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1 Observing and Respecting Human Rights & Respect for Civil Authority.

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Presentation on theme: "1 Observing and Respecting Human Rights & Respect for Civil Authority."— Presentation transcript:

1 1 Observing and Respecting Human Rights & Respect for Civil Authority

2 2 Introduction Human Rights Defined Compare to Humanitarian Law –armed hostilities –international & internal armed conflict Sources of Human Rights –international agreements –customary international law –domestic law of each state

3 3 Major International Human Rights Agreements Covenant on Civil & Political Rights1995 1992 Cov. on Economic, Social & Cultural Rights 1995 Convention Against Torture & Other Cruel, 1995 1994 Inhuman or Degrading Treatment African Human Rights Charter1986 Refugee Convention1981 Refugee Protocol1981 1968

4 4 International Human Rights Law Development United Nations Leading Role 1948 Universal Declaration of Human Rights 1976 International Covenant of Civil & Political Rights 1976 International Covenant on Economic, Social & Cultural Rights 13 Other UN Sponsored Agreements

5 5 Customary International Law of Human Rights Prohibits States From: genocide slavery or slave trade murder or disappearance of persons torture or other cruel, inhuman or degrading treatment prolonged arbitrary detention systematic racial discrimination consistent pattern of gross violations of other internationally recognized human rights

6 6 International Covenant on Civil & Political Rights Reservations Temporary Suspensions –of most rights during national emergency threatening life of the nation –7 core rights may not be suspended

7 7 Civil & Political Rights: no arbitrary deprivation of life no slavery, servitude, or forced/compulsory labor liberty of movement & freedom of residence except when restricted by law lawfully leave a state, citizens not arbitrarily refused entry into own state no arbitrary or unlawful interference with privacy, family, home, or correspondence International Covenant on Civil & Political Rights

8 8 Civil & Political Rights: citizens take part in public affair directly or through representatives chosen by genuine elections by secret ballot hold opinions, freedom of expression except when restricted by law freedom of peaceful assembly and association except when restricted by law equality and equal protection of the law

9 9 Civil & Political Rights: freedom of thought, conscience and religion, manifest religious belief in worship, observance, practice and teaching except when restricted by law ethnic, religious, or linguistic minorities to their own culture, language & religion marriage with free consent, and equal rights & responsibilities of spouses in marriage & dissolution International Covenant on Civil & Political Rights

10 10 Civil & Political Rights: right of all peoples to self-determination of political status and pursuit of development –a right of all the people within a state –internal self-determination through independent, democratic institutions International Covenant on Civil & Political Rights

11 11 Right to Liberty & Security Rights of Persons Arrested or Detained: arrest or detention only on lawful grounds using lawful procedures be informed of reason upon arrest & promptly informed of the charge promptly brought before a judge, and either trial or release in a reasonable time court hearing without delay on lawfulness of detention compensation for unlawful arrest or detention International Covenant on Civil & Political Rights

12 12 Criminal Trial Rights: fair & public hearing by a competent, independent and impartial tribunal established by law no retrial following conviction or acquittal trial without undue delay presumed innocent until lawfully proven guilty promptly informed of charge in own language adequate time & facilities to prepare defense & consult with counsel International Covenant on Civil & Political Rights

13 13 Criminal Trial Rights: be present for trial, to own defense or through counsel of own choosing, counsel at no cost when justice requires examine witnesses, obtain own witnesses free interpreter if trial in other language not to be compelled to testify or confess guilt public disclosure of judgment unless a juvenile review of judgment by higher tribunal Persons Detained or Convicted Treated With Humanity & Dignity International Covenant on Civil & Political Rights

14 14 Democracy & Human Rights –government obtains its power & legitimacy from the people –democracy’s institutions ensure human rights –military respect for civil authority ensures its own legitimacy with the people Respect for Civilian Authority

15 15 Rule of Law & Human Rights –the best government is one of law and not of men –the rule of law provides fair treatment which leads to high morale & obedience Without Civilian Control the Military is a Threat to Human Rights Respect for Civilian Authority

16 16 Reciprocity by Other States Increased Predictability in Relations Favorable Public Opinion Enhances Military Discipline & Obedience Reasons for Compliance by States

17 Abu Ghraib: The Aftermath 17

18 Initial Investigations October 2003: MG Ryder Investigation January 2004: Specialist Darby Report –MG Taguba Appointed – Press Briefed 18

19 The Scandal 19

20 Centers of Gravity 20

21 Centers of Gravity 21

22 MG Taguba Report 372 nd MP Company “sadistic, blatant, and criminal abuses...” 22

23 BG Karpinski, USAR 800 th MP Brigade Commander 23

24 MG Jones/LTG McFay Report August, 2004 23 soldiers, 4 contractors suspected 24

25 Schlesinger Report No policy of abuse “Animal House” atmosphere in 1 unit Criminal behavior of a few, lack of discipline & leadership 25

26 General Officer Letters of Reprimand COL Pappas BG Karpinski LTC Phillabaum 26

27 Courts-Martial 74 cases referred Corporal Graner –10 Years Confinement, Dishonorable Discharge Private First Class Lynndie England: –3 Years Confinement, Dishonorable Discharge 27

28 Training, Command & Doctrine Changes Mobile Training Teams Chain of Command for Detainees Strengthened Interrogation & Detention Doctrine Revised Lessons Learned Incorporated In Training 28

29 29 International Armed Conflict Consistent with the Principles of War –objective –mass –economy of force War Crimes Lengthen Conflict & Complicate Post-Hostilities Relations Reasons for Compliance by Military

30 30 Internal Armed Conflict Consistent with Principles of Restraint and Legitimacy Increased Intelligence & Surrender Reasons for Compliance by Military

31 31 Poor Leadership Poor Training Unclear Mission Statement or Orders Dehumanizing the Enemy Lack of Sleep High Frustration Level High Casualties Alcohol and Drug Abuse Causes of Violations

32 32

33 Major International Humanitarian Law Agreements 1949 Geneva Conventions 1970 1955 1977 Additional Protocol I to Geneva Conventions 1997 1977 Additional Protocol II to Geneva Conventions 1997 1997 Ottawa Anti-Personnel Landmine Convention 1999 UN Conventional Weapons Convention 1995 - Amended Protocol II (Land Mines) 1999 - Protocol III (Incendiary Weapons) 2009 - Protocol IV (Blinding Laser Weapons) 2009 - Protocol V (Explosive Remnants of War) 2009 Convention on Cluster Munitions 1993 Chemical Weapons Convention 2004 1997 1972 Biological Weapons Convention 1975 Rome Statute (International Criminal Court) 2006

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