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Civilians Who Were Court-martialed
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, because some non-combatants are not civilians (for example, military chaplains who are attached to the belligerent party or military personnel who are serving with a neutral country). Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the customary laws of war and international treaties such as the Fourth Geneva Convention. The privileges that they enjoy under international law depends on whether the conflict is an internal one (a civil war) or an international one. In some nations, uniformed members of civilian police or fire departments colloquially refer to members of the public as civilians. Etymology The word "civilian" goes back to the late 14th century and is from Old French ''civ ...
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Military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct military uniform. It may consist of one or more military branches such as an army, navy, air force, space force, marines, or coast guard. The main task of the military is usually defined as defence of the state and its interests against external armed threats. In broad usage, the terms ''armed forces'' and ''military'' are often treated as synonymous, although in technical usage a distinction is sometimes made in which a country's armed forces may include both its military and other paramilitary forces. There are various forms of irregular military forces, not belonging to a recognized state; though they share many attributes with regular military forces, they are less often referred to as simply ''military''. A nation's military may ...
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GCIV
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties. The Additional Protocol I to the Geneva Conventions (AP-1) was completed in 1977. Its "Basic Rule" as regards Civilian Persons (CP) prohibits all intentional attacks on "the civilian population and civilian objects." It prohibits and defines "Indiscriminate attacks". "Incidental loss of civilian life, injury to civilians, nddamage to civilian objects" is also covered. Even an attack not aimed at civilians is prohib ...
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Lawfare
Lawfare is the use of legal systems and institutions to damage or delegitimize an opponent, or to deter individual's usage of their legal rights.''Unrestricted Warfare''p. 55 The term may refer to the use of legal systems and principles against an enemy, such as by damaging or delegitimizing them, wasting their time and money (e.g. SLAPP suits), or winning a public relations victory. Alternatively, it may describe a tactic used by repressive regimes to label and discourage civil society or individuals from claiming their legal rights via national or international legal systems. This is especially common in situations when individuals and civil society use non-violent methods to highlight or oppose discrimination, corruption, lack of democracy, limiting freedom of speech, violations of human rights and violations of international humanitarian law. Etymology The term is a portmanteau of the words ''law'' and ''warfare''. Perhaps the first use of the term "lawfare" was in the 1 ...
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Terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war against non-combatants (mostly civilians and neutral country, neutral military personnel). The terms "terrorist" and "terrorism" originated during the French Revolution of the late 18th century but became widely used internationally and gained worldwide attention in the 1970s during The Troubles, the Troubles in Northern Ireland, the Basque conflict, and the Israeli–Palestinian conflict. The increased use of suicide attacks from the 1980s onwards was typified by the 2001 September 11 attacks in the United States. There are various different definitions of terrorism, with no universal agreement about it. Terrorism is a Loaded language, charged term. It is often used with the connotation of some ...
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Guerrilla Warfare
Guerrilla warfare is a form of irregular warfare in which small groups of combatants, such as paramilitary personnel, armed civilians, or Irregular military, irregulars, use military tactics including ambushes, sabotage, Raid (military), raids, petty warfare, hit-and-run tactics, and Mobility (military), mobility, to fight a larger and less-mobile traditional military. Although the term "guerrilla warfare" was coined in the context of the Peninsular War in the 19th century, the tactical methods of guerrilla warfare have long been in use. In the 6th century BC, Sun Tzu proposed the use of guerrilla-style tactics in ''The Art of War''. The 3rd century BC Roman general Quintus Fabius Maximus Verrucosus is also credited with inventing many of the tactics of guerrilla warfare through what is today called the Fabian strategy. Guerrilla warfare has been used by various factions throughout history and is particularly associated with revolutionary movements and popular resistance agains ...
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Hugo Slim
Hugo John Robertson Slim (born 1961) is a British academic and policy advisor in International Relations specialising in the ethics of war and humanitarian aid. Slim has written about the nature of contemporary conflict, the protection of civilians and the ethics of humanitarian aid. He is currently a senior research fellow at the Las Casas Institute for Social Justice at Blackfriars Hall at the University of Oxford and also at the Blavatnik School of Government. Early life and education Slim is the second son of John Slim, 2nd Viscount Slim, and Elisabeth "Buffy" Slim, née Spinney. He was educated at Broadlands Primary School in Hereford and St George's School, Windsor before going to Eton College and then to St John's College, Oxford where he studied Theology. He received his PhD (on the basis of published work) from Oxford Brookes University in 2002. Contribution to ethics Slim's writing on war is distinct for its determined focus on the civilian experience of war and the mo ...
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Belligerents
A belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. The term comes from the Latin ''bellum gerere'' ("to wage war"). Unlike the use of ''belligerent'' as an adjective meaning "aggressive", its use as a noun does not necessarily imply that a belligerent country is an aggressor. In times of war, belligerent countries can be contrasted with neutral countries and non-belligerents. However, the application of the laws of war to neutral countries and the responsibilities of belligerents are not affected by any distinction between ''neutral countries'', ''neutral powers'' or ''non-belligerents.Goldstein, Erik; McKercher, B. J. C. ''Power and stability: British foreign policy, 1865-1965'', Routledge, 2003 , p. 63/ref>'' Belligerency "Belligerency" is a term used in international law to indicate the status of two or more entities, generally sovereign states, being engaged in a war. Wars are often fought with one or b ...
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Rome Statute Of The International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the Rome Conference for an International Criminal Court''. The American Society of International Law. Retrieved on 31 January 2008. and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute. Among other things, the statute establishes the court's functions, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves; the jurisdiction of the court is complement ...
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Protocol I
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War. Ratification status As of February 2020, it had been ratified by 174 states, with the United States, Israel, Iran, Pakistan, India, and Turkey being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977, which signifies an intention to work towards ratifying it. The Iranian Revolution has occurred in the interim. Russia On 16 October 2019, Pr ...
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Unlawful Combatant
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children. The Geneva Conventions apply in wars between two or more sovereign states. They do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation stat ...
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Jean Pictet
Jean Simon Pictet (2 September 1914, Geneva – 30 March 2002, Meyrin) was a Swiss citizen, jurist, legal practitioner working in international humanitarian law. First as a secretary-jurist, and then as a senior executive and Vice-President of the International Committee of the Red Cross (ICRC), Pictet was instrumental in drafting the 1949 Geneva Conventions for the protection of victims of war, their Commentaries, and negotiating the 1977 Additional Protocols ( Protocol I and Protocol II). He also proposed the Red Cross Movement’s seven Fundamental Principles, which were adopted at Vienna in 1965: Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity and Universality. In 1989, an international humanitarian law competition for students was founded and named after him. Life After secondary education in Paris, Pictet completed his study of law at the University of Geneva, earning a doctorate in 1935 and then practiced law in Vienna and Geneva. In 1937, he ...
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First Geneva Convention
The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the Geneva Conventions. It defines "the basis on which rest the rules of international law for the protection of the victims of armed conflicts." After the first treaty was adopted in 1864, it was significantly revised and replaced in 1906, 1929, and finally 1949. It is inextricably linked to the International Committee of the Red Cross, which is both the instigator for the inception and enforcer of the articles in these conventions. History The 1864 Geneva Convention was instituted at a critical period in European political and military history. Elsewhere, the American Civil War had been raging since 1861, and would ultimately claim between 750,000 and 900,000 lives. Between the fall of Napoleon at the Battle of Waterloo in 1815 and the rise of his nephew in the Italian campaign of 1859, the powers had maintained pe ...
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