Basics
Started in 1864, but continuously evolved through the Geneva Conventions of 1949.
What was the establishment of IHL?
students, teachers, parents, educational facilities and society
What are the (5) groups most infected by education in war?
Civilians
Who are the main victims of IHL violations today?
Combatants can only engage in military actions necessary to defeat the enemy, provided their actions are not otherwise unlawful under IHL.
What is Military Necessity ?
In country A, a bomb exploded in the middle of a shopping mall. This was created to bring awareness to a new militia group.
What is a violation of military necessity and proportionality and limiting unnecessary suffering?
International law that regulates the conduct of armed conflict and seeks to limit its effects; specifically protect people who are not taking part in the hostilities (civilians, health workers and aid workers) and those who are no longer participating in the hostilities, such as wounded, sick and shipwrecked soldiers and prisoners of war
What was established at the Geneva Conventions?
....urges parties to an armed conflict to protect educational systems, offers economic and material support to children and youth, and provides assistance to vulnerable populations like detainees, children connected to armed groups and unaccompanied children.
What is the International Committee of the Red Cross?
In 2009, the Moro Islamic Liberation Front (MILF), a non-state armed group, signed an action plan with the United Nations to end the recruitment of children under the age of 18, and to release and reintegrate child soldiers into their communities. By the end of 2017, the MILF had released all the child soldiers in its ranks, and consequently, had been removed from the United Nations's list of parties to armed conflict that recruited and used child soldiers.
What is a violation and solution of IHL?
States that all parties to a conflict must distinguish between civilians and combatants and also between military objectives and civilian objects. Combatants must also distinguish themselves from the civilian population while engaged in an attack.
What is Distinction ?
In country B, two opposing sides have had a long, drawn out battle. One side decides to go undercover and stop wearing their uniforms.
What is a violation of distinction?
A body of law that governs armed conflict
What is IHL ?
Education is vital to economic growth; it increases income for individuals and is a key factor in decreasing poverty. It is also related to positive health outcomes, especially the education of women is significantly correlated with diminished rates of child mortality. Furthermore, education greatly reduces the risk of armed conflicts and is also considered by some to be valuable in countering and preventing violent extremism. Without a strong educational system, societies may struggle to maintain economic stability, a healthy population, and peace.
What is long term impacts of education?
A recent challenge for IHL has been the tendency of States to label as 'terrorist' all acts of warfare committed by non-State armed groups against them, especially in non-international armed conflicts. While armed conflict and acts of terrorism are different forms of violence governed by different bodies of law, they have come to be perceived as almost synonymous due to constant conflation in the public domain. The use of the term 'terrorist act' in the context of armed conflict causes confusion between the two separate bodies of law and may lead to a situation where non-State armed groups disregard IHL norms because of a perception that they have no incentive to abide by the laws and customs of war. The designation of some non-State armed groups as 'terrorist groups' also has significant implications for humanitarian engagement and may impede humanitarian action.
What is the impact of labeling things as "terrorism"?
Combatants must not engage in an attack where the anticipated loss of civilian life, injury to civilians, or damage to civilian objects is excessive in relation to the direct and concrete military advantage that is anticipated by conducting the attack.
What is Proportionality?
Because of war, schools, and hospitals have been closed. Entire cities have been torn apart forcing inhabitants to move.
What is a violation of proportionality?
Protects the lives and dignity of the victims of armed conflict.
What is the Red Cross?
What are the three ways that IHL works towards securing education?
Protect: IHL protects education by requiring parties to an armed conflict to identify schools, school buses, and other education-related material as civilian objects. Civilian objects cannot be attacked without reason.
Ensures: Sometimes in an armed conflict one of the fighting parties may occupy the land of their enemy. When there is an occupation, IHL works to ensure that access to education is still available to children.
Prohibits: IHL prohibits the conscription of the majority of school aged children into the armed forces. Sadly, in some armed conflicts many children have been forced to join in the hostilities.
As of November 19, 2020, Nigeria opened the first physical rehabilitation centre. ...projects it to service over 2,000 in need of wheelchairs, crutches, prosthetic limbs and more by 2022.
What is the International Committee of the Red Cross?
The Principle of Limiting Unnecessary Suffering prohibits means and methods of warfare that would cause unnecessary suffering to combatants or civilians. Means of warfare include tools or weapons used to carry out military attacks. Methods of warfare are the strategies and tactics used when carrying out an attack.
What is Limiting Unnecessary Suffering?
The Red Cross is sent in to a dispute between three groups. Weapons of mass destruction have been used leaving everyone with casualties. The Red Cross is only aiding and prioritizing casualties from Group B and leaving Groups A and B to fend for themselves.
What is a violation of neutrality?
....law is developed when a significant number of nations consistently do a certain practice to the point that it is eventually recognized as an obligation on all nations despite the fact that it is not written in a formal treaty
What is Customary international Law?
• 37 million children of primary and lower secondary age were out of school in crisis affected countries in 2016. (ODI)
• Girls are 2.5 times more likely to not attend school than boys in conflict-ridden countries. (ODI)
• In 70 countries, educational facilities, students, and staff were deliberately targeted by armed groups between 2003- 2013. (GCPEA).
• In 30 countries, the attacks were systemic between 2003- 2013. (GCPEA)
• 99% of youth in crisis circumstances view education as a priority. Parents and local adults agree. (Save the Children)
What are statistics regarding education?
Covid-19 pandemic has added to death counts. Because of the pandemic, outside donors are focused on their own economic crisis. The Afghanistan pledging conference is to be held in Geneva on 23-24 November, co-hosted by the U.N. and the governments of Finland and the Islamic Republic of Afghanistan. This meeting is about the urgency of adequate and sustainable funding for humanitarian programs.
What is IHL and the Red Cross ?
humanity- prevent human suffering wherever found
impartiality- relieve suffering based on needs, without discrimination
volunteer service- voluntary participation, not for personal gain
neutrality- take no sides in hostile situations
unity-only one Red Cross or Red Crescent society in each country, open to all
independence- maintain autonomy from governments
universality- Red Cross/Red Crescent societies operate worldwide- all are equal
What are the seven fundamental principles?
States must incorporate the Geneva Conventions into domestic law so violations of IHL can be handled domestically. In the U.S., most of these cases are handled internally through military courts.
What happens when IHL is violated?