Free Essay

International Humanitarian Law(1)

In: Historical Events

Submitted By ekisanyamori
Words 2082
Pages 9
INTERNATIONAL HUMANITARIAN LAW

TERM PAPER

NOVEMBER, 5, 2013

CLIENTS NAME

INSTITUTION
1950 WORDS
Introduction
According to the rules of customary international law (IHL), parties to a conflict need to distinguish between the civilians and combatants and military objective and civilian objectives . It is essential to offer a guide on what might be attacked in order to free the civilian populace from the impacts of hostilities. The most important guide regarding armed conflicts is that the combatants may only attack military objectives . However, despite the right to attack only military objectives, the attack will be illegal if the combatants’ use of force may lead to excessive collateral damage on either the civilians or the civilian objects . In addition, the combatants need to take precautionary measures to ensure they do not harm civilians even if they are attacking lawful targets . In this light, it is important to define military objectives and offer an explanation why there are limitations on the attacks on military objectives.
Pursuant to Article 52 (2) of Protocol 1, military objectives need to fulfil two criteria. First, it must be a factor in the military action of the adversary. This is often highlighted by the objects “nature, locality, reason or use”. Secondly, the destruction, capture or neutralization must present a clear military benefit to the combatants. Therefore, an attack on a specific area may be tantamount to a military objective if the destruction, capture or neutralization may present a military advantage to the combatants. However, the advantage that is anticipated from the attack needs to be considered as a whole and not as an isolated part of the war in that an attack as a whole needs to be a limited event rather than the whole war .
The rule stipulating that only military objectives may be attacked is anchored on the principle that the principal aim of any conflict is to triumph politically; therefore, the acts of violence aimed at ensuring political dominance should only endeavour to prevail upon the forces of the enemy . Violent acts that have political, psychological or economic significance may be more resourceful in overcoming the adversary. However, they are not necessary because the enemy can be defeated by weakening its military forces. Once the military force is overcome, there is a guarantee that the economic, political and psychological base will ultimately fail.
The essay will analyze the military objectives and civilian objects in relation to nuclear power station critical to the supply of electricity to the central operative plant of the enemy, a broadcasting station, and members of an armed civilian militia guarding a military installation, and “human shields” who have voluntarily placed themselves inside ammunition depots.
Members of an Armed Civilian Militia Guarding a Military Installation
Combatants fit the definition of military objectives. In this connection, even police officers fit the definition of combatants hence military objectives if they are incorporated in the military. Flowing within this line of reasoning, civilians who are not incorporated into the military but opt to take part in war, lose their protection against attacks so long as they directly participate in the war . Therefore, members of an armed civilian militia guarding a military installation are deemed to have lost their protection by directly participating in the war through guarding the military installation. However, everyone else who is not a participant in the war is afforded full protection under IHL.
Indeed, the grouping of civilians and combatants into mutually exclusive groups that complement each other assists in ensuring the effectiveness and fullness of IHL by avoiding a scenario whereby some people may fight in a war but the other group is precluded from engaging them. The existence of such a privilege would result to a lack of respect to IHL thus undermining the whole fabric of the law. Indeed, IHL frowns upon quasi-combatants . Quasi-combatants are civilians playing a role in a war or a war effort for instance, working in a war factory. This makes them lose their civilian status even though they are not direct participants in the war.
In order to ensure the full protection of civilians, there needs to be a manifest distinction between those directly engaging in military conflicts, and those who are not engaging in hostilities. For one to be in the latter group, their actions should not be such as to hinder the adversary from gaining control on their country through total military occupation . Therefore, the militia that are guarding the military installation are engaging in the hostilities by hindering the attempts of the enemy to suppress the military forces.
However, the combatants need to ensure that they do not harm the civilians because that would be in violation of the principle of necessity that holds that victory can only be attained by defeating the combatants of the country rather than the politicians or scientists.
Human Shields who have voluntarily placed themselves inside Ammunition
Human shielding occurs when persons protected by IHL for instance prisoners are used to deter attacks by combatants and military objectives. Human shielding violates the basic principles of IHL because it skews the flimsy humanitarian necessity balance consideration by influencing its protection for military ends. Additionally, protocol 1 of 1977, Article 51 (7), provides that the existence of the civilian populace shall not be used to cause some parts untouchable by operations. Therefore, parties to a conflict are precluded from shielding their military objectives from attacks by moving their civilian population to the points of attack.

The use of human shields may be passive or active. Passive human shields exist when a party to a conflict makes use of the presence of civilians in a particular locality whereas active human shields are the civilians whom the combatants consciously direct them to a particular location. However, pursuant to article 51 (7), the presence of civilians in a military objective does not render retreat unlawful in the presence of civilians. However, it is unlawful for combatants to intentionally intermingle with civilians. However, The International Committee of the Red Cross’ (ICRC) commentary to Article 51 (7) supports the article interpretation by stating that movement signifies “cover”, in cases where civilians move out of their own volition. Therefore, the intent of the military commander determines the legality of the move. However, in a situation where the citizens voluntarily placed themselves inside ammunition depots, will render themselves unprotected by IHL.
Vide Article 58 of Additional protocol 1; the use of human shield is prohibited by imposing a duty on member parties to “endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives”.
Furthermore, the article states that member parties must aspire to avoid “locating military objectives within or near densely populated areas”. Indeed, there may be some humanitarian reasons for the inability to move civilian population from military objectives for instance where the civilian population need to be evacuated from a densely populated city. This may pose a greater threat than leaving them.
Therefore, the provision is underpinned on the caveat that member countries should protect their civilian population to the maximum extent possible . Therefore, the military was under an obligation to ensure that the civilian population removed from the ammunition depot failure of which, the enemy forces would not be at breach of IHL because human shielding is tantamount to a war crime. However, failure to comply with the provisions of Article 58 is not a war crime.
Broadcasting Stations
There is a raging debate as to whether the attack on mass media amounts to military objectives. It is argued that it is desirable from a jus ad bellum point of view to stop the mass media through non violent means. However, if an aggressor opts to stop broadcasting through violent means, and if the broadcasting stations are deemed essential military objectives than bridges, this would be tantamount to changing the basic principles relating to customary international law. This is because the targets of the broadcasts do not constitute military objectives . Therefore, based on this consideration, an attack on the broadcasting station would be a violation of the basic principles of IHL.
Indeed, creating a new system of IHL that does not conform to the principles set out in the traditional concepts on military objectives would be impractical. Allowing attacks on broadcasting stations would make it easy for combatants who have failed in non-violent means of stopping the media to engage in violent attacks on the institution.
Moreover, the object behind the attack makes it fail as a military objective. If ensuring that the civilians do not get information about the state of the war, then the move will be comparable to aiming at the civilian moral rather than the military objectives.
However, attacking a broadcasting station that broadcasts operations about the conduct of the army would not be a violation of IHL.
Nuclear Power Station critical to the Supply of Electricity to the central Operative Plant of the Enemy
Article 56 protocol 1 provides that, works of installation containing dangerous forces namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack even where these objects have military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Other military objectives located at or in the vicinity of these works or installations shall not be made the subject of attack if such attack may cause the release of dangerous forces from the works or installation and consequent severe losses among the civilian population.
Therefore, as a general rule, attacks on nuclear stations should not be attacked on the nuclear power station critical to the supply of electricity to the central operative plant of the enemy are illegal under IHL if the attack would bring dire consequences on the civilians . However, pursuant to Article 56 (1) (b), the nuclear power plant may only be attacked if it “provides electric power in regular, significant and direct support of military operations and if such attack is only feasible way to terminate such support”
This provision nullifies the provisions highlighted in Article 56 in the sense that the attack on the nuclear station would be dependent on whether the plant supports the combatants and whether an attack on the nuclear station would assist in termination the support that the military receives.
Nevertheless, the aforementioned provision need not be construed in isolation, Article 57 of the protocol provides that despite the right to attack provided under Article 56 (1), the aggressors should take all the practical steps to ensure that they avoid the release of dangerous forces after attack. Moreover, it is an offence under IHL for a country to make any works or military objectives stated in paragraph 1 the object of reprisal.
Conclusion
In conclusion, there is a clear indication in the rules of the IHL that the distinction between military objectives and civilian objects is apparent. There are clear definitions and principles that govern the conduct and treatment accorded to each. As noted from this essay there is much that needs to be done to bridge the gap between the theories of international conflict and the application of the rules to contemporary situations. Notwithstanding one’s opinion and assessment of the legal structures of Jus ad bellum, the provisions of the IHL laws should guide the use of force against any individual

References
N, Schmitt & H, Wolff. The conduct of hostilities in international humanitarian law. Farnham, Surrey, England Burlington, 2012.
I, Henderson,. The contemporary law of targeting [military objectives, proportionality and precautions in attack under additional Protocol I. Leiden Boston: 2009.
D, Gary The law of armed conflict : international humanitarian law in war. Cambridge, Eng New York, 2010.
F, Dieter, &M, Bothe. The handbook of international humanitarian law. Oxford, 2013.
L, Henckaerts, , &C,Alvermann. Customary international humanitarian law. Cambridge, 2005.
F, Kalshoven, , &L, Zegveld. Constraints on the waging of war : an introduction to international humanitarian law. New York, 2011.
C, Jonathan, & K, Scheuber. Principles of international humanitarian law. Cheltenham, 2013.
M, Schmitt. Tallinn manual on the international law applicable to cyber warfare : prepared by the international group of experts at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence. York, 2013.
Neff, Stephen C. War and the law of nations : a general history. New York, 2008.
D, Scheffer. All the missing souls : a personal history of the war crimes tribunals. Princeton, 2012.
Roberts, Adam, and Richard Guelff. Documents on the laws of war. New York, 2000.

Similar Documents

Free Essay

Drone Strikes

...Drone Strikes, Effective Weapon in the War on Terrorism? William DeJarnette United States Diplomatic History November 21, 2014 September 7, 2009, in Machi Khel in Mir Ali, North Waziristan, Pakistan. At 20,000 feet death silently, stealthily, knifed its way through the afternoon sky. Two drones, operated by American Air Force drone pilots 7,000 miles away in Nevada, USA, had been hovering over the area throughout the day. Modern warfare and the fight against terrorism were about to greet Sadaullah Wazir and his family as they reentered their home after evening prayers in the garden. Moments later an explosive concussion from missiles launched by the drones rocked the neighborhood and body parts flew in every direction. Senior al Qaeda leader Ilyas Kashmiri was killed in his car as it entered the village. However, injured in the attack at the same time were fifteen-year-old Sadaullah and several others. Three of Wazir’s family members were killed. Wazir awoke in a hospital the next day, minus both legs and an eye. Objective met, target Kashmiri eliminated. Collateral damage is just another acceptable part of the plan. The Living Under Drones project interviewed Khalid Raheem, an elder in his community in Pakistan. Raheem is bewildered by the current state of affairs in his country. He states that they knew nothing about where the US was or what type of people lived there. They did know that the US supported the Taliban in their fight against the Soviets, until the......

Words: 2790 - Pages: 12

Free Essay

International Committee of the Red Cross

...iTHE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC): MANAGING ACROSS CULTURE ‘We were an orgn made up of Swiss generalists. We are becoming a multicultural and professional enterprise.” 1. INTRODUCTION Dr. Jacques Stroun, M.D. – (1999) Director of Human Resources & Finance (before Head of Detention Division, Deputy Director of Operations) ICRC – provide humanitarian relief, Humanitarian ‘Multinational’ Organisation Home base: Geneva, Switzerland Orgn Values – Neutrality, Independence, Discretion & Humanism Total Workforce – (2008) over 14,000 over 100 nationalities Until recently – ICRC is very Swiss , very Genevoise Expatriate – open to all nationalities but 93% is westerners (1992) Changing expatriate composition – expatriates number increasing – Africa, Asia & Latin America HR Policy – recruitment from Geneva – sent to field with ‘learning by doing’, operate under sense of danger, meeting immediate challenges, focus on short term, quickly develops and reinforces team and team loyalties, rotation every 12 months, no formal training, no continuity for developing people, Career - little career planning, career developed through interpersonal networks & driven by opportunities, most recruits stayed for 2 to 3 years, no management development, those remain and reach top of HQ –mostly Swiss male (old school boys club) CURRENT CHALLENGES – greater diversity in mgmt ranks – more professionals, foreigners and women. NEW STRATEGIC PLAN (2007......

Words: 1744 - Pages: 7

Free Essay

Critically Discuss to What Extent, If Any, Technological Progress Has Undermined the Ability of the Law of Armed Conflict to Regulate the Conduct of Hostilities. Support Your Answer with Reference to Practical Examples

...Advances in technology and weaponry have revolutionised warfare since time immemorial, where inventions such as the chariot, canon powder and the airplane effectively changed the landscape of warfare.1 The law of armed conflict (LOAC) that exists today has developed as a reaction to the atrocities committed in the past; the four Geneva Conventions and the Additional Protocols of 1977 originated as responses to the increased suffering of civilians in armed conflict due in part to developments of weapon technology.2 The legal instruments to regulate the application of these advances in technology can barely keep up with challenges resulting from the rapidness of the advancement of contemporary military technologies. Moreover, recent technological advances raise the prospect of upheavals in practice so fundamental that they challenge assumptions underlying long-established international laws of war.3 This is because advances in technology have dramatically affected the weapons and tactics of future armed conflict, the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought.4 These changes stress the fundamental principles of the LOAC, thus undermining its ability to regulate the conduct of hostilities; namely, by posing challenges to the principles of distinction, proportionality, military necessity and unnecessary suffering. This essay aims to assess the impact technology has had upon the......

Words: 3294 - Pages: 14

Free Essay

Red Cross

...prevention programs and relief disaster and conflict. Their area of excellence is * disaster management, * community resilience and Capacity Building * Health and Social program * Violence, abuse and injury prevention * Humanitarian issues international humanitarian law The Canadian Red Cross Society involved 6,484 employees with 67% in domestic activities and 33% international operations. Major achievements In Kenya, The Canadian Red Cross has been involved in mosquito net distribution for seven years protective vulnerable young children and pregnant women for mosquito bites that spread the malaria. They were able to raise 47 million dollars in turn,, it has supported the distribution of seven million nets in 12 campaigns. The Canadian Red cross helped rebuild Liberian Red Cross , a west African nation of 3,4 million people that endured almost 20 years of vicious civil war which saw a quarter of a million of its citizens killed. Today Liberian Red Cross delivers program for health, water and sanitation, disaster risk reduction and humanitarian values. They respond to the floods that affect each year thousands, help communities rebuild and become more self reliant. Red Cross in collaboration with International Red cross developed a program Just in case for isolated seniors in case of disaster, creating a network , increasing their safety and also first responders to focus on the more vulnerable. In Maldives , Canada Red Cross together......

Words: 538 - Pages: 3

Free Essay

International Humanitarian Law

...civilian and military, must be collected and cared for, without discrimination. * Women and children must be respected and protected from any form of indecent assault. * Children and adolescents must be protected from the effects of war. They must not be allowed to take part in hostilities. * Members of families separated by conflict should be reunited and they should be able to exchange personal messages. They also have the right to be informed of what has happened to missing relatives. The Additional Protocols say that: * Suffering inflicted on an opponent must not go beyond what is necessary to achieve a legitimate military objective. * Combatants no longer capable of fighting may not be attacked. * In an international conflict, captured combatants must be presumed to be prisoners of war, and are therefore entitled to protection under the Geneva Conventions. * Prisoners of war who cannot be cared for must be set free              Subsequently; Article 51 and 54 states Outlaw indiscriminate attack on civilian population and destruction of food, water and other materials needed for survival....

Words: 960 - Pages: 4

Free Essay

Drone Strikes

...Drone strikes under International Humanitarian Law Feb 2, 2014 Aaron Mirza If there is an armed conflict, the legality of any drone strike must then be evaluated in accordance with IHL, including particularly the fundamental principles of distinction, proportionality, humanity, and military necessity. Distinction is particularly challenging in Federally Administered Tribal Areas, because fighters regularly intermingle with civilians, engage in routine activities and do not wear uniforms. None­theless, militaries engaged in an armed conflict must always attempt to distinguish between legit­mate and illegitimate targets for an attack. Generally, “the civilian population as such, as well as individuals civilians, shall not be the object of attack.” Civilians lose this protection when they “take a direct part in hostilities.” Under the formulation of the International Committee of the Red Cross (ICRC) of what constitutes direct participation in hostilities, the act committed must adversely and directly affect the opposing party in a concrete manner or lead to the loss of life or property as part of a campaign in support of one party to a conflict. This definition adopts an approach focused on specific hostile acts of a certain magnitude rather than organizational membership or more indirect forms of support. The ICRC has further distinguished between civilians who participated in specific acts and those who maintain a continuous combatant function (CCF) by virtue of......

Words: 785 - Pages: 4

Free Essay

The Purpose of War and Its Effects

...The Purpose of War and Its Effects Time and time again, Americans are told how necessary and essential war is by their government. While Americans sacrifice their lives for the United States, so are citizens of other countries. But, also individuals are telling everyone how inhumane war. The fact of the matter is war always seems to be a repeating factor in life. Whether people try to justify war or not, there are many reasons and circumstance that are ignored and hidden. War could be defined as a nation’s means for protection. Many could probably say war is a nations way of showing off, but clearly everyone has their own opinion. Protection is also a very broad way of describing a reason to go to war. Protection from what exactly is the question to ask. Protection is rarely the substantial reason as to why a nation is going to war. In many cases though, countries do need protection and can not sustain by themselves. Case and point to the previous argument would be, the Invasion of Panama. A topic, dealing with war, which is very taboo, is how the soldier is affected. Many have mentioned the topic of the soldiers’ state of mind, but who is actually listening? The government is supposed to care, but war seems to be a constant. Soldiers are supposed to be studied and evaluated, but ultimately, soldiers are not truly cared for. That fact that soldiers are sent over to a foreign land, to kill someone, should be a red flag to any official that the human psyche......

Words: 804 - Pages: 4

Premium Essay

Why Do Drones Kill Innocents?

... Drones Kill Innocents Is it worth killing many innocents? Drones, weapons that are used to end and help prevent war, not to keep others in fear. Drones should not be allowed to help kill in war, drones are killing many innocent people. Even Though drones will soon be here to help with deliveries or “delivering emergency medical supplies, fighting fires, and protecting endangered animals in africa from attacks by poachers” (Source A). It is just not right to have drones flying around killing innocent and having people kept in fear. One of the main reasons why drones should not be used in warfare is, because “Drones kill innocent people by mistake, War is ugly and deadly” (Source I). There are those who claim that “Drones have already transformed modern warfare. Sitting in front of a video screen at a military base in the U.S.,drone operators use joysticks to pilot drones over targets thousands of miles away” (Source A); however, in reality when the drone’s operators are so tranquil. “Drone strikes kill large number of civilians and traumatize local populations” (Source J). Source J stating that civilians and local population live in fear by the Drone, thinking at any minute they can strike and take away their family or loved ones. Just like in (Source F) when the boy questions the killing of his innocent family, leaving him all alone. Drones are operated by the U.S military, but can “escape their operators control and crash because of software glitches,......

Words: 449 - Pages: 2

Premium Essay

Fiam

...Mr. Ban Ki-moon Secretary-General United Nations New York, NY 10017 Dear Secretary-General, I am writing with some important recommendations as you embark on your trip to address the crisis in Gaza. We see an urgent need for measures and mechanisms that will protect civilians, provide long-term as well as short-term humanitarian relief and rehabilitation, and ensure accountability and deter future violations of international humanitarian law. We therefore urge you to give priority to these areas in your discussions in the region and your public calls for action. Protection of Civilians Given the exigency of protecting civilians in Gaza, we urge you to send several clear messages to both parties to the conflict and neighboring states. In particular, we would urge you to: * a strong statement, underscoring the importance of both parties' full and stringent compliance with international humanitarian law. All those who violate the laws of war must know that they will be held accountable in the future for their actions; a firm warning from you now can help save lives. * Insist that Egypt and Israel do the maximum to permit the evacuation of civilians through their borders as there is no safe place for civilians within Gaza. As the UN High Commissioner for Refugees António Guterres told the Security Council on January 8, Israel and Egypt must respect the universal right of those fleeing war to seek safety in other states, as well as their right to return upon the......

Words: 1010 - Pages: 5

Free Essay

Icrc-an Analysis of Culture

...International Committee of the Red Cross An analysis of culture July 9, 2011 OL 615 Leadership Across Boundaries Quinnipiac University In order to understand the culture of the International Committee of the Red Cross (ICRC), one must first examine its history. The ICRC was formed in 1863 by Swiss businessman Henri Danant who witnessed the carnage of war and vowed to limit future sufferers of war. The two strategies he proposed, the formation of national relief societies and the development of an international convention to protect the sick and wounded in combat (Deresky, 2011) remain fundamental to the ICRC to this day. Coupled with Swiss values such as neutrality, independence, discretion and humanism, the ICRC has become a symbol of hope and humanity since then. As a multinational, humanitarian organization, the ICRC is facing challenges in many areas. In this analysis, we will explore these challenges, venture to answer the question of whether the ICRC’s culture helps or hinders its evolving strategies, and discuss the implications of these challenges on Human Resource Management. The mission of the ICRC is that it is “an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance. It directs and coordinates the international relief activities conducted by the Movement in situations of conflict. It also endeavors to......

Words: 2371 - Pages: 10

Free Essay

Crysis in Syria

...The Syrian civil war[74] is an ongoing armed conflict in Syria between forces loyal to the Syrian Ba'ath Party government and those seeking to oust it. The conflict began on 15 March 2011, with popular demonstrations that grew nationwide by April 2011. These demonstrations were part of the wider Middle Eastern protest movement known as the Arab Spring. Protesters demanded the resignation of President Bashar al-Assad, whose family has held the presidency in Syria since 1971, as well as the end to over four decades of Ba'ath Party rule. In April 2011, the Syrian Army was deployed to quell the uprising, and soldiers were ordered to open fire on demonstrators. After months of military sieges,[75] the protests evolved into an armed rebellion. Opposition forces, mainly composed of defected soldiers and civilian volunteers, became increasingly armed and organized as they unified into larger groups. However, the rebels remained fractured, without organized leadership. The Syrian government characterizes the insurgency as an uprising of "armed terrorist groups and foreign mercenaries".[76] The conflict has no clear fronts, with clashes taking place in many towns and cities across the country.[77] The Arab League, United States, European Union, and other countries condemned the use of violence against the protesters. The Arab League suspended Syria's membership because of the government's response to the crisis, but granted the Syrian National Coalition Syria's seat on 6 March......

Words: 411 - Pages: 2

Free Essay

Intervention in Syria

...------------------------------------------------- Advice to the Minister Date NOTE: PLEASE DELETE INSTRUCTIONS AS YOU FILL THIS TEMPLATE OUT ISSUE: * Two and half years have now passed and the Syrian civil war is getting further out of control with no clear indication of things getting better anytime soon. If anything the situation in Syria is getting worse by the day. Syrian Civilians are fleeing the country to neighbouring borders such as Lebanon, Jordan, and Turkey, in hopes of a better future for their families. Unfortunately thousands of people have already fallen victim to shameless crimes committed by the Syrian government, with no end in sight. BACKGROUND: * Syria has seen constant unrest for the better part of almost two and a half years. Close to 100,000 people have been killed and millions of Syrians displaced due to the internal conflict that has now become a full-blown civil war. The killing started when peaceful protests inspired by earlier revolutions in Egypt and Tunisia rose up to challenge the dictatorship running the country; namely President Assad. Government forces started quickly kidnapping, killing, torturing, raping, and mutilating bodies of activists and their families before dumping them on the sides of roads. Then troops simply disregarded any judgement of humility and simply just started opening fire amongst crowds of people. Eventually, civilians started shooting back. Syria’s government has been trying to supress a......

Words: 851 - Pages: 4

Free Essay

W328 - Law of War Pe 1 and 2

...Law of War PE 1 1. What would your response to the order be? The order is violating the Laws of War. You can’t force civilians to leave if they don’t want to. Also, you are supposed to protect civilian property more than government property. Destroying the homes could be considered hostile act against civilians. 2. Would you change it? Yes 3. How? Inform the mayor that at 0600 the evacuation will begin and he should gather every one up that is willing to leave. Ask him to inform the people that staying could get them killed and that we will make every effort to keep their homes safe. We will help rebuild any homes that are damaged. 4. What actions would you employ to prevent Law of War violations and crimes? The best thing I could do is to ensure proper training of my soldiers and enforcing the standard as spelled out in FM 27-10. 10.00 out of 10 Law of War PE 2 1. As a senior squad leader how would you respond to this?  I would speak with the commander and state that I understand that the destruction of these weapons is a necessity to the safety of the Military, but civilian casualties are always our concern and never an option. 2. What would be your course of action? My course of action would be to ensure an evacuation the sector of town surrounding the weapon manufacture and the warehouses storing the weapons. An operation order outlining a plan to overtake the manufacture and weapon warehouses without civilian casualties must be......

Words: 272 - Pages: 2

Premium Essay

Humanitarian Intervention

...place within another state? May a state or international institution like the United Nations intervene in the affairs of another state? Do we have a moral and ethical duty for intervention when a political regime is harming its own citizens? Is it legal under International law for a state to intervene in another state’s territorial and political sovereignty with or without United Nation Security Council’s approval? It is the aim of this essay to examine some of the answers commonly given to these questions. To address the ethical and legal justifiability of intervention this essay will begin by analyzing how we define humanitarian intervention. The second section discusses moral and ethical issue relating to humanitarian intervention. The discussion focuses on the several theories that present a moral case for intervention. It concludes by examining whether international law should affirm a right to humanitarian intervention. The literature on the ethics and legality of humanitarian intervention is filled with disagreement. This essay seeks to identify and critically assess the often unexamined moral and legal assumptions behind these disagreements. Definition of Humanitarian Intervention It is necessary to begin with a clear understanding of the concept to be analyzed. We need then to start by addressing the question, what is humanitarian intervention? And to address this we need to study the definition of humanitarian intervention. “It is the threat or use......

Words: 3276 - Pages: 14

Premium Essay

International Law

...EXAM PAPER BY Marcie L. Pereira 2. “International Law has never shown such vibrancy as in the present moment and fragmentation is a result of that dynamism and capacity for adaptation and expansion. Moments of transition in conceptualization and institutional set-up are normally very creative.” Do you agree? Present your position. The system of international law has become increasingly fragmented, particularly since the end of the Cold War. Various factors are responsible for the increased fragmentation: • The proliferation of international regulations; • Increasing political fragmentation (juxtaposed with growing regional and global interdependence in such areas as economics, the environment, energy, resources, health, and the proliferation of weapons of mass destruction); • The regionalization of international law due to a rise in the number of regional fora engaged in the formulation of international regulations; • The emancipation of individuals from States; and • The specialization of international regulations. Presently, there exists no homogeneous system of international law. International law consists of erratic blocks and elements; different partial systems; and universal, regional, or even bilateral subsystems and subsubsystems of different levels of legal integration. All these parts interacting with one another create what may paradoxically be called an “unorganized system, full of intra-systematic tensions, contradictions and frictions. In theory,......

Words: 3665 - Pages: 15