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International Humanitarian Law and the challenges of armed conflicts - Recommitting to Protection by International Committee of the Red Cross, agencies This is the fifth report on international humanitarian law (IHL) and the challenges of contemporary armed conflicts prepared by the International Committee of the Red Cross (ICRC) for the International Conference of the Red Cross and Red Crescent (International Conference). Similar reports were submitted to the International Conferences held in 2003, 2007, 2011 and 2015. The aim of all these reports is to provide an overview of some of the challenges posed by contemporary armed conflicts for IHL; generate broader reflection on those challenges; and outline current or prospective ICRC action, positions, and areas of interest. Like its predecessors, this report addresses only some of the contemporary challenges to IHL. It outlines a number of issues that are the focus of increased interest among States and other actors, as well as the ICRC: the urbanization of armed conflicts; new technologies of warfare; the needs of civilians in conflicts that are, increasingly, protracted; non-State armed groups; terrorism and counterterrorism; climate change, the environment, and armed conflict; and enhancing respect for IHL. These issues include matters not addressed in previous reports, such as sieges, the use of artificial intelligence in warfare, and the protection of persons with disabilities. The report also provides an update on some of the issues that were addressed in previous reports and that remain high on the international agenda, such as the use of explosive weapons in populated areas, certain new technologies of warfare, and foreign fighters and their families. The introduction to the report provides a brief overview of current armed conflicts and their humanitarian consequences, and of the operational realities in which challenges to IHL arise. Chapter II addresses contemporary and future challenges in the conduct of hostilities, focusing on selected issues related to urban warfare (section 1) and new technologies of warfare (section 2). Increasingly, fighting takes place in cities, and this creates a number of specific challenges for parties to the conflict. The report addresses three of them. The first and fundamental one is ensuring that elementary IHL principles on the conduct of hostilities - distinction, proportionality, precautions are applied in a way that protects civilians in urban battlefields, which are characterized by the intermingling of civilians and combatants, the proximity of civilian objects and military objectives, and a complex web of interconnected urban infrastructure. In particular, the use of explosive weapons with wide-area impact in densely populated areas continues to raise legal questions and significant humanitarian concern. Chapter II also discusses the need to ensure that sieges and encirclement tactics do not violate the rules on the protection of the civilian population, an issue that has drawn significant attention in recent conflicts. The second section of Chapter II is devoted to new technologies of warfare, some of which have been employed in recent conflicts. It may also be expected that their use will only increase in future, with possible positive and negative consequences for the protection of civilians. Among other things, this chapter draws attention to the potential human cost of cyber warfare; outlines legal and ethical issues concerning the loss of human control over the use of force as a result of autonomy in the 'critical functions' of weapon systems; and emphasizes key issues that States have to consider when implementing their responsibility to ensure that new means and methods of warfare are capable of being used in compliance with IHL. The protracted nature of many of today's armed conflicts has an impact on the needs and vulnerabilities of civilian populations. Chapter III presents a selection of issues under IHL that relate to the wider humanitarian debate on the protection of civilian populations. In particular, the chapter discusses how respect for IHL can contribute to finding durable solutions for the plight of the unprecedentedly high numbers of internally displaced persons. It also recalls how IHL can address the specific capacities, experiences and perspectives of persons with disabilities during armed conflict, thereby complementing the pertinent provisions of international human rights law. The chapter also describes how IHL protects the education of children when it is a contested stake in a conflict, when the civilian value of schools is underestimated in the conduct of hostilities, and when militaries use schools. While humanitarian concerns and IHL challenges arise in relation to operations by all parties to armed conflicts, certain issues present themselves differently when looking especially at non-State armed groups. Chapter IV is therefore devoted to IHL and non-State armed groups. It first addresses questions regarding the applicability of IHL to situations of violence involving multiple armed groups. Subsequently, the chapter discusses the legal regime protecting civilians living in territory under the de facto control of armed groups, and presents initial views on detention by armed groups. Terrorism and counterterrorism have been the subjects of many policy, humanitarian, and legal debates in recent years. Chapter V highlights three issues in this area that are of particular humanitarian concern. First, it recalls the applicability of IHL to States fighting 'terrorism' and non-State armed groups designated as 'terrorists', countering the narrative that IHL is not relevant to the fight against terrorism, or that some of its norms do not apply, or apply differently, to such 'exceptional' circumstances. Second, the chapter expresses concerns about certain counterterrorism measures, which impede impartial humanitarian organizations efforts to assist and protect persons affected by armed conflict, and which are incompatible with the letter and spirit of IHL. The chapter also highlights recent developments that can contribute to resolving the tension between States interest in enacting effective counterterrorism measures and their obligation to facilitate principled humanitarian activities. Third, the chapter addresses the status and protection of foreign fighters and their families under IHL, focusing in particular on the needs of women and children, as well as parties obligations towards them. Chapter VI focuses on the direct and indirect effects of armed conflict on climate and the environment, recalling that people affected by armed conflict are especially vulnerable to climate change and environmental degradation. The chapter also draws attention to the ICRC's 'Guidelines for Military Manuals and Instructions on the Protection of the Environment in Times of Armed Conflict', which are currently being revised. The final chapter of the report, Chapter VII, discusses ways to enhance respect for IHL, which the ICRC has long considered to be the single most important challenge to IHL. The chapter presents work that the ICRC and partners have recently conducted or launched to enhance their dialogue with all parties to armed conflict. This includes the ICRC's Support Relationships in Armed Conflict initiative, which aims to leverage the complex webs of support and partnering relationships in contemporary armed conflicts to strengthen respect for IHL; an ICRC study, Roots of Restraint in War, that identifies sources that influence norms of behaviour in armed forces and armed groups; and the development of Guidelines on Investigating Violations of IHL: Law, Policy, and Good Practice. http://reliefweb.int/report/world/international-humanitarian-law-and-challenges-contemporary-armed-conflicts-recommitting http://www.icrc.org/en http://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul http://poc-aide-memoire.unocha.org/theme http://www.globalprotectioncluster.org/themes/protection-of-civilians/ * IFRC: Humanitarian price of climate change: http://bit.ly/35lcMj7 http://media.ifrc.org/ifrc Feb. 2020 Joint Statement on the Trump Administration's New Landmine Policy - Humanity & Inclusion, agencies In response to the January 31st announcement by the White House of the Department of Defense's new landmine policy, we, the undersigned organizations, strongly condemn the Trump Administration's decision to lift existing United States prohibitions against the use of landmines. We urge the White House and Department of Defense (DOD) to reconsider and take steps to join the 1997 Mine Ban Treaty. We urge Congress to take immediate measures to block the deployment of landmines and prohibit the development, production, or other acquisition of new antipersonnel landmines. Landmines are inherently indiscriminate weapons that maim and kill long after conflicts end. Over the past twenty years, the world has rejected antipersonnel landmines through the Mine Ban Treaty - to which 164 countries are states parties, including every other member of NATO. While still not a signatory, the U.S. has functionally adhered to several provisions of the Mine Ban Treaty, except those that would prohibit the U.S. from ordering the use of landmines on the Korean peninsula. This new landmine policy starkly sets the U.S. apart from its allies and has drawn international condemnation, including from the European Union. The United States has not used antipersonnel landmines since 1991, excluding the use of a single munition in 2002; it has not exported them since 1992 and has not produced them since 1997. In the last five years, only the government forces of Syria, Myanmar, and North Korea, as well as non-state actors in conflict areas, have used landmines. Of the more than 50 countries that once produced landmines, 41 have ceased production. Under this new landmine policy, the U.S. will rejoin a small handful of mine-producing countries. This is not company the U.S. should keep. Decades after combatants have retreated or laid down arms, landmines continue to threaten civilian lives and undermine the development of post-conflict communities. Farmers cannot farm, children cannot attend school, businesses cannot thrive, and whole communities are displaced. After mild flooding or frequent rain, previously mapped mines can be uprooted and moved to new locations, reintroducing danger to unknowing civilians and destroying the progress of previous mapping efforts. Landmines are capable of inflicting unspeakable destruction and harm on their victims: projecting metal fragments into deep wounds, destroying one or more limbs, causing burns, traumatic brain injuries, blindness and deafness, and of course fatally wounding through decapitation, blood loss or other horrific means. Efforts to enhance the 'safety' of landmines, including the development of so-called non-persistent or 'self- destruct' mines, ignores the fact that they remain indiscriminate. Regardless of the length of their lifespan, they cannot distinguish between a combatant or a civilian while active. If the self-destruct or self- deactivation mechanisms were to fail, they would remain lethal and the potential exists for the components to be repurposed into improvised explosive devices. The way in which landmines are delivered has changed over time. Rather than being planted and mapped by hand, U.S. mines would be dropped from aircraft or deployed through artillery indiscriminately scattering them over wide unmarked terrain. This could cause civilian harm, including to humanitarian aid workers and peacekeepers who have no way of knowing if they are in a mined area or where mines might be placed. The International Campaign to Ban Landmines and its American coordinator Jody Williams received the 1997 Nobel Peace Prize for their efforts to bring about the Mine Ban Treaty. We are proud to be part of the mine ban movement, which continues to make a massive contribution towards global peace and security. Under the provisions of the Treaty, large swaths of territories have been cleared and put back to productive uses. While there are still too many casualties annually, we have seen a dramatic decline since the Treaty came into being. To roll back the progress the global community has made would not only be a tragedy but an affront to the dignity of landmine survivors around the world. http://bit.ly/3aYLFNp http://www.banminesusa.org/news/2020/10/26/policy-memo-for-president-elected-in-2020/ Visit the related web page |
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International Holocaust Remembrance Day by UN Office for Human Rights, agencies Commemorating 75 years since the liberation of Auschwitz, United Nations human rights experts call for States to take urgent and effective steps to monitor antisemitic incidents, ensure accountability for perpetrators of violence, and protect Jewish individuals, communities and sites as part of their effort to combat anti-semitism. The statement marks International Holocaust Remembrance Day on the 27th of January 2020. "With profound sadness and outrage, we, as United Nations human rights experts, mark 75 years since the liberation of the notorious Nazi death camp, Auschwitz, with alarm. On this solemn commemoration, designated as International Holocaust Remembrance Day, States around the world are failing to sufficiently counter antisemitic violence, discrimination, and hostility within their societies or to ensure that their populations are appropriately educated about the Holocaust. "Driven by recognition of the need to repudiate the "disregard and contempt for human rights" that occurred during the Holocaust, ''we the peoples" demanded and the United Nations proclaimed the Universal Declaration of Human Rights in 1948. Since then, all Member States have committed themselves to ensure that all members of society are able to enjoy their human rights, including by protecting members of minority communities against hate crimes and discrimination. "The legal framework affirming and protecting the human rights of all is a key legacy of the Holocaust victims - including the 6 million Jews who, alongside members of other targeted groups, were murdered in a uniquely brutal, systematic and state-sanctioned campaign of antisemitic dehumanization and persecution. "Toulouse, Pittsburg, Brussels, Poway and Jersey City are just some of the places where Jews have been murdered in recent years. The reports of the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on contemporary forms of racism presented to the UN General Assembly last year outline the dramatic and persistent increase in anti-semitic rhetoric and incidents that has been reported in many countries, and online. We urge all concerned persons, all leaders to read them, study them and implement their recommendations as a matter of urgency. "We are also alarmed at reports documenting extensive Holocaust denial, particularly online, as well as surveys reflecting that significant proportions of the population are ignorant of key facts about the Holocaust, or even unaware that it occurred at all. We are deeply concerned by the misuse of social media to spread Holocaust denial and perpetuate antisemitic stereotypes and prejudice. "Around the world, violence, discrimination and expressions of hostility motivated by antisemitism have created a climate of fear among a substantial number of Jews, impairing their ability to enjoy their fundamental rights to liberty and security, equality and non-discrimination, and to freedom of religion. "We call on all States to respond to these trends by taking urgent action to uphold their human rights obligations, including by more effectively monitoring and recording antisemitic incidents; ensuring accountability for perpetrators of violence; and providing effective protection to Jewish individuals, communities and sites. We call on states to respond more effectively to incitement to discrimination, hostility and violence against Jews and members of other targeted groups. "States must also ensure that effective education, training and awareness-raising to combat antisemitic stereotypes and prejudices is being undertaken at all levels of society. Educational programs, for students, teachers, government officials, law enforcement, and others, must identify antisemitism in all its various forms. Educational programs should also include accurate, substantive information about the Holocaust. "Among the most important lessons of the Holocaust is that antisemitism, fueled by political leaders and left unchecked, threatens not only Jews, but also other minority and vulnerable communities, and indeed the very foundations of democratic societies. Now, 75 years after the liberation of Auschwitz, we mourn the victims of the Holocaust and solemnly call on States to redouble their commitment to fight this unacceptable yet recurring threat." * The UN experts: Mr. Ahmed Shaheed, Special Rapporteur on freedom of religion or belief; Mr. Fernand de Varennes, Special Rapporteur on minority issues; Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Ms E. Tendayi Achiume, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Mr. Clement Nyaletsossi Voule, Special Rapporteur on the right to peaceful assembly and association; Ms Fionnuala Ni Aolain, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Ms Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions; Ms Koumbou Boly-Barry, Special Rapporteur on the right to education and Ms Karima Bennoune, Special Rapporteur in the field of cultural rights. http://bit.ly/2RGmiHY http://www.yadvashem.org/collections.html http://www.yadvashem.org/education.html http://auschwitz.org/en/press75/press-releases75/ http://sfi.usc.edu/ http://www.holocaustremembrance.com/resources http://en.unesco.org/commemorations/holocaustremembranceday http://www.osce.org/odihr/tolerance-and-non-discrimination http://www.adl.org/education-and-resources/resource-knowledge-base http://fra.europa.eu/en/theme/racism-related-intolerances http://www.un.org/en/genocideprevention/ http://www.globalr2p.org/populations-at-risk/ Visit the related web page |
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