international humanitarian law and security

international humanitarian law and security

1. INTERNATIONAL HUMANITARIAN LAW 1

2. content Aim Introduction to International Humanitarian Law Primary purposes of IHL IHL does not … When does IHL apply? Typology of situations and applicable law What is human rights law? International humanitarian law v. human rights law Human rights and IHL IHL & HRL are Complementary What is Public security? Legislation on public security Conclusion Q & A 2

3. Aim Aim of this presentation is to convoy knowledge about International Humanitarian Law, Human Right Law and Public Security for participants 3

4. Introduction to International Humanitarian Law Set of rules that seek to limit the humanitarian consequences of armed conflict The fundamental purpose of IHL is to reduce the unnecessary suffering, loss & damage caused by armed conflicts 4

5. Protecting persons in the power of a party to an armed conflict such protections include, but are not limited to, life, physical and mental integrity, security and liberty, property rights, judicial guarantees Regulating means and methods of warfare in order to spare those who do not or no longer participate in hostilities Primary purposes of IHL 5

6. IHL does not … Regulate whether parties can fight each other Try to achieve peace Determine which side is right or wrong Prohibit fighters of one side to attack the fighters of the enemy 6

7. When does IHL apply? “IHL applies during armed conflict” International AC (between States) Non-international AC (between a State and NSAG or between NSAGs themselves) - two pre-conditions: intensity of violence; Organization of parties Other Situations of Violence (IHL is not applicable) 7

8. Typology of situations and applicable law NO ARMED CONFLICT Applicable law: IHRL, domestic legislation IHL does not apply No war crimes ARMED CONFLICT IHL applies Possibility of war crimes IAC State v. State / Occupation Any resort to armed force (low threshold of intensity) Applicable law: GCI-IV, AP I, customary IHL, IHRL NIAC State v. NSAG / NSAG v. NSAG Organization of the parties Intensity of violence Applicable law: CA3, AP II * , customary IHL, domestic law, IHRL 8

9. What is human rights law? Human rights law is the body of international law designed to promote and ensure the protection of human rights. By becoming parties to international treaties, States assume obligations and duties under international law to respect , to protect and to fulfil human rights. 9

10. International humanitarian law v. human rights law Regulates the conduct of hostilities and the protection of persons in situations of armed conflict Protects individuals from abusive or arbitrary exercise of power by state authorities. 10

11. Human rights and ihl 11

12. IHL & HRL are Complementary 12 HUMAN RIGHTS Freedom of Expression Freedom of Assembly Right to Marry COMPLEMENTARY PROVISIONS Right to Life Prohibition against Torture Prohibition against Ill-treatment Fair Trial IHL Protection of wounded , sick and shipwrecked Protection of POWs and civilian internees Conduct of Hostilities Common goal: protection of the individual

13. What is Public security? The prevention and protection against incidents that may endanger the public's safety and security by posing a considerable risk of harm, injury, or property damage. Events that may endanger the public safety and security  may be considered as states of emergency under domestic law 13

14. Legislation on public security Objective  To enforce a law enforcement and criminal justice response to threats and attacks on national security May be referred to in different names: emergency law, national security law, martial law. Deviates in multiple ways from the routine laws in this country 14

15. conclusion the intersection of International Humanitarian Law (IHL), Human Rights Law (HRL), and public security presents a complex landscape where the protection of human dignity and security must be balanced with the realities of conflict and crisis.

16. Q & A 16

17. 17 THANKYOU