refugee law 1-3

Question 1

what is intl humanitarian law

Answer 1

International Humanitarian Law (IHL) is a compilation of rules that aim to mitigate the humanitarian consequences of armed conflict.

It protects those who are not or are no longer engaged in hostilities and limits the means and techniques of warfare. It is also known as the law of war or the law of armed conflict.

Question 2

Jus In Bello and Jus Ad Bellum

Answer 2

Jus ad bellum refers to the right to resort to war or to the use of armed force in general. The prohibition against the use of force amongst States and the exceptions to it (self-defence and UN authorization for the use of force), set out in the United Nations Charter of 1945, are the core ingredients of jus ad bellum
Also known as the law on the use of force or jus contra bellum

Jus in bello regulates the conduct of parties engaged in an armed conflict. IHL is synonymous with jus in bello; it seeks to minimize suffering in armed conflicts, notably by protecting and assisting all victims of armed conflict to the greatest extent possible. Applies to all parties in an armed conflict, regardless of the reasons for the conflict

Question 3

what is synergy in IHL

Answer 3

Synergy
Common purpose: Both laws aim to protect human life and dignity.
Mutual reinforcement: In many cases, the two laws complement each other, especially when protecting people who are under the control of a party in conflict.
Application in armed conflict: Both laws apply in armed conflict, but IHL deals with the conduct of parties to the conflict, while IHRL protects individuals from arbitrary state behavior.

Dissonance
Non-state actors: It’s contested whether non-state actors have human rights obligations.
Military necessity: IHL tries to balance military necessity with common humanity.
Derogations: Some IHRL treaties allow governments to limit certain rights in public emergencies, such as armed conflict.
Application

IHL
IHL applies in armed conflict, and no derogations from its provisions are allowed.
IHRL
IHRL applies at all times, including during armed conflict. However, some rights may be limited in public emergencies.

Question 4

Fundamental Principles of International Humanitarian Law

Answer 4

1. Humanity
   The principle of humanity reflects the idea that people should be treated with respect and protected from unnecessary suffering
2. Proportionality
   This article prohibits attacks when the
   civilian harm would be excessive in relation to the military advantage sought. This is an area of
   hostilities where we often hear the term ‘collateral damage’.The principle of proportionality limits the degree of force that can be used in a conflict.
3. Distinction
   The principle of distinction requires that civilians be protected from attacks and that military objectives be clearly separated from civilian objects The principle of distinction is set out in Articles of Additional Protocol 1 to the Geneva Conventions. The Conventions define who is a combatant and a military object that can be lawfully attacked
4. Military necessity
   The principle of military necessity limits the use of force to what is necessary to achieve a legitimate military objective

Question 5

Armed conflict.

Answer 5

Armed conflict. ‘An armed conflict is said to exist when there is an armed confrontation between the
armed forces of States (international armed conflict), or between governmental authorities and organised armed groups or between such groups within a State (non-international armed conflict). Other situations of violence, such as internal disturbances and tensions are not considered to be armed conflicts.’ (International Committee of the Red Cross – ICRC)

International armed conflict (IAC)
Involves the armed forces of states
* Can include the invasion of another state’s territory
* Can include the occupation of another state’s territory
* Can include minor skirmishes between armed forces
Non-international armed conflict (NIAC)
* Involves armed groups and governmental authorities, or between armed groups within a state
* Can include armed confrontations between governmental armed forces and armed groups

Question 6

SOURCES OF IHL

Answer 6

‘Treaty law’ and ‘customary international law’ are the main sources of international
humanitarian law. Treaties, such as the four Geneva Conventions of 1949 and their Additional Protocols of 1977, are written sources in which States formally establish certain rules. Customary international law derives from “a general practice accepted as law”.

Question 7

geneva conventions

Answer 7

The First Geneva Convention protects wounded and sick soldiers on land during war.

The Second Geneva Convention protects wounded, sick and shipwrecked members
of armed forces at sea during war.

The Third Geneva Convention applies to prisoners of war.

The Fourth Geneva Convention affords protection to civilians, including in occupied
territory.

Question 8

Martens Clause

Answer 8

It states that when there is no specific IHL treaty covering a topic, the principles of
humanity and public conscience must protect civilians and combatants.

The clause provide that something which is not explicitly mentioned prohibited under
a treaty is not ipso facto permitted.
It is not possible for complete codification of the modern rules of IHL, therefore, the
Martens clause prevents one from suggesting that something which isn’t protected is
permitted.

Question 9

Kunduz Hospital Attack (KW Case)

Answer 9

US airstrike on Doctors Without Borders, in Kunduz Afghanistan killing 42 people
Justification by U.S.: U.S. officials claimed the strike was intended to target Taliban insurgents.

The Kunduz hospital was a protected facility under IHL, and no evidence suggested itwas being used for military purposes. The attack violated the principle of distinction
and precaution.

Question 10

HASSAN VS. UNITED KINGDOM

Answer 10

Tarek Hassan, an Iraqi national, was detained by British forces in Iraq in April 2003 during the hostilities following the U.S.-led invasion.
Hassan was taken to a detention facility, interrogated, and later released without charge after a brief period of detention.

Tarek Hassan’s detention violated Article 5 (right to liberty and security) of the European Convention on Human Rights (ECHR).

JUDGEMENT

The ECtHR ruled that the detention was not arbitrary and did not violate Article 5.
The Court acknowledged that the UK was conducting operations under IHL during an international armed conflict.
\The Court concluded that IHL allows for the detention of individuals as prisoners of war or for imperative security reasons, which can justify certain derogations from
Article 5.
The Hassan v. UK case remains a cornerstone judgment for understanding the
interplay between IHL and IHRL, especially regarding the detention and treatment of
individuals during armed conflict.

Question 11

Prosecutor v Tadic

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Answer 11

an armed con
flict involving non-state groups arises only if the violence is protracted and the non-state groups are organised
1. Charges: Crimes against humanity, war crimes, and grave breaches of the Geneva Conventions
that the main parties to the conflict in
were the government of the Republic of Bosnia and Herzegovina, on
the one hand, and the Bosnian Serb forces, on the other.

1. The ICTY ruled that the conflict in Bosnia was both international and non-international in nature, depending on the involvement of foreign actors (like Serbia). This helped clarify when an armed conflict transforms from non-international to international based on external state control.
2. Before this case, war crimes were mainly recognized in international conflicts. this case held that individuals could be held responsible for war crimes in non-international conflicts too.
3. Doctrine of “Overall Control”- tribunal ruled that a state (serbia) can be held responsible for actions of a group if it has overall control, even if it does not directly order every act.
   this differed from the “effective control” test established later by the ICJ in Nicaragua v. USA, which required a higher threshold of control.

it also discussed on how to qualify a situation as armed conflict in order to apply IHL to it, stating that theres a certain level of organisation of a group as prerequisite for applicability for intl humanitarian law, specially involing non-state actors in order to distinguish armed conflict from sporadic outbreaks of violence like riots typically it requires armed grp to have organised and a clear chain of command

Question 12

human rights law vs intl humanitarian law

International humanitarian law (IHL) and human rights law are complementary.

Answer 12

Human rights law applies at all times and in all circumstances, and it concerns all persons
subject to the jurisdiction of a State. Its purpose is to protect individuals from arbitrary
behavior by the State. Human rights law, therefore, continues to apply in times of armed conflict.

In times of armed conflict, a special system of law, IHL, comes into effect. It is a set of rules
especially adapted to armed conflict that serves to protect the victims of war and those no longer involved in hostilities (civilians,
wounded and sick, prisoners, displaced, etc.) and to regulate the conduct of hostilities.

IHL can govern extra territorially- given that its purpose is to regulate the conduct of one or
more States involved in an armed conflict on the territory of another.IHL binds all parties to an armed conflict and thus establishes an equality of rights and obligations between the State and the non-State side for the benefit of everyone who may be affected by their conduct.

Human rights law explicity governs relationship between a State and persons who are on its territory and/or subject to its jurisdiction (an essentially ‘vertical’ relationship), thus HR law only binds STATES

Question 13

Lieber Code

Answer 13

The earliest attempt for the codification of the law relating to war was made in the US.
Francis Lieber, was asked to frame rules concerning conduct during civil war. He formed
“Instructions for the Government of Armies of the US in the field” later known as Lieber code.
It was heavily drawn upon as the basis for Hague and Geneva Conventions.
It identified the principle of military necessity to limit violence.
It also distinguished between combatants and non-combatants
Conditions for the prisoner of war.

Question 14

IHL IN ISLAMIC RELIGION

Answer 14

The Islamic concept of humanitarian law is based on Quran and Sunna.

Like modern humanitarian law, Islam think of war only as avoidable, not as desired, or to be sought after.
It is resorted to under extraordinary circumstances
when all means fail.

Under Quran, War is permitted under only in defense -especially of defense of religion. The
aggressive war is against the teaching of Quran.
The idea of respect for the dignity and integrity of the human is central to the Islamic concept humanitarian law.
1. The Islamic humanitarian law forbids Muslim combatants to torture their enemies or prisoners of war
to subject them to treatment contrary to human dignity.

2. Islam advises to refrain from shedding of blood, or destruction of property not
   necessary for achieving the objective of war.
3. Islam also acknowledges the distinction between civilian and non-civilian population and establishes protection of to people who are not directly involved in conflict. prohibits killing of women and childeren

Question 15

IHL In christianity

Answer 15

There has been two strands of thought on war in Christian history; 1) Christian Pacifism; and 2) rules of just war.
Under this, aggressive war was considered a sin. The justness of war was considered as irrelevant.A military career for Christians were disapproved. This was in the pre-Constantine era.

There were just conducts of war given; 1) war should be waged only under necessity;2) war
must have a just cause; 3) war should be waged by a legitimate ruler.

Question 16

IHL and ancient greece

Answer 16

Plato’s Republic, written around 375 BCE,
where it is noted that citizens of occupied territories should not be enslaved or attacked, corpses should not be robbed and conquering forces should refrain from burning houses or destroying occupied lands.

He noted the importance
of maintaining goodwill between states even in times of armed conflict, in order to facilitate the progress of their common culture. although these protections were given only to other greeks and not other races who plato considered barbarians (barbs included women and slaves) who he thought did not have aspirations and common goals as citizens of greece and thus were beneath them

Question 17

common article 3 geneva convention

Answer 17

Common Article 3 of the Geneva Conventions

Common Article 3 is a key provision in the 1949 Geneva Conventions that applies to non-international armed conflicts (civil wars, insurgencies, and internal conflicts). Unlike other Geneva Convention rules that primarily govern conflicts between states, this article ensures minimum humanitarian protections in internal conflicts.

Key Provisions of Common Article 3

1. Applies to Non-International Armed Conflicts
   
   • Covers conflicts within a single country (e.g., civil wars, rebellions).
   • Binds both government forces and non-state armed groups (e.g., rebels, militias).
2. Minimum Protections for Those Not Fighting
   
   • Prohibits violence against:
     
     • Civilians
     • Wounded or sick combatants
     • Prisoners or detainees (those who have surrendered or are out of combat).
3. Prohibitions Against Atrocities
   
   • Murder (killing civilians or captured fighters).
   • Torture and inhumane treatment.
   • Taking hostages.
   • Humiliating or degrading treatment (e.g., public shaming, sexual violence).
4. Fair Trials for Detainees
   
   • Anyone accused of crimes must receive a fair trial by a properly established court.
   • Summary executions and arbitrary punishments are strictly prohibited.

Significance of Common Article 3

• First time international law applied to internal conflicts, not just wars between states.
• Inspired the development of customary international law on war crimes.
• Used as a basis for prosecutions in war crimes tribunals, including the ICTY, ICTR, and ICC.
• Reinforced in Additional Protocol II (1977)

Question 18

common article 2 of geneva convention

Answer 18

attempts to define when intl humanitarian law will apply as armed conflict is too vague.
states that the convention will apply to all cases of declared which may arise between 2 or more contracting parties even if one of them doesnt recognise the declaration of war.

it will also also apply to the all cases of partial or total occupation of the territory even if the occupation is not met with armed resistances.
further elaborated and used in prosecutor v tadic

Question 19

in Prosecutor v Tadic what test was laid down

Answer 19

two distinct
tests for the existence of an armed conflict.

The first test refers to ‘a resort to armed force between States’. This is the classic
definition of an international armed conflict. It traditionally involves a formal declaration of warfare by one or both states, although this is not strictly necessary.

The second test refers to ‘protracted armed violence between governmental
authorities and organized armed groups or between such groups within a State’. This formulation recognizes that international humanitarian law may also
apply to conflicts involving non-state groups.
The test covers both conflicts involving a combination of states and non-state groups
and conflicts in which no states are directly involved.

Question 20

Elements of organized armed force

Answer 20

Existence of a command structure. Example; existence of a headquarters, high command, internal regulations,

Existence of military (operational) capacity: ability to use military tactics,
ability to carry out large scale military operations,

Existence of logistical capacity.

The ability of the group to speak with one voice. Example; political negotiations

Question 21

Examples of Non-International Armed Conflict

Answer 21

Syrian Civil War (2011–present)

• State Party: Syrian government forces (backed by allies like Russia).
• Non-State Armed Group: Free Syrian Army (FSA) and other opposition forces.
• The FSA, formed by defectors from the Syrian Armed Forces, became one of the
  primary organized groups fighting against the Assad regime.
• Over time, numerous other factions, including extremist groups like ISIS and Jabhat
  al-Nusra, entered the conflict.

Question 22

scope of armed conflict

Answer 22

Geographical armed conflict: Some aspects of international humanitarian law apply within the ‘entire territory’ of
the parties for the duration of the conflict.In the case of non-international conflicts, international humanitarian law applies in
so much of the territory as is under the control of one or more of the parties to the conflict.

Temporal armed conflict-The temporal reach of international humanitarian law, on the other hand, extends
from the initiation of hostilities until ‘a general conclusion of peace is reached’. Declaration of an armistice or ceasefire does not have the effect of terminating an armed conflict unless it constitutes a peace agreement and is followed by a general cessation of hostilities. Prisoners of war, for
example, gain the protection of Geneva Convention III from the time they fall into the power of the enemy until their final release and repatriation.

Question 23

Prosecutor v. Kunarac

Answer 23

The Appeals Chamber judgment in Kunarac sets out a list of factors that may be
considered in assessing whether an act is related to the conflict. These include:
1. the fact that the perpetrator is a combatant;
2. the fact that the victim is a non-combatant;
3. the fact that the victim is from a group associated with the enemy;
4. the fact that the act may be said to serve the perpetrators of military campaign; and
5. the fact that the crime is committed as part of or in the context of the perpetrator’s official duties.

Question 24

Test of Control

Answer 24

When is a party to a non-international conflict deemed to be acting ‘on behalf of’ a
third-party state, thereby internationalizing the conflict?

The first test arises from the International Court of Justice (ICJ) decision in the case
of Nicaragua v United States.

In that case, the ICJ held a party is acting on behalf of a state if the state has ‘effective control’ over the group. The ICJ in Nicaragua presented the effective control test as generally applicable to determining state responsibility for the actions of non-state groups
asks whether the state ‘wields general control over the
group, not only by equipping and financing [it], but also by coordinating or helping in the general planning of its military activity’..

Question 25

to be a lawful combatant requirements:

Answer 25

* Be a part of hierarchical military organization * Wear a uniform and a distinctive sign recognizable at a distance * Carry arms openly * Conduct operations according to the laws and custom of wars The types of situations envisaged in Additional Protocol I where it is not possible for combatants to distinguish themselves from civilians include resistance movements in occupied territories, wars of national liberation and civilians spontaneously taking up arms as the last line of defence.

Question 26

Rights and Protection of Lawful Combatants

Answer 26

If captured, lawful combatants are treated as prisoner of war. This status affords them several protections under the Geneva Conventions, including: 1. Humane treatment without any adverse distinction 2. The right to communicate with the outside world 3. Protection against violence, intimidation, insult, and public curiosity

Question 27

Article 4 of Geneva Convention III

Answer 27

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. 3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power. (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided it is organised: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.

Question 28

Unprivileged Belligerents

Answer 28

If a non-combatant becomes directly involved in the conflict and is subsequently captured, she or he will not be entitled to prisoner of war status. This is why fighters who do not qualify as combatants are sometimes called ‘unprivileged belligerents. The fact that unprivileged belligerents do not qualify for prisoner of war status if captured therefore provides a real disincentive for non-combatants to take up arms.

Question 29

do unpriviliged belligerents have rights

Answer 29

1. ‘protected persons’ regime in Part III of Geneva Convention IV, which extends detailed protections to people who fall into the hands of a party to a conflict of which they are not nationals. but ofc this doesnt apply if they are in th ehands of their allies or own state 2. Article 75 of Additional Protocol I, which lists the ‘fundamental guarantees’ that protect all persons who fall into the hands of a party to an armed conflict. **only applies to intl armed conflict**

Question 30

two 1977 Additional Protocols

Answer 30

Regarding international armed conflicts, Additional Protocol II provides special safeguards for civilians who take part in hostilities, but they do not correspond to the reality and activities of non-state armed groups, who are also present in international armed conflicts. The two 1977 Additional Protocols have tried to extend the status of combatant in international armed conflicts and to create regimes of protection for civilians who directly participate in hostilities in the two types of conflict **The view that combatant status does not exist in non-international conflicts also risks giving the impression that captured fighters in such conflicts are entirely at the mercy of the enemy. Captured fighters in internal conflicts are afforded a range of protections under international law, including those contained in Common Article 3 to the Geneva Conventions and Articles 4, 5 and 6 of Additional Protocol II.**

Question 31

PROPORTIONALITY test

Answer 31

proportionality requires that the expected military advantage of an attack be reasonable, precise, and calculative to the potential harm caused to the civilians and civilian objects. ASSESSMENT: * The expected military advantage of the attack * The potential harm to civilians * Whether the attack can be limited to military objectives * Whether alternative methods or tactics could achieve the same military objectives with less harm to civilians KEY CONSIDERATION - Precaution: states must take all feasible precautions to verify that targets are military objectives and minimize harm Proportionality in the attacks: this principle applies to each specific attack, not to the overall military campaign Constant re-assessment: the assessment must be ongoing, as circumstances can change during an attack.

Question 32

NON-INTERNATIONAL ARMED CONFLICT (NIAC): -

Answer 32

NON-INTERNATIONAL ARMED CONFLICT (NIAC): - Common article 3 of geneva convention, also known as mini geneva convention - - Only if a state is party to AP2 A NIAC occurs when there is protracted armed violence between - - A state’s armed forces and organised non-state armed groups or - Between non-state armed groups within a state - the conflict must meet a certain threshold - organisation of parties - command structure - disciplinary rules - headquarters and territorial control - weapons and similar military equipment - training and recruitment in a systematic manner - in the other protracted armed violence - intensity number, duration, and intensity of individual confrontation

Question 33

JUAN CARLOS ABETTA v ARGENTINA

Answer 33

JUAN CARLOS ABETTA v ARGENTINA PAGE 12 The Abetta case concluded that an armed conflict had occurred even though it lasted for 30 hours. The concerted nature of the hostile acts undertaken by the attackers, the direct involvement of governmental armed forces and the nature and level of violence resulted in qualifying this as a NIAC. The IACHR noted that the case involved a carefully planned, coordinated and executed armed attack against a quintessential military objective / a military base. NIAC under AP2 always requires government forces that are state to be involved in the conflict.

Question 34

EFFECTIVE CONTROL TEST usa v nicaragua

Answer 34

USA v Nicaragua **Definition:** The test requires a state to have direct control over specific actions of a non-state group for those actions to be attributed to the state. **Key Features**: the state must issue specific orders or exercise command authority over the group’s activities. The state's involvement must be proven for each operation A high threshold of evidence is required to establish this direct link. **FACTS of the case: ** The US provided financial, logistical, and military support to the contra-rebels fighting the government. Nicaragua alleged that the US was responsible for the Contras actions, including violations of international law. Application of test with facts: **The ICJ held that for the actions of the Contras to be attributed to the US, the US needed to have effective control ( that is, planning and directing individual attacks) ** The court found that, while the US supported the contras,** it did not direct or control specific operations. ** Outcome: The ICJ applied an effective control test, requiring proof of direct orders or control over particular acts.

Question 35

FIRST GENEVA CONVENTION- wounded soldiers

Answer 35

Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. It defines "the basis on which rest the rules of international law for the protection of the victims of armed conflicts. **It is inextricably linked to the International Committee of the Red Cross (ICRC), which is both the instigator for the inception and enforcer of the articles in these conventions.**

Question 36

APPLICATION of genev c 1

Answer 36

The convention **"derived its obligatory force from the implied consent of the states which accepted and applied them in the conduct of their military operations.** "Despite its basic mandates, listed below, it was successful in effecting significant and rapid reforms. This first effort provided only for: 1. the immunity from capture and destruction of all establishments for the treatment of wounded and sick soldiers, 2. the impartial reception and treatment of all combatants, 3. the protection of civilians providing aid to the wounded, and 4. the recognition of the Red Cross symbol as a means of identifying persons and equipment covered by the agreement.

Question 37

GENERAL PROVISIONS of geneva conv. 1

Answer 37

Article 2: Application of the Convention The present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. **Persons not actively participating in hostilities, including disarmed combatants and those incapacitated by sickness, wounds, or detention, must be treated humanely without discrimination.** The following acts are** strictly prohibited:** a) Violence, including murder, mutilation, torture, and cruel treatment; b) Taking hostages; c) Humiliating or degrading treatment; d) Executions without a fair trial by a legitimate court. The wounded and sick must be collected and cared for.

Question 38

article 14-18 of geneva conv 1

Answer 38

**Article 14: Status** Wounded and sick combatants captured by the enemy become **prisoners of war**, subject to international laws governing their treatment. **Article 15: Search and Evacuation** After any conflict, parties must **immediately search for, collect, and care for** the wounded and sick while protecting them from harm or looting. The dead must also be safeguarded. Ceasefires should be arranged when possible to allow for evacuation and medical assistance. **Article 16: Recording Information** Each party must promptly **record identifying details** of wounded, sick, or deceased enemy personnel in their custody. **Article 17: Handling of the Dead** The dead must be **examined before burial or cremation** to confirm identity and cause of death. Graves must be properly marked, and identity discs should remain with the body. Cremation is only permitted for hygiene or religious reasons, with records kept. **Article 18: Role of Civilians** Civilians may **voluntarily assist in caring for the wounded**, with protection from harm. Even in occupied areas, they must be allowed to provide aid without fear of punishment.

Question 39

CHAPTER III-MEDICAL UNITS AND ESTABLISHMENTS

Answer 39

Article 19: Protection Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked but shall at all times be respected and protected by the Parties to the conflict. - if they are in the hands of the adverse party- they should be able to continue their duties **Article 20: Protection of Hospital Ships** Hospital ships entitled to the protection of the Geneva Convention shall not be attacked from the land. **Article 21: Discontinuance of protection of medical establishments and units** fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given for reasonable time **Article 23: Hospital zones and localities**Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities.

Question 40

ISRAEL v PALESTINE (ICJ ADVISORY OPINION):

Answer 40

the ICJ addressed Israel’s treatment of Palestinian prisoners in the occupied territories, referring to the Third Geneva Convention. The Court found that Israel was in violation of the conventions requirements regarding humane treatment and fair trial guarantees for POWs. Thematic representation of rights under POW Convention 1. Humane Treatment (13-16) 2. Conditions of Detention (17-26)

Question 41

reatment of Victims and Prisoners of War: Protection of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea The Second Geneva Convention (1949)

Answer 41

**1. Key Protections Under the Second Geneva Convention** **a) Respect and Care for the Wounded, Sick, and Shipwrecked** - All **wounded, sick, and shipwrecked personnel** must be **rescued, protected, and cared for**, regardless of nationality (Article 12). - Acts of **violence, execution, or inhumane treatment** against them are **strictly prohibited** (Article 12). - Shipwrecked individuals include **those from sunken warships, downed aircraft, and those forced into the sea due to combat**. **b) Search, Collection, and Evacuation** - Parties to the conflict must **search for and recover** the wounded, sick, and shipwrecked **without delay** (Article 18). - They must be provided **adequate medical care** and must not be left to drown or die from exposure. **c) Protection of Medical Ships and Transports** - Hospital ships and medical transports **must not be attacked** and must be **respected in all circumstances** (Article 22). - They must be **clearly marked** with the **Red Cross or Red Crescent emblem** (Article 43). - Neutral countries’ medical ships **must be allowed to assist** (Article 25). **d) Protection of Civilian Medical and Relief Workers** - Civilian medical personnel and rescue teams assisting the wounded and shipwrecked must be protected and allowed to perform their duties without interference (Article 37). **e) Treatment of Captured Personnel (Prisoners of War at Sea)** - Captured enemy wounded, sick, or shipwrecked members must be **treated humanely** and are entitled to the same protection as **prisoners of war (POWs)** under the **Third Geneva Convention**. - They **cannot be tortured, executed, or mistreated**. **f) Role of Neutral Nations and the International Committee of the Red Cross (ICRC)** - Neutral ships may rescue the wounded and shipwrecked **without it being considered an act of war** (Article 38). - The **ICRC and other humanitarian organizations** may offer assistance. --- **2. Additional Protections Under Additional Protocol I (1977)** The **Additional Protocol I** to the Geneva Conventions expands protections by: - **Extending coverage to civilians** affected by naval warfare. - **Strengthening protections** for medical aircraft and hospital ships. - **Ensuring better coordination** between warring states and neutral humanitarian missions. --- **Conclusion** The **Second Geneva Convention (1949) and Additional Protocol I (1977)** establish clear legal obligations to protect **wounded, sick, and shipwrecked members of armed forces at sea**. These laws prohibit attacks on **medical ships and personnel** and mandate **humane treatment and rescue efforts**. Violations of these protections are considered **war crimes** under international law.

Question 42

art 25-27 genconv 2

Answer 42

Article 25: II Neutral Countries Hospital ships utilized by National Red Cross Societies, officially recognized relief societies, or private persons of neutral countries **shall have the same protection as military hospital ships and shall be exempt from capture, on condition that they have placed themselves under the control of one of the Parties to the conflict**, with the previous consent of their own governments and with the authorization of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning notification have been complied with. **Article 26: Tonnage** The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shall endeavour to utilize, for **the transport of wounded, sick and shipwrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross.** **Article 27: Coastal rescue craft** Under the same conditions as those provided for in Articles 22 and 24, small craft employed by the State or by the officially recognized lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational requirements permit **The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.**

Question 43

spiec mercenary and unprivileged belligerents

Answer 43

**Status of Spies, Mercenaries, and Unprivileged Belligerents in International Humanitarian Law** International Humanitarian Law (IHL), primarily governed by the **Geneva Conventions (1949) and Additional Protocols (1977)**, distinguishes between **lawful combatants** and **unprivileged belligerents** (such as spies, mercenaries, and irregular fighters). Unlike regular armed forces, these individuals often do not enjoy the full protections granted to **prisoners of war (POWs)** under the Third Geneva Convention. --- **1. Spies in International Humanitarian Law** ### **Definition of a Spy (Article 46, Additional Protocol I & Article 29, Hague Convention 1907)** A **spy** is an individual who, acting secretly or under false pretenses, gathers intelligence in enemy-controlled areas. **Legal Status & Treatment** - Spies **do not qualify as POWs** if captured and can be tried and punished under the domestic laws of the detaining power. - However, **if a spy rejoins their national forces before being captured, they retain combatant and POW status**. - A captured spy **must be given a fair trial** before any punishment is carried out (Article 75, Additional Protocol I). --- **2. Mercenaries in International Humanitarian Law** ### **Definition of a Mercenary (Article 47, Additional Protocol I)** A **mercenary** is a person who: - Is **recruited** to fight in an armed conflict primarily for **financial gain**. - Is **not a national** of a party to the conflict. - Is **not part of the official armed forces** of any warring state. - **Takes direct part in hostilities** without being officially recognized as a combatant. **Legal Status & Treatment** - Mercenaries **do not have POW status** if captured. - They can be prosecuted under domestic law and are not entitled to protection under the **Third Geneva Convention**. - Many countries prohibit mercenary activities under domestic and international law (e.g., **UN Mercenary Convention, 1989**). --- **3. Unprivileged Belligerents (Unlawful Combatants, Irregular Fighters, and Terrorists)** ### **Definition** Unprivileged belligerents are **combatants who do not meet the conditions** for POW status under **Article 4 of the Third Geneva Convention**. This includes: - **Militants, paramilitary groups, and insurgents** who do not follow IHL rules. - **Irregular fighters** not wearing a fixed distinctive sign or uniform. - **Terrorists** and other individuals engaging in attacks against civilians. **Legal Status & Treatment** - They **do not enjoy POW protections** and can be prosecuted under domestic law. - However, they **must still be treated humanely** under **Article 75 of Additional Protocol I** and customary IHL. - **Torture, summary execution, and inhumane treatment** are prohibited, even for unlawful combatants. --- **4. Conclusion** - **Spies and mercenaries are excluded from POW protections** and can be prosecuted under domestic law. - **Unprivileged belligerents, including terrorists and irregular fighters, do not receive POW status but must still be treated humanely**. - The distinction between lawful and unlawful combatants remains a key principle in IHL, ensuring the protection of civilians and regulating armed conflict.

Question 44

treatment of prisoner of war

Answer 44

1. According to Article 17 of Geneva Convention III, a captured combatant is required to divulge only her or his full name, rank, date of birth and any serial number.- if they choose not to- they cannot be harmed for it. 2. According to Article 18, captured combatants are entitled to retain their personal effects, including protective articles (such as gas masks), clothing and food, even if military issue. **However, arms, horses, military equipment and military documents may be confiscated.** 3. **Each party to the conflict is also obliged to establish an Information Bureau to keep records of prisoners of war and communicate their status to their home state.** 4. The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, 5. **Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as possible to a more favourable climate.** 6. Article 26-Food The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners. 7. **Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted.** 8. Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. 9. **Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate** 10. In any camps in which women prisoners of war are accommodated, separate hygene conveniences shall be provided for them. 11. **Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities.**

Question 45

Russian Wagner Mercenaries use in Syria and Ukraine

Answer 45

The Wagner Group, a Russian private military company (PMC), has played a significant role in conflicts in Syria and Ukraine. Though the Kremlin has denied direct links, evidence suggests Wagner operates as an unofficial extension of Russian military strategy. Wagner entered Syria in 2015 to support Bashar al-Assad’s regime alongside the Russian military. **Their key missions included: * Recapturing oil fields from ISIS and rebel groups. * Securing strategic locations like Palmyra and Deir ez-Zor. * Providing security for Russian-linked energy companies.**

Question 46

Israel, Military Prosecutor v. Kassem and Others Background

Answer 46

The case Israel, Military Prosecutor v. Kassem and Others (1969) was a landmark military tribunal case involving members of the **Palestinian Liberation Organization (PLO)**. The accused were captured by Israeli forces after conducting an armed attack inside Israel. Status of the Accused: The defendants claimed prisoner of war (POW) status under the Third Geneva Convention (1949). **The tribunal denied POW status to the accused, stating that they did not meet the requirements** of a regular armed force (e.g., wearing a fixed distinctive sign, carrying arms openly, adhering to the laws of war). The accused were convicted for their attacks on civilians and sentenced accordingly. The case set a precedent in defining lawful and unlawful combatants.