1 Human Rights & Humanitarian Law in Military Operations

2 Overview Humanitarian Law –internal or international armed conflict –specialized law Human Rights Law –minimum & general standards –persons under jurisdiction of a state

3 Fundamental Human Rights Law Applicable in All Operations Customary international law prohibits: – genocide – slavery or slave trade – murder or causing the disappearance of persons – torture, or other cruel, inhuman, or degrading treatment or punishment – prolonged arbitrary detention – systematic racial discrimination – a consistent pattern of gross violation of internationally recognized human rights

4 Compliance With International Law Reciprocity Predictability & Interdependence Public Opinion = Legitimacy Enhances Effectiveness & Speeds Mission Accomplishment

5 Why Comply With Humanitarian Law? Consistent with Principles of War –the objective –mass –economy of force Consistent with Principles of Military Operations Other Than War –restraint –legitimacy

6 Why Comply with Human Rights & Humanitarian Law? Speed War Termination & Improve Post-Hostilities Relations Reciprocity Internal Armed Conflict –win support of civilian population –Increased intelligence & insurgent surrender Prevents Breakdown of Discipline

7 Causes of Violations Poor Leadership Poor Training Unclear Mission/Orders Dehumanizing the Enemy Lack of Sleep High Frustration Level High Casualties Alcohol & Drug Abuse

8 Purposes of Human Rights & Humanitarian Law Minimum protections Protections for those not involved in combat Usefulness of Rules of Engagement & Rules for the Use of Force

9 U.S. Policy on Application of Humanitarian Law Comply During All Armed Conflicts Prevent Violations Through Training Report, Investigate, Prosecute Provide Legal Advisors

10 Conclusion

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