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Semelhante a HISTORY OF IHL.pptx (20)

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  1. 1. • International humanitarian law (IHL) is a set of rules that aim to limit the effects of armed conflict. • It places restrictions on the parties to a conflict regarding the means and methods of warfare used. • It protects people who are not, or are no longer, participating in hostilities. • It is also known as the law of war or the law of armed conflict. What is IHL?
  2. 2. IHL applies regardless of the legality of the conflict and is equally binding on all parties to the conflict.
  3. 3. IHL is one of the most powerful tools the international community has at its disposal to ensure the safety and dignity of people in times of war. It seeks to preserve a measure of humanity amidst conflict, with the guiding principle that even in war there are limits. Why is IHL important?
  4. 4. IHL is applicable only in case of an international or non-international armed conflict; in case of other situations of violence not reaching the threshold for armed conflict, such as internal disturbances, internal tensions and other forms of collective violence that do not amount to armed conflict… IHL is not applicable and such situations are regulated by human rights law and domestic law.
  5. 5. IHL governs the conduct of hostilities by the parties to a conflict and protects persons in enemy hands. It also: • requires the parties to a conflict to distinguish between combatants and civilians, and to refrain from attacking civilians; • prohibits or limits the use of weapons that are particularly cruel or that do not distinguish between combatants and civilians; • requires the parties to a conflict to care for the wounded and sick and to protect medical personnel; • requires the parties to a conflict to ensure that the dignity of prisoners of war and civilian internees is preserved, in particular by allowing visits by ICRC delegates. How does IHL protect?
  6. 6. IHL applies in three situations: 1. international armed conflicts, which involve at least two countries; 2. situations where the whole or part of a country’s territory is occupied by a foreign power; 3. armed conflicts that arise within a country between a government and one or more organized armed groups, or between various organized armed groups. When does IHL apply? IHL applies to all parties to a conflict, regardless of who started it.
  7. 7. IHL protects combatants and those who are not, or are no longer, participating in hostilities, such as: •• civilians; •• medical and religious personnel; •• wounded, shipwrecked and sick combatants; •• prisoners of war; •• civilian internees. WHOM DOES IHL PROTECT? Recognizing their specific needs, IHL grants women and children additional protection.
  9. 9. • Napoleonic Wars in Europe (1803–1815) • American Civil War (1861–1865) • War is as old as mankind, and all civilizations and religions have tried to limit its devastating effects by subjecting warriors to customary practices, codes of honour and local or temporary agreements with the adversary
  10. 10. Henry Dunant, a Swiss businessman, and Guillaume-Henri Dufour, a Swiss army officer. In 1863, together with Gustave Moynier, Louis Appia and Théodore Maunoir, Dunant and Dufour founded the ‘Committee of Five’, an international committee for the relief of the military wounded. This would become the International Committee of the Red Cross in 1876.
  11. 11. Un souvenir de Solferino (A Memory of Solferino), in which he made essentially two proposals. First, independent relief organizations should be established to provide care to wounded soldiers on the battlefield Second, an international agreement should be reached to grant such organizations the protection of neutrality.
  12. 12. The Swiss government, at the prompting of the five founding members of the ICRC, convened a diplomatic conference in 1864. It was attended by 16 States, who adopted the Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. That was the birth of modern IHL.
  13. 13. After World War II… the 1949 Diplomatic Conference adopted a revised and completed set of four Geneva Conventions; 1.the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (First Geneva Convention), 2.the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Second Geneva Convention), 3.the Convention relative to the Treatment of Prisoners of War (Third Geneva Convention) 4.the Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention). 1954 The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
  14. 14. • War between sovereign States (international armed conflicts) • War between governments and organized armed groups (non-international armed conflicts) • Wars of national liberation DOUBLE CLASSIFICATION A situation may be classified as more than one armed conflict. This happens for instance in certain cases of foreign intervention, or when a State is fighting against both an armed group and another State.
  15. 15. Proliferation of non- international PROXY WARS between governments and organized armed groups, in which each side was supported by one of the superpowers.
  16. 16. CONTEMPORARY CHALLENGES The “war on terror” and the rise of organized crime
  17. 17. The decade-long nuclear stalemate between superpowers was no longer perceived as the world’s foremost security concern, and the focus shifted to the vulnerability of modern, globalized society to the harm caused by sophisticated TERRORIST GROUPS and other forms of transnational organized crime.
  18. 18. • Can all or part of the global “war on terror” be regarded as an armed conflict governed by IHL? • If so, what are the geographic delimitations of this conflict and how does IHL interrelate with human rights law? • What is the legal status of suspected terrorists, including those deprived of their liberty? • Are they “unprivileged” combatants subject to direct attack? • Or are they civilian criminals subject to arrest and prosecution under the rules of law enforcement?
  19. 19. • Once captured, are they entitled to combatant and prisoner-of-war status, or are they to be treated as civilian internees? • What are the judicial guarantees and procedural rights of persons interned or prosecuted for their alleged involvement in transnational terrorism? • What limits does the prohibition of torture and inhumane treatment impose on interrogation methods used to avert a perceived imminent terrorist threat?
  20. 20. TRANSNATIONAL ORGANIZED CRIME becoming a primary international security concern counter-narcotics counter-piracy operations urban gang warfare mass hostage-taking
  21. 21. the distinction between peace and armed conflict and between policing and military hostilities, is becoming increasingly blurred, and there is growing confusion as to the legal standards governing such situations.
  22. 22. Asymmetric conflicts and the challenge to non- reciprocity Since the end of the Cold War, armed conflicts have become increasingly ASYMMETRIC, typically pitting overwhelmingly powerful States against often poorly organized and equipped armed groups.
  23. 23. The enormous technological and military superiority of the States involved has led opposition groups to avoid identification and defeat by moving underground, intermingling with the civilian population and engaging in various forms of guerrilla warfare.
  24. 24. military confrontations often take place in the midst of densely populated areas, which not only exposes the civilian population to increased risks of incidental harm, but also facilitates the direct participation of civilians in hostilities
  25. 25. unable to prevail in direct confrontations with the enemy, armed groups are increasingly tempted to resort to means and methods prohibited by IHL, such as mis-using civilian clothing to perfidiously kill, wound or capture an adversary, conducting indiscriminate attacks, or even directly targeting civilians, humanitarian or medical personnel and their infrastructure (so- called “soft-targets”)
  26. 26. this trend has put considerable strain on the concepts of non-reciprocity and the equality of belligerents and, unfortunately, on the willingness of both State armed forces and non-State armed groups to accept their obligations under IHL…
  27. 27. Privatization and civilianization of military and security activities IHL does not prohibit the outsourcing of military and security functions but even stipulates that civilians formally authorized to accompany the armed forces in an international armed conflict be entitled to prisoner-of-war status upon capture
  28. 28. The past decade, however, has seen an unprecedented trend towards the outsourcing of functions traditionally assumed by State armed forces to private military and security companies.
  29. 29. The privatization of military functions… • it must be emphasized that States cannot, through the practice of out sourcing, absolve themselves of their legal responsibilities under IHL. • whatever their functions or activities may be, private contractors never fall outside the protection of IHL.
  30. 30. New weapons technologies
  31. 31. Where IHL is applicable, the systematic use of drones raises concerns with regard to the reliability of the targeting information used, the exposure of the civilian population to incidental harm, and the inability of the attacker to care for the wounded, or to capture rather than kill. Remote-controlled Drones
  32. 32. it is unclear whether cyber operations, in and of themselves, could give rise to an armed conflict and, thus, trigger the applicability of IHL
  33. 33. Nanotechnology and autonomous weapons • this prospect clearly raises questions as to the operational control of such weapon systems and the legal and criminal responsibility for the harm done by them in case of actions violating IHL.
  34. 34. Respect for IHL
  35. 35. The most urgent humanitarian need is not to adopt new rules but rather to ensure actual compliance with the existing legal framework.
  36. 36. Thank You

Notas do Editor

  • At the same time, efforts to avoid unnecessary suffering among combatants and to minimize incidental harm to civilians have resulted in a range of international conventions and protocols prohibiting or restricting the development, stockpiling or use of various weapons, including chemical and biological weapons, incendiary weapons, blinding laser weapons, landmines and cluster munitions.