sou · GYB322d3 · 2011-01-01 00:00:00 — Whenever circumstances permit, and particularly after an engagement, each party to the conflict must, without delay, take all possible measures to search for, collect and evacuate the wounded, sick and shipwrecked without adverse distinction. [IAC/NIAC] Rule 110. The wounded, sick and shipwrecked must receive, to the fullest extent practicable and with the least possible delay, the care and attention required by their condition. No distinction may be made among them founded on any grounds other than ones. [IAC/NIAC] Each party to the conflict must take all possible measures to protect the wounded, sick and shipwrecked against ill- treatment and against pillage of their personal property. [IAC/NIAC] Whenever circumstances permit, and particularly after an engagement, each party to the conflict must, without delay, take all possible measures to search for, collect and evacuate the dead without adverse distinction. [IAC/NIAC] Each party to the conflict must take all possible measures to prevent the dead from being despoiled. Mutilation of dead bodies is prohibited. [IAC/NIAC] Parties to the conflict must endeavour to facilitate the return of the remains of the deceased upon request of the party to which they belong or upon the request of their next of kin. They must return their personal effects to them. The dead must be disposed of in a respectful and their respected and properly maintained. [IAC/NIAC] Rule 116. With a view to the identification of the dead, each party to the conflict must record all available information prior to disposal and mark the location of the . [IAC/NIAC] Each party to the conflict must take all feasible measures to account for persons reported missing as a result of armed conflict and must provide their family members with any information it has on their fate. [IAC/NIAC] ICRC:s sedvanerättsstudie SOU 2010:22 Persons Deprived of Their Persons deprived of their must be provided with adequate food, water, clothing, shelter and attention. [IAC/NIAC] Women who are deprived of their must be held in quarters separate from those of men, except where families are accommodated as family units, and must be under the immediate supervision of women. [IAC/NIAC] Children who are deprived of their must be held in quarters separate from those of adults, except where families are accommodated as family units. [IAC/NIAC] Persons deprived of their must be held in premises which are removed from the combat zone and which safeguard their health and hygiene. [IAC/NIAC] Pillage of the personal belongings of persons deprived of their is prohibited. [IAC/NIAC] The personal details of persons deprived of their must be recorded. [IAC/NIAC] A.In international armed conflicts, the ICRC must be granted regular access to all persons deprived of their in order to verify the conditions of their detention and to restore contacts between those persons and their families. B.In non-international armed conflicts, the ICRC may offer its services to the parties to the conflict with a view to visiting all persons deprived of their for reasons related to the conflict in order to verify the conditions of their detention and to restore contacts between those persons and their families. Persons deprived of their must be allowed to correspond with their families, subject to reasonable conditions relating to frequency and the need for censorship by the authorities. [IAC/NIAC] Civilian internees and persons deprived of their in connection with a non-international armed conflict must be allowed to receive visitors, especially near relatives, to the degree practicable. The personal convictions and religious practices of persons deprived of their must be respected. [IAC/NIAC] A.Prisoners of war must be released and repatriated without delay after the cessation of hostilities. B.Civilian internees must be released as soon as the reasons which necessitated internment no longer exist, but at the latest as soon as possible after the close of hostilities. C.Persons deprived of their in relation to a non- international armed conflict must be released as soon as the reasons for the deprivation of their cease to exist. The persons referred to may continue to be deprived of their if penal proceedings are pending against them or if they are serving a sentence lawfully imposed. Displacement and Displaced Persons A.Parties to an international armed conflict may not deport or forcibly transfer the civilian population of an occupied territory, in whole or in part, unless the security of the civilians involved or imperative military reasons so demand. B.Parties to a non-international armed conflict may not order the displacement of the civilian population, in whole or in part, for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand. States may not deport or transfer parts of their own civilian population into a territory they occupy. In case of displacement, all possible measures must be taken in order that the civilians concerned are received under satisfactory conditions of shelter, hygiene, health, safety and nutrition and that members of the same family are not separated. [IAC/NIAC] [IAC/NIAC] Displaced persons have a right to voluntary return in safety to their homes or places of habitual as soon as the reasons for their displacement cease to exist. [IAC/NIAC] The property rights of displaced persons must be respected. [IAC/NIAC] Other Persons Afforded Specific Protection The specific protection, health and assistance needs of women affected by armed conflict must be respected. [IAC/NIAC] Children affected by armed conflict are entitled to special respect and protection. [IAC/NIAC] Children must not be recruited into armed forces or armed groups. [IAC/NIAC] Children must not be allowed to take part in hostilities. [IAC/NIAC] The elderly, disabled and infirm affected by armed conflict are entitled to special respect and protection. [IAC/NIAC] Compliance with International Humanitarian Each party to the conflict must respect and ensure respect for international humanitarian law by its armed forces and other persons or groups acting in fact on its instructions, or under its direction or control. [IAC/NIAC] The obligation to respect and ensure respect for international humanitarian law does not depend on reciprocity. [IAC/NIAC] must make legal advisers available, when necessary, to advise military commanders at the appropriate level on the application of international humanitarian law. [IAC/NIAC] Rule 142. States and parties to the conflict must provide instruction in international humanitarian law to their armed forces. [IAC/NIAC] States must encourage the teaching of international humanitarian law to the civilian population. [IAC/NIAC] Enforcement of International Humanitarian States may not encourage violations of international humanitarian law by parties to an armed conflict. They must exert their influence, to the degree possible, to stop violations of international humanitarian law. [IAC/NIAC] Where not prohibited by international law, belligerent reprisals are subject to stringent conditions. Belligerent reprisals against persons protected by the Conventions are prohibited. Reprisals against objects protected under the Conventions and Hague Convention for the Protection of Cultural Property are prohibited. Parties to non-international armed conflicts do not have the right to resort to belligerent reprisals. Other countermeasures against persons who do not or who have ceased to take a direct part in hostilities are prohibited. A State is responsible for violations of international humanitarian law attributable to it, including: (a)violations committed by its organs, including its armed forces; (b)violations committed by persons or entities it empowered to exercise elements of governmental authority; (c)violations committed by persons or groups acting in fact on its instructions, or under its direction or control; and (d)violations committed by private persons or groups which it acknowledges and adopts as its own conduct. [IAC/NIAC] A State responsible for violations of international humanitarian law is required to make full reparation for the loss or injury caused. [IAC/NIAC] Individuals are criminally responsible for war crimes they commit. [IAC/NIAC] Commanders and other superiors are criminally responsible for war crimes committed pursuant to their orders. [IAC/NIAC] Commanders and other superiors are criminally responsible for war crimes committed by their subordinates if they knew, or had reason to know, that the subordinates were about to commit or were committing such crimes and did not take all necessary and reasonable measures in their power to prevent their commission, or if such crimes had been committed, to punish the persons responsible. [IAC/NIAC] combatant has a duty to disobey a manifestly unlawful order. [IAC/NIAC] Obeying a superior order does not relieve a subordinate of criminal responsibility if the subordinate knew that the act ordered was unlawful or should have known because of the manifestly unlawful nature of the act ordered. [IAC/NIAC] Serious violations of international humanitarian law constitute war crimes. [IAC/NIAC] States have the right to vest jurisdiction in their national courts over war crimes. [IAC/NIAC] States must investigate war crimes allegedly committed by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspects. They must also investigate other war crimes over which they have jurisdiction and, if appropriate, prosecute the suspects. [IAC/NIAC] At the end of hostilities, the authorities in power must endeavour to grant the broadest possible amnesty to persons who have participated in a non-international armed conflict, or those deprived of their for reasons related to the armed conflict, with the exception of persons suspected of, accused of or sentenced for war crimes. Statutes of limitation may not apply to war crimes. [IAC/NIAC] States must make every effort to cooperate, to the extent possible, with each other in order to facilitate the investigation of war crimes and the prosecution of the suspects. [IAC/NIAC] Air and (2009) (Luftkrigsmanualen) De första reglerna avseende luftkrig kom i form av Haagdeklaration om förbud mot att utkasta sprängladdningar från ballonger. Härigenom förbjöds, , användningen av luftballonger vid bombardemang av mark- mål. Under genomfördes dock militära ope- rationer med bl.a. tyska luftstridskrafter på ett sätt som drab- bade den brittiska civilbefolkningen hårt. Detta ledde till att en internationell juristkommission tillsattes efter krigsslutet för att utarbeta förslag till en mer omfattande reglering av luftkrig. 1923 presenterade juristkommissionen ett förslag till folkrättslig reglering av bl.a. luftkrig, Rules concerning the Control of Telegraphy in Time of War and (Hague Rules of ). Syftet med det framlagda förslaget var att skydda civilbefolkningen och civil egendom från luftbombarde- mang genom att förbjuda terrorbombning och endast tillåta luftanfall inom områden där markoperationer förekom. Emel- lertid ansågs förslaget gå alltför långt när det gällde skyddet av civila och civil egendom på bekostnad av militära hänsyn. Med anledning av detta ansåg sig inte stormakterna kunna godkänna förslaget. Trots att juristkommissionens förslag inte officiellt antogs har förslaget fått en grundläggande betydelse genom att det tar upp viktiga problem i samband med luftkrig; exempelvis behandlas regler om neutralitet men även krav på särskiljande av civilbefolkning och civil egendom å ena sidan och kombat- tanter och militära mål å den andra - den s.k. distinktions- principen. , , finns fortfarande ingen specifik konvention som reglerar luftkrigföring. melserna i och dessas tilläggsprotokoll gäller givetvis även för luftkrigföring, men det har saknats en modern specifik reglering av luftkrigföring. Detta tillsammans med luftstridskrafternas ökade betydelse i modern krigföring har väckt frågan om inte en sådan specifik reglering vore önskvärd. Genom den s.k. fick sjökriget en modern tolkning och tappning. På samma vis togs 2003 ett initiativ till en manual för luftkrigföring av Program on Humanitarian and at (). Under arbetade sedan en grupp av experter inom området och representanter från stater under ledning av HPCR med att ta fram en luftkrigsmanual (on Inter- national to Air and Missile Warfare) bestående av 175 regler samt en omfattande kommentarsdel. Kommentarsdelen Commentary on the on International to Air and Missile Warfare färdigställdes . Den föreslagna manualen är inte juridiskt bindande och syftar inte till att skapa nya bestämmelser, utan försöker sam- manställa och återge dagens allmänna humanitärrättsliga för- pliktelser i specifika termer med bäring på luftkrigföring. För- hoppningen är att den kan komma att påverka och förenkla staters efterlevnad av den humanitära rätten. Publicering: /amw Manual on International to Air and Missile Warfare 2009 Section A: Definitions For the purposes of this Manual - (a)Air or airspace means the air up to the highest altitude at which an aircraft can fly and below the lowest possible perigee of an earth satellite in orbit. Under international law, airspace is classified as either national airspace (that over the land, internal waters, archipelagic waters, and territorial seas of any State) or international airspace (that over contiguous zones, exclusive economic zones, the high seas, and territory not subject to the sovereignty of any State). (b)Air or missile operations mean military operations in armed conflict involving the use of aircraft or missiles of all types; whether in offence or defence; and whether or not over the territory of one of the Belligerent Parties. (c)Air or missile combat operations mean air or missile operations designed to injure, kill, destroy, damage, capture or neutralize targets, the support of such operations, or defence against them. (d)Aircraft means any vehicle - whether manned or unmanned - that can derive support in the atmosphere from the reactions of the air (other than the reactions of the air against the earths surface), including vehicles with either fixed or wings. (e)Attack means an act of violence, whether in offence or in defence. (f)Belligerent Party means a State Party to an international armed conflict. (g)Cartel aircraft means an aircraft granted safe conduct by agreement between the Belligerent Parties for the purpose of performing a specific function, such as the transport of prisoners of war or parlementaires. (h)Civilian aircraft means any aircraft other than military or other State aircraft . (i)Civilian airliner means a civilian aircraft identifiable as such and engaged in carrying civilian passengers in scheduled or non-scheduled service. (j)Civilian objects mean all objects which are not military objectives, as defined in Rule 1 (y). (k)Civil defence means the performance of some or all of the humanitarian tasks mentioned below, intended to protect the civilian population against the dangers, and to help it to recover from the immediate effects, of hostilities or disasters and also to provide the conditions necessary for its survival. These tasks are: (i) warning; (ii) evacuation; (iii) management of shelters; (iv) management of blackout measures; (v) rescue; (vi)services, including first aid, and religious assistance; (vii) fire-fighting; (viii) detection and marking of danger areas; (ix) decontamination and similar protective measures; (x) provision of emergency accommodation and supplies; (xi) emergency assistance in the restoration and maintenance of order in distressed areas; (xii) emergency repair of indispensable public utilities; (xiii) emergency disposal of the dead; (xiv) assistance in the preservation of objects essential for survival; (xv) complementary activities necessary to carry out any of the tasks mentioned above, including, but not limited to, planning and organization. (l)Collateral damage means incidental loss of civilian life, injury to civilians and damage to civilian objects or other protected objects or a combination thereof, caused by an attack on a lawful target. (m)Computer network attack means operations to manipulate, disrupt, deny, degrade, or destroy information resident in computers and computer networks, or the computer network itself, or to gain control over the computer or computer network. (n)Contraband means goods which are ultimately destined for territory under the control of an enemy Belligerent Party and which are susceptible for use in international armed conflict. (o)Cultural property means, irrespective of origin or ownership: (i)Movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above; (ii)whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub- paragraph (i) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in sub-paragraph (i); (iii)Centres containing a large amount of cultural property as defined in subparagraphs (i) and (ii). (p)Electronic warfare means any military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy. (q)Feasible means that which is practicable or practically possible, taking into account all circumstances prevailing at the time, including humanitarian and military considerations. (r)International armed conflict means an armed conflict between two or more States. (s)of international armed conflict means all the principles and rules of treaty and customary international law binding on a State and governing armed conflict between States; the term law of international armed conflict is synonymous with international humanitarian law relating to international armed conflict. (t)Means of warfare mean weapons, weapon systems or platforms employed for the purposes of attack. (u)aircraft means any aircraft permanently or temporarily assigned - by the competent authorities of a Belligerent Party - exclusively to aerial transportation or treatment of wounded, sick, or shipwrecked persons, and/or the transport of personnel and equipment or supplies. (v)Methods of warfare mean attacks and other activities designed to adversely affect the enemys military operations or military capacity, as distinct from the means of warfare used during military operations, such as weapons. In military terms, methods of warfare consist of the various general categories of operations, such as bombing, as well as the specific tactics used for attack, such as high altitude bombing. (w)Military advantage means those benefits of a military nature that result from an attack. They relate to the attack considered as whole and not merely to isolated or particular parts of the attack. (x)Military aircraft means any aircraft (i) operated by the armed forces of a State; (ii) bearing the military markings of that State; (iii) commanded by a member of the armed forces; and (iv) controlled, manned or preprogrammed by a crew subject to regular armed forces discipline. (y)Military objectives, as far as objects are concerned, are those objects which by their nature, location, purpose or use, make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. (z)Missiles mean self-propelled unmanned weapons - launched from aircraft, warships or land-based launchers - that are either guided or ballistic. (aa)Neutral means a State not a Belligerent Party in an international armed conflict. (bb)Precision guided weapons mean weapons that can be directed against a target using either external guidance or a guidance system of their own. (cc)State aircraft means any aircraft owned or used by a State serving exclusively non-commercial government functions. (dd)Unmanned Aerial Vehicle (UAV) means an unmanned aircraft of any size which does not carry a weapon and which cannot control a weapon. (ee)Unmanned Combat Aerial Vehicle (UCAV) means an unmanned military aircraft of any size which and launches a weapon, or which can use on-board technology to direct such a weapon to a target. (ff)Weapon means a means of warfare used in combat operations, including a gun, missile, bomb or other munitions, that is capable of causing either (i) injury to, or death of, persons; or (ii) damage to, or destruction of, objects. Section B: General (a) The objective of this Manual is to produce a restatement of existing law applicable to air or missile operations in international armed conflict. This is without prejudice to the possible application of some of the Rules in this Manual to non-international armed conflicts (for details, see the Commentary). (b)Nothing in this Manual affects existing obligations of States under treaties to which they are Contracting Parties. (c)In cases not covered by this Manual, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience. (a) Subject to binding decisions adopted by the under Chapter VII of the Charter of the United Nations, the Rules reflected in this Manual also apply to all air or missile operations conducted by United Nations forces when in situations of armed conflict they are engaged therein as combatants, to the extent and for the duration of their engagement. (b)The Rules reflected in this Manual also apply to armed conflicts involving any other international governmental organization, global or regional. 4.The fundamental principle is that, in any armed conflict, the right of the Belligerent Parties to choose methods or means of warfare is not unlimited. Section C: Weapons Weapons used in air and missile warfare must comply with: (a)The basic principle of distinction between civilians and combatants and between civilian objects and military objectives. Consequently, it is prohibited to conduct air or missile combat operations which employ weapons that (i) cannot be directed at a specific lawful target and therefore are of a nature to strike lawful targets and civilians or civilian objects without distinction; or (ii) the effects of which cannot be limited as required by the law of international armed conflict and which therefore are of a nature to strike lawful targets and civilians or civilian objects without distinction; (b)The prohibition of unnecessary suffering or superfluous injury. Consequently, it is prohibited to conduct air or missile combat operations which employ weapons that are calculated, or of a nature, to cause unnecessary suffering or superfluous injury to combatants. 6.Specific weapons are prohibited in air or missile combat operations. (a)Biological, including bacteriological, weapons. (b)Chemical weapons. (c)weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision, that is to the naked eye or to the eye with corrective eyesight devices. (d)Poison, poisoned substances and poisoned weapons. (e)Small arms projectiles calculated, or of a nature, to cause explosion on impact with or within the human body.