IHL

International Solidarity for Children

/ Cecilia Marcela Bailliet / Leave a comment

One of the markers of the deep polarization between people interviewed in the media addressing the impact of both the hostage taking and the killing of children in Israel and Gaza is the repeated implied reference to the principle of Tu Quoque– that breaches of international humanitarian law, being committed by the enemy, justify similar breaches by a belligerent. This is principle is considered to be universally rejected in international humanitarian law, given that its obligations are considered to be unconditional and not based on reciprocity. It is imperative that the concept of international solidarity replace the narrative of revenge and division that is manifested in cycles of violence that is devasting children in Israel and Palestine.  

International solidarity is an expression of unity by which peoples and individuals enjoy the benefits of a peaceful, just and equitable international order, secure their human rights and ensure sustainable development.[1] It supports recognition of overlapping cross-border local to global solidarity network initiatives demonstrating a common empathy and shared aim between different peoples. This in contrast to unitary solidarity which is exclusionary as it centers on a common nativist, national segregated community orientation.  International Solidarity is intended to promote respect for, protection, and fulfilment of human rights and fundamental freedoms for all individuals, without distinction as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status. All individuals, including children, have the right to participate meaningfully in, contribute to and enjoy a social and international order in which all human rights and fundamental freedoms can be realized. The aim is to promote solidarity between Israeli and Palestinian children and to encourage their right to engage in solidarity initiatives to build peace and enjoy human rights.

States, International Organizations, and Non-State Actors have a duty to respect the right of international solidarity and not breach obligations under international law. The UN Convention on the Rights of the Child, Article 38 (4) sets forth the obligation to take precaution in relation to children in conflict: “In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.” State and Non-state actors, including Hamas, are obligated to respect human rights and humanitarian law. This includes ensuring that children are not subject to attack (or taken hostage), that they are not forcibly displaced or separated from their parents, that they be given humanitarian assistance (including food, water, and medicine), that they are not subjected to arbitrary house raids or arrest and detention, that they not be used as human shields, and that they enjoy a clean and healthy environment. The current conflict has not only resulted in the severe psychological trauma and anxiety, but also deaths and injuries of children in Gaza and Israel.[2]

The urgency of pursuing full negotiations to secure the release of the hostages, with special priority for the children, women, elderly, and disabled persons is underscored.

Martin Luther King observed “The ultimate weakness of violence is that it is a descending spiral begetting the very thing it seeks to destroy, instead of diminishing evil, it multiplies it. Through violence you may murder the liar, but you cannot murder the lie, nor establish the truth. Through violence you may murder the hater, but you do not murder hate. In fact, violence merely increases hate. Returning violence for violence multiplies violence, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.”[3]

Moreover, the spread of anti-Semitic and Islamophobic hate speech has incited violence in other countries, including the murder of a Palestinian 6 year old child and a Jewish woman in the United States.[4] As the Spokesperson for the OHCHR Ravina Shamdasani stated[5]:

“We call on political and other leaders to speak out, unequivocally, against such speech, and to take clear measures to stem any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. This is a time for the international community to come together in solidarity, advocating for the protection of all civilians, no matter where, no matter what.”

 King Abdullah suggested a vision of international solidarity that would be child centered at the Cairo Summit for Peace: “Our collective and unified message to the Israeli people should be: We want a future of peace and security for you and for the Palestinians, where your children and Palestinian children should no longer live in fear. .  .The only path to a safe and secure future for the people of the Middle East and the entire world—for the Jewish people, for Christians, for Muslims alike—starts with the belief that every human life is of equal value . . .”[6]

It is important that international and national actors within governments, international and regional organizations, civil society, and faith-based groups cooperate to pursue a cease- fire to be followed up by a peace and solidarity transitional justice mechanism that would be inclusive of participation by children. Positive News provides an overview of ten civil society groups that work for Israeli-Palestinian peace.[7] A future peace and solidarity mechanism should collect and share children’s stories of common losses as well as interdependent future aspirations to establish mutual recognition, empathy, and trust among the children of Israel and Palestine.  It should deconstruct the polarizing narratives in order to create a common commitment to promote a culture of sustainable peace and international solidarity.  This may help to promote support for expansion of peace and solidarity educational programs for Israeli and Palestinian children in the future.

[1] The revised Draft Declaration on Human Rights and International Solidarity, available at: G2306905.pdf (un.org)

[2] Children in Gaza ‘developing severe trauma’ after 16 days of bombing | Israel-Hamas war | The Guardian

[3] Where Do We Go from Here: Chaos or Community?. p. 67

[4] 6-Year-Old Boy Dead in Anti-Muslim Attack Near Chicago, Police Say – The New York Times (nytimes.com) 

US synagogue head killed as police warn against speculation over motive | Crime News | Al Jazeera

[5] Israel and the Occupied Palestinian Territories | OHCHR

[6] Remarks by His Majesty King Abdullah II at the Cairo Summit for Peace At the Cairo Summit for Peace | King Abdullah II Official Website

[7] Bridging the divide: 12 groups working for Israel-Palestine peace – Positive News – Positive News

Accountability for harms to children during armed conflict discussed at ILW panel

/ Diane Marie Amann / Leave a comment

NEW YORK – Ways to redress offenses against children during armed conflict formed the core of the panel that our University of Georgia School of Law Dean Rusk International Law Center sponsored last Friday at International Law Weekend, an annual three-day conference presented by the American Branch of the International Law Association and the International Law Students Association. I was honored to take part.

► Opening our panel was Shaheed Fatima QC (top right), a barrister at Blackstone Chambers in London, who led a panel of researchers for the Inquiry on Protecting Children in Conflict, an initiative chaired by Gordon Brown, former United Kingdom Prime Minister and current UN Special Envoy for Global Education.

As Fatima explained, the Inquiry focused on harms that the UN Security Council has identified as “six grave violations” against children in conflict; specifically, killing and maiming; recruitment or use as soldiers; sexual violence; abduction; attacks against schools or hospitals; and denial of humanitarian access. With regard to each, the Inquiry identified legal frameworks in international criminal law, international humanitarian law, and international human rights law. It proposed a new means for redress: promulgation of a “single instrument” that would permit individual communications, for an expressed set of violations, to the Committee on the Rights of the Child, the treaty body that monitors compliance with the Convention on the Rights of the Child and its three optional protocols. These findings and recommendations have just been published as Protecting Children in Armed Conflict (Hart 2018).

► Next, Mara Redlich Revkin (2d from left), a Ph.D. Candidate in Political Science at Yale University and Lead Researcher on Iraq and Syria for the United Nations University Project on Children and Extreme Violence.

She drew from her fieldwork to provide a thick description of children’s experiences in regions controlled by the Islamic State, an armed group devoted to state-building – “rebel governance,” as Revkin termed it. Because the IS sees children as its future, she said, it makes population growth a priority, and exercises its control over schools and other “sites for the weaponization of children.” Children who manage to free themselves from the group encounter new problems on account of states’ responses, responses that Revkin has found often to be at odds with public opinion. These range from the  harsh punishment of every child once associated with IS, without considering the extent of that association, to the rejection of IS-issued birth certificates, thus rendering a child stateless.

► Then came yours truly, Diane Marie Amann (left), Emily & Ernest Woodruff Chair in International Law here at the University of Georgia School of Law and our Center’s Faculty Co-Director. I served as a member of the Inquiry’s Advisory Board.

Discussing my service as the Special Adviser to the Prosecutor of the International Criminal Court on Children in and affected by Armed Conflict, I focused on the preparation and contents of the 2016 ICC OTP Policy on Children, available here in Arabic, English, French, Spanish, and Swahili. The Policy pinpoints the crimes against and affecting children that may be punished pursuant to the Rome Statute of the International Criminal Court, and it further delineates a “child-sensitive approach” to OTP work at all stages, including investigation, charging, prosecution, and witness protection.

► Summing up the conversation was Harold Hongju Koh (2d from right), Sterling Professor of International Law at Yale Law School and former Legal Adviser to the U.S. Department of State, who served as a consultant to the Inquiry.

Together, he said, the presentations comprised “5 I’s: Inquiry, Iraq and Syria, the ICC, and” – evoking the theme of the conference – “international law and why it matters.” Koh lauded the Inquiry’s report as “agenda-setting,” and its proposal for a means to civil redress as a “panda’s thumb” response that bears serious consideration. Koh envisaged that in some future administration the United States – the only country in the world not to have ratified the Convention on the Rights of the Child – might come to ratify the proposed new  protocol, as it has the optional protocols relating to children in armed conflict and the sale of children.

The panel thus trained attention on the harms children experience amid conflict and called for redoubled efforts to secure accountability and compensation for such harms.

(Cross-posted from Diane Marie Amann)

Commenting on the ICRC Geneva Commentaries: 30 March in D.C.

/ Diane Marie Amann / Leave a comment

Honored to be part of the International Committee of the Red Cross launch of its new Commentary on the First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in the Field, a volume due for release next Tuesday, March 22.

commentaryMy role begins a week later, with a panel discussion of the new Commentary at 2 p.m. Wednesday, March 30, and will continue later in the year with an anticipated Georgia Law conference on the same subject (stay tuned).

The March 30 panel discussion will take place in the Columbia Ballroom of the Hyatt Regency Washington on Capitol Hill, 400 New Jersey Ave N.W., Washington, D.C. That’s the same hotel hosting the annual meeting of the American Society of International Law from March 30 to April 2. This is a side event, though ASIL and its international humanitarian law interest group, the Lieber Society on the Law of Armed Conflict,  are cosponsors of this event, hosted by the ICRC’s D.C.-based Regional Delegation for the US and Canada.

The Commentary is the 1st in a series of volumes intended to update earlier versions, some of which are pictured above: 4 circa-1952 volumes on the 4 Geneva Conventions of 1949, edited by Jean S. Pictet, plus a circa-1987 volume on Additional Protocols I & II of 1977, produced by multiple editors. In the words of the ICRC:

“Since their adoption, the Conventions and Protocols have been put to the test, and there have been significant developments in how they are applied and interpreted. The new Commentaries seek to incorporate these developments and provide an up-to-date interpretation of the law.”

This initial update carries particular significance because it contains commentary on Articles 1, 2, and 3 Common to all 4 Geneva Conventions. Common Article 2 and Common Article 3 have endured significant re-examination in the counterterrorism climate that’s prevailed since the attacks of September 11, 2001, readers of decisions such as Hamdan v. Rumsfeld and a plethora of academic literature well know (and as I’ve written here and elsewhere).

The discussion at the March 30 launch in D.C. will feature:

henckaerts► Dr. Jean-Marie Henckaerts (left), Head of the Commentaries Update Unit at ICRC headquarters in Geneva, Switzerland – and, I’m proud to add, a 1990 LLM alumnus of Georgia Law

► Yours truly, Diane Marie Amann (right), Associate Dean and Emily & Ernest Woodruff Chair in International Law at Georgia Law, and the International Criminal Court Prosecutor’s Special Adviser on Children in & affected by Armed Conflict

jackson► Colonel (ret.) Dick Jackson, Special Assistant to the Army Judge Advocate General for Law of War Matters, and Adjunct Professor of Law at Georgetown Law

matheson► Michael Matheson, Professorial Lecturer in Law, George Washington University Law School, and former member of the U.N. International Law Commission

RSVPs for March 30 welcome; for that and any other information on that event, contact Tracey Begley, trbegley@icrc.org.

(Cross-posted from Diane Marie Amann)

Go On! IHL Student Workshop at Berkeley Law (deadline 31 October)

/ Karen Hoffmann / Leave a comment

The Miller Institute for Global Challenges and the Law and the International Committee of the Red Cross (ICRC) are sponsoring the 2015 International Humanitarian Law Student Workshop from January 7-9, 2015, at Berkeley Law, University of California. The application period ends this Friday, October 31.

This intensive three-day workshop combines lectures and hands-on exercises that guide law students through international humanitarian law (IHL), or the law of war. The workshop will be led by lawyers from the ICRC and from the U.S. Army JAG School, as well as by law professors who specialize in IHL.  Much of the work is done in small groups with the faculty, and there is ample time built into the schedule for networking.

Topics include:

  • Introduction to International Humanitarian Law
  • When Does IHL Apply?
  • Human Rights and IHL
  • Protected Persons
  • Internment/Detention
  • Armed Conflicts of a Non-International Character
  • The IHL/Terrorism Interface
  • Implementation and Enforcement of IHL

The IHL Workshop will be will be held from January 7-9, 2015 at Boalt Hall School of Law on the UC Berkeley campus. Sessions will run from 9 am-5 pm. In addition, there is self-funded drinks and/or dinner with the faculty on Thursday, January 8.  The fee for the workshop is $60. This includes course materials and breakfast, lunch, and light refreshments during the workshop.  Students will need to fund their own travel, lodging, and dinners. Registration is limited and competitive, and open only to students currently attending a U.S. law school. Students are encouraged to apply early, as the workshop does fill up. A maximum of 40 students may attend. Students will receive a Certificate of Completion from the ICRC.

The application period is October 15-31 2014.  Applicants will be notified of their acceptance by Thanksgiving (November 27) at the latest. For more information:  www.law.berkeley.edu/17654.htm