The International Humanitarian Law, Human Rights and Syria.
Over the past few years the world has witnessed a series of events that have been triggering throughout several countries in the Middle East, against the authoritarian regimes of the region. One of the most recent events of the Arab Spring has emerged in Syria, where its people referred as “the rebels” have decided to confront the government of the actual president Bashar Al Assad. The situation in Syria has become so alarming that it has captured the attention of countries throughout the world and also from international organizations like the UN and the ICRC, in order to try and intervene to stabilize the situation. The ICRC has tried to intervene in Syria focusing on the International Humanitarian Law (IHL), which is built out of the four Geneva Conventions to protect those involved in the conflict and try to get to an agreement between both sides of the conflict. In spite of trying to intervene in this armed conflict between rebels and the government, the Red Cross or in this case the Red Crescent has not been able to successfully help as an impartial entity because of the lack of cooperation from both sides. While other international organizations like the United Nations have been debating to intervene in the conflict not only for the amount of violations in the conflict from The UN Declaration of Human Rights, but also because it has been proven the use of nuclear weapons in the conflict breaking the Nuclear Non-Proliferation treaty. Both of these organizations are focused on helping and protecting their country members in order to be able to live in a world with more stabilization and without conflicts, but not always they run with the luck of being able of accomplishing their goals and mission in order to help and protect like it has been with the Syria case. The International Committee of the Red Cross is a non-governmental organization that was created in 1863 after the Solferino Battle by Henry Dunant. The Red Cross is an independent and impartial organization that provides help for victims of any member country, whether by armed conflicts, terrorist attacks or natural disasters, that need the help without caring the political or religious ideology that either countries or different parties have. The committee of the Red Cross’s International Humanitarian Law is based in three principles in which are assistance, prevention and cooperation. Assistance basically means to provide the victims with aid in their health, water, habitat and economic security. Prevention means to try and educate those who hold arms or may be involved in the conflict, to try and decrease the amount of casualties in armed conflicts. The last principle is cooperation for the strengthening of capacity, assistance and following of what is happening in the place of need. In a situation that requires the intervention of the Red Cross or the Red Crescent, the organization follows some legal bases like the previously mentioned IHL, which is the essence of the four Geneva conventions and of the Additional Protocol I, II and III. The treaties of the Geneva Conventions proclaim the protection and aid to the wounded and sick of the arm forces on land; wounded and castaways of the arm forces in the sea; prisoners of war and civilians. The International Humanitarian Law tries to balance the military necessity vs humanity and for that at the same time, it tries to decide whether the conflict can be protected under the IHL. The conflict is studied under three different principles than the ones previously mentioned. The first one is the principle of distinction of the conflict; the second one is proportion of the military advantages or expected damage to civilians in the form of casualties. The third and last principle is precaution, as how to choose wisely the arms to attack certain altercations, to give warnings and more. The ICRC is divided into the National Red Cross which can be...
...INTERNATIONALHUMANITARIANLAW and THE IRAQ CRISIS
SUSAN SOUX April 2003
the RULES which seek, for humanitarian reasons, to limit the effects of armed conflict, protect people who are not, or are no longer taking part in the hostilities, and to restrict the methods and means of warfare employed
IHL ‘the law of armed conflicts’
‘law of war’
• Geneva • Hague
‘the law of Geneva is designed to safeguard military personnel who are no longer taking part in the fighting and people not actively involved in hostilities’
• Hors de combat • Civilians • Medical/religious personnel
‘the law of The Hague establishes the rights and obligations of belligerents in the conduct of military operations, and limits the means of harming the enemy’
Internationalhumanitarianlaw prohibits all means and methods of warfare which:
• fail to discriminate
• cause superfluous injury or unnecessary
• cause severe or long-term damage to the
Other agreements prohibit the use of certain weapons and military tactics and protect certain categories of people and goods.
the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, plus its two...
...InternationalhumanitarianlawInternationalhumanitarianlaw (IHL), or the law of armed conflict, is the law that regulates the conduct of armed conflicts (jus in bello). It is that branch of internationallaw which seeks to limit the effects of armed conflict by protecting persons who are not or no longer participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary internationallaw." It defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its...
...5.1 The Basics of InternationalHumanitarianLaw
What is internationalhumanitarianlaw?
Internationalhumanitarianlaw (IHL) is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare by prohibiting weapons that make no distinction between combatants and civilians or weapons and methods of warfare which cause unnecessary injury, suffering and/or damage. IHL is also known as the law of war or the law of armed conflict.
Humanitarianlaw has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines.
IHL is part of internationallaw, which is the body of rules governing relations between States. Internationallaw is contained in agreements between States (treaties or conventions), in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
IHL applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of...
Basic rules of internationalhumanitarianlaw in armed conflicts
The seven fundamental rules which are the basis of The Geneva Conventions and the Additional Protocols. This tex has been prepared for dissemination purposes and cannot in any circumstances serve as a substitute for the complete provisions of the international agreements - Extract from "Basic rules of the Geneva Conventions and their Additional Protocols"
[pic]1 - Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their
lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely
without any adverse distinction.
[pic]2 - It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.
[pic]3 - The wounded and sick shall be collected and cared for by the party to the conflict which has them in its power.
Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red
cross or the red crescent is the sign of such protection and must be respected.
[pic]4 - Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives,dignity, personal rights and convictions. They shall be protected against all acts of violence and reprisals. They shall have the right to correspond with their families and...
...SUBJECTS OF INTERNATIONALLAW - STATES
I. Traditional Subjects of InternationalLaw
In addition to controlling territory, States have lawmaking and executive functions. States have full legal capacity, that is, they have the ability to be vested with rights and to incur obligations.
Insurgents are a destabilizing factor, which makes States reluctant to accept them, unless they show some of the attributes of sovereignty (e.g. control of a defined territory). Their existence is temporary; they either prevail and become a full-fledged state, or fail and disappear.
II. Modern Subjects of InternationalLaw
All new modern subjects of internationallaw lack permanent and stable control over a territory. They have limited legal capacity (do not have a full spectrum of rights and obligations) and limited legal capacity to act (i.e. to enforce their rights).
A. International Organizations
B. National Liberation Movements
III. Conditions for Statehood and the Role of Recognition
Unlike national systems, the international legal order lacks a set of detailed rules regarding the creation of states. However, such rules can be inferred from custom.
A. Conditions for Statehood
The Montevideo Convention of 1933 lays the traditional and...
CHAPTER 7:INTERNATIONAL ORGANIZATON, LAW, AND HUMANRIGHTS
Roles of International organizations.
States work together by following rules they develop to govern their interactions, and states usually do follow these rules and they develop the habit of working through institutions and within those rules.
Great gains can be realized by regulating international interactions through institutions and rules, thereby avoiding the costly outcomes associated with a breakdown of cooperation.
International norms: the expectations actors hold about normal international relations.
Invasion of Kuwait by Iraq wasn't illegal but widely viewed as immoral.
Agreed norms of behavior, institutionalized through such organizations, become habitual over time and gain legitimacy,
States refrain from behavior not just for cost-benefit reasons (as emphasized by realists and liberals) but for normative reasons having little to do with material calculations (as emphasized by constructivists).
Especially in times of change, when shared norms and habits may not suffice to solve international dilemmas and achieve mutual cooperation, institutions play a key role.
International Organizations (IO's): Concrete, tangible structures with specific functions and missions and they include IGOs, and NGOs.
Regional: EU, ASEAN...
Your presenter today:
Major Attila Kulcsár
Hungarian National Police Human Resource Management Service Education Management and Training Departmert
UNTAC Cambodia 1992-93 MINURSO West-sahara 1995-96 UNMIBH BIH RS 1997-98 UNMIBH BIH FED 1999-00 EUPOL Proxima MK 2004-05 OSCE Mission to Skopje 2008-12
What is the first word that comes up your mind in connection with HUMANRIGHTS?
HUMANRIGHTS are the rights that all people have by virtue of being human beings. HUMANRIGHTS are derived from the inherent dignity of the human being and are defined internationally, nationally and locally by various law making bodies.
HUMANRIGHTS is defined as the supreme,
inherent, and inalienable rights to life, to dignity, and to self-development. It is concerned with issues in both areas of civil and political rights and economic, social and cultural rights founded on internationally accepted humanrights obligations
HUMANRIGHTSRIGHTS – moral power to hold (rights to life, nationality, own property, rest and...
The Cyrus Cylinder (539 B.C.)
The decrees Cyrus made on humanrights were inscribed in the Akkadian language on a baked-clay cylinder.
Cyrus the Great, the first king of Persia, freed the slaves of Babylon, 539 B.C.
In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city of Babylon. But it was his next actions that marked a major advance for Man. He freed the slaves, declared that all people had the right to choose their own religion, and established racial equality. These and other decrees were recorded on a baked-clay cylinder in the Akkadian language with cuneiform script.
Known today as the Cyrus Cylinder, this ancient record has now been recognized as the world’s first charter of humanrights. It is translated into all six official languages of the United Nations and its provisions parallel the first four Articles of the Universal Declaration of HumanRights.
The Spread of HumanRights
From Babylon, the idea of humanrights spread quickly to India, Greece and eventually Rome. There the concept of “natural law” arose, in observation of the fact that people tended to follow certain unwritten laws in the course of life, and Roman law was based on rational ideas derived from the nature of...