Rule Of Law In Armed Conflicts Project
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Rule Of Law In Armed Conflicts Project
The Rule of Law in Armed Conflicts Project (RULAC Project) is an initiative of the Geneva Academy of International Humanitarian Law and Human Rights to support the application and implementation of the international law of armed conflict. Overview Through a global database and analysis, the RULAC Project has as its aim an assessment of the implementation by states of the law applicable in armed conflicts: *international humanitarian law *international human rights law *international criminal law * refugee law The project will ultimately cover all member states of the United Nations and parties to the Geneva Conventions as well as contested territories, whether they are in situation of armed conflict or not. Indeed, certain international rules must be implemented during peacetime or are relevant in post-conflict situations, in particular those relating to the repression of international crimes. In addition, the rules regarding the fight against terrorism, also to be covered by th ...
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Geneva Academy Of International Humanitarian Law And Human Rights
The Geneva Academy of International Humanitarian Law and Human Rights () is a postgraduate joint center (between the University of Geneva and the Graduate Institute of International and Development Studies) located in Geneva, Switzerland. The faculty includes professors from both founding institutions and guest professors from major universities . It is located in the Villa Moynier building, built in 1847 and was owned by Gustave Moynier, co-founder of the International Committee of the Red Cross. History Professor Andrew Clapham was the first Director of the Geneva Academy (2006–2014). From August 2014 to August 2018, the Geneva Academy was directed by Professor Robert Roth. In August 2018, Professor Marco Sassòli became the new Director of the Geneva Academy. He has been Professor of International Law at the University of Geneva Law Faculty since 2004 and has been teaching IHL at the Geneva Academy since this time. Professor Gloria Gaggioli, Associate/SNF Professor at t ...
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International Committee Of The Red Cross
The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signatories) to the Geneva Convention of 1949 and its Additional Protocols of 1977 ( Protocol I, Protocol II) and 2005 have given the ICRC a mandate to protect victims of international and internal armed conflicts. Such victims include war wounded persons, prisoners, refugees, civilians, and other non-combatants. The ICRC is part of the International Red Cross and Red Crescent Movement, along with the International Federation of Red Cross and Red Crescent Societies (IFRC) and 192 National Societies. It is the oldest and most honoured organization within the movement and one of the most widely recognized organizations in the world, having won three Nobel Peace Prizes (in 1917, 1944, and 1963). History Solferino, Henry Dunant and the foundat ...
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Customary International Law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations. In 2018, the Commission adopted Conclusions on Identification of Customary International Law with commentaries. The United Nations General Assembly welcomed the Conclusions and encouraged their widest possibl ...
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Crime Against Humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of war, and apply to widespread practices rather than acts committed by individuals. Although crimes against humanity apply to acts committed by or on behalf of authorities, they need not be official policy, and require only tolerance rather than explicit approval. The first prosecution for crimes against humanity took place at the Nuremberg trials. Initially being considered for legal use, widely in international law, following the Holocaust a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violation of human rights norms, as found in the Declaration, are an expression of the political pathologies associated with crimes against hum ...
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Combatant
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It states that "Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities." Consequently, on the other hand combatants, as a rule, are legal targets themselves for the opposite side regardless the specific circumstances at hand, in other words, they can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support. In addition to having the right to participate in hostilities, combatants have the right to the status of prisoners of war when captured during an international armed conflict. "While all comb ...
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Protocol III
Protocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. Under the protocol, the protective sign of the Red Crystal may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross or Red Crescent symbols. People displaying any of these protective emblems are performing a humanitarian service and must be protected by all parties to the conflict. History By the middle of the 19th century, modern warfare had become increasingly indiscriminate. It was not uncommon for a combat medic on the field of battle to be fired upon and to die while collecting and caring for the wounded. There was a growing recognition of the need to distinguish medical personnel from combatants, to make it easier for military commanders to avoid and protect them. Allowing each country to develop its own emblem would have led to confusion. What was needed to save lives was a single neutral ...
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Protocol II
Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''non-international'' armed conflicts. It defines certain international laws that strive to provide better protection for victims of ''internal'' armed conflicts that take place within the borders of a single country. The scope of these laws is more limited than those of the rest of the Geneva Conventions out of respect for sovereign rights and duties of national governments. As of July 2020, the Protocol had been ratified by 169 countries, with the United States, India, Pakistan, Turkey, Iran, Iraq, Syria, and Israel 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 signature was given prior to the 1979 Iranian Revolution. Introduction Historically, international law of armed conflict addressed traditional declarations of war between nations ...
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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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Fourth Geneva Convention
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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Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised at the 1949 conference. It defines humanitarian protections for prisoners of war. There are 196 state parties to the Convention. Part I: General provisions This part sets out the overall parameters for GCIII: * Articles 1 and 2 cover which parties are bound by GCIII * Article 2 specifies when the parties are bound by GCIII ** That any armed conflict between two or more "High Contracting Parties" is covered by GCIII; ** That it applies to occupations of a "High Contracting Party"; ** That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...Although one of the Powers in conflict may not be a pa ...
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Geneva Convention On Prisoners Of War (1929)
The Geneva Convention on Prisoners of War was signed at Geneva, July 27, 1929. Its official name is the Convention relative to the Treatment of Prisoners of War, Geneva July 27, 1929. It entered into force 19 June 1931. It is this version of the Geneva Conventions which covered the treatment of prisoners of war during World War II. It is the predecessor of the Third Geneva Convention signed in 1949. On their web site, the International Committee of the Red Cross states that: General provisions Article 1 makes explicit reference to Articles 1, 2, and 3 of ''Hague Convention respecting the laws and customs of war on land (Hague Conventions (1899 and 1907)#Hague Convention of 1907, Hague IV), of October 18, 1907'', to define who are Lawful combatant#Privileged combatants, lawful combatants and so qualify as prisoners of war (POW) on capture. In addition to combatants covered by Hague IV, some civilians are also covered in the section of this Convention called the "#Application of ...
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Second Geneva Convention
The Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea is one of the four treaties of the Geneva Conventions. The Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea was first adopted in 1949, it replaced the Hague Convention (X) of 1907. It adapts the main protective regime of the First Geneva Convention to combat at sea. Summary of provisions The treaty is a lengthy document consisting of 63 articles. The most essential provisions of the treaty are: *Articles 12 and 18 requires all parties to protect and care for the wounded, sick, and shipwrecked. *Article 14 clarifies that although a warship cannot capture a hospital ship's medical staff, it can hold the wounded, sick, and shipwrecked as prisoners of war. *Article 21 allows appeals to be made to neutral vessels to help collect and care for the wounded, sick, and shipwrecked. T ...
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