INTERNATIONAL COMMITTEE OF THE RED CROSS: INTERNATIONAL HUMANITARIAN LAW WORKSHOP

Similar documents
EU GUIDELINES on INTERNATIONAL HUMANITARIAN LAW

Targeting People: Direct Participation in the Conduct of Hostilities DR. GENTIAN ZYBERI NORWEGIAN CENTRE FOR HUMAN RIGHTS UNIVERSITY OF OSLO

Establishment of National IHL Committee by High Contracting Party under Geneva Conventions of 1949: Case of Pakistan and the Islmic outlook

Implementation of International Humanitarian Law. by Antoine Bouvier Legal Adviser, ICRC Geneva

Chapter 3: The Legal Framework

Supreme Court of the United States

PROGRAMME OF WORKSHOPS AND SIDE EVENTS TO BE HELD. 30 th INTERNATIONAL CONFERENCE DURING THE 30 TH INTERNATIONAL CONFERENCE. 30IC/07 Original: English

Modified Objectives. Flight path preview. Conflict Classification (plus a little extra) Know the three categories of armed conflict

Implementation of International Humanitarian Law. Dr. Benarji Chakka Associate Professor

ACCESSION TO THE GENEVA CONVENTIONS OF 1949 AND THEIR ADDITIONAL PROTOCOLS BY JAPAN EMPIRE 8 MARCH 2014

Dear students: This presentation is a text version of the presentation that was given in lecture # 1, since presentations with certain animations

International Humanitarian Law

THEO VAN BANNING MAGDALENA SEPULVEDA GuDRUN D. GuDMUNDSDOTTIR AND CHRISTINE CHAMOUN HUMAN RIGHTS INSTRUMENTS

Internment in Armed Conflict: Basic Rules and Challenges. International Committee of the Red Cross (ICRC) Opinion Paper, November 2014

MARCO SASSÒLI & ANTOINE A. BOUVIER UN DROIT DANS LA GUERRE? (GENÈVE : COMITÉ INTERNATIONAL DE LA CROIX-ROUGE, 2003) By Natalie Wagner

HUMAN INTERNATIONAL LAW

CHAPTER 1 BASIC RULES AND PRINCIPLES

1. 4. Legal Framework for United Nations Peacekeeping. L e s s o n

The role of the media during armed conflicts

Non-international Armed Conflicts (NIACs) and Combatant Status. Cecilie Hellestveit NCHR/UiO

THE RED CROSS AND THE GENEVA CONVENTIONS 60 YEARS ON

A. Yugoslavia/Croatia, Memorandum of Understanding of November 27, 1991

Measures undertaken by the Government of Romania in order to disseminate and implement the international humanitarian law

Adoption of an Additional Distinctive Emblem

Myanmar: International Human Rights Commitments

EDUCACIÓN EN DERECHO INTERNACIONAL HUMANITARIO

Q & A: What is Additional Protocol I to the Geneva Conventions and Should the US Ratify It?

The Harmonization Project: Improving Compliance with the Law of War in Non- International Armed Conflicts

A/HRC/WG.6/10/NRU/2. General Assembly. United Nations

Strengthening Legal Protection for Persons deprived of their Liberty in relation to Non-International Armed Conflict. Regional Consultations

UNITED NATIONS OFFICE OF LEGAL AFFAIRS

SUMMARY PRESENTATION OF THE SIDE EVENTS TO BE HELD DURING THE 30 TH INTERNATIONAL CONFERENCE. 30 th INTERNATIONAL CONFERENCE

PART 1 : RECOMMENDATIONS OF THE ICRC PART 2 : RECOMMENDATIONS AND COMMENTARY

The updated ICRC Commentary on the Second Geneva Convention: Demystifying the law of armed conflict at sea

The protection of cultural property in Romania is ensured through an extensive and complex normative system (Annex I).

Guidelines for Assessing the Compatibility between National Law and Obligations under Treaties of International Humanitarian Law

On the 13th and 14th of November 2017

SANTA CLARA UNIVERSITY SCHOOL OF LAW INTERNATIONAL REFUGEE AND IMMIGRATION LAW AND COMPARATIVE ASPECTS OF SOCIAL JUSTICE Profs. Abriel and Poynder

AMNESTY INTERNATIONAL REPORT 1997

MODEL LAW ON THE EMBLEMS

The Syrian Conflict and International Humanitarian Law

CRPD/C/18/1. Convention on the Rights of Persons with Disabilities. United Nations. Annotated provisional agenda

THE LAW OF LAND WARFARE

SYLLABUS for PACE 485 (Distributed January 2008) Topics in Peace and Conflict Resolution: Section 2: HUMAN RIGHTS AND PEACE

RUSSIA & UKRAINE: INTERNATIONAL LAW AND SELF DETERMINATION. Patrick McGuiness

Model law 1 concerning the use and the protection of the emblem of the red cross, the red crescent and the red crystal 2

NUCLEAR DISARMAMENT: AN OVERVIEW OF CUSTOMARY INTERNATIONAL LAW

HUMAN RIGHTS AND INTERNAL CONFLICTS: SOME ASPECTS OF THE UNITED NATIONS APPROACH*

CRPD/C/20/1. Convention on the Rights of Persons with Disabilities. United Nations. Annotated provisional agenda

Situation of women and girls in Afghanistan

SUMMARY TABLE OF IHL PROVISIONS

COUNCIL OF DELEGATES SEOUL, NOVEMBER 2005 RESOLUTIONS

DIRECT PARTICIPATION IN HOSTILITIES

Detention in Peace Support Operations. Dr. Tristan Ferraro Legal Adviser ICRC Geneva

OUP Reference: ILDC 797 (NL 2007)

Consequences under International Humanitarian Law for Civilians Who Take a Direct Part in Hostilities

Attacks on Medical Units in International Humanitarian and Human Rights Law

CHALLENGES OF TWENTY-FIRST CENTURY CONFLICTS: A LOOK AT DIRECT PARTICIPATION IN HOSTILITIES

CONTACT US. Plot No. 11, Knowledge Park -II, Greater Noida,

Published on How does law protect in war? - Online casebook (

The Role of Nonstate Entities in Developing and Promoting International Humanitarian Law

World Congress on Juvenile Justice

GENERAL ASSEMBLY UNITED NATIONS. v Distr. GENERAL. A/CN.9/ March 1991

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

Teaching International Humanitarian Law

SELECTED BACKGROUND DOCUMENTS CARIBBEAN REGIONAL CONFERENCE ON THE PROTECTION OF VULNERABLE PERSONS IN MIXED MIGRATION FLOWS

Daily précis of the Diplomatic Conference

International humanitarian law and the protection of war victims

Is There a Way Out of the Non- International Armed Conflict Detention Dilemma?

UGANDA UNDER REVIEW BY UNITED NATIONS UNIVERSAL PERIODIC REVIEW:

Art. 61. Troops that give no quarter have no right to kill enemies already disabled on the ground, or prisoners captured by other troops.

Reviewing the legality of new weapons, means and methods of warfare

A/AC.289/2. General Assembly. United Nations

REPORT BY THE REPUBLIC OF SLOVENIA ON THE

National Security Law

The Permanent Mission of Peru to the United Nations presents its compliments to the

KENYA RED CROSS SOCIETY ACT

UWA Law School UNIT DETAILS. The Law Relating to Conflict - Technology and Future Challenges. Credit points 6. Availability Available 2016

Geneva Conventions Act 1993

International Humanitarian Law in the Context of Thai Southern Insurgency

OUTLINE LEGAL SOURCE. Published on How does law protect in war? - Online casebook (

The protection of migrants under international humanitarian law

UNIVERSAL DECLARATION OF HUMAN RIGHTS KEY DATES

HUMAN INTERNATIONAL LAW

Published on How does law protect in war? - Online casebook ( Yemen

FIGURES ABOUT AMNESTY INTERNATIONAL AND ITS WORK FOR HUMAN RIGHTS. -- Amnesty International was launched in 1961 by British lawyer Peter Benenson.

s t a t ute for refugees united nations high commissioner of the office of the

Report of the Office of the United Nations High Commissioner for Human Rights

Welcome, Opening of Meeting, and Introduction of the President

DISCUSSION PAPER: THE LEGAL OBLIGATION TO RECORD CIVILIAN CASUALTIES OF ARMED CONFLICT Professor Susan Breau 1, Rachel Joyce 2

Less-Lethal Weapons Legislation

The rights of non-citizens. Joint Statement addressed to the Committee on the Elimination of Racial Discrimination

Internment in Iraq under Third and Fourth Geneva Conventions: no violation

Asymmetric warfare and challenges for international humanitarian law

A/HRC/S-17/2. General Assembly. Report of the Human Rights Council on its seventeenth special session. United Nations

Economic and Social Council

Human Rights Council. Protection of human rights and fundamental freedoms while countering terrorism

D R A F T. Interpretive Guidance on the Notion of Direct Participation in Hostilities

Permanent Mission of Turkmenistan To the United Nations

Implementation of UNESCO Memory of the World Programme at National Level. May 9, 2012

Transcription:

INTERNATIONAL COMMITTEE OF THE RED CROSS: INTERNATIONAL HUMANITARIAN LAW WORKSHOP January 6 9, 2008 Hosted by: Santa Clara University School of Law California Mission Room (Benson Student Center) 500 El Camino Real Santa Clara, CA 95053 Reading List (All materials are available on your ICRC flash drive or were sent to you via email) Marco Sassòli & Antoine Bouvier, HOW DOES LAW PROTECT IN WAR, Vol I & II (2nd ed. 2006) ( Text I & II ) The International Committee of the Red Cross (ICRC), Discover the ICRC Matthew Waxman, INTERNATIONAL LAW & THE POLITICS OF URBAN AIR OPERATIONS (excerpt) (full text available at http://www.rand.org/pubs/monograph_reports/mr1175/) Jelena Pejic (ICRC), Procedural Principles And Safeguards For Internment/ Administrative Detention In Armed Conflict And Other Situations Of Violence, 87 INT L REVIEW OF THE RED CROSS (2005) Treaties 1909 Convention Respecting The Laws And Customs Of War On Land And Its Annex: Regulations Concerning The Laws And Customs Of War On Land ( Hague IV ) 1949 Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick In Armed Forces In The Field ( GC I ) & Commentary 1949 Geneva Convention For The Amelioration Of The Condition Of Wounded, Sick And Shipwrecked Members Of Armed Forces At Sea ( GC II ) & Commentary 1949 Geneva Convention Relative To The Treatment Of Prisoners Of War ( GC III ) & Commentary 1949 Geneva Convention Relative To The Protection Of Civilian Persons In Time Of War ( GC IV ) & Commentary 1977 Protocol Additional to the Geneva Conventions of 12 August 1949 Relating To The Protection of Victims of International Armed Conflicts ( AP I ) 1977 Protocol Additional to the Geneva Conventions of 12 August 1949 Relating To The Protection of Victims of Non-International Armed Conflicts ( AP II ) 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment ( Torture Convention ) (sent via email) Cases & Statutes U.S. v. Hamdan Public Committee against Torture in Israel et al. v. Government of Israel et al. 18 U.S.C. 2441 ( BVS Workshop Materials )

2 Syllabus & Workshop Agenda Tuesday, January 6 th 8:30 9:00 Check-in 9:00 9:30 Opening Remarks Beth Van Schaack, Associate Professor of Law, Santa Clara University School of Law 9:30 11:00 Introduction to the International Humanitarian Law (IHL) & Introduction to the International Committee of the Red Cross (ICRC) Mark Silverman, Head of Public and Congressional Affairs, ICRC Regional Delegation for US and Canada Discover the ICRC Statutes of the International Red Cross and Red Crescent Movement, Text II pp. 648-659 (recommended) Text II, pp. 1900-1910 (optional) Text I, pp. 81-84, 102-104, 121-123, 126-129 (timeline), 131-135, 138-140 11:00 noon Q & A; introduction of negotiation exercise for closing session; team assignments noon 1:30 Lunch Break: Teams Meet 1:30 3:30 When Does IHL Apply & Conflict Classification GC III, Articles 2-3 AP I, Articles 1-4 AP II, Article 1 Text I, pp. 108-110, 116-117 Text II, pp. 1804-1809 (skim), pp. 1809-1832, 1832-1836 (skim), 1836-1841, 1845-1846, 1846-1859 Text II, pp. 2171-2177 (skim), pp. 2177-2186 The Commentary to the treaty provisions is also recommended. 3:45 5:00 Workshop 1: Text II, Discussion Questions, Text II, pp. 1873-879: Questions 2, 4, 5, 8, 9, 10, 14

3 United States / Russian Federation Costa Rica / Switzerland Egypt/ Venezuela Japan / The Philippines China / South Africa Lebanon / United Kingdom 5:30 7:00 Welcome Reception: Adobe Lodge Wednesday, January 7 th 8:30 10:30 Means and Methods of Warfare 10:30 10:45 Break Captain Michael McCoy, U.S. Attorney s Office, Central District of Illinois, formerly of the United States Air Force Hague IV & Annex (review all, focus on Annex Articles 22-27) API, Articles 35-58 Waxman, The Law of Armed Conflict & Urban Air Operations (Chapter 2 of INTERNATIONAL LAW & THE POLITICS OF URBAN AIR OPERATIONS) Text II, pp. 734-742 (recommended) 10:45 - noon Workshop 2: Targeting Japan / Russian Federation China / Switzerland Lebanon / Venezuela United States / The Philippines Costa Rica / South Africa Egypt / United Kingdom Noon 1:30 Lunch 1:30 3:30 Protected Persons / Internment & Detention Major Olga Marie Anderson, International and Operational Law Department, Judge Advocate General s Legal Center and School GC III, Articles 4-5, 7, 12-24, 82-121

4 GC IV, Articles 4-6, 13-14, 21-22, 27-34, 37, 41-49, 64-73, 75-78, 117-118, 132-135 AP I, Articles 8-11, 41, 43-47, 50-56, 75 AP II, Articles 2-6, 13-17 The Commentary associated with the above provisions is also recommended. Text II, pp. 1838-1840, 1857-1859 (review), 742-746, 1936-1940 (optional) Hague IV, Annex, Articles 29-31 GC III, Articles 25-81 (skim) GC IV, Articles 79-100 (skim) GC I, Article 5, 7, 12-17 (skim) GC II, Articles 4, 12-18 (skim) 3:45 5:00 Detention Operations Case Study: Iraq Thursday, January 8 th Major Olga Marie Anderson, International and Operational Law Department, Judge Advocate General s Legal Center and School Pejic, Procedural Principles And Safeguards For Internment/ Administrative Detention In Armed Conflict And Other Situations Of Violence 8:30 10:30 Non-State Actors & Direct Participation in Hostilities (DPH) 10:30 10:45 Break Jamie Williamson, Legal Advisor, ICRC AP I, Article 51 & Commentary AP II, Article 13 & Commentary AP I, Articles 43, 50 (Review) GCs I-IV, Article 3 (Review) U.S. v. Hamdan Public Committee against Torture in Israel et al. v. Government of Israel et al. 10:45 noon Workshop 3: DPH Exercise Noon 1:30 Lunch Break: Teams Meet 1:30 3:30 Implementation and Enforcement of IHL

5 Beth Van Schaack, Associate Professor of Law, Santa Clara University School of Law GC III, Articles 126-132 & Commentary GC IV, Articles 142-149 AP I, Articles 80-91 Torture Convention, Articles 1, 4-7 Text II, pp. 2335-2339, 2346-2353, 746-748, 608-624, 2042-2049 (optional) Text I, pp. 303-332 (skim) 3:45 5:00 Exercise: Prosecuting War Crimes Under U.S. Law BVS Workshop Materials (18 U.S.C. 2441) Japan / Egypt China / Venezuela Lebanon / Switzerland The Philippines / Russian Federation Costa Rica / United Kingdom United States / South Africa 5:00 Reception Hosted by the American Red Cross Friday, January 9, 2009 8:30 11:30 Final Negotiation Exercise 11:30 12:00 Farewell and Certificate Ceremony * * *