All Rights Reserved. Young, How May Operation Iraqi Freedom [OIF] Campaigns Were There?, HIRE G.I., 14 July 2018, https://hiregi.com/2018/07/14/how-many-operation-iraqi-freedom-oif-campaigns-were-there/, (accessed 1 May 2019). in the 1970's, any form of terrorism violates the human rights agreements and expectations ratified by many nations. The intensive inspections program instituted after the [Gulf] war uncovered evidence that the Iraqis had, in fact, been considerably further along in developing nuclear weapons than U.S. intelligence had estimated before the warAs long as the inspections effort continued and the sanctions were strictly enforced, his opportunities to resume the programs for weapons of mass destruction would be very limited. With regard to the highly controversial Iraq War, the U.S. Marine Corps former Deputy Commander of U.S. CENTCOM, Lieutenant General (LTGEN) Michael DeLong, stated in 2007 that: Although we wondered about the timing, we never wondered about the rightness of removing Saddam from power. Over 190 states follow the Geneva Conventions because of the belief that some battlefield behaviors are so heinous and damaging, they harm the entire international community. Article 3 of the Geneva Conventions covered, for the first time, situations of non-international armed conflicts. Adherence to the sanctions also gradually weakened as a number of governments France, Russia, Germany, and China, among others angled for oil contracts and other business opportunities with the Iraqis. But as the years went by, Saddam became much more aggressive in limiting the reach of the inspectors, and the inspections for all practical purposes ended in 1998. This paper also sets out international law requirements governing prisoners of war and so-called "unlawful combatants," including humane treatment, interrogation and prosecution. This agreement extended the protections described in the first Convention to shipwrecked soldiers and other naval forces, including special protections afforded to hospital ships. cit., p. 2; [Boumediene v. Bush, 2008] A. Shapiro, Supreme Court Backs Rights for Terrorist Detainees, National Public Radio NPR, 12 June 2008, https://www.npr.org/templates/story/story.php?storyId=91425261, (accessed 23 April 2019). This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the United States' practice for determining their . unlawful perpetrators of war crimes and excessive human suffering rather than victims these captured unlawful combatants had few rights or protections under the LOAC. The negligence exhibited by many of these national military contingents during these international security campaigns, in neither acting to protect the lives of non-combatant civilians targeted by hostile combatant forces, nor acting in defence of civilian property and places of worship and cultural heritage targeted for destruction by hostile combatant forces, in fact constitute failures to uphold and enforce the very laws of war now known collectively as the Law of Armed Conflict (LOAC). The circumstances of each will determine whether it legally and factually meets the qualifying conditions as an armed conflict (international or non-international). Still is to this day. In short, as terrorists or terror-using insurgents in conflict theatres i.e. Under this body of International Humanitarian Law for the conduct of war, known as the LOAC, This means that ratified laws of the LOAC must be applied and adhered to by the nations armed forces, The duty to obey the LOAC is so forceful that it demands obedience even to the extent of disobeying national superior orders that are perceived to be. In Rwanda in 1994 and Bosnia in 1995, UNAMIR and UNPROFOR national contingent forces failed in their preeminent mandated duty to act in a robust military fashion to protect the lives of thousands of non-combatant civilians, sheltering in UN safe areas under their command, from the hostile intent and hostile lethal force actions of Enemy forces towards the local civilian population. The Conventions apply to all cases ofdeclared warbetween signatory nations. It was considered that this LOAC classification change would not only give more formal legal protection to the captured terrorists and extremist insurgents, but also automatically rule out any further use of enhanced interrogation techniques to extract actionable intelligence from the detainees no matter how effective or successful they were which advocates of the classification change deemed inhumane and a form of torture illegal under CIL (see endnote for a discussion on torture, and refer to American President George W. Bushs argument provided in endnote #30 above). 3 of 8) Protection against threats or acts of violence Protection against public curiosity But he didnt just write about what hed observed, he also proposed a solution: All nations come together to create trained, volunteer relief groups to treat battlefield wounded and offer humanitarian assistance to those affected by war. All service men and women on military operations worldwide have a personal duty and obligation to act lawfully by obeying the LOAC during their service in the military, no-matter the military situation in peace or in war, and no-matter the location of deployment at home or abroad. Intelligence information is much more often imprecise than it is precise[Included in our intelligence analysis was] WMD from the last Gulf War, the [testimony of Saddams defecting] son-in-law who gave information, [and the] monumental reams of intercepted information (cited in DeLong. But. In addition, these same national forces also failed to prevent, halt, suppress and punish combatants who committed genocide and crimes against humanity against these non-combatant civilians (see blogs , #18 Caveats Endanger & Caveats Kill: National Caveats in UN Operations in Angola, Rwanda & Bosnia-Herzegovina, #21 Srebrenica Aftermath: Serb Guilt & Dutch Liability for the Genocide in the UNPROFOR Safe Area in Bosnia, During this sudden uprising, violence was unleashed by angry Albanian mobs against the minority Serb population throughout Kosovo Province. In NIACs, the requirement of humane treatment for civilians and persons hors de combat is set out in common Article 3, which prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial. The Law of War requires humane treatment for military personnel who are out of combat (hors de combat) due to capture by enemy forces. The Conventions apply to all cases of armed conflict between two or more signatory nations, even in the absence of a declaration of war. The complexity of modern conflict today however with wars increasingly involving features of, In a clinical sense, any armed conflict that does not conform to the IAC definition provided in Common Article 2 of the Geneva Conventions or Article 1 of Additional Protocol I must. I had asked the most senior legal officers in the U.S. government to review the interrogation methods, and they had assured me they did not constitute torture. Additionally, the rights of interned persons were specifically enumerated, providing protections for those charged with crimes during wartime. clearly illegal under the LOAC to an ordinary person with ordinary common sense).[14]. Adding to these legal rights, Article 75(3) of API states, moreover, that Detaining Powers are obligated to release detainees only when the circumstances justifying the arrest, detention or internment have ceased. This is a principle supported by CIL which also allows that detainees may be held in detention against their will if there is a good reason to do so, and as long as reason requires (API Art 75(3) and ICRC Customary IHL Rule 99, in NZDF LOAC Manual, ibid., pp. The principle of humane treatment in IHL requires that those who fall into the hands of the enemy be treated with respect for their dignity as human beings. 13,; GPW, Art. This is the original sense of applicability, which predates the 1949 version. Trailer #12: SEAL Team Low-Impact (High-Risk) (2022, Series 6, Episode 1) [American SOF Forces, Burkina Faso/Mali]. To that end, the Convention prohibits torture, assaults upon personal dignity, and execution without judgment(Article 3). The original Geneva Convention was adopted in 1864 to establish the red cross emblem signifying neutral status and protection of medical services and volunteers. As military professionals, [Tommy] Franks and I spent many hours examining the reasons for attacking Iraq, and asking ourselves if they were sound. Sorry, your blog cannot share posts by email. [27] M. De Long (Lt. Gen.) & N. Lukeman, A General Speaks Out [originally published as Inside CentCom: the unvarnished truth about the wars in Afghanistan and Iraq], Zenith Press, St. Paul (MN), 2007, p. 68. All of the passengers of the four civilian flights were killed, in addition to thousands of civilians of 115 different nationalities who were working in the buildings. CIL is considered binding on all states, regardless of whether or not the practices have been enshrined in international treaties or, if the practice is already within international legislation, whether all or a majority of States, have signed on to them. International Committee of the Red Cross. As a direct result of the CIAs use of the enhanced interrogation techniques on the terrorist detainees at Guantanamo, over the period of 5 years between 2001-2006, the United States is credited with having saved the lives of countless hundreds of innocent, non-combatant, American and foreign citizens from planned Al Qaeda terrorist attacks around the world. It is binding on you as a member of thearmed forces of your State. If judges are honest and the compass of justice truly points north in law-abiding nations, to whom members of the armed forces belong, then any individual member of the Armed Forces who disobeyed superior orders that were manifestly illegal under the LOAC, in order to uphold the binding obligations and rights under the LOAC, ought not fail to be exonerated of any crime or wrong-doing during any subsequent civilian or military trial. The circumstances of each will determine whether it legally and factually meets the qualifying conditions as an armed conflict (international or non-international). CIL refers to practices in warfare that are so consistently upheld and adhered to by a majority of States on the world stage that they have become generally regarded as law. The Statemay hand the suspect over to another Stateor an international tribunal for trial. Our conclusion was that they wereGiven all of this information, and given that the CIA had made a judgement call based on this information, President Bush, in my opinion, would have been negligent not to act (DeLong, A General Speaks Out, ibid., pp.66, 69). Our conclusion was that they wereGiven all of this information, and given that the CIA had made a judgement call based on this information, President Bush, in my opinion, would have been negligent. Cornell Law School Legal Information Institute. Had we captured more al Qaeda operatives with significant intelligence value, I would have used the program for them as well (Bush, Decision Points, ibid., pp. https://www.history.com/topics/world-war-ii/geneva-convention, medical personnel, facilities and equipment, wounded and sick civilians accompanying military forces, civilians who take up arms to fight invading forces, hospital ships cannot be used for any military purpose nor captured or attacked, captured religious leaders must be returned immediately, all sides must attempt to rescue any shipwrecked personnel, even those from another side of the conflict, theyre only required to give their name, rank, birth date and serial number when captured, they must receive suitable housing and adequate amounts of food, they must not be discriminated against for any reason, they have the right to correspond with family and receive care packages, the Red Cross has the right to visit them and examine their living conditions. Despite playing an important role in the progression of what became the International Committee of the Red Cross, continuing his work as champion for the battle-wounded and prisoners of war and winning the first Nobel Peace Prize, Dunant lived and died in near poverty. In addition to nationally ratified laws of war (e.g. General (GEN) Tommy Franks, the U.S. Army former Commander of CENTCOM, has also defended Americas decision to go to war against the Saddam dictatorship in Iraq, stating that: The intelligence, while not precise, was overwhelming. Geneva Convention relative to the Treatment of Prisoners of War ADOPTED 12 August 1949 BY the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August 1949 Share View ratification status by country Table of Contents Part I Humane Treatment (GPW, Art. *For an excellent documentary discussing the CIAs use of enhanced interrogation techniques on captured terrorists detained at Guantanamo prison, and presenting, However, while this is a clear and generally accepted definition of torture, there is still. (2) Wounded, sick and shipwrecked military personnel at sea (Geneva Convention II), (3) Military personnel who have become Prisoners of War (Geneva Convention III), and, (4) Civilian persons in time of war (Geneva Convention IV).[18]. It specifically prohibits murder, mutilation. military commissions are suspended pending the government's appeal in Hamdan v. As military professionals, [Tommy] Franks and I spent many hours examining the reasons for attacking Iraq, and asking ourselves if they were sound. According to Pejic, despite the U.S. Supreme Courts ruling of applying Common Article 3 (NIAC law) and Article 75 (IAC law) to detainees of the GWOT (both articles being fundamental principles of CIL), the reality is that: The two articles do notprovide any guidance on many substantive and procedural legal issues, nor on how to resolve practical questions, that arise in relation to captured unlawful combatants.[36]. It renders the convicts or accused of such crimes to the jurisdiction of all signatory States, regardless of their nationality or territoriality of their crime. The intensive inspections program instituted after the [Gulf] war uncovered evidence that the Iraqis had, in fact, been considerably further along in developing nuclear weapons than U.S. intelligence had estimated before the warAs long as the inspections effort continued and the sanctions were strictly enforced, his opportunities to resume the programs for weapons of mass destruction would be very limited. 168-171. (1) Wounded and sick military personnel on land (Geneva Convention I). Namely: (1) The unimpeded killing of non-combatant civilians in all three international security operations; (2) The commission of genocide and crimes against humanity against thousands in Rwanda and Bosnia; and. Nobelprize.org.History of the Geneva Conventions. The first Convention was initiated by what is now theInternational Committee for the Red Cross and Red Crescent(ICRC). [12] The Additional Protocols, dealing expressly with the two categories of International (Additional Protocol I) and Non-International (Additional Protocol II) armed conflict, were written in 1977 in order to reflect this reality, and to express international concern that the victims of Non-International armed conflict likewise be afforded basic protections under the LOAC, especially given the great danger posed by armed groups to the lives of ordinary civilians in these high-intensity and highly-violent internal conflicts. So I supported Bush 43s decision to invade and bring Saddam down. The severest of these interrogation tactics was supervised waterboarding a technique used on 3 of the highest ranking, most knowledgeable and most obstinate Al Qaeda terrorists in American custody (see endnote). 'Common Article 3' - the article common to all four of the Geneva Conventions of 1949 which alone treats 'Non-International' armed conflict - requires that, in addition to humane treatment for all military personnel 'hors de combat' or taken 'Prisoner of War' in International armed conflicts, all persons not taking an active . The doctrine of universal jurisdiction is based on the notion that some crimes, such as genocide, crimes against humanity,torture, and war crimes, areso exceptionally gravethat they affect the fundamental interests of the international community as a whole. [8] Additional Protocol II (APII) Art 1(1). Israel/Palestine, Operation Protective Edge (Gaza, 13 June - 26 August 2014), Libya, Report of the Office of the UN High Commissioner for Human Rights (2014/15). British Red Cross.Treaties, States Parties, and Commentaries: Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. It grants the ICRC the right to offer its services to the parties to the conflict. With respect to the 1949 Geneva Conventions, they were negotiated after World War II. In 1859, Genevan businessman Henry Dunant traveled to Emperor Napoleon IIIs headquarters in northern Italy to seek land rights for a business venture. Indeed, some KFOR military contingents failed to take any action whatsoever during the security emergency among them two NATO Lead Nations, France and Italy, with significantly large KFOR national contingents in addition to lead command responsibilities over their respective KFOR sectors. [16] Derbyshire, 149.335 Introduction to LOAC, in Section One: Introduction to LOAC and Historical Development, 149.335 Law of Armed Conflict, ibid., p. 13. They charged that Americans had committed unlawful torture. The law is thereforequite simply your State's law. The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but only if the opposing nation "accepts and applies the provisions" of the Conventions. Some of these LOAC obligations have been so universally ratified and accepted as customary norms worldwide over the last century, that they have become extremely powerful and are now internationally regarded as binding on, This blog is a brief overview of the LOAC, Customary International Law, and the challenges posed to both by modern armed conflict today. To better illustrate this point, the following comprises a list of the known various terrorist plots and attacks that were prevented or stopped by the U.S. as a result of the CIAs enhanced interrogation programme during the early 2000s (among many other terrorist plots that remain classified and are therefore unknown to the general public): (1) the 2002 U.S. West Coast Airliner Plot; (6) the 2004 United Kingdom (UK) Urban Targets Plot; Furthermore, according to the U.S. Department of Defense, as a direct result of the enhanced interrogation program the CIA was also able to successfully: (Bush, Decision Points, ibid., p. 171; United States Department of Defense (U.S. DoD), Summary of the High Value Terrorist Detainee Program, Office of the Director of National Intelligence, Washington DC 20511, Military Commission Proceedings at Guantanamo Bay, 2008, http://www.defenselink.mil/home/features/Detainee_Affairs/, (accessed 12 September 2008); U.S. DoD, JTF-GTMO Information on Detainees, Military Commission Proceedings at Guantanamo Bay, 4 March 2005, http://www.defenselink.mil/home/features/Detainee_Affairs/, (accessed 12 September 2008)). Germany signed the Convention of 1929, however, that didnt prevent them from carrying out horrific acts on and off the battlefield and within their military prison camps and civilian concentration camps during World War II. In Kosovo, despite the express aim of the security mission being to establish and maintain a secure environment in Kosovo including public safety and order, two-thirds of the NATO KFOR force was comprised of national contingents restrained by national caveat bans that prohibited them from any participation or engagement whatsoever in direct combat-related functions. Furthermore, the majority of KFOR national contingents were also prohibited by their governments from engaging in low-level riot control operations. Afghanistan et al.). (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, [19] Common Article 3 to the Geneva Conventions 1949 (see pp. The information the detainees in the CIA program revealed constituted more than half of what the CIA knew about al Qaeda. International Committee of the Red Cross.Geneva Conventions. But years later, once the threat seemed less urgent and the political winds had shifted, many lawmakers became fierce critics. Robert Gates, the U.S. Secretary of Defense under both the Bush and Obama Administrations from 2006-2011, likewise supported the U.S.-led coalitions war to remove Saddam Husseins regime. States comply with the practice out of a sense of legal obligation to an international norm or custom, rather than solely due to their own legal LOAC obligations or national interests. Common Article 3 the article common to all four of the Geneva Conventions of 1949 which alone treats Non-International armed conflict requires that, in addition to, In essence this means that, according to CIL, States acting as Detaining Powers must provide persons under their power with the most humane (human) treatment that each State is capable of providing, including adequate food and medical care, and that they should. To give humane treatment is to give due mercy and regard to the welfare of fellow human beings under your power in any given situation.[22]. Still is to this day. *For an excellent documentary discussing the CIAs use of enhanced interrogation techniques on captured terrorists detained at Guantanamo prison, and presenting both sides of the argument from the perspectives of 12 living ex-CIA Directors, see: Spymasters: CIA in the Crosshairs (Amazon link here: https://www.amazon.com/Spymasters-CIA-Crosshairs-Mandy-Patinkin/dp/B018T4TNHY). [20], The obligations contained in these treaties, outlined above, are so generally accepted and upheld, they are now regarded as legally binding on all States in the world including States that are not in fact ratifying Parties to the treaties themselves. This blog is a brief overview of the LOAC, Customary International Law, and the challenges posed to both by modern armed conflict today. In order to be a Non-International armed conflict, either: (1) a minimum level of intensity in the hostilities must be reached, e.g. Among those contingents theoretically permitted by their governments and Rules of Engagement (ROE) to actually conduct these riot control operations, moreover, a substantial number of these national contingents were ill-trained, ill-equipped and ill-prepared to actually conduct riot control in actuality. However, CIL is founded on general, rather than unanimous, international recognition and agreement. It also laid out rules for the daily lives of prisoners and established the International Red Cross as the main neutral organization responsible for collecting and transmitting data about prisoners of war and the wounded or killed. [19] To give humane treatment is to act with consideration, respect and mercy for the basic welfare of other human beings under your power in any given situation. Gain critical insight into the Al Qaeda terrorist network, including its structure, organisation, profiling, recruitment, casing and agenda; Open up new leads to terrorists and terrorist plots; Provide locational information on Al Qaeda managers and operatives; Make arrests of active Al Qaeda operatives and cells posing serious threats; Identify real names and roles of individuals within Al Qaeda; Identify individuals actively seeking chemical, biological and nuclear weapons; Expand the U.S. and its partners understanding of Al Qaeda, and other terrorist organisations, including the extent of their operations in the world; and.
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