1. Internal Armed Conflict and the Law
Somalia
Colombia
Afghanistan
Kosovo

2. Introduction Internal Armed Conflict Defined: Role of the Military
citizens organized in group(s)
violence more than sporadic acts
purpose to overthrow government
Role of the Military
assist in law enforcement
attack citizens taking an active part in hostilities

3. Sources of Law Domestic Law of State International Law
Human Rights Law
Law of Armed Conflict
Question When Conflicting Rules Apply

4. Need for Protections
Greater Civilian Casualties in Internal Armed Conflict
Centuries of Restrictions on Combatants
cultural & religious
modern codification in law

5. International Law of Human Rights Law
International Agreements
UN & Other Agreements having global application
Regional Agreements
Customary International Law

6. Common Article 3 to 1949 Geneva
Applies in All Internal Armed Conflicts
Applies Regardless of Compliance By Armed Opposition Groups
Question of Application to Armed Opposition Groups

7. Common Article 3 of 1949 Geneva
Who it protects?
persons NOT taking an active part in hostilities:
combatants who have laid down their arms
wounded or sick combatants
detained persons
the civilian population
medical and religious personnel

8. Common Article 3 of 1949 Geneva
Protections:
treated humanely
no violence to life and person
no taking of hostages
no humiliating or degrading treatment
trial only by regular court w/ judicial guarantees
all wounded and sick shall be cared for

9. Common Article 3 of 1949 Geneva
Optional Assistance of Impartial Humanitarian Body
Application of Common Art. 3 Does Not Affect Legal Status of Opposing Group
citizens caught violating domestic law may be tried by regular court and punished

10. Additional Protocol II
Binds Only States Party to It
Applies to Internal Armed Conflicts Which:
do not involve war of national liberation
involve opposing groups under responsible command able to maintain discipline
involve opposing groups in control of national territory sufficient to carry out sustained and concerted military operations

11. Additional Protocol II Prohibits
Violence to Life, Health, Well-Being
Collective Punishment
Taking of Hostages
Acts of Terrorism
Outrages Upon Personal Dignity
Pillage
Threats to Commit Prohibited Acts

12. Additional Protocol II Requires
Detained Persons:
provided food and drinking water
provided health & hygiene safeguards
allowed to receive relief
allowed to practice their religion
equivalent work conditions & safeguards
provided specified rights in criminal court

13. Additional Protocol II Requires
All Wounded, Sick or Shipwrecked
all possible measures to search & collect
receive medical care to fully extent practical
care provided based only on medical need
Medical Personnel, Units, Transport
respected and protected
not punished for providing care
special rule when misused by enemy

14. Additional Protocol II Prohibits
Attack on:
the civilian population as a whole
individual civilians
unless and for such time as they take a direct part in hostilities

15. ICRC View Members of Organized Armed Groups
are not civilians taking a direct part in hostilities
only those having a continuous combat function are members
and therefore may be directly attacked at any time
people having a continuous support function are not members
And therefore may not be directly attacked at any time

16. ICRC View Civilians Who Directly Participate in Hostilities
only acts likely to do actual harm to enemy personnel or equipment
the act must:
be likely to harm military operations or capacity
be no more than one causal step from the harm
be designed to directly cause the harm

17. ICRC View
Individual civilians shall not be the object of attack unless and for such time as they take a direct part in hostilities
ICRC View:
preparing to carry out
moving to conduct
carrying out
returning from
an act likely to cause adversely affect enemy military operations or capacity

18. ICRC View When in doubt as to whether or not a person:
is a member of an organized armed group
or is directly participating in hostilities
It must be presumed that the person is not

19. Additional Protocol II Also Prohibits
Displacing Civilian Population Without Provisions
Starvation of Civilian Population
Attack Releasing Dangerous Forces
Attack on or Military Use of Historic Monuments, Art Works, or Places of Worship
Protocol II Does Not Affect Status of Fighters

20. Additional Protocol I "Wars of National Liberation":
Armed conflicts in which peoples are fighting against:
colonial domination
alien occupation, or
racist regimes
In the exercise of their right of self-determination enshrined:
the UN Charter and
Declaration on Principles of International Law Concerning Friendly Relations

21. Additional Protocol I
Applies in Internal Armed Conflict in States That Are Party to It
Questions Regarding When an Internal Armed Conflict is a War of National Liberation
Question If It Applies to Fighters
Provides Combatant Immunity To Fighters

22. Other Applicable Law of Armed Conflict Agreements
1954 Hague Cultural Property Convention
1980 Conventional Weapons Convention
1993 Chemical Weapons Convention
1997 Ottawa Anti-Personnel Landmines Convention
1998 Rome Statute on International Criminal Court

23. Customary Law of Armed Conflict
Does It Apply? What Is It?
2005 Study by International Committee of the Red Cross
International Tribunals for former Yugoslavia and Rwanda
Rome Statute (International Criminal Court)

24. Rome Statute Internal Armed Conflict War Crimes
Related to Targeting:
intentional attacks on civilians
intentional attacks on medical persons & property
intentional attacks on civilian persons & property involved in humanitarian & peace missions
intentional attacks on religious, education, art, science, charity, historic buildings
killing or wounding treacherously
failure to accept surrender

25. Rome Statute Internal Armed Conflict War Crimes
Related to Civilians & Detainees:
pillaging;
rape, sexual slavery, enforced prostitution, forced pregnancy, other sexual violence a serious violation of Common Article 3
conscription or enlistment of children under 15 or their use in hostilities
unnecessary displacement of civilian population
subjective captive to mutilation or scientific experiment
Related to Enemy Property:
unnecessary destruction or seizure of enemy property

26. Enforcement Against Violations
State Enforcement
hostilities against the government
government personnel violating the law
amnesty
International Enforcement
Tribunal Created by UN Security Council
International Criminal Court

27. National Law of the State
Constitution & National Laws of the State Concerned
Consistent With Relevant International Law of Armed Conflict & International Human Rights Law