Session 10 Flashcards
What is the main treaty rule that always applies in NIACs?
Common Article 3 of the Geneva Conventions. It sets basic humanitarian rules for all parties in a NIAC.
Why is Common Article 3 important?
It applies universally and protects people not taking part in fighting, like civilians and the wounded.
What does Additional Protocol II (AP II) add to Common Article 3?
It provides more detailed rules for NIACs involving state forces and organized armed groups controlling territory.
Does AP II apply to all countries?
No. Only 168 states have ratified it, so it doesn’t apply everywhere.
Name three treaties that also apply in NIACs.
1) Ottawa Treaty (bans landmines),
2) Chemical Weapons Convention,
3) 1954 Cultural Property Convention.
Do weapon-specific treaties apply in NIACs?
es. Examples include the 1996 Mines Protocol and Protocols I, III, IV, and V of the 1980 Weapons Convention.
List three key principles of customary IHL.
1) Protect civilians,
2) No indiscriminate attacks,
3) Use force proportionally.
Who is protected under customary IHL in NIACs?
Civilians, the wounded, medical staff, and anyone not directly involved in fighting.
What are some prohibited acts under customary IHL?
Perfidy (trickery), forced movement of civilians, harming those in custody.
Does international human rights law apply during a NIAC?
Yes. Human rights continue to apply alongside humanitarian law.
What role does domestic law play in NIACs?
National law still applies in the country where the conflict happens.
Are both sides in a NIAC bound by IHL?
Yes. Both government forces and armed groups must follow IHL.
What does Common Article 3 say about parties in a conflict?
It says each party must follow the humanitarian rules.
Who does AP II apply to?
It applies to conflicts between government forces and organized armed groups who control territory and follow command structure.
Does customary IHL bind non-state actors too?
Yes. It applies to both state and non-state armed groups in NIACs.
Can armed groups be held responsible under international law?
Yes. Even without legal statehood, they must follow IHL rules and can be held accountable.
Common article 3, all parties to a conflict shal be bound”
Who is responsible for teaching IHL in a NIAC?
States must train their armed forces, and ideally inform civilians too.
Geneva conventon 1, article 47
What are special agreements in NIACs?
parties to a NIAC agree that in addition to the basic provisions of Common Article 3, their conflict will be subject to all, or some, of the other provisions of the Geneva Conventions
How can non-state groups show respect for IHL?
Through unilateral declarations or by signing documents like Geneva Call’s Deed of Commitment.
Do these commitments by armed groups count as treaties?
No, but they show willingness to follow IHL and can be used as evidence of intent.
Can individuals be punished for war crimes in NIACs?
Yes. War crimes in NIACs can lead to prosecution by international courts like the ICC.
What crimes can be prosecuted in NIACs?
War crimes, crimes against humanity, and sometimes genocide.
What is “command responsibility”?
Leaders can be held accountable if they knew about crimes and didn’t act to stop or punish them.
What role does group structure play in legal accountability?
Courts may consider how organized a group is when deciding responsibility, especially for crimes against humanity.
What is the main goal of international criminal law?
To hold individuals accountable for serious violations of international law
When did international criminal law begin to develop significantly?
After World War II, with the Nuremberg and Tokyo tribunals.
What are the four core international crimes?
War crimes, crimes against humanity, genocide, and possibly aggression.
What is universal jurisdiction?
A state can prosecute someone for international crimes, even without a direct link to the crime or the accused.
What is the legal consequence of classifying an act as an international crime?
tates must prosecute the offenders, possibly using universal jurisdiction.
How is international criminal law related to international humanitarian law (IHL)?
Some violations of IHL, like grave breaches, are also international crimes and must be prosecuted.
Which documents define “grave breaches” of IHL?
The Geneva Conventions and Additional Protocol I (AP I).
What are war crimes under international law?
Serious violations of IHL, including grave breaches and other major offenses.
What role do international tribunals play in IHL interpretation?
They clarify complex legal questions, like in the ICTY’s Tadic decision on NIACs.
What are the main enforcement systems of international criminal law?
National courts, ad hoc tribunals, mixed tribunals, and the International Criminal Court (ICC).
What types of courts can enforce international criminal law?
Military courts, civilian courts, ad hoc tribunals, internationalized tribunals, and the ICC.
What are the key principles stated in the preamble of the Rome Statute of the International Criminal Court?
People are united by common bonds and shared heritage, but this is under threat.
The world remembers the millions of victims of horrific crimes.
These crimes are a threat to peace and safety.
The worst crimes must not go unpunished, and justice needs strong national and international efforts.
Ending impunity will help prevent future crimes.
Every state has a duty to prosecute those responsible.
The UN Charter’s principles must be respected—no use of force or interference in other states.
The ICC will be independent and work with the UN.
It will only act when national courts can’t or won’t—complementary, not a replacement.
The goal is to ensure respect for justice worldwide.
