Detainees and Prisoners of War

2021 ◽  
pp. 112-137
Author(s):  
Michael L. Gross
Keyword(s):  
Prisoners Of War ◽  
Abu Ghraib ◽  
Standards Of Care ◽  
Humanitarian Law ◽  
American Government ◽  
Force Feeding ◽  
High Standards ◽  
Enhanced Interrogation ◽  
Supporting Force

International humanitarian law requires equal care for detainees. Following disclosures of abuse at Abu Ghraib, Iraq, multinational forces sought to provide detainees with relatively high standards of care. One result was to cause resentment among host-nation allies who suffered inferior care at local facilities. Abu Ghraib also triggered an intense public debate about the role of medical professionals in enhanced interrogation. Ultimately, the American government declined to prosecute service personnel because enhanced interrogation was not manifestly unlawful. There were, therefore, no grounds for any military officer, or any person of ordinary sense and understanding, to refuse orders to participate in interrogation sessions. Force feeding animates a similar debate about detainee rights. Opposition to force feeding invokes patient self-determination. Arguments supporting force feeding question an inmate’s ability to freely refuse food, affirm the state’s duty to preserve life, and recognize that captured combatants forfeit their right to strike.

The Application of International Humanitarian Law by the Israel Defense Forces

2017 ◽  
Author(s):  
Amichai Cohen ◽  
Eyal Ben-Ari
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Advocate General ◽  
The Past ◽  
Junior Officers ◽  
Military Commanders ◽  
Legal Frameworks ◽  
Israel Defense Forces ◽  
The Military

This chapter describes how increased juridification and demands to apply international humanitarian law (IHL) have influenced the Israel Defense Forces (IDF). The authors analyze the IDF’s compliance with IHL and other legal frameworks through a multilevel and multidimensional model of military compliance describing the law and external institutions involved in applying it. The past decades have seen the relatively autonomous sphere of the military increasingly come under judicial overview. Judicial and international pressures have also increased the role of the operational legal advisors. The chapter ends by discussing the ceremonies intended to promote compliance with IHL involving soldiers and junior officers. It is based on interviews (with Israeli academic experts, members of nongovernmental organizations [NGOs], and military commanders), off-the-record conversations with members of the IDF’s Military Advocate General, and newspaper articles, reports of NGOs, and secondary material.

The Protection of Women in International Humanitarian Law

1985 ◽  
Vol 25 (249) ◽  
pp. 337-363 ◽  
Author(s):  
Françoise Krill
Keyword(s):  
World War I ◽  
Geneva Convention ◽  
Legal Protection ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
The Hague ◽  
Special Protection

Since the number of women who actually participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land.

Doctors Playing Gods? The Legal Challenges in Regulating the Experimental Stage of Cybernetic Human Enhancement

2021 ◽  
pp. 1-27
Author(s):  
Thibaut Moulin
Keyword(s):  
New Technologies ◽  
Human Enhancement ◽  
Armed Forces ◽  
Legal Framework ◽  
Prisoners Of War ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Medical Progress ◽  
Unique Nature ◽  
The Military

The emergence of new technologies might challenge our assumptions about biomedical research: medical progress may not only cure but enhance human capacities. In particular, the emergence of brain-machine interfaces will admittedly allow disabled people to move or communicate again, but also has various military applications, such as remote control of drones and avatars. Although there is no express legal framework pertaining to the experimental phase of human enhancement techniques, they are actually constrained by international law. According to international humanitarian law, civilians and prisoners of war may be subjected to experiments only when required by their state of health or for medical treatment. According to international human rights law, experimentations are permissible when they meet two conditions: (i) free consent, and (ii) proportionality (that is, the adequacy of risk and benefit). In light of these conditions, this article assesses the situations in which experimentation involving brain-computer interfaces would be lawful. It also gives specific attention to those experimentations carried out on members of the armed forces. In fact, owing to the military hierarchy and the unique nature of its mission (to protect national security at the risk of their own lives), it is necessary to determine how the military may comply with this legal framework.

Thresholds in Flux—the Standard for Ascertaining the Requirement of Organization for Armed Groups under International Humanitarian Law

2020 ◽  
Author(s):  
Yutaka Arai-Takahashi
Keyword(s):  
Armed Conflict ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
Organizational Level ◽  
International Humanitarian Law ◽  
Threshold Condition ◽  
Special Importance ◽  
Humanitarian Law ◽  
Armed Groups ◽  
International Criminal Tribunals

Abstract The requirement of organization is supposed to be of special importance in international humanitarian law (IHL). In the situation of international armed conflict (IAC), this requirement is implicit as part of the collective conditions to be fulfilled by irregular/independent armed groups to enable their members to claim the prisoners of war status under Article 4 A(2) of the Third Geneva Convention. In a non-international armed conflict (NIAC), the eponymous requirement serves, alongside the requirement of intensity of violence, as the threshold condition for ascertaining the onset of a NIAC. While the requirement of organization has not caused much of disputes in IACs, the international criminal tribunals have shown a willingness to examine scrupulously if armed groups in NIACs are sufficiently organized. Still, this article argues that there is need for a nuanced assessment of the organizational level of an armed group in some specific phases of the ongoing armed conflict whose legal character switches (from an NIAC to an IAC, vice-versa, and from a NIAC to a law-enforcement model). It explores what rationales and argumentative model may be adduced to explain such varying standards for organization in different contexts.

Appointment

1969 ◽  
Vol 9 (102) ◽  
pp. 491-491 ◽  
Keyword(s):  
International Committee ◽  
Second World War ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
East European ◽  
Middle East Countries ◽  
Wide Experience ◽  
Second World

Mr. Raymond Courvoisier has since 1 August 1969 taken over the appointment of special assistant to the President of the International Committee, thus bringing it his wide experience in the field of international humanitarian law. It should, in fact, be recalled that from 1936 to 1945 he undertook a large number of missions in ICRC service as delegate in Spain, Turkey, in East European and Middle East countries. Furthermore, he was in charge of a section in the Central Prisoners of War Agency in Geneva during the Second World War.

The Role of the Supreme Court in American Government and Politics, 1789-1835

1944 ◽  
Vol 44 (6) ◽  
pp. 940
Author(s):  
Everett S. Brown ◽  
Charles Grove Haines
Keyword(s):  
Supreme Court ◽  
American Government ◽  
The Supreme Court

scholarly journals La Réparation Individuelle en Application des Mécanismes Prévus par le Droit International Humanitaire

2009 ◽  
Vol 27 (2) ◽  
pp. 431
Author(s):  
Sophie Rondeau
Keyword(s):  
Present Article ◽  
Present State ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Droit International ◽  
The Right ◽  
Droit International Humanitaire

Le présent article fait état d’un questionnement sur l’état actuel du rôle des normes juridiques émanant du système de droit international humanitaire (DIH) en ce qui a trait au droit à la réparation, en prenant soin de mettre la personne en tant que victime de la guerre au centre de notre réflexion. En considérant la notion de réparation sous l’angle de la victime comme un tout à décrire et à analyser, nous cherchons à savoir s’il existe un droit à la réparation que possède la victime d’un conflit armé régi par le droit international humanitaire. Le fondement même de cette recherche s’appuie donc sur le cadre normatif conventionnel du DIH régissant la notion de réparation, que cette dernière accorde ou non un droit à une victime.This paper presents a series of questions on the present state of the role of judicial standards arising from the system of international humanitarian law [IHL] as regards the right to compensation, by making it a point to place the person as a war victim at the center of our reflection. In considering the concept of compensation from the angle of the victim as a whole, we seek to know whether there exists a right to compensation to which the victim of an armed conflict governed by international humanitarian law is entitled. The very foundation of this research is thus based on the conventional normative framework of IHL governing the concept of compensation, whether or not it grants a right to a victim.

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