EDUCACIÓN EN DERECHO INTERNACIONAL HUMANITARIO Alexandra Boivin XXIV CursoInterdisciplinario en Derechos Humanos: Educación en Derechos Humanos San José, 1 September 2006
OUTLINE I. Introduction to the ICRC II. III. IV. Introduction to IHL ICRC & Academic circles Approach & Methodology
I. THE ICRC What is the ICRC? For whom does the ICRC work? What does the ICRC do? How does the ICRC work?
SUI GENERIS ORGANISATION DUAL CHARACTER 1. Private nature 2. International function
MISSION STATEMENT The ICRC is an impartial, neutral and independent organisation whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and provide them with assistance. It directs and coordinates the international relief activities of the Movement in situations of conflict. It also endeavours to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles.
ICRC ACTION PROTECT ASSIST PREVENT COOPERATE
"GUARDIAN OF IHL" In times of peace In times of armed conflict at the beginning of hostilities when violations of IHL occur At any given time, IHL must serve the cause of victims of armed conflict
II. IHL What is IHL? When does IHL apply? What are the sources of IHL? IHL v. HR?
DEFINITION Set of rules that limit the effects of armed conflict by: 1. protecting those who do not or no longer take part in hostilities and 2. regulating means and methods of warfare. IHL is also known as the laws of war or the laws of armed conflict
STRIKING A BALANCE
WHEN DOES IHL APPLY? international armed conflict non-international armed conflict internal tension or disturbances
GENEVA CONVENTIONS Wounded and sick soldiers on land Wounded, sick and shipwrecked soldiers at sea Prisoners of war Civilians
ADDITIONAL PROTOCOLS Additional Protocol I Rules governing international armed conflict Additional Protocol II Rules governing non-international armed conflict
IHL & HUMAN RIGHTS HUMAN RIGHTS COMPLEMENTARY PROVISIONS IHL Freedom of expression Freedom of assembly Right to education Right to life Prohibition against torture Child protection Prohibition of slavery Prohibition of sexual violence Fair trial Protection of wounded, sick and shipwrecked Protection of PoWs and detainees Conduct of hostilities
III. ICRC & ACADEMIC CIRCLES Why work with academic circles? For how long has the ICRC been involved with academic circles? Where does the ICRC work with academic circles?
OBLIGATION OF STATES "The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may becomeknown to the entire population" Article 47, 1949 Geneva Covention I
PREVENT VIOLATIONS Students = Future decision-makers, opinionleaders and arms carriers Professors = Path to students (leaders of tomorrow) but also influential actors today
TEN YEARS ON 1997: ICRC begins to systematically target academic circles 2006: almost 100% of ICRC delegations work with students and teachers Lessons learnt Future: support global network of IHL experts
ON EVERY CONTINENT Former Soviet Union Working with education authorities Asia Countries with large number of universities but little tradition of teaching international law Africa & Middle East IHL extremely relevant but severely challenged by recent history Europe Focus on the Balkans in era of reconstruction (ICTY) Latin America Autonomy of universities, strong tradition of teaching international law, today ICRC faces challenge of relevance North America Working with national societies
IV. APPROACH & METHODOLOGY What universities? What students? How to raise interest? What type of support? What type of teaching?
SELECTIVITY 1. Access to future leaders 2. Viability of integrating teaching of IHL 3. Immediacy of impact
OWNERSHIP IHL DOES NOT BELONG TO THE ICRC ICRC AS CATALYST
BUILDING MOMENTUM MAKING IHL RELEVANT! Launching IHL competitions Supporting research initiatives Providing updated information on developments in field of IHL Sharing ICRC's experience of conflict and identifying common interests
SUPPORT Training professors Developing pedagogical tools Providing course syllabi Distributing IHL libraries
INTERACTIVE TEACHING Case studies Involving practitioners Humanitarian workers Instructors or legal advisers from armed forces legal advisers with experience in implementation or negotiation of IHL treaties
WELCOME TO SAN JUAN
HOW DOES LAW PROTECT IN WAR?
HOW DOES LAW PROTECT IN WAR? Published in English in 1999 and updated in 2006 French version published in 2003 Part of the casebook available in Spanish
Part I Overview of IHL Part II Teaching Outlines Part III Cases and Documents A. IHL in general B. relating to past and contemporary conflicts
EXAMPLES OF CASES VII. Cuba XVI. Chile XVII. Conflicts in Central America XVIII. Grenada XIX. US Operation in Panama XXV. Argentina and Falklands/Malvinas XXX. Colombia
QUESTIONS on the ICRC? on IHL? on teaching? on San Juan? MUCHAS GRACIAS