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In the following blog, #25 Laws of War Brief (Part 2): The Protections, Rights & Obligations of Civilian Non-Combatants & Military Combatants under the LOAC , I will continue this analysis by presenting what is, to the best of my understanding, the most important, mandatory and need-to-know obligations of the LOAC and CIL on all individual military personnel of national armed forces of all ranks, all Services, and all nations around the world. 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. In sum, International armed conflict (IAC) may be regarded as largely. receive humane treatment, to have contact with humanitarian organizations, and . The information the detainees in the CIA program revealed constituted more than half of what the CIA knew about al Qaeda. Assess the progress that the U.S. and its allies were making against the Al Qaeda terrorist network, and other terrorist groups, by means of the Global War on Terrorism (GWOT). . 17) The Law of War requires humane treatment for military personnel who are out of combat (hors de combat) due to capture by enemy forces. In sum, Non-International armed conflict (NIAC) largely concerns. In particular, heated controversy surrounds knowledgeable terrorists or terror-using insurgents captured operating in warzones, who are by definition not only unlawful combatants under the laws of war but also war criminals guilty of committing indiscriminate acts of terror and mass-murder, and who possess extensive knowledge of terrorist members, organisation, and plots for future attacks that if obtained might save the lives of countless other human beings, including many innocent civilians. 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. In IACs, the principle gives rise to a number of explicit rules, such as those prohibiting torture, rape and sexual violence and exposure of prisoners of war to public curiosity. Had I not authorized waterboarding on senior al Qaeda leaders, I would have had to accept a greater risk that the country would be attacked. 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). The Conventions apply to all cases ofdeclared warbetween signatory nations. Geneva Convention of 27 July 1929 relative to the treatment of prisoners of war. Indeed, according to the Administration, even the enhanced interrogation techniques including waterboarding were lawful under both the Constitution and U.S. law, did not constitute torture, and were not in themselves inhumane. Prior to 2006, the full list of some 17 enhanced interrogation techniques (lawful sanctions) to be used on the terrorist detainees at Guantanamo only in situations of military necessity had been studied under the light of the U.S. Constitution and American LOAC obligations, and then approved and legally authorized by the U.S. Congress, meaning that the interrogation procedures were in fact being used lawfully by interrogators at Guantanamo. Non-International armed conflict, by contrast, is the classification given to all forms of armed conflict that do not conform to, and are hence not covered by, the definition of International armed conflict provided above. States comply with the practice out of a sense of legal obligation to an international norm or custom, rather than solely due to their own legal LOAC obligations or national interests. Humane Treatment of Prisoners. We strive for accuracy and fairness. no The principle of humane treatment in IHL requires that those who fall into the hands of the enemy be treated with respect for their dignity as human beings. The question of how to treat, detain and put on trial these dangerous unlawful combatants, for the war crimes that they are continuing to commit in warzones against both non-combatant civilians and lawful combatant national military and police forces in the territories of sovereign States around the world, is consequently presenting a difficult legal and political challenge to the international community at present time, and will continue to do so for some time to come especially as both the threat and commission of these terrorist acts of brutal, savage and indiscriminate mass-murder increase. That view was reinforced by his boasting and his behavior, intended to persuade his own people and his neighbors of that success. General (GEN) Tommy Franks, the U.S. Army former Commander of CENTCOM, has also defended Americas decision to go to war against the Saddam dictatorship in Iraq, stating that: The intelligence, while not precise, was overwhelming. Protocol II was the first-ever international treaty devoted exclusively to . It specifically prohibits murder, mutilation. There were two that I felt went too far, even if they were legal. One of the treaties created during the 1949 Convention, this defined "Prisoner of War,"and accorded such prisoners proper and humane treatment as specified by the first Convention. military commissions are suspended pending the government's appeal in Hamdan v. In response, two Protocols Additional to the four 1949 Geneva Conventions were adopted in 1977. 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]. cit. [19] Common Article 3 to the Geneva Conventions 1949 (see pp. 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). 11) The Law of War requires humane treatment for military personnel who are out of combat (hors de combat) due to capture by enemy forces. (The Principles of the Law of War, pg. International Committee of the Red Cross. 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. Afghanistan and Iraq: Two conflict theatres in the Global War on Terrorism (GWOT). [23] Derbyshire, 149.335 Introduction to LOAC, in Section One: Introduction to LOAC and Historical Development, 149.335 Law of Armed Conflict, op. That was not true. The CIA interrogation program saved lives. As the ultimate defenders of your State andits laws it is your DUTYto know the provisions of the law and to ensurethey are respected and obeyed. Twenty-six countries ratified the Conventions in the early 1990s, largely in the aftermath of the break-up of the Soviet Union, Czechoslovakia and the former Yugoslavia. Finally, it discusses how occupiers are to treat an occupied populace. Adding to these legal rights, Article 75(3) of API states, moreover, that Detaining Powers are obligated to release detainees only when the circumstances justifying the arrest, detention or internment have ceased. This is a principle supported by CIL which also allows that detainees may be held in detention against their will if there is a good reason to do so, and as long as reason requires (API Art 75(3) and ICRC Customary IHL Rule 99, in NZDF LOAC Manual, During the early 2000s the Bush Administration sincerely believed and asserted,with full support and confirmation from the Pentagon, the Department of Justice and the CIA, that the U.S. government, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Pinterest (Opens in new window), Click to email this to a friend (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pocket (Opens in new window), Click to share on Telegram (Opens in new window), Click to share on Skype (Opens in new window). The Law of War establishes: - Weegy 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. Hamdiarguedthat such detentionwas illegal under the Geneva Conventions, withoutexpress Congressional consent. Regarding the Humane Treatment of al Qaeda and Taliban Detainees (February 7, 2002), . [27] M. De Long (Lt. Gen.) & N. Lukeman, A General Speaks Out [originally published as Inside CentCom: the unvarnished truth about the wars in Afghanistan and Iraq], Zenith Press, St. Paul (MN), 2007, p. 68. Al Qaeda terrorists (unlawful combatants under the LOAC) captured in Afghanistan.[34]. Still is to this day. Will Terrorism Rewrite the Laws of War? : NPR [2] Modified image taken from P. Gourevitch, After the Genocide, The New Yorker [Magazine], 18 December 1995, https://www.newyorker.com/magazine/1995/12/18/after-the-genocide, (accessed 14 September 2017). In 1977, Protocols I and II were added to the Conventions of 1949. International Committee of the Red Cross.Geneva Conventions. However, CIL also asserts simultaneously that persons held in custody who are either unable or unlikely to take part in hostilities upon their release from custody by reason of illness, or gravely diminished mental or physical health should be released and directly repatriated as soon as possible (ICRC Customary IHL Rule 99, in NZDF LOAC Manual Chapter 15, ibid., pp. It also grantsthe right to proper medical treatment and care. I would have preferred that we get the information another way. 37,770,554 questions answered * weegy Three were water-boarded. The new updates stated all prisoners must be treated with compassion and live in humane conditions. A punitive war took place firstly in Afghanistan in 2001 against the Taliban regime hosting and shielding Osama Bin Laden, the leader of the Al Qaeda terrorist network. This way of thinking resulted in more humane treatment for those officially classified as prisoners of war. But the choice between security and values was real. For information on immigration and links to the 1951 Conventionand 1967 Protocol Relating to the Status of Refugees, see the article aboutImmigration. 35-36 in Geneva Convention I, pp. Indeed, inevitably, the whole issue comes down to one single question: is it disproportionate and wrong or proportional and right? Adopted in 2005 to add another emblem, the "red crystal," to the list of emblems used to identify neutral humanitarian aide workers. (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).