Unnecessary Suffering-

(Can you choose an effective weapon methods)

4) Proportionality- (priortize campturing) escalation (not grossly proportionatr) - compare likley hood of civilain death vs. combatant death

• (In Responce to conflict, RESPONCE might match original act, keep conflict low)

  • 5 part test

    • Weapon selection -

    • Tactics - Does your plan include mass destruction, are you escalating into gorilla warfare

    • Probability of Civilan Casualties- probability of civilian casualties

    • Composition of Attack structure - What is the structure bring attacked

    • Caualty Collateral Damage Estimite ( how many people are killed) -

PROTECTED (Special) CATAGORIES

1) geneva special cat.1

• hospitals and designated medical areas are off limits for attack, ensuring the safety of medical personnel and patients.

• MUST SHOW EMBELEM - if you do it its a SERIOUS ISSUE

• medical services must treat both sides based on severity - hospital staff + med evacuation team is protected by geneva -

• faciliry wil loose protection is unlawful action occours toawrds the enermy

• but MUST GIVE EVACUALTION WARNING WITH AMPLE TIME

2) Humanitarian Relief

• War crime to impeed food or water to people that

• But can stop if they have reasonble proof that the resources will go to ,mlitary

• If ur providing aid - you can stop other UN aid with proof

• If population isint able to survive, you must send hummanitarian aid (warcrime to stop hummanitarian aid) ex. Hammas.

• If you cant distibute u cant let food in

3) Prohibited Punishments

• Coersion or forced work, collective punishemnts, Human sheilds (POW/Hoostages), Forced displacement, destruction of natural enviornment, Corporal punishment, using civilians to make places non reacable, civilians in military designated spaces, cannot destroy natural enviornment, - A regime change is a fresh government. - If an enemy is using a human sheild you still have to follow IHL principles. -

4) non discrimination and no sexual violence