the law of war requires humane treatment for military

Figure 12.5 Anti-Government Enemy Insurgents: Photos of Taliban & Neo-Taliban insurgents operating in Afghanistan between 2010-2014.[35]. After we implemented the CIA program, we briefed a small number of lawmakers from both parties on its existence. Article 3 of the Geneva Conventions covered, for the first time, situations of non-international armed conflicts. The fact also remains that terrorists operating within conflict zones are, by intent and design, mass-murdering criminals, who conduct illegal activities using prohibited means and methods, and who, by their very nature and purpose, do not themselves respect or adhere to the rules prescribed in Common Article 3, and give no fundamentally humane treatment to either military or civilian combatants or non-combatants, either in the course of their fighting or upon capture when held in their power. As military professionals, [Tommy] Franks and I spent many hours examining the reasons for attacking Iraq, and asking ourselves if they were sound. The controversy especially concerned Americas use of CIA/Department of Justice government-approved enhanced interrogation techniques to extract information from approximately 33 uncooperative detainees on plans for future terrorist attacks and the members and organisational structure of the Al Qaeda terrorist network. [20], The obligations contained in these treaties, outlined above, are so generally accepted and upheld, they are now regarded as legally binding on all States in the world including States that are not in fact ratifying Parties to the treaties themselves. Last updated in June of 2017 by Stephanie Jurkowski. The Court rejected this argument andheld that consent exised since September 11, 2001, through an Authorization for Use of Military Forces (AUMF), a Congressional resolution which empowered the President to use all necessary and appropriate forces against any nations, organizations, or personsthat he determinedto have planned, authorized,committed, or aided in the September 11, 2001attacks. Humane treatment | How does law protect in war? - Online casebook All cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Common Article 3 requires the humane treatment of all persons taking no active part in the hostilities - this includes persons who have laid down their arms, or are hors de combat (i.e. USA, Al-Shimari v. CACI Premier Technology, Inc. Central African Republic, Report of the UN Independent Expert, July 2016, Iraq: Situation of Internally Displaced Persons, Syria, Report by UN Commission of Inquiry (March 2017), Israel/Palestine, Accountability for the Use of Lethal Force, UN/Colombia, Human Rights Committee Clarifications and Concluding Observations (2016), International Criminal Court, Trial Judgment in the Case of the Prosecutor V. Jean-Pierre Bemba Gombo, Eastern Ukraine, OHCHR Report on the Situation: November 2016 - February 2017, South Sudan, AU Commission of Inquiry on South Sudan, Treaties, States Parties and Commentaries, Medical personnel, facilities and transports, General Statements on International Humanitarian Law, Chronology of Cases and Documents Relating to Past and Contemporary Conflicts. The Statemay hand the suspect over to another Stateor an international tribunal for trial. [31] Paradoxically, the court also ruled simultaneously that these captured terrorists and terror-using insurgents be givena right normally given to civilians taking a direct part in hostilities during International armed conflict in Article 75 of Geneva Convention IV namely the right to challenge death sentences (a ruling later expanded to include the right to challenge basic detention in the Boumediene v. Bush case in 2008).[32]. The new updates stated all prisoners must be treated with compassion and live in humane conditions. While some civilizations showed compassion for the injured, helpless or innocent civilians, others tortured or slaughtered anyone in sight, no questions asked. In addition, children should be well cared for and educated, and the following is prohibited: In 2005, a Protocol was created to recognize the symbol of the red crystalin addition to the red cross, the red crescent and the red shield of Davidas universal emblems of identification and protection in armed conflicts. . 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. Trailer #12: SEAL Team Low-Impact (High-Risk) (2022, Series 6, Episode 1) [American SOF Forces, Burkina Faso/Mali]. Law of War - Army Education Benefits Blog [1] Winston S. Churchill, Memoirs of the Second World War An abridgement of the six volumes of The Second World War, New York: Houghton Mifflin Company, 1959, p. 12. Save my name, email, and website in this browser for the next time I comment. Once armed conflict breaks out, the exact laws of war and regulations that govern the hostility depends largely on its classification as either an International or Non-International armed conflict. To better illustrate this point, the following comprises a list of the known various terrorist plots and attacks that were prevented or stopped by the U.S. as a result of the CIAs enhanced interrogation programme during the early 2000s (among many other terrorist plots that remain classified and are therefore unknown to the general public): (1) the 2002 U.S. West Coast Airliner Plot; (6) the 2004 United Kingdom (UK) Urban Targets Plot; Furthermore, according to the U.S. Department of Defense, as a direct result of the enhanced interrogation program the CIA was also able to successfully: (Bush, Decision Points, ibid., p. 171; United States Department of Defense (U.S. DoD), Summary of the High Value Terrorist Detainee Program, Office of the Director of National Intelligence, Washington DC 20511, Military Commission Proceedings at Guantanamo Bay, 2008, http://www.defenselink.mil/home/features/Detainee_Affairs/, (accessed 12 September 2008); U.S. DoD, JTF-GTMO Information on Detainees, Military Commission Proceedings at Guantanamo Bay, 4 March 2005, http://www.defenselink.mil/home/features/Detainee_Affairs/, (accessed 12 September 2008)). [35] Modified images taken from the International Herald Tribune, www.iht.com, and ABC News, www.abc.news,(accessed 14 January 2011). Another technique was waterboarding, a process of simulated drowning. Your email address will not be published. [10], Non-International armed conflicts typically involve civil wars in which: (a) the government of a State is using its regular armed forces to fight against one or more identifiable, dissident armed groups operating within the territory of the State; or (b) armed and hostile fighting is taking place between dissident, rival armed groups within a State, that does not involve the government, but nevertheless requires the government to act to restore security and stability to the State.[11]. [4], (1) To ensure minimum protections are given to the victims of war during armed conflict; and. (4) Civilian persons in time of war (Geneva Convention IV). American Red Cross.The Battle of Solferino. receive humane treatment, to have contact with humanitarian organizations, and . Subsequently a preventative pre-emptive war took place in Iraq against Saddam Husseins dictatorship during 2003, which: firstly, had been meeting with senior Al Qaeda leaders; secondly, was cooperating with and housing Al Qaeda members at a chemical and biological weapons-testing laboratory situated at an Iraqi base near the Iranian border (including the notorious Al Qaeda attack-planner, Abu Musab al-Zarqawi); and thirdly, was strongly suspected internationally of having stockpiles of illegal biological and chemical Weapons of Mass destruction (WMD),in addition to nuclear material from its nuclear development programme, that, given the regimes long and proven record of support for terrorism, it was feared Saddam might easily give or sell to Al Qaeda terrorists to enhance and further their attacks in America and around the world (see endnote). The duty to obey the LOAC is so forceful that it demands obedience even to the extent of disobeying national superior orders that are perceived to be manifestly unlawful under the LOAC. The agreements originated in 1864 and were significantly updated in 1949 after World War II. It also identified new protections and rights of civilian populations. According to the American Red Cross, the new articles also added provisions to protect: Article 9 of the Convention specified the Red Cross has the right to assist the wounded and sick and provide humanitarian aid. The LOAC also permits the handcuffing or physical restraining of persons for the purpose of interrogating them, as well as isolation methods, so long as these are temporary measures used only when strictly necessary militarily (Ibid., p. 35). No one size fits all legal approach to terrorism, particularly as to the judicial nature of the situation and the classification of suspected terrorists, is, or has proved to be, feasible in practice., With regard to the highly controversial Iraq War, the U.S. Marine Corps former Deputy Commander of U.S. CENTCOM, Lieutenant General (LTGEN) Michael DeLong, stated in 2007 that: Although we wondered about the timing, we never wondered about the rightness of removing Saddam from power. 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 humane treatment for all military personnel hors de combat or taken Prisoner of War in International armed conflicts, all persons not taking an active part in hostilities within a Non-International armed conflict be likewise treated humanely in all circumstances, regardless of race, colour, religion, sex, birth, wealth or any other similar criteria. Young, How May Operation Iraqi Freedom [OIF] Campaigns Were There?, HIRE G.I., 14 July 2018, https://hiregi.com/2018/07/14/how-many-operation-iraqi-freedom-oif-campaigns-were-there/, (accessed 1 May 2019). Enter your email address to subscribe to this blog and receive notifications of new posts by email. All articles are regularly reviewed and updated by the HISTORY.com team. 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 not to act (DeLong, A General Speaks Out, ibid., pp.66, 69). This agreement extended the protections described in the first Convention to shipwrecked soldiers and other naval forces, including special protections afforded to hospital ships. Three were water-boarded. When it did, we would open ourselves up to criticism that America had compromised our moral values. 80-81). c. In accordance with DoDD 2311.01, all persons subject to this issuance will report Gain critical insight into the Al Qaeda terrorist network, including its structure, organisation, profiling, recruitment, casing and agenda; Open up new leads to terrorists and terrorist plots; Provide locational information on Al Qaeda managers and operatives; Make arrests of active Al Qaeda operatives and cells posing serious threats; Identify real names and roles of individuals within Al Qaeda; Identify individuals actively seeking chemical, biological and nuclear weapons; Expand the U.S. and its partners understanding of Al Qaeda, and other terrorist organisations, including the extent of their operations in the world; and. [22] Common Article 3 to the Geneva Conventions 1949. In 1929, updates were made to further the civilized treatment of prisoners of war. By 2003, most governments and intelligence services had concluded that Saddam had been successful in resuming his weapons programs. Indeed, the sanctity and power of the LOAC holds true universally and applies equally to all military service men and women operating in conflict theatres around the globe in multinational military operations past, present and future. [21] Derbyshire, 149.335 Introduction to LOAC, in Section One: Introduction to LOAC and Historical Development, 149.335 Law of Armed Conflict, ibid., p. 14. This means that ratified laws of the LOAC must be applied and adhered to by the nations armed forces at all times during peacetime, during war, and during all the various stages of the war spectrum in-between these conflict poles, ranging from non-kinetic and non-traditional peacekeeping operations, at one end of the spectrum, to overtly kinetic, offensive warfare operations, on the other. As a result, the Geneva Conventions were expanded in 1949 to protect non-combatant civilians. There were two that I felt went too far, even if they were legal. Post was not sent - check your email addresses! The signing Nations agreed to further restrictions on the treatment of "protected persons" according to the original Conventions, and clarification of the terms used in the Conventions was introduced. In the wake of 9/11, that was a risk I was unwilling to take. The new updates stated all prisoners must be treated with compassion and live in humane conditions. To give humane treatment is to give due mercy and regard to the welfare of fellow human beings under your power in any given situation.[22]. . All service men and women on military operations worldwide have a personal duty and obligation to act lawfully by obeying the LOAC during their service in the military, no-matter the military situation in peace or in war, and no-matter the location of deployment at home or abroad. But if you see something that doesn't look right, click here to contact us! 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. Israel/Palestine, Operation Protective Edge (Gaza, 13 June - 26 August 2014), Libya, Report of the Office of the UN High Commissioner for Human Rights (2014/15). Law of war - Limits on the methods and means of war [12] Customary International Humanitarian Law, The Magazine of the International Red Cross and Red Crescent Movement [Magazine], 2005, p. 2, http://www.redcross.int/EN/mag/magazine2005_2/24-25.htm (accessed 28 August 2008). I'll also focus on Department of Defense policies with respect to the law of war and the current conflict with Iraq and Iraqi violations of the law of war. This. PDF THE LAW OF ARMED CONFLICT - International Committee of the Red Cross But. That was not true. This convention produced a treaty designed to protect wounded and sick soldiers during wartime. The U.N. calls for the humane treatment of prisoners of war, citing talk of summary executions. The Law of War establishes: - Weegy International Committee of the Red Cross.Geneva Conventions. The principle seeks to ensure that the physical integrity of captured/detained persons is not violated, that they are not subjected to any form of torture or ill treatment. 3 of 8) All of the above The Law of War requires humane treatment for military personnel who are out of combat (hors de combat) due to capture by enemy forces. This variation in interpretation is especially apparent with respect to, or in contrast to, practices of lawful interrogation in response to national security threats or during national security emergencies where the State is seeking to fulfil its primary responsibility and duty to protect the lives of its citizens. Civilians and detained combatants or fighters are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs. [8], Internal security emergencies within a State, i.e. Of immediate relevance for the operation of military medical services, the ICRC's 2016 Commentary observes that the Article 12(4) obligation requires planning and analysis of the military healthcare system, andcruciallyrequires parties to 'consider how the roles and patterns formed by the social, economic, cultural or political . [32] Derbyshire, Section Ten: Internees, Detainees and Torture, 149.335 Law of Armed Conflict, op. Finally, it discusses how occupiers are to treat an occupied populace. 81-82 in Geneva Convention III, and pp. So I supported Bush 43s decision to invade and bring Saddam down. [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. Fresh conventions are constantly under negotiation and in the absence of such agreements States are bound by customary international law which is always evolvingThese observations are as applicable today as they were then. They charged that Americans had committed unlawful torture. America Is Giving the World a Disturbing New Kind of War - New York Times (2) The laws of war do not apply; the US military has a free hand. The Conventions apply to all cases ofdeclared warbetween signatory nations. The Law of War establishes: - Weegy Had we captured more al Qaeda operatives with significant intelligence value, I would have used the program for them as well (Bush, Decision Points, ibid., pp. To suggest that our intelligence personnel violated the law by following the legal guidance they received is insulting and wrong. 100, April 24, 1863) was the military law that governed the wartime conduct of the Union Army by defining and describing command responsibility for war crimes and crimes against humanity; and the military responsibilities of the Union soldier fighting the American Civil War (1861-1865) against the Confederate States of America. 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. [33] Under the 1949 Geneva Conventions it is prohibited to torture non-combatant civilians,hors de combatwounded, sick or PW military personnel,or other lawful combatants during an armed conflict. International armed conflict is defined in Common Article 2 of the Geneva Conventions as: All cases of declared war, or of any other armed conflict, which may arise between two or more of the High Contracting Parties (States), even if the state of war is not recognised by one of them, All cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. In 1859, Genevan businessman Henry Dunant traveled to Emperor Napoleon IIIs headquarters in northern Italy to seek land rights for a business venture. Nevertheless, the complexity of modern war has not signalled an end to the IAC and NIAC LOAC categorisation of armed conflicts. disturbances and tensions such as riots, isolated and sporadic acts of violence, or other acts of a similar nature, e.g. reaffirming this belief, the 1949 geneva conventions specifically prohibited terrorism and required humane treatment of civilians. [14] Derbyshire, 149.335 Prevention and Punishment of Breaches of LOAC, in Section Twelve: International Criminal Court and Enforcement, 149.335 Law of Armed Conflict, ibid., p. 10. In sum, International armed conflict (IAC) may be regarded as largely inter-State conflict, that is, conflict that takes place between States, which following World War II (WWII) in 1949 was considered the prevailing form of conflict in a State-centered international system. Alluded to briefly in Common Article 3 of the 1949 Geneva Conventions, and then much more fully in Additional Protocol II of 1977, Non-International armed conflict refers to all armed conflict that takes place: 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. (3) Unchecked ethnic cleansing in Kosovo involving the deliberate destruction or razing of homes in the cities as well as in the countryside (including the burning of entire villages and the forced displacement of their inhabitants), and targeted destruction of sites of great historical import or cultural significance to the local Serb civilian population, including multiple places of worship (one of which, like Notre Dame in Paris, was a UNESCO World Heritage site, dating from the 14th century). As military professionals, [Tommy] Franks and I spent many hours examining the reasons for attacking Iraq, and asking ourselves if they were sound. Required fields are marked *, You may use these HTML tags and attributes:

. It specifically prohibits murder, mutilation. Types vary greatly andinclude traditional civil wars or internal armed conflicts that spill over into other States, as well as internal conflicts in which third-party States or multinational forces intervene alongside the government. In Hamdi,a U.S. citizen wasaccused of being a member of the Taliban forceson U.S. soil as an "enemy combatant," and was detained by unilateral Executive decision;The U.S. Supreme Court ruled on the validity of his detention. 31, 32; Under this body of International Humanitarian Law for the conduct of war, known as the LOAC, all laws and conventions on armed conflict that have been ratified by a State are binding on that States armed forces and applies in all military situations, whether or not war has been formally declared or recognised.[13]. 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. 3 of 8) Protection against threats or acts of violence Protection against public curiosity [10] Non-international armed conflict, ICRC Casebook How does Law protect in War?, 2019, https://casebook.icrc.org/glossary/non-international-armed-conflict, (accessed 23 April 2019). Added 10/28/2021 4:10:29 PM This answer has been confirmed as correct and helpful. The first Convention was initiated by what is now theInternational Committee for the Red Cross and Red Crescent(ICRC). Terrorism and The International Law of War The 1991 gulf war was the first international conflict that Human Rights Watch examined for violations of the law of war and the first in which military lawyers helped pick targets. when the government is obliged to use military armed forces against dissident insurgents, instead of simply the police force; or (2) non-government dissident groups must possess organized armed forces sufficient to render them parties to the conflict, meaning that they are operating under some kind of command structure and have the capacity to sustain military operations within the State. Ratification grew steadily through the decades: 74 States ratified the Conventions during the 1950s, 48 States did so during the 1960s, 20 States signed on during the 1970s, and another 20 States did so during the 1980s. The sanctions were not working, the inspections were unsatisfactory, and we could not get Saddam to leave by other meansBased on what I read and my knowledge of Saddams behavior in the 1980s and early 1990s it seemed highly likely to me that he had resumed working on weapons of mass destruction, that the sanctions were largely ineffective, and that the man was a very dangerous megalomaniac. 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. Perhaps the most important and pressing evolution of CIL in recent decades concerns the treatment of captured Al Qaeda/Islamist terrorists, and terror-using insurgents (e.g. United States, Jurisprudence Related to the Bombing of the U.S.S Cole. Specifically, it required POWs to give only their names, ranks, and serial numbers to their captors. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Geneva, 6 July 1906. International Committee of the Red Cross.Treaties, States, Parties, and Commentaries: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. International Committee of the Red Cross.Treaties, States Parties, and Commentaries: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977. International Committee of the Red Cross. The complexity of modern conflict today however with wars increasingly involving features of, In a clinical sense, any armed conflict that does not conform to the IAC definition provided in Common Article 2 of the Geneva Conventions or Article 1 of Additional Protocol I must. In order to be a Non-International armed conflict, either: (1) a minimum level of intensity in the hostilities must be reached, e.g. when the government is obliged to use military armed forces against dissident insurgents, instead of simply the police force; or (2) non-government dissident groups must possess organized armed forces sufficient to render them parties to the conflict, meaning that they are operating under some kind of command structure and have the capacity to sustain military operations within the State. Other emblems were later recognized, and the Geneva Conventions of 1949, the main topic of this article, confirmed them all. Protocol I increased protections for civilians, military workers and journalists during international armed conflicts. The Geneva Conventions are a series of treatieson the treatment of civilians, prisoners of war (POWs) and soldiers who are otherwise rendered hors de combat (French, literally "outside the fight"), or incapable of fighting.

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