1. Before formal intro, hand out hit/myth sheet as students get settled and ask them to fill it out. Encourage them to discuss with others and not worry if they don’t know the answers because they will find out.
This is not a ‘test’. Rather, it is a way of sharing existing knowledge and beginning the discussion that forms the
topic of this workshop.
Introduce yourself:
My name is Erin and I work in the International Humanitarian Law division within the Canadian Red Cross, which is part of the Worldwide Red Cross and Red Crescent movement, that exists in almost every country.

3. Public International Law
Humanitarian law is a branch of public international law (Also called the Law of Nations)
Public international law is a body of rules governing relations between States and also between States and other members of the international community.
International humanitarian law is in a cluster near the top with refugee law and human rights law — and all are concerned with individual rights and protection.

4. International humanitarian law is a set of limiting rules that apply in times of armed conflict, which are aimed at:
protecting people who are not, or are no
longer participating in a conflict.
restricting the means and methods of
warfare.
The expressions international humanitarian law, law of armed conflict and law of war may be regarded as equivalents.
The Canadian military uses ‘law of armed conflict’; The American military uses ‘law of war’; the ICRC uses ‘international humanitarian law’ because it indicates that the rules protect individuals rather than nation states.
International humanitarian law is a set of limiting rules that apply in times of armed conflict, which are aimed at:
- protecting people who are not, or are no longer participating in a conflict.
- restricting the means and methods of warfare.
So what does this last point mean? Restricting the means and methods of warfare?
What are means of warfare?
‘Means’ refer to weapons. Many weapons that do not distinguish between civilians and combatants have been banned. Examples: anti-personnel landmines, biological and chemical weapons, blinding lasers, poison—and now cluster munitions are well on their way to being banned
What are methods of warfare?
‘Methods’ refer to the way in which a weapons are used, and the choice of weapons and tactics; this is not unlimited. Example: starvation of civilians as a method of warfare is prohibited; as is not attacking civilian property, or objects and sites indispensable to survival (farming areas, drinking water, dams)
To summarize: Anything which causes excessive suffering, particularly where other alternate means are available, is prohibited. Similarly, not distinguishing between civilians and military is also prohibited.
IHL concerns itself with how wars are fought, not why.

5. Balancing military necessity with humanitarian considerations.
Humanitarian law represents a tension between the unlawfulness of war and the need for rules.
Balancing military necessity with humanitarian considerations.
Humanitarian law represents a tension between the unlawfulness of war (usually) and the need for rules.
In doing so, IHL aims to limit violence to military necessity, which is the amount of violence necessary to achieve the aims of the conflict.
Balancing military necessity with humanitarian considerations

6. International Armed Conflict
IHL applies as soon as one state uses
armed violence against one or more other
sovereign states
There are 2 different types of armed conflict where IHL would apply:
International Armed Conflict (conflict between two or more States / Countries) and Non-International Armed Conflict (between a government and rebel / militia group)
There are a few different types of International armed conflicts:
1. between two or more States (ex. U.S. and Iraq);
State A
State B

7. International Armed Conflict
...but it also includes situations of occupation.
State A
State B
2. when one state occupies another (ex. Russia in Ukraine); or situations of occupation

8. International Armed Conflict
...and national liberation wars.
State A
State B
3. in times of national liberation (ex. Sudan and South Sudan) or National Liberation Wars (this type predominately referred to wars fought during de-colonization);
IHL is applicable even if one of the parties claims that no state of war exists.
In an international armed conflict, IHL applies as soon as one state uses armed violence against one or more other sovereign States.
For internal conflicts...

9. Non-International (or Internal) Armed Conflict
IHL applies when rebel or insurgent forces use armed violence against the government forces within a country. To qualify as armed conflict, certain conditions must be met.
Government
Armed Group 1 2
In a non-international, or internal armed conflict, IHL applies when rebel or insurgent forces use armed violence against the government forces within a country. We will explore the conditions that need to be met on the next slide.
This means that domestic internal tensions or disturbances, such as riots, protests, blockades, and so on, would not qualify as an internal conflict; and therefore IHL would not apply. But other laws, such as human rights law, usually domestic criminal/civil law, would.
It is important to note that humanitarian law is a lower thresh-hold of protection than human rights law, generally, and national laws, such as the Canadian Charter of Rights and Freedoms.
For instance, under IHL, the State can fire upon combatants, whereas under domestic Canadian law, the authorities face many more constraints on the use of force.

10. Non-International Armed Conflict
To qualify as armed conflict of a non-international nature, the rebel or insurgent forces must:
be under responsible command control
which means being sufficiently organized, bearing arms openly and wearing some sort of uniform
have control of a part of the territory
In international conflict, the full laws apply (four Geneva Conventions and Additional Protocol I).
In non-international conflict, we must further ask if Additional Protocol II applies.
To qualify as armed conflict of a non-international nature, the rebel or insurgent forces must:
• be under responsible command control • be sufficiently organized, bearing arms openly and wearing some sort of uniform
• have control of a part of the territory
If these conditions are met, then Additional Protocol II Applies—provided, of course, that the State in question has ratified this Protocol... Otherwise, we look to another article of IHL to compensate for this imbalance in protection. We will discuss this in a couple slides.

11. Under Public International Law, War IS prohibited! - UN Charter But…
But…
The UN Charter plays an important role in determining when states have the right to wage war.
Under Public International Law, War is Prohibited....but.....

12. According to the Charter of the United Nations:
States have the right to defend against attacks on their independence or their territory
Prohibition on the use of force does not encompass internal armed conflicts or civil wars
Member States can use force in collective action to maintain or restore international peace and security
However, the UN Charter has not completely outlawed the use of force; in three cases where the use of force is permitted:
States have the right to defend against attacks on their independence or their territory
2. Prohibition on the use of force does not encompass internal armed conflicts or civil wars (Domestic laws are different)
3. Member States can use force in collective action to maintain or restore international peace and security. (ex. NATO)
Despite being outlawed by the Charter of the United Nations, war still occurs. Therefore, there is a need for international rules which limit the effects of war on people and property (IHL).
Throughout the 20th Century, armed conflict has increasingly threatened, and even targeted, civilians. The following figures are approximate but relatively accurate in terms of the ratios between civilian and military casualties: During World War I, only 10 % of the casualties were civilians.
During Word War II, it rose to 50% (Arial bombing like the blitzkrieg, holocaust). Since the latter quarter of the 20th Century, often 90% (or even more) of the victims are civilians.
As you can see, there is a great need for the rules to be respected and applied by those conducting armed conflict. Let’s look more deeply at the rules themselves / now we will look closer at what these laws are and how they are applied.

13. Principle of Distinction
A distinction must be made at all times between combatants or persons taking part in the hostilities and protected persons or members of the civilian population and former combatants who are no longer taking part in the conflict
Where the use of force is permitted, there are principles that need to be followed at all times and IHL is guided by the following two principles:
Principle of Distinction
Distinction must be made at ALL times between combatants (or those directly taking part in hostilities) and protected persons (which includes civilians, medical staff and those combatants no longer taking part in the hostilities)
Distinction must not only be made between combatants and non combatants but also military and civilian objectives. Meaning attacks are only legitimate when directed against military objectives (any location, means or methods that provide definite military advantage)

14. Principle of Proportionality
Parties to the conflict and members of their armed forces do not have an unlimited right to choose methods and means of warfare. It is forbidden to use weapons or methods of warfare that are likely to cause unnecessary losses or excessive suffering
Principle of Proportionality
Prohibits any use weapons or methods of warfare that are likely to cause unnecessary losses or excessive suffering
Because Humanitarian law is about finding the right balance between military necessity and humanitarian considerations, we have to also consider the perspective and operating principles of the military.

15. Military Necessity
Limiting the amount or level of violence to that necessary to achieve the aims of the conflict, which can be only to weaken the military potential of the enemy
Because Humanitarian law is about finding the right balance between military necessity and humanitarian considerations, we have to also consider the perspective and operating principles of the military.
There are 2 other principles that are used within IHL regarding this: One being/for example...
Military Necessity
- The aim of a conflict should only be to weaken the military potential of the enemy therefore, the level of violence used should be just enough to achieve this goal.

16. Military Objectives
Limiting military attacks to objects that make a contribution to military action and whose total or partial destruction, capture or neutralization … offers a military advantage
Military Objectives
Limiting attacks to military objects and targets only. (Very similar to the principle of Distinction)

18. Four Precepts of IHL Do not attack non-combatants
Do not attack non-combatants
Attack combatants only by legal means
Treat persons in your power humanely
Protect those helping the victims
Now we will look at the basic rules and instruments of IHL and discuss in some detail the key Geneva Conventions and additional protocols. But to start more broadly, these four precepts or rules, represent the simplest way to outline the nature of IHL:
Do not attack non-combatants
— Attacks must be limited to combatants and military targets (Principle of distinction)
Attack combatants only by legal means
— Attacks or weapons that are indiscriminate and cause excessive injury or suffering are prohibited (principle of proportionality)
Treat prisoners in your power humanely
— Civilians, wounded combatants and prisoners should be spared, protected and treated humanely
Protect those assisting the victims
— including military and civilian medical personnel/facilities (hospitals, ambulances), who must be respected and protected to be able to carry out their duties

19. Geneva Conventions
First Geneva Convention protects the wounded and sick in Armed Forces in the field
Second Geneva Convention protects the wounded, sick and shipwrecked among Armed Forces at sea Second Geneva
Third Geneva Convention is concerned about the treatment of Prisoners of War
Fourth Geneva Convention protects of civilians in times of war
The Geneva Conventions comprise four treaties (an agreement under international law), and three additional protocols, that extensively define the basic rights of wartime prisoners (civilians and military personnel); establish protections for the wounded; and establish protections for the civilians in and around a war-zone. The singular term Geneva Convention usually denotes (means) the agreements of 1949, negotiated in the aftermath of the Second World War (1939–45), which updated the terms of the first three treaties (1864, 1906, 1929), and added a fourth. The four Geneva Conventions and their Additional Protocols are the principle instruments of IHL that elaborate on these basic rules.
Each Convention or Protocol covers a specific area:
First Geneva Convention is concerned about protecting the wounded and sick in Armed Forces in the field
Second Geneva Convention is concerned about protecting the wounded, sick and shipwrecked among armed forces at sea Second Geneva
Third Geneva Convention is concerned about the treatment of Prisoners of War
Fourth Geneva Convention is concerned about the protection of civilians in times of war

20. Additional Protocols
Additional Protocol I strengthens the protection afforded to the civilian populations in international armed conflicts.
Additional Protocol II strengthens protection for those not taking part in non-international armed conflicts.
Additional Protocol III establishes a new additional emblem, commonly referred to as the red crystal, alongside the red cross and red crescent.
As mentioned earlier, the ways in which war is waged over time has greatly changed. There is no longer distinct battle fields or boundaries that contain conflict, accordingly amendments have to be made (adjust), which is the result of the additional protocols 1 through 3. 
Additional Protocol I brings together the laws of Geneva and the Hague conventions and strengthens the protection afforded to civilian populations in international armed conflicts. It also describes wars of national liberation as international conflicts, such as those which occurred in many parts of Africa and Asia in the 1960s and onwards.
Additional Protocol II strengthens protection for those not taking part in non-international armed conflicts (also called ‘civil wars’ or internal conflicts. This type of conflict was not covered by the 1949 Geneva conventions; again Protocol II recognizes the changing face of war. Most contemporary conflict situations fall into this category.
And lastly, in 2005, the third Additional Protocol was created, which established a new additional emblem, the red crystal.
The evolution of IHL is ongoing. New IHL treaties continue to be developed
Some examples are:
1997 Ottawa Treaty to ban anti-personnel mines;
1998 Rome Statute that establishes a permanent International Criminal Court; and
2008 Convention on Cluster Munitions (Oslo Treaty)
2013 Arms Trade Treaty
What would happen without these rules?
Civilians would be targeted / increased suffering in the population
Escalation/proliferation of the types of weapons used
Destruction of civilian infrastructure
Targeting of aid workers
Torture
Prolonged conflicts/More difficult to “win the peace”
Race to the bottom (increasingly lower standards of behaviour in armed conflict)
What difficulties can occur in implementing the rules?
Armed forces are not always trained
Rebel groups are ill-informed of rules
Media and civilians are uninformed
Lack of enforcement mechanisms to address violations
Conflicts can occur in failed States where chaos is prevalent
Confusion between who is a civilian and who is a combatant
Despite the fact that most contemporary armed conflicts are non-international in nature, treaty law covering such conflicts remains fairly limited.
Levels of Protection
International armed conflict is covered by 530 articles in the Geneva Conventions and their Additional Protocols; Non-international armed conflict (NIAC) is covered by only 28 articles.
Why do you think there is less for NIAC?
[Answer: States do not want to give legitimacy to groups opposing them and any actions they may take to unseat or undermine the government.]

21. IHL Application INTERNATIONAL ARMED CONFLICT All 4 Geneva Conventions
INTERNATIONAL ARMED CONFLICT
All 4 Geneva Conventions
Additional Protocol I
NON-INTERNATIONAL ARMED CONFLICT
Common Article 3 of the 4 Geneva Conventions
Additional Protocol II
In international armed conflict, the full laws apply (four Geneva Conventions and Additional Protocol I).
In non-international armed conflict, if the conditions are met to qualify an armed conflict as non-international in nature (as we saw earlier), then Additional Protocol II applies - provided, of course, that the State in question has ratified this Protocol...
Otherwise, we must look to another article of IHL to compensate for this imbalance in protection - Common Article 3 of the 4 Geneva Conventions.

22. Customary Law A rule is customary:
A rule is customary:
If it reflects actual State practice when there exists a conviction in the international community that such a practice is required as a matter of law
It is binding on ALL States — unlike treaties which only bind States that have ratified them
Common Article 3 — common to all four Geneva Conventions —
is the ’bottom line’, or minimum protection, accorded during armed conflict and
represents a minimum standard from which the belligerents should never depart
During non-international armed conflicts, the ICRC bases its work on Common Article 3, as well as Additional Protocol II.
The rules contained in Common Article 3 are considered as customary law.
Customary law fills in some of the protection gaps, especially related to Non-International Armed Conflict. Unlike treaty law (Geneva Conventions, Additional Protocols, Rome Statute, Ottawa Treaty, etc), customary law is not written, but rather based on actual practice.
A rule is considered customary: • if it reflects actual State practice OR when there is a belief within the international community that such a practice is required as a matter of law
Customary law is binding on ALL States — unlike treaties which only bind States that have ratified them.
For example, Let’s look at the Additional Protocols of Unlike the Geneva Conventions, these laws are not considered universal, as not as many States have ratified them. This is particularly true of Additional Protocol II, which focuses on non-international armed conflict.
However, a recent study has shown that a large number of customary rules of IHL are applicable to both international and non international conflicts. So for application of these rules, the qualification of the conflict as international or non-international is not relevant. By practice and custom these rules apply in any armed conflict.

23. Conflict Scenario 1
Ethiopian troops, pursuing fighters of the Oromo Liberation Front (OLF; Ethiopian rebel group) entered Kenyan territory where they clashed with the Kenyan armed forces.
Three Ethiopian soldiers were reportedly killed and another one was captured and transferred to an unknown destination.
The OLF is reported to have bases in Kenyan territory and to enjoy the support of allied Kenyan tribes.
Ethiopia and Kenya are party to the Geneva
Conventions and the Additional Protocols.

24. Scenario 1 Questions: What kind of armed conflict is this?
What kind of armed conflict is this?
What part of IHL is applicable here? Why?

25. Conflict Scenario 2
Three individuals placed bombs in three different transit stations in a Canadian city.
These bombs subsequently exploded and killed 75 people in the morning rush hour.
Two of the individuals have been found and arrested, but the third is still missing.
The two arrested are Canadian citizens.

26. Scenario 2 Questions:
Does international humanitarian law apply to this situation? Why or why not?
What can you imagine the role of the Canadian Red Cross might be in this situation?

27. Who is consider a Child Soldier?
Any person under age 18 who is part of any kind of regular or irregular armed force or group in any capacity
I am just going to briefly talk about Child Soldiers, as there are increasingly involved in armed conflicts-
any person under age 18 who is part of any kind of regular or irregular armed force or group in any capacity, including but not limited to cooks, porters, messengers and those accompanying such groups, other than purely as family members. This definition includes children recruited for sexual purposes and for forced marriage. It does not only refer to a child who is carrying or has carried arms.

28. How do children find themselves in Armed groups?
Volunteer recruitment
Coercion
Forced recruitment
Volunteer recruitment
Children may join armed groups for a variety of reasons such as ideological and patriotic reasons or in response to a lack of economic and political opportunity or for access to food, water and shelter.
Others may be lured by their friends’ or parents’ participation in combat or by the opportunity to seek revenge over the death of a loved-one.
Coercion
Children may be lured into the groups by friends and family through peer pressure.
Forced recruitment
Children can be abducted, drugged, abused and shamed into joining armed groups. Some are tortured and abused and are forced to commit and witness atrocities, making it difficult for them to return to their communities. For instance, the rape of girls and boys is frequently used to prevent children from attempting to return to their families in societies where sexual violence is met with shame and isolation.

29. Volunteer recruitment
Children may join armed groups for a variety of reasons such as ideological and patriotic reasons or in response to a lack of economic and political opportunity or for access to food, water and shelter.
Others may be lured by their friends’ or parents’ participation in combat or by the opportunity to seek revenge over the death of a loved-one.
Coercion
Children may be lured into the groups by friends and family through peer pressure.
Forced recruitment
Children can be abducted, drugged, abused and shamed into joining armed groups. Some are tortured and abused and are forced to commit and witness atrocities, making it difficult for them to return to their communities. For instance, the rape of girls and boys is frequently used to prevent children from attempting to return to their families in societies where sexual violence is met with shame and isolation.

30. Crimes War crimes: serious violations of IHL
War crimes: serious violations of IHL
Crimes against humanity: acts committed as part of a widespread or systematic attack directed against any civilian population
Genocide: intent to destroy, in whole or in part, a national, ethnic racial or religious group
Three main crimes that represent violations of IHL:
War crimes ...wilful killing, torture, inhuman or degrading treatment, depriving someone's rights
Crimes against humanity ... acts committed as part of a widespread or systematic attack directed against any civilian population
Genocide ... intent to destroy, in whole or in part, a national, ethnic racial or religious group
As well as 3 avenues to Justice:
At the National level through domestic legislation and national tribunals
At the International level through special tribunals, whether ad hoc or permanent and the International Criminal Court
Truth and Reconciliation processes

31. Approaches to Justice National legislation and national tribunals
National legislation and national tribunals
International tribunals, whether ad hoc or permanent.
Truth and Reconciliation processes
These crimes are addressed
At the National level through domestic legislation and national tribunals
At the International level through special tribunals, whether ad hoc or permanent and the International Criminal Court
Truth and Reconciliation processes

32. What type of weapons are used?
Can you identify other threats to life and dignity?
What specific vulnerable populations are affected? How are they affected?
3. What assistance do you see being delivered? …or what assistance do you imagine will be needed, both short- or long-term?
4. What do you think are, or might be, violations of IHL?
Play Film:
Panorama and divide audience into groups of 4.
assign each group a question; watch video and write down your answers
After film, discuss as a group and choose the top 3
Group not just weapons but disease, hunger, fear, imprisonment, torture, detention, dangerous environment (destroyed buildings, unexploded weapons, etc).and so on.
Group don’t forget aid workers... Group include psychosocial needs (trauma)
Group 4 … mistreatment of POWs, killing a POW, targeting civilians, etc
As you saw from the video, IHL is concerned with the effects armed conflict has on individuals, communities and entire societies. It is the human attempt to protect the lives and dignity and lessen the suffering of those affected. It represents the limits in place concerning the conduct of warfare and the obligations States have to assist and protect those affected.

33. ICRC Role
The mandate given to the ICRC by the international community is to act as the promoter and guardian of international humanitarian law.
The ICRC is also designated as the agency to assist and protect victims of armed conflict.
During international armed conflicts:
ICRC bases its intervention on the four Geneva Conventions and the two Additional Protocols.
They lay down the ICRC’s right to carry out certain activities:
bringing relief to wounded and sick military personnel,
visiting prisoners of war,
aiding civilians and ensuring that those protected by humanitarian law are treated accordingly.
In times of peace:
The role of the ICRC is to promote IHL - to work for the understanding and dissemination of knowledge of international humanitarian law applicable in armed conflicts.
While the central obligation to disseminate IHL rests with States who have ratified these treaties, the ICRC should play a supporting role. ICRC must work closely with National Societies who also assume this mandate.
Method of Working:
On the strength of the conclusions it draws from its protection and assistance work, the ICRC makes confidential representations to the relevant authorities in the event of violations of humanitarian law.
If the violations are serious and repeated and it can be established with certainty that they have occurred, the ICRC reserves the right to take a public stance; it does so only if it deems such publicity to be in the interest of the people affected or threatened. This therefore remains an exceptional measure.

34. Canadian Red Cross Role
National Societies, such as Canadian Red Cross, have a mandate to assist their government in disseminating IHL to the armed forces and civilian population.
The Canadian Red Cross is involved in many activities related to IHL such as:
the training of Canadian armed forces and peacekeepers (in IHL and role of Movement)
the family tracing and reunion for people who have been separated from their family during a conflict
the monitoring of use of the red cross emblem by Canadian companies and individuals
the teaching of IHL in schools & universities (including journalism schools and working media)
the dissemination of IHL and humanitarian principles through media, public campaigns or events
Your attendance at this workshop in fact, is apart of fulfilling international treaties that Canada is party to and part of fulfilling the National and Global mandate of the RC/RC Movement to educate the public on IHL.

35. Questions?

36. For more Information: ICRC: www.icrc.org CRCS: www.redcross.ca
Convention on the Rights of the Child:
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict: