The phenomenon of human shields challenges many of the core tenets of international humanitarian law ihl, including its careful dialectic between the imperatives of humanity and military necessity. The human shield risks life not to destroy and terrorize others but to resist organized violence and protect others. Some of them are inherent since ihl applies to armed conflicts. Practice is the result of that study, a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non international armed conflicts. At any cost amnesty international usa human rights. Human shields in international humanitarian law published on 01 jan 2011 by brill nijhoff. This chapter explores the international humanitarian law governing the use of human shields, a tragically prevalent tactic in contemporary warfare. At any cost the civilian catastrophe in west mosul, iraq amnesty international 3. National committees and similar entities on international humanitarian law.
Dec 07, 2016 to assist our readers interested in the phenomenon of human shields, ive produced a compilation of the relevant legal framework additionssuggestions welcome. Whereas the term human shields refers to the use of civilians, prisoners of war, or other noncombatants whose mere presence is designed to protect combatants and objects from attack. With respect to noninternational armed conflicts, additional protocol ii does not explicitly mention the use of human shields, but such practice would be prohibited by the requirement that the civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. These rules derive primarily from additional protocol i api of the 1949 geneva conventions, which governs international armed conflicts iacs. Arguing that the human shield is both a symptom and the. Unlawful and deadly rocket and mortar attacks by palestinian armed groups during the 2014 gazaisrael conflict index.
This thesis examines the existing legal framework governing the use of human shields, an increasingly deadly tactic prevailing in modern conflicts. Of more concern is the issue of how the use of human shields affects an attackers obligations. Lyall rewi, voluntary human shields, direct participation in hostilities and the international humanitarian law obligations of states, melbournejournal of international law, vol. Guide international law regarding human shield tactics in armed conflict, 57 am. The interplay between international humanitarian law ihl. Guidelines for success towards respecting and implementing international humanitarian law international humanitarian law ihl affords protection to people and property in armed conflict, but only if its rules are properly recognized, clearly understood and fully. Although rendered illegal under international law, the human shield issue causes great difficulty for the opposing party in determining whether it can be justified for them to violate international humanitarian law due to the human shield violations. Introduction to international humanitarian law ihl antoine bouvier legal adviser, icrc geneva. It was not until the second half of the nineteenth century that nations agreed on international rules to avoid needless suffering in warsrules they bound themselves to observe in a convention.
Human shields in international humanitarian law,38isr. Dinstein yoram, distinction and loss of civilian protection in international armed conflicts, iyhr, vol. Documenting violations of international humanitarian law. Mar 27, 2017 more recently, the 1998 rome statute of the international criminal court characterized human shielding as a war crime. Human shields in international humanitarian law springerlink.
With respect to non international armed conflicts, additional protocol ii does not explicitly mention the use of human shields, but such practice would be prohibited by the requirement that the civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. According to the international committee of the red crosss magisterial. International humanitarian law ihl, also known as the law of war or law of armed conflict, is a body of law which regulates the conduct of combatants on the battlefield, protecting those who do not or are no longer taking part in hostilities and limiting the means and. Archive of human shields just another wordpress site. The prevalence of this actor, especially in situations of asymmetric warfare, has brought about a growing bifurcation in expert opinion on the appropriate classification of vhss. Commentary to geneva convention iv relative to the protection of civilian persons in time of war 208 jean pictet ed. International armed conflicts, the protection of the civil population in non international armed conflicts art.
The use of human shields in international armed conflicts. United states of america amnesty international usa human. Practice is the result of that study, a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non international. Voluntary human shields in international humanitarian law. Henckaerts customary international humanitarian law. Traditionally known jus in bello, the law of war, or law of armed conflict, the term. To assist our readers interested in the phenomenon of human shields, ive produced a compilation of the relevant legal framework additionssuggestions welcome.
This paper contends that the current parameters offered under international humanitarian law ihl are capable of providing protection to civilians used as human shields, provided that they are effectively enforced. Sorry, we are unable to provide the full text but you may find it at the following locations. Nb these rules, drawn up by the icrc, summarize the essence of international humanitarian law. This chapter will cover international humanitarian law ihl, the binding rules and customs that govern armed conflict between nations, civil war combatants, and conflicts among states and nonstate belligerents. International human rights law and international humanitarian law do not address the problem of human shields directly. Documenting violations of international humanitarian law from space.
As to your broader point, it echoes the vanderbilt j transl law note that i discussed. It ensures that international responses to humanitarian emergencies are predictable and accountable and have clear leadership by making clearer the division of labour between organizations, and their roles and responsibilities in different areas. In midnovember 1997, saddam enticed or coerced thousands of iraqi men, women, and children to volunteer as human shields at his presidential palaces and iraqi industrial sites. International humanitarian law b o jarka how does law. Where x uses human shields, both the author of the note and you would entirely relieve the responding country from the proportionality norm. Doctors without borders the practical guide to humanitarian law. According to the international committee of the red crosss magisterial customary. It may also refer to the use of persons to literally shield combatants during attacks, by forcing them to march in front of the combatants using this tactic is considered a war crime by nations that are parties. One of the cornerstones of these treaties, as well as of international humanitarian law, is the principle of distinction3 between. As the occupying power of the west bank, including east jerusalem, and the gaza strip, israel has an obligation to respect and protect the human rights of all people in these areas. It may also refer to the use of persons to literally shield combatants during attacks, by forcing them to march in front of the combatants. The israel defense forces early warning procedure and international humanitarian law by roland otto ricr decembre irrc december 2004 vol.
Pictet correctly noted that the use of people as a human shield is a cruel and barbaric act see j. That would be a fairly dramatic change in international law. Human shields one of the most energetic and derisive of the manuals early critics is pro fessor adil ahmad haque of rutgers university newark school of law. Human shields in international humanitarian law ssrn. International humanitarian law strictly prohibits the use of human shields and, through a wellknown genealogy of supranational efforts that passes through the hague convention iv 1907, the. The phenomenon, indeed, and especially the phenomenonof voluntary human shields, tends. The development and application of humanitarian law to modern asymmetric warfare is currently being debated by legal scholars. Unfortunately, armed conflict is invariably accompanied by terrible human suffering, all too often due to violations of ihl. Since then, international humanitarian law ihl has grown to include many other treaties and protocols aimed at regulating the conduct of war and limit its effects. United states of america amnesty international usa. The intentional use of a party to a conflict of one or more human beings, usually civilians, or captured members of the adversarys forces. It begins by setting forth the express prohibitions on the use of human shields. Chained to cannons or wearing targets on their tshirts.
International humanitarian law strictly prohibits the use of human shields and, through a wellknown genealogy of supranational efforts that passes through the hague convention iv 1907, the geneva conventions iii and iv 1949, the additional protocol i 1977, and, more recently, the rome statute of the international criminal court 1998, has sought to prevent this practice. Jul 10, 2017 the advanced ihl learning series are addressed to lecturers and trainers who wish to be abreast of the latest developments in international humanitarian law ihl and other related areas. Schmitt introduction human shielding involves the use of persons protected by international humanitarian law, such as prisoners of war or civilians, to deter attacks on combatants and military objectives. The paper looks at the basic principles of international humanitarian law, the prohibition on human shielding, the international law. The conduct of hostilities under the law of international armed conflict. Nov 15, 2011 this chapter explores the international humanitarian law governing the use of human shields, a tragically prevalent tactic in contemporary warfare. English human rights council twelfth session agenda item 7.
Human shields in international humanitarian law by michael n. The advanced ihl learning series are addressed to lecturers and trainers who wish to be abreast of the latest developments in international humanitarian law ihl and other related areas. Schmitt, human shields in international humanitarian law, 38 israel yearbook on human rights 17, 18 2008. Human shields in international humanitarian law by michael. Denouncing the use of civilians as human shields by hamas and other terrorist organizations in violation of international humanitarian law. The implementation of international humanitarian law ihl is confronted with many challenges. Pdf does international humanitarian law offer effective.
This article explores the figure of the human shield, situating it within the context of global moral spectatorship, international humanitarian law and biopolitical warfare. The use of human shields to protect military objectives is unlawful under international law. Schmitt, human shields in international humanitarian law, 47 colum. International law studies 2016 87 the lex lata of the law of war. Human shields and international humanitarian law core. Professor roger okeefe submitted to the central european university, legal studies department, in partial fulfillment of the requirements for the degree of master of laws in human rights. Although international humanitarian law does not explicitly distinguish among different kinds of human shields, legal commentary tends to draw a distinction among involuntary, voluntary and proximate shields.
What is the legal status of voluntary human shields. Documenting violations of international humanitarian law from. It aims to make the international humanitarian community better organized and more accountable. The development and application of humanitarian law to modern asymmetric warfare is currently being debated by. Human shields in international humanitarian law in. By definition, they are not members of an armed force, nor do they meet the criteria in art. One of the cornerstones of these treaties, as well as of international humanitarian law, is the principle of distinction3 between civilian persons. Mde 2111782015 amnesty international march 2015 7 international humanitarian law. The customary international humanitarian law guide suggests that rules prohibiting use of civilians as human shields are arguably customary in non international armed conflict.
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