Humane treatment includes: (Military Persons Exempt From Attack, pg. 9-87, and Section Ten: Internees, Detainees and Torture, p. 5, 149.335 Law of Armed Conflict, op. By 2003, most governments and intelligence services had concluded that Saddam had been successful in resuming his weapons programs. Protocol II was the first-ever international treaty devoted exclusively to . The rules help draw a lineas much as is possible within the context of wars and armed conflictsbetween the humane treatment of armed forces, medical staff and civilians and unrestrained brutality against them. [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. 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. Between 2001-2006, Al Qaeda terrorists and local/foreign extremist insurgents captured in the territories of Afghanistan or Iraq committing acts of terror or violence against either Allied coalition forces or the new national governments, their forces, or their civilian population, were classed by the United States (U.S.) as, Under this classification of the LOAC, Taliban and Al Qaeda militants were, This absence of legal entitlement to the LOAC protections afforded to lawful armed combatants was strengthened further by the fact that these Islamist terrorists and insurgents conducted their operations out of uniform, failed to distinguish themselves from the civilian population thereby exposing innocents to harm, deliberately targeted innocent civilians themselves in terrorist attacks, forcibly used civilians as human shields to protect themselves from legitimate military responses provoked by their attacks, and, In short, as terrorists or terror-using insurgents in conflict theatres i.e. b. The amendments extended protections for those wounded or captured in battle as well as volunteer agencies and medical personnel tasked with treating, transporting and removing the wounded and killed. Common Article 3 the article common to all four of the Geneva Conventions of 1949 which alone treats Non-International armed conflict requires that, in addition to, In essence this means that, according to CIL, States acting as Detaining Powers must provide persons under their power with the most humane (human) treatment that each State is capable of providing, including adequate food and medical care, and that they should. A committee was formedwhich included Dunant and an early iteration of the Red Crossin Geneva to explore ways to implement Dunants ideas. unlawful. Learn how your comment data is processed. General (GEN) Tommy Franks, the U.S. Army former Commander of CENTCOM, has also defended Americas decision to go to war against the Saddam dictatorship in Iraq, stating that: The intelligence, while not precise, was overwhelming. Afghanistan and Iraq: Two conflict theatres in the Global War on Terrorism (GWOT). cit. It calls on the parties to the conflict to bring all or parts of the Geneva Conventions into force through"special agreements.". It was considered that this LOAC classification change would not only give more formal legal protection to the captured terrorists and extremist insurgents, but also automatically rule out any further use of enhanced interrogation techniques to extract actionable intelligence from the detainees no matter how effective or successful they were which advocates of the classification change deemed inhumane and a form of torture illegal under CIL (see endnote for a discussion on torture, and refer to American President George W. Bushs argument provided in endnote #30 above).[33]. It also laid out rules for the daily lives of prisoners and established the International Red Cross as the main neutral organization responsible for collecting and transmitting data about prisoners of war and the wounded or killed. In order to be a Non-International armed conflict, either: (1) a minimum level of intensity in the hostilities must be reached, e.g. 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. In the territory of a High Contracting Party [State] between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol. Added 10/28/2021 4:10:29 PM This answer has been confirmed as correct and helpful. Hamdiarguedthat such detentionwas illegal under the Geneva Conventions, withoutexpress Congressional consent. a. Article 3 of the Geneva Conventions covered, for the first time, situations of non-international armed conflicts. In sum, the tragic results of government-imposed caveat constraints on national forces within these three international security missions springing from a crippling unwillingness within government to allow their national military forces to use force when necessary were the commission by hostile belligerents of war crimes against both civilians and civilian objects within the missions. While it is true that the criminal behaviour of terrorist unlawful combatants never negates the obligations and duties of lawful combatant military personnel to act in an upright manner in their own decisions and actions (the law of Tu Quoque/You also being no defence for crimes committed against the LOAC), by respecting, adhering to, and upholding the LOAC themselves in their comportment at all times within an armed conflict, the basic lack of reciprocity in the ongoing criminal nature, behaviour and deliberate intent of terrorist and terror-using combatants does continue to challenge and frustrate contemporary thinking on the matter. Adherence to the sanctions also gradually weakened as a number of governments France, Russia, Germany, and China, among others angled for oil contracts and other business opportunities with the Iraqis. Despite being signatory to the Conventions, there are some notable and often-criticized U.S. cases involving conduct that would otherwise be prohibited by the Conventions, such as Hamdi v. Rumsfield(2004). 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. Nearly all of the major principles of LOAC as well as associated treaty law are now considered CIL, most notably the following treaties: (a) The 1907 Hague Conventions IV (along with its annex of Hague Regulations), VII and IX relating to the Laws and Customs of War on Land; (c) The four 1949 Geneva Conventions relating to International inter-State conflict (but also including Common Article 3 relating to Non-International intra-State conflict in all four conventions), which provide protections to . [28] Modified images taken from: N. Shachtman, Afghan Air War Hits 3-Year Low, WIRED, 16 January 2012, https://www.wired.com/2012/01/afghan-air-war/, (accessed 1 May 2019); Operations and missions: past and present, North Atlantic Treaty Organization (NATO),25 April 2019, https://www.nato.int/cps/en/natohq/topics_52060.htm, (accessed 1 May 2019); L. Eptako, Then and Now: What Replaced the Toppled Saddam Statue?, PBS Newshour, 26 August 2010, https://www.pbs.org/newshour/world/saddam-statue, (accessed 1 May 2019); and B. [13] Derbyshire, 149.335 Introduction to LOAC, in Section One: Introduction to LOAC and Historical Development, 149.335 Law of Armed Conflict, op. At the time, some were concerned we werent pushing hard enough. After all, the State government regimes in Afghanistan and Iraq were indeed both clearly and successfully removed through warfare by a coalition of other States, and while the conflict evolved over time in both theatres to include multiple, non-State, regional insurgencies of extremist fighters waging war against both allied coalition forces and the new government apparatus of these States, the original coalition of States remained heavily involved in the prosecution of these wars towards the original goals of eliminating hostile Al Qaeda and other terrorist networks in these States and preventing any reestablishment of the terrorist networks in these States that would again present a direct threat to America and other freedom-loving, democratic nations around the world. Adopted in 2005 to add another emblem, the "red crystal," to the list of emblems used to identify neutral humanitarian aide workers. The principle of humane treatment requires that the wounded and sick, prisoners of war, civilians and other persons protected by IHL are treated humanely at all times. After World War I, it was clear the 1906 Convention and The Hague Convention of 1907 didnt go far enough. Among those contingents theoretically permitted by their governments and Rules of Engagement (ROE) to actually conduct these riot control operations, moreover, a substantial number of these national contingents were ill-trained, ill-equipped and ill-prepared to actually conduct riot control in actuality. [7] Additional Protocol I (API) Article 1(4). Additionally, the rights of interned persons were specifically enumerated, providing protections for those charged with crimes during wartime. The Geneva Convention was a series of international diplomatic meetings that produced a number of agreements, in particular the Humanitarian Law of Armed Conflicts, a group of international laws for the humane treatment of wounded or captured military personnel, medical personnel and non-military civilians during war or armed conflicts. Nobelprize.org.History of the Geneva Conventions. in the 1970's, any form of terrorism violates the human rights agreements and expectations ratified by many nations. The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but only if the opposing nation "accepts and applies the provisions" of the Conventions. [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. Indeed, it seemed to the U.S. government that they were in unchartered LOAC territory faced with a new class of non-State, unlawful combatant, in a new kind of international war against non-State terrorist militants and their State supporters/protectors, that was neither foreseen nor governed by the laws of war contained in the 1949 Geneva Conventions. All Rights Reserved. The Conventions apply to all cases of armed conflict between two or more signatory nations, even in the absence of a declaration of war. 83 and 128). [30], In a landmark case Hamdi v Rumsfeld, the U.S. Supreme Court overturned the U.S. governments inter-State International LOAC categorisation of the conflicts and ruled instead (with two dissenting judges) that these captured terrorists and insurgents were in fact non-State and unlawful Enemy combatants of intra-State, Non-International armed conflicts, since armed conflict was taking place against a non-State actor, the terrorist network Al Qaeda, in the territory of countries that were party to the Geneva Conventions (e.g. http://mro.massey.ac.nz/xmlui/handle/10179/6984, https://www.newyorker.com/magazine/1995/12/18/after-the-genocide, https://www.unhcr.org/news/latest/2004/8/412b5f904/kosovo-minorities-still-need-international-protection-says-unhcr.html, http://www.kosovo.net/pogrom_march/svinjare1/page_01.htm, https://casebook.icrc.org/glossary/non-international-armed-conflict, https://www.open.edu/openlearn/society-politics-law/the-use-force-international-law/content-section-2.1.3, http://www.redcross.int/EN/mag/magazine2005_2/24-25.htm, https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf, https://www.soc.mil/ARSOF_History/articles/v12n2_cjsotf_page_1.html, https://digitalample.com/the-clearest-9-11-world-trade-center-footage-on-the-internet/, https://www.wired.com/2012/01/afghan-air-war/, https://www.nato.int/cps/en/natohq/topics_52060.htm, https://www.pbs.org/newshour/world/saddam-statue, https://hiregi.com/2018/07/14/how-many-operation-iraqi-freedom-oif-campaigns-were-there/, http://www.defenselink.mil/home/features/Detainee_Affairs/, https://www.amazon.com/Spymasters-CIA-Crosshairs-Mandy-Patinkin/dp/B018T4TNHY, https://www.nytimes.com/2006/06/29/washington/29cnd-scotus.html, https://www.npr.org/templates/story/story.php?storyId=91425261, https://www.macleans.ca/news/world/the-decline-of-al-qaeda/, https://www.businessinsider.com/global-terrorist-attacks-past-20-years-in-maps-2017-5?r=US&IR=T, #23 Caveat Chaos in Kosovo: Divided Allies & Fettered Forces in NATOs KFOR Operation during the 2004 Kosovo Riots, #25 Laws of War Brief (Part 2): The Protections, Rights & Obligations of Civilian Non-Combatants & Military Combatants under the LOAC, NATO APPENDIX 1: The Ukraine NATO Membership & Nuclear Missile Crisis (Part 1), WAR ON TERROR: ISAF APPENDIX 10(b) List of National Caveats Imposed on Armed Forces by the 8 NATO Lead Nations of ISAF Regional Commandsin Afghanistan, 2002-2012, WAR ON TERROR: OEF APPENDIX List of Known National Caveats Imposed by OEF TCNs on National Armed Forces Deployed to Afghanistan, 2001-2012, WAR ON TERROR: Triumphs after Trials Progress Report, 2001-2021, WAR ON TERROR: ISAF APPENDIX 10(a) Table Displaying Caveat-Free or Caveat-Fettered Forces of the 8 NATO/ISAF Lead Nations during 6 Crucial COIN Years, 2007-2012, #40 In Videos: An International, Multilateral, Political & Strategic Failure The Fall of Kabul & the Lamentable Loss of the Anti-Terror & Democratic Republic of Afghanistan, 2001-2021, WAR ON TERROR: ISAF APPENDIX 9 Table Displaying Caveats Imposed by ISAF TCNs on Major and Minor Combat Manoeuvre Units (CMUs), 2006-2012, #36 The Art of Government: Military Servants, Political Masters, The People & the Purpose of the Military, WAR ON TERROR: ISAF APPENDIX 8(b) List of Known National Caveats Imposed on ISAF Major Force Units by TCNs in Afghanistan, 2001-2012, WAR ON TERROR: ISAF APPENDIX 8(a) Table Displaying Known ISAF Major Force Units Constrained by TCNs with National Caveats, 2001-2012, #39 Farewell Fallen Friend: Democratic Afghan Republic, 2001-2021, WAR ON TERROR: ISAF APPENDIX 7(b) List of Known National Caveats by Category Imposed by ISAF TCNs on National Forces, December 2001- December 2012, NATO OAP Caveats in Gulf of Aden (Somalia), Theory: Counter-Insurgency (COIN) Warfare, Theory: Mission Command (Delegation & Trust), UN MINUSCA Caveats in the Central African Republic. [12] The Additional Protocols, dealing expressly with the two categories of International (Additional Protocol I) and Non-International (Additional Protocol II) armed conflict, were written in 1977 in order to reflect this reality, and to express international concern that the victims of Non-International armed conflict likewise be afforded basic protections under the LOAC, especially given the great danger posed by armed groups to the lives of ordinary civilians in these high-intensity and highly-violent internal conflicts. [9], In order to be a Non-International armed conflict, either: (1) a minimum level of intensity in the hostilities must be reached, e.g. disturbances and tensions such as riots, isolated and sporadic acts of violence, or other acts of a similar nature, e.g. Given that most armed conflicts today are non-international, applying Common Article 3 is of the utmost importance. Seven new ratifications since 2000 have brought the total number of States Party to 194, making the Geneva Conventions universally applicable. While some civilizations showed compassion for the injured, helpless or innocent civilians, others tortured or slaughtered anyone in sight, no questions asked. CIL refers to practices in warfare that are so consistently upheld and adhered to by a majority of States on the world stage that they have become generally regarded as law. 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. Protocol I increased protections for civilians, military workers and journalists during international armed conflicts. The 1906 Convention replaced the First Geneva Convention of 1864. Our conclusion was that they wereGiven all of this information, and given that the CIA had made a judgement call based on this information, President Bush, in my opinion, would have been negligent. Cornell Law School Legal Information Institute. The Geneva Conventions of 1949 also laid out rules for protecting wounded, sick or shipwrecked armed forces at sea or on hospital ships as well as medical workers and civilians accompanying or treating military personnel. In 1906, the Swiss government arranged a conference of 35 states to review and update improvements to the First Geneva Convention. I took a look at the list of techniques. 4 of 8) It does not justify prohibited actions (correct) It justifies the use of overwhelming force, but not wanton destruction (correct) Humanity is a principle of the Law of War that addresses the immunity of peaceful populations and civilian objects from attack. The result was unanimous adoption in the fall of 2002 of UN Security Council Resolution 1441, which demanded a full accounting of progress in Iraqs weapons programs and a rigorous international inspection effort.
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