Bernas Public International Law – THE LAW OF WAR Part 2

CHAPTER 15 – THE LAW OF WAR Part 2

Legality of the Threat or Use of Nuclear Weapons (ICJ 1996)

Cardinal Principles constituting the Fabric of Humanitarian Law:

1. States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets

2. It is prohibited to cause unnecessary suffering to combatants

INTERNATIONAL COMMISSION ON RED CROSS

Basic Rules Governing Armed Conflicts:

1. Soldier’s Rules

a. Fight only enemy combatants and attack only military objectives

b. Prisoners of war must be treated humanely and are bound to give only information about their identity

c. Looting is prohibited. Respect other¡¦s property.

2. Fundamental Rules of International Humanitarian Law Applicable to Armed Conflicts

a. Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their lives and moral and physical integrity

b. It is forbidden to kill or injure an enemy who surrenders or is hors de combat

3. Non-International Armed Conflicts

a. Obligation to distinguish between combatants and civilians

b. Prohibition of attacks against the civilian population as such or against individual citizens

c. Customary rule prohibiting the use of chemical weapons, bullets which expand or flatten easily in the human body, poison as means of warfare, and booby-traps

NEUTRALITY

• To adopt an attitude of impartiality towards the belligerents
• Such attitude must be recognized by belligerents and creates both rights and duties in the neutral states
• Neutrals must not engage in activities which interfere with the activities of the belligerents

NON-INTERNATIONAL CONFLICTS

• Civil wars or rebellion do not violate international law
• International law on armed conflict does not apply to internal conflicts
• Outside help for governments experiencing rebellion is legitimate provided requested by the government
• Aid to rebels is contrary to international law

Common Article 3

• In case of armed conflict not of an international character, persons should still be accorded a minimum humanitarian protection
• Prohibited acts:

a. Violence like murder of all kinds, mutilation, cruel treatment and torture

b. Taking of hostages

c. Outrages on human dignity

d. Passing of sentences and carrying out of executions without previous judgment pronounced by a regular court

• International Committee of the Red Cross ¡V an impartial humanitarian body

Protocol II

• The first and only international agreement exclusively regulating the conduct of parties in a non-international armed conflict
• International armed conflict ¡V that which takes place in the territory of a Contracting Party between its armed forces and dissident armed forces or other organized armed groups which
• Material Field of Application:

a. Armed dissidents must be under responsible command

b. They must exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol

INTERNATIONAL TERRORISM

• There is no crime terrorism in Philippines statute books but some acts are considered terroristic and are independently punished by the RPC
• Terrorism Act (British Law) ¡V violent moves against person or property or against public health and safety which have for their purpose to influence the government or to intimidate a section of the public or to advance a political, religious or ideological cause
• Draft of an International Convention for the Suppression of the Financing of Terrorism:

-Any person commits an offense of terrorism if he does an act intended to cause:

a. Death or serious bodily injury to any person

b. Serious damage to a State or Government Facility with the intent to cause extensive destruction

• Attack on WTC on 9-11 was characterized as Crime against Humanity through the atrocious character exhibited by the act: its magnitude, gravity, targeting of civilians