Legal Issues: Ius in bello (P. Grzebyk)

Question 1

Non derogable common rights

Answer 1

• Right to life
• Right to human treatment
• Freedom from slavery
• Lex retro non agit

Question 2

What is Lex retro non agit ?

Answer 2

a given action does not constitute a criminal offence if it was not prohibited by the law at the time of its commission.

Question 3

en qué fuentes de derecho se encuentra principalmente IHL?

Answer 3

Law of Geneva

Law of Hague

Question 4

In which situations can we say that there is a lack of armed conflicts?

Answer 4

This (AP II) Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.

Question 5

to classify between an internal and an international conflict what is important: Who or where?

Answer 5

What counts is against WHO you are attacking, the territory doesn’t matter. If the USA attacks ISIS in Syria, they are attacking ISIS so it counts as an internal conflict.

Question 6

in principle who is protected by IHL?

Answer 6

people not taking part in hostilities, who are hors de combat

Question 7

groups protected by IHL (5)

Answer 7

1. Wounded, sick and shipwrecked members of armed forces.
2. Prisoners of War (PoW).
3. Civilians.
4. Medical and religious personnel.
5. Peacekeepers (other UN officials, humanitarian workers).

Question 8

IHL Fundamental Principles (2)

Answer 8

1. To alleviate the suffering caused by war.

2. To help other humans in suffering without distinguish religion, race, political ideas, etc.

Question 9

Dichotomy between objectives

Answer 9

everything that is not a military objective, is a civilian object. Any military use of a civilian building, object turns it into a military objective. Example: soldiers shooting from a school.

Question 10

Where is the Dichotomy of status stated in law?

Answer 10

art. 4 III GC, art. 43 AP I

Question 11

TRUE OR FALSE: It is legal to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population during an armed conflict.

Answer 11

FALSE. It is prohibited.

Question 12

TRUE OR FALSE: Indiscriminate attack to civilians or civilian objects are prohibited

Answer 12

TRUE

Question 13

TRUE OR FALSE: A civilian has right to take part in hostilities

Answer 13

FALSE

Question 14

Military objectives are limited to…

Answer 14

objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

Question 15

TRUE OR FALSE: If you are a member of a non-state armed force, IHL doesn’t apply to you and you don’t have any right.

Answer 15

TRUE: This is reason why terrorists or guerrilla members show themselves as civilian to avoid being an easy target.

Question 16

Principle of Proportionality

Answer 16

an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

Question 17

The problem with proportionality is that …

Answer 17

no guidance exists, you can’t define how many civilians death is too much.

Question 18

Principle of causing unnecessary suffering

Answer 18

Is prohibited to provoke a prolonged suffering, the land mines are prohibited because they stay and kill people anytime.

Question 19

definition of a civilian

Answer 19

civilian is a person who does not belong to state’s or organized armed forces

Question 20

TRUE OR FALSE: A combatant doesn’t have the status of combatant but he can have the status of PoW

Answer 20

FALSE. a combatant does not have the status of combatant, nor PoW

Question 21

continuous combat function

Answer 21

?

Question 22

Prohibited weapons

Answer 22

• 1868 dum dum (expanding bullet)
• 1972 biological
• 1980 CCW
  — Non-detectable fragments
  — Mines-baby troops other devices —
  — Incendiary weapon
  — Blinding laser weapon
  — Explosive remnants of war
• 1993 chemical weapon
• 1997 anti-personnel mines —
• 2008 cluster munition

Question 23

medical personnel emblem

Answer 23

• red cross
• red crescent
• red star of david
• red crystal

Question 24

The term collateral damage: Select one:

a. means excessive damage or losses among intervening forces, which could and should be avoided
b. in the concept of risk-transfer war by M. Shaw means the casualties that has to be revealed by the media due to the global surveillance mode and control over the conduct of intervention
c. means the damage caused to the intervening forces
d. means the unintended damage in result of military operation

Answer 24

d. means the unintended damage in result of military operation

Question 25

Principle of proportionality in International Humanitarian Law:

Select one:

a. it is not allowed to commit an attack if it is possible to predict that it would cause a civilian losses clearly excessive to the overall military advantage anticipated
b. means that destruction of important military object always justifies civilian losses
c. means that belligerents must distinguish between combatants and civilians
d. means that when attacked, country has a right to respond with exactly the same scale of violence as that used against this state

Answer 25

a. it is not allowed to commit an attack if it is possible to predict that it would cause a civilian losses clearly excessive to the overall military advantage anticipated

Question 26

A protective emblem for medical personnel during armed conflict is:

Select one:

a. red star of David
b. red karo
c. red diamond
d. red cristal
e. red square

Answer 26

d. red cristal

Question 27

Protected person during armed conflict is

Select one or more:

a. civilian person taking direct part in hostilities
b. a fighter
c. a combatant
d. religious personnel

Answer 27

d. religious personnel

Question 28

International Humanitarian Law should be applied

Select one or more:

a. during riots
b. during internal armed conflict
c. during all kind of internal disturbances
d. during antiterrorist operation
e. during international armed conflict

Answer 28

b. during internal armed conflict

e. during international armed conflict

Question 29

The attack can be lawfully performed against:

Select one or more:

a. only against military objectives because of their nature
b. against civilian objects which are used for military purposes
c. any civilian object if this is needed
d. only against military objectives

Answer 29

b. against civilian objects which are used for military purposes
d. only against military objectives

Question 30

Among weapons which are prohibited there are:

Select one or more:

a. laser weapon
b. all kinds of landmines
c. intercontinental ballistic missiles
d. cluster munition

Answer 30

d. cluster munition