MID SYYLABUS (IHL)

I.

II.

Protection of civilian in armed conflict (GC IV)

Definition of civilian & civilian objects

Legal framework

Protection of protected persons, foreigners, detainees, internees, children,

workers, people in occupied territories, food, medical supplies,, hospitals, civil
defenses, journalists, war correspondents, embedded journalists, responsibility to
protect.

Protection of prisoner of war (PoW) (GC III)

Definitions, questioning of prisoners, evacuation, internment, quarters, food &

clothing, medical care, penal displinary sanction, judicial- proceedings,
release & reparation of pow, ICRC and PoW.

III.

ICC and Rome Statute

Structure of ICC, crime under Rome statute, (crime against humanity, war
crime, crime of aggression, offences against administration of justice).

Principle of complementarity, command responsibility, territorial, penalty,

reparation of victims, appeal and revision, reference of case to ICC by
Uganda, Democratic republic of cargo, Central African republic Darfur,
Sudan, Kenya.

PROTECTION OF CIVILIAN IN ARMED CONFLICT

The Fourth Geneva Convention 1949 (GCIV) provides protection to civilians in armed
conflict, including those living under occupation.
During the past 60 years the main victims of war have been civilians. The protection of civilians
during armed conflict is therefore a cornerstone of international humanitarian law. This
protection extends to their public and private property. IHL also identifies and protects
particularly vulnerable civilian groups such as women, children and the displaced.
During World War II, and in many of the conflicts since, civilians have been the main victims of
armed conflict. Civilians have always suffered in war, but the brutal impact of World War II,
which included mass extermination, indiscriminate attacks, deportations, hostage taking, pillage
and internment, took a high toll of civilian life. The response of the international community was
the Fourth Geneva Convention adopted in 1949.
In response, the Security Council has mandated a number of peacekeeping operations
with the protection of civilians (POC) from physical violence. During armed conflict, civilians
often pay a heavy price. They may face daily threats of violence and death as they find
themselves inadvertently caught up in the middle of a conflict. Despite being protected under
international humanitarian and human rights law, civilians continue to be the victims of violence
and are sometimes deliberately targeted by belligerents. In addition to these direct attacks,
civilians also need protection from the consequences of conflict such as being forced to move
from their homes and thus losing ownership of land and property. Some may find temporary, but
often only relative safety in camps for internally displaced persons (IDPs) or refugees, but the
less fortunate may simply have to fend for themselves in inhospitable terrain.
This challenging mandate is often the yardstick by which the international community, and those
whom we endeavour to protect, judge our worth as peacekeepers.
It is important to understand that the protection of civilians is not solely the responsibility of
UN Peacekeeping operations. It is a systemic effort that includes:

the Security Council which provides protection of civilians mandates;

DPKO and DFS who plan, deploy and manage peacekeeping operations;

The troop and police contributing countries that provide the personnel for our operations;

Most importantly, the host government has the primary responsibility for protecting its
citizens;
Definitions: civilian and civilian objects.
Civilian:

a person not in the armed services or the police force,

a person who is not combatants,
article 50 (1) of additional protocol I : civilians as persons who are not members of the

armed forces, to which no reservations have been made,

Rule 5. (customary IHL) : civilians are persons who are not members of armed forces,
Article 50 : a civilian is any person who does not belong to one of the categories of
persons referred to article 4A (1), (2), (3), and (6) of the Geneva convention 3 and in

Article 43 of protocol I.
In case of doubt whether a person is a civilian, that person shall be considered to be a
civilian.
Combatant:

a person or nation engaged in fighting during a war,

a combatant is a person who takes a direct part in the hostilities of an armed conflict,
Article 43: members of armed forces off a party to conflict (other than medical personnel
and chaplains covered by Article 33 of third convention) are combatants, that is to say,
they have the right to participate directly in hostilities.
In its judgment in the Blaki case in 2000, the International Criminal Tribunal for the

Former Yugoslavia defined civilians as persons who are not, or no longer, members of the
armed forces.

Civilian objects: (nature, location, use)

Civilian objects are all objects that are not military objectives,
The definition of civilian objects has to be read together with the definition of military
objectives: only those objects that qualify as military objectives may be attacked; other

objects are protected against attack,

Article 52 states that:
1. Civilian objects shall not be the object of attack or of reprisals. Civilian
objects are all objects which are not military objectives as defined in
paragraph 2.
2. Attacks shall be limited strictly to military objectives. In so far as objects
are concerned, military objectives are limited to 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.
3. In case of doubt whether an object which is normally dedicated to civilian
purposes, such as a place of worship, a house or other dwelling or a
school, is being used to make an effective contribution to military action,

it shall be presumed not to be so used.

Examples: State practice considers civilian areas, towns, cities, villages, residential areas,
dwellings, buildings and houses and schools,civilian means of transportation, hospitals,
medical establishments and medical units, historic monuments, places of worship and
cultural property, and the natural environment as prima facie civilian objects, provided,
in the final analysis, they have not become military objectives (see Rule 10). Alleged

attacks against such objects have generally been condemned.

Art 53. Protection of cultural objects and of places of worship

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international
instruments, it is prohibited:
a. to commit any acts of hostility directed against the historic monuments, works of art
or places of worship which constitute the cultural or spiritual heritage of peoples;
b. to use such objects in support of the military effort;
c. to make such objects the object of reprisals.

Legal framework
Geneva Convention 1st 1864
Hague Convention 1907 annexure
ICRC
Geneva Convention 4th 1949 civilian Convention
Common Article 3 hors de combat
Geneva Convention 4th civilian in occupied territories
Additional Protocol I : military objects
Declaration of 1st Petersburg 1868
Additional Protocol I (Article 51)
Example: indiscriminate attack 26/11.
The provision of humanitarian assistance takes place in a variety of settings under occupation,
in international and internal armed conflicts, and in the event of natural or man-made disasters.
Humanitarian needs are often extensive as are challenges in delivering assistance. During the
conflict in Darfur, for example, humanitarian personnel and vehicles were subject to military
attacks. After the 2004 Indian Ocean tsunami, regulatory barriers to disaster relief hindered the
effectiveness and efficiency of assistance. International legal frameworks for humanitarian action
not only provide guidance on how to address such situations, but can also serve as powerful tools
in advocating for, and achieving, the protection of affected civilian populations. For instance,
negotiations and arguments for access can be strengthened by reference to specific legal
obligations of the parties to the armed conflict to permit access.
The frameworks comprise different branches of international law, the most prominent being
international humanitarian law (IHL), which governs during armed conflict. The humanitarian
principles of humanity and impartiality have a basis in IHL. In addition to regulating the means
and methods of warfare, IHL outlines the rights and duties of parties to an armed conflict and the
potential role of humanitarian agencies regarding assistance. Occupying powers were the only
parties originally obligated to provide for humanitarian assistance. Over time, however, this
obligation has been extended to cover other international and internal armed conflicts, largely
through international customary law. International human rights law, international refugee law
and international criminal law can operate at the same time as IHL, combining to create a
comprehensive and established legal framework for protection and assistance.

The legal framework for assistance also remains unclear in other areas. One of these is the extent
to which international law is binding on non-state actors a particular challenge in noninternational armed conflicts when armed groups control areas in which civilian populations are
in need. In addition, although the responsibility to protect has been recognised as an emerging
norm, it has not developed into consistent state practice that could provide for legal
interventions without state consent in order to protect civilians. This is evident in the different
responses to the recent humanitarian crises in Libya and Syria, with action authorised in the
former but not the latter.
Even in areas where the law is well established, compliance and enforcement are challenging.
There are various methods and mechanisms to encourage compliance with IHL, such as military
sanctions and disciplinary measures, fact-finding missions and individual complaints through
human rights bodies. In recent years, international criminal law has emerged as an important
mechanism for enforcing IHL by holding individuals to account for violations.
Protection of protected persons
Part II. Of the Geneva Convention 4thunder section (13 to 26 and 27, 31) deals with the General
Protection of Populations against Certain Consequences of War. Some of the relevant/important
provisions:
Article 13 - The provisions of Part II cover the whole of the populations of the countries in
conflict, without any adverse distinction based, in particular, on race, nationality, religion or
political opinion, and are intended to alleviate the sufferings caused by war.
Art. 14. - In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the
Parties thereto, may establish in their own territory and, if the need arises, in occupied areas,
hospital and safety zones and localities so organized as to protect from the effects of war,
wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of
children under seven.
Art. 16. The wounded and sick, as well as the infirm, and expectant mothers, shall be the object
of particular protection and respect.
As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to
search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave
danger, and to protect them against pillage and ill-treatment.

Protected person:
a. enemy nation

Article 4 of Geneva Convention 4th

b. people in occupied territory

International humanitarian law protects a wide range of people and objects during armed
conflict. The Geneva Conventions and their Additional Protocols protect the sick, wounded and
shipwrecked not taking part in hostilities, prisoners of war and other detained persons, as well as
civilians and civilian objects. So, theProtected persons is a legal term under international
humanitarian law and refers to persons who are under specific protection of the Geneva
Conventions and their Additional Protocols during an armed conflict. They include medical
personnel and others carrying out humanitarian work, the sick or wounded, shipwrecked persons
not taking part in hostilities, prisoners of war and other detained persons, and civilians, who are
all regarded as non-combatants under international humanitarian law. Violating the protection of
"protected persons" is a war crime.
Article 27 of the Fourth Geneva Convention provides that protected persons are entitled, in all
circumstances, to respect for their persons, their honor, and their family rights.
Art. 31. No physical or moral coercion shall be exercised against protected persons, in particular
to obtain information from them or from third parties.

Internees: GC IV

Section IV. Regulations for the treatment of internees chapter I (article 79-82) deal regarding
general provisions:
Art. 79. The Parties to the conflict shall not intern protected persons, except in accordance with
the provisions of Articles 41, 42, 43, 68 and 78.
Art. 80. Internees shall retain their full civil capacity and shall exercise such attendant rights as
may be compatible with their status.

Art. 81. Parties to the conflict who intern protected persons shall be bound to provide free of
charge for their maintenance, and to grant them also the medical attention required by their state
of health.
No deduction from the allowances, salaries or credits due to the internees shall be made for the
repayment of these costs.Internees who are nationals of the same country shall not be separated
merely because they have different languages.

Children (article 50 GC IV)

The Occupying Power shall, with the cooperation of the national and local authorities, facilitate
the proper working of all institutions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate the identification of children and
the registration of their parentage. It may not, in any case, change their personal status, nor enlist
them in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power shall make
arrangements for the maintenance and education, if possible by persons of their own nationality,
language and religion, of children who are orphaned or separated from their parents as a result of
the war and who cannot be adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Article 136 [ Link ] shall be
responsible for taking all necessary steps to identify children whose identity is in doubt.
Particulars of their parents or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any preferential measures in regard to
food, medical care and protection against the effects of war, which may have been adopted prior
to the occupation in favour of children under fifteen years, expectant mothers, and mothers of
children under seven years.

Workers: (52 & 40 GCIV)

Art. 40. Protected persons may be compelled to work only to the same extent as nationals of the
Party to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be compelled to do work which is
normally necessary to ensure the feeding, sheltering, clothing, transport and health of human
beings and which is not directly related to the conduct of military operations.

Protected persons compelled to work shall have the benefit of the same working conditions and
of the same safeguards as national workers in particular as regards wages, hours of labour,
clothing and equipment, previous training and compensation for occupational accidents and
diseases.
Article 52- protection of workerNo contract, agreement or regulation shall impair the right of any worker, whether voluntary or
not and wherever he may be, to apply to the representatives of the Protecting Power in order to
request
the
said
Power's
intervention.
All measures aiming at creating unemployment or at restricting the opportunities offered to
workers in an occupied territory, in order to induce them to work for the Occupying Power, are
prohibited.

people in occupied territories (GC IV)

Art. 47. Protected persons who are in occupied territory shall not be deprived, in any case or in
any manner whatsoever, of the benefits of the present Convention by any change introduced, as
the result of the occupation of a territory, into the institutions or government of the said territory,
nor by any agreement concluded between the authorities of the occupied territories and the
Occupying Power, nor by any annexation by the latter of the whole or part of the occupied
territory.
Art. 48. Protected persons who are not nationals of the Power whose territory is occupied, may
avail themselves of the right to leave the territory subject to the provisions of Article 35, and
decisions thereon shall be taken according to the procedure which the Occupying Power shall
establish in accordance with the said Article.

food, medical supplies, hospitals, (GC IV)

Art. 55.To the fullest extent of the means available to it, the Occupying Power has the duty of
ensuring the food and medical supplies of the population; it should, in particular, bring in the
necessary foodstuffs, medical stores and other articles if the resources of the occupied territory
are inadequate.
The Occupying Power may not requisition foodstuffs, articles or medical supplies available in
the occupied territory, except for use by the occupation forces and administration personnel, and
then only if the requirements of the civilian population have been taken into account. Subject to
the provisions of other international Conventions, the Occupying Power shall make arrangements
to ensure that fair value is paid for any requisitioned goods.

The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical
supplies in occupied territories, except where temporary restrictions are made necessary by
imperative military requirements.
Hospitals- art- 14. In time of peace, the High Contracting Parties and, after the outbreak of
hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in
occupied areas, hospital and safety zones and localities so organized as to protect from the
effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and
mothers of children under seven.
Art- 18- Civilian hospitals organized to give care to the wounded and sick, the infirm and
maternity cases, may in no circumstances be the object of attack, but shall at all times be
respected and protected by the Parties to the conflict.
Civilian hospitals shall be marked by means of the emblem provided for in Article 38of the
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, but only if so authorized by the State.

Civil defenses: Hague convention(2nd) Article 13& article 4A(4), 5(2) of GC3.

Civil defense or civil protection is an effort to protect the citizens of a state (generally noncombatants) from military attack. It uses the principles of emergency operations: prevention,
mitigation, preparation, response, or emergency evacuation and recovery.
Articles (61-79) deal with the protection of civil defence organizations, relief actions and the
treatment of persons in the power of a party to a conflict.

Journalists:

Media professionals are increasingly at risk of being wounded, killed, detained or kidnapped
while reporting in armed-conflict situations. The laws of armed conflict stipulate that journalists
play a unique and essential role in wartime. In the last three years in Somalia, 25 journalists have
been killed, nine of them during 2009. ICRC remains deeply concerned by the high number of
acts of violence against journalists and other media professionals. It has become increasingly

clear in recent conflicts that media professionals are more and more at risk of being directly
targeted, in violation of international humanitarian law.
Journalists and other media professionals working in war zones face many dangers. Because of
the very nature of their work, they are inevitably exposed to the dangers inherent in military
operations. Instead of fleeing combat, they seek it out. Nevertheless, by far the greatest danger
they face is that of deliberate acts of violence against them.
At first sight, one could get the impression that international humanitarian law does not provide a
whole lot of protection for journalists, given that the Geneva Conventions and their Additional
Protocols contain only two explicit references to media personnel (Article 4 A (4) of the Third
Geneva Convention and Article 79 of Additional Protocol I).
Now question may arise that, Do attacks against journalists in armed-conflict situations amount
to war crimes? - Inasmuch as they are civilians, journalists are protected under international
humanitarian law against direct attacks unless and for such time as they take a direct part in
hostilities. Violations of this rule constitute a grave breach of the Geneva Conventions and
Additional Protocol I. What is more, intentionally directing an attack against a civilian whether
in an international or in a non-international armed conflict also amounts to a war crime under
the Rome Statute of the International Criminal Court.

war correspondents (journalist and war correspondent)

Journalists and other media professionals run a high risk of being subjected to arbitrary detention
for alleged security reasons. This is where the distinction between war correspondents (Article
4 A (4) of the Third Geneva Convention) and journalists (Article 79 of Additional Protocol I)
matters. Both are recognized as civilians, but only war correspondents are entitled to prisoner-ofwar status. War correspondents are formally authorized to accompany the armed forces. By
virtue of this close relationship, upon capture, they are accorded the same legal status as
members of the armed forces. War correspondents thus benefit from the protections of the Third
Geneva Convention as supplemented by Additional Protocol I and customary international law.

Embedded journalists (war correspondent and embedded journalist.)

An embedded journalist is a modern term. It was apparently first used during the 2003
invasion of Iraq and has since gained widespread currency. It does not occur in any provision of
international humanitarian law and, so far it is not clearly defined. However, it is safe to say that
war correspondents are commonly, although not necessarily in all cases, equated with so-called
embedded journalists. In order to become a war correspondent within the meaning of

international humanitarian law, official accreditation by the armed forces is mandatory. Thus, if
an embedded journalist has received the official accreditation then, legally, he is a war
correspondent.

responsibility to protect:

The Responsibility to Protect (R2P or RtoP) is a global political commitment endorsed by all
member states of the United Nations at the 2005 World Summit to prevent genocide, war
crimes, ethnic cleansing and crimes against humanity.
The term Responsibility to Protect was first presented in the report of the International
Commission on Intervention and State Sovereignty (ICISS) in December 2001. The Commission
had been formed in response to Kofi Annan's question of when the international community must
intervene for humanitarian purposes.
The principle of the Responsibility to Protect is based on the underlying premise that
sovereignty entails a responsibility to protect all populations from mass atrocity crimes and
human rights violations.
Duty to protect civilian:
1. The State carries the primary responsibility for the protection of populations from
genocide, war crimes, crimes against humanity and ethnic cleansing.
2. The international community has a responsibility to assist States in fulfilling this
responsibility.
3. The international community should use appropriate diplomatic, humanitarian and other
peaceful means to protect populations from these crimes. If a State fails to protect its
populations or is in fact the perpetrator of crimes, the international community must be
prepared to take stronger measures, including the collective use of force through the UN
Security Council.

PROTECTION OF PRISONER OF WAR (POW)

The third Geneva Convention provides a wide range of protection for prisoners of war. It defines
their rights and sets down detailed rules for their treatment and eventual release. International

humanitarian law (IHL) also protects other persons deprived of liberty as a result of armed
conflict. The rules protecting prisoners of war (POWs) are specific and were first detailed in the
1929 Geneva Convention. They were refined in the third 1949 Geneva Convention, following the
lessons of World War II, as well as in Additional Protocol I of 1977.
The status of POW only applies in international armed conflict. POWs are usually members of
the armed forces of one of the parties to a conflict who fall into the hands of the adverse party.
The third 1949 Geneva Convention also classifies other categories of persons who have the right
to POW status or may be treated as POWs.
POWs cannot be prosecuted for taking a direct part in hostilities. Their detention is not a form of
punishment, but only aims to prevent further participation in the conflict. They must be released
and repatriated without delay after the end of hostilities. The detaining power may prosecute
them for possible war crimes, but not for acts of violence that are lawful under IHL.
POWs must be treated humanely in all circumstances. They are protected against any act of
violence, as well as against intimidation, insults, and public curiosity. IHL also defines minimum
conditions of detention covering such issues as accommodation, food, clothing, hygiene and
medical care.
Relevant provisions
ARTICLE 4 A (GC 3): Prisoners of war, in the sense of the present Convention, are persons
belonging to one of the following categories, who have fallen into the power of the enemy:
1. Members of the armed forces of a Party to the conflict as well as members of militias or
volunteer corps forming part of such armed forces.
2. Members of other militias and members of other volunteer corps, including those of
organized resistance movements, belonging to a Party to the conflict and operating in or
outside their own territory, even if this territory is occupied, provided that such militias or
volunteer corps, including such organized resistance movements, fulfil the following
conditions:
a. that of being commanded by a person responsible for his subordinates;
b. that of having a fixed distinctive sign recognizable at a distance;
c. that of carrying arms openly;

d. that of conducting their operations in accordance with the laws and customs of war.
3. Members of regular armed forces who profess allegiance to a government or an authority
not recognized by the Detaining Power.
4. Persons who accompany the armed forces without actually being members thereof, such
as civilian members of military aircraft crews, war correspondents, supply contractors,
members of labour units or of services responsible for the welfare of the armed forces,
provided that they have received authorization from the armed forces which they
accompany, who shall provide them for that purpose with an identity card similar to the
annexed model.
5. Members of crews, including masters, pilots and apprentices, of the merchant marine and
the crews of civil aircraft of the Parties to the conflict, who do not benefit by more
favourable treatment under any other provisions of international law.
6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously
take up arms to resist the invading forces, without having had time to form themselves
into regular armed units, provided they carry arms openly and respect the laws and
customs of war.
Article 4B (GC 3): The following shall likewise be treated as prisoners of war under the
present Convention:
1. Persons belonging, or having belonged, to the armed forces of the occupied country,
if the occupying Power considers it necessary by reason of such allegiance to intern
them, even though it has originally liberated them while hostilities were going on
outside the territory it occupies, in particular where such persons have made an
unsuccessful attempt to re-join the armed forces to which they belong and which are
engaged in combat, or where they fail to comply with a summons made to them with
a view to internment.

2. The persons belonging to one of the categories enumerated in the present Article, who
have been received by neutral or non-belligerent Powers on their territory and whom
these Powers are required to intern under international law, without prejudice to any
more favourable treatment which these Powers may choose to give and with the
exception of Articles 8 , 10, 15 , 30, fifth paragraph , 58-67, 92, 126and, where
diplomatic relations exist between the Parties to the conflict and the neutral or nonbelligerent Power concerned, those Articles concerning the Protecting Power. Where
such diplomatic relations exist, the Parties to a conflict on whom these persons
depend shall be allowed to perform towards them the functions of a Protecting Power
as provided in the present Convention, without prejudice to the functions which these
Parties normally exercise in conformity with diplomatic and consular usage and
treaties.
3. This Article shall in no way affect the status of medical personnel and chaplains as
provided for in Article 33 -of the present Convention.
Article 33 of Geneva Convention 3 - Article 33. No persons may be punished for an offense he
or she has not personally committed. Collective penalties and likewise all measures
of intimidation or of terrorism are prohibited.
a. medical personnel
b. chaplain
Article 43 47 of additional protocol I deal with the prisoner of war. some of relevant
provisionsArticle 44: (POW), any combatant, as defined in Article 43 , who falls into the power of an
adverse Party shall be a prisoner of war.
Article 46 -- Spies
Notwithstanding any other provision of the Conventions or of this Protocol, any member of the
armed forces of a Party to the conflict who falls into the power of an adverse Party while

engaging in espionage shall not have the right to the status of prisoner of war and may be treated
as a spy.

Article 47Mercenaries
1. A mercenary shall not have the right to be a combatant or a prisoner of war
2. A mercenary is any person who:
a. is specially recruited locally or abroad in order to fight in an armed conflict;
b. does, in fact, take a direct part in the hostilities;
c. is not a member of the armed forces of a Party to the conflict.

Questioning of prisoners:

Evacuation: (19 & 20 GC III)

Articles 19 - evacuation of prisoners

Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in
an

area

far

enough

from

the

combat

zone

for

them

to

be

out

of

danger.

Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being
evacuated than by remaining where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a
fighting zone.
Article 20- condition o evacuation
The evacuation of prisoners of war shall always be effected humanely and in conditions similar
to those for the forces of the Detaining Power in their changes of station.The Detaining Power
shall supply prisoners of war who are being evacuated with sufficient food and potable water,

and with the necessary clothing and medical attention. The Detaining Power shall take all
suitable precautions to ensure their safety during evacuation, and shall establish as soon as
possible

list

of

the

prisoners

of

war

who

are

evacuated.

If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps
shall be as brief as possible.

Internment (GC 3, Art- 21 & 22&111)

Article 21-The Detaining Power may subject prisoners of war to internment. It may impose on
them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if
the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the
present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held
in close confinement except where necessary to safeguard their health and then only during the
continuation of the circumstances which make such confinement necessary.
Article 22- place and condition ofinternment.
Prisoners of war may be interned only in premises located on land and affording every guarantee
of hygiene and healthfulness. Except in particular cases which are justified by the interest of the
prisoners

themselves,

they

shall

not

be

interned

in

penitentiaries.

Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be
removed

as

soon

as

possible

to

more

favourable

climate.

The Detaining Power shall assemble prisoners of war in camps or camp compounds according to
their nationality, language and customs, provided that such prisoners shall not be separated from
prisoners of war belonging to the armed forces with which they were serving at the time of their
capture, except with their consent.

Quarters (GC 3, Art - 25)

Prisoners of war shall be quartered under conditions as favourable as those for the forces of
the Detaining Power who are billeted in the same area. The said conditions shall make

allowance for the habits and customs of the prisoners and shall in no case be prejudicial to
their health.
The foregoing provisions shall apply in particular to the dormitories of prisoners of war as
regards both total surface and minimum cubic space, and the general installations, bedding and
blankets.
The premises provided for the use of prisoners of war individually or collectively, shall be
entirely protected from dampness and adequately heated and lighted, in particular between dusk
and lights out. All precautions must be taken against the danger of fire. In any camps in which
women prisoners of war, as well as men, are accommodated, separate dormitories shall be
provided for them.

food & clothing

ARTICLE 26 (food)- The basic daily food rations shall be sufficient in quantity, quality and
variety to keep prisoners of war in good health and to prevent loss of weight or the development
of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such additional rations as are
necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be
permitted.
Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they
may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of
preparing,

themselves,

the

additional

food

in

their

possession.

Adequate premises shall be provided for messing.

Aricle 27 (clothing) -Clothing, underwear and footwear shall be supplied to prisoners of war in
sufficient quantities by the Detaining Power, which shall make allowance for the climate of the
region where the prisoners are detained. Uniforms of enemy armed forces captured by the
Detaining Power should, if suitable for the climate, be made available to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by the Detaining Power.

In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of
the work demands.
medical care (30 & 31 GC III)
The Occupying Power shall not hinder the application of any preferential measures in regard to
food, medical care and protection against the effects of war which may have been adopted prior
to the occupation in favour of children under fifteen years, expectant mothers, and mothers of
children under seven years.
Article 30- Every camp shall have an adequate infirmary where prisoners of war may have the
attention they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside
for cases of contagious or mental disease.Prisoners of war suffering from serious disease, or
whose condition necessitates special treatment, a surgical operation or hospital care, must be
admitted to any military or civilian medical unit where such treatment can be given, even if their
repatriation is contemplated in the near future. Special facilities shall be afforded for the care to
be given to the disabled, in particular to the blind, and for their rehabilitation, pending
repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which
they depend and, if possible, of their nationality.
Article 31- Medical inspections of prisoners of war shall be held at least once a month. They
shall include the checking and the recording of the weight of each prisoner of war. Their purpose
shall be, in particular, to supervise the general state of health, nutrition and cleanliness of
prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease.
For this purpose the most efficient methods available shall be employed, e.g. periodic mass
miniature radiography for the early detection of tuberculosis.

penal displinary sanction (Art.- 87, 88 &89GC 3), (important provisions)

Subject to the provisions of the present Chapter, the laws in force in the territory
in which they are detained will continue to apply to internees who commit
offences during internment.

If general laws, regulations or orders declare acts committed by internees to be punishable,

whereas the same acts are not punishable when committed by persons who are not internees,
such acts shall entail disciplinary punishments only.No internee may be punished more than once
for the same act, or on the same count.
Internees who have served disciplinary or judicial sentences shall not be treated differently from
other internees.
The duration of preventive detention undergone by an internee shall be deducted from any
disciplinary or judicial penalty involving confinement to which he may be sentenced.

In no case shall disciplinary penalties be inhuman, brutal or dangerous for the

health of internees. Account shall be taken of the internee's age, sex and state of
health.

The duration of any single punishment shall in no case exceed a maximum of

thirty consecutive days, even if the internee is answerable for several breaches of
discipline when his case is dealt with, whether such breaches are connected or
not.

Internees who are recaptured after having escaped or when attempting to escape,
shall be liable only to disciplinary punishment in respect of this act, even if it is a
repeated offence.

In cases of offences against discipline, confinement awaiting trial shall be

reduced to an absolute minimum for all internees, and shall not exceed fourteen
days. Its duration shall in any case be deducted from any sentence of
confinement.

judicial- proceedings (article 83 & 84 GC III)

Art. 83-In deciding whether proceedings in respect of an offence alleged to have been committed
by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the
competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary
rather than judicial measures.
Article 84 - A prisoner of war shall be tried only by a military court, unless the existing laws of
the Detaining Power expressly permit the civil courts to try a member of the armed forces of the
Detaining Power in respect of the particular offence alleged to have been committed by the
prisoner

of

war.

In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does
not offer the essential guarantees of independence and impartiality as generally recognized, and,
in particular, the procedure of which does not afford the accused the rights and means of defence
provided for in Article 105
Release &reparation of pow/victim: (Article 117- 119 GC III)
Aricle 117- No repatriated person may be employed on active military service.
Article 118-Prisoners of war shall be released and repatriated without delay after the cessation
of active hostilities.In the absence of stipulations to the above effect in any agreement concluded
between the Parties to the conflict with a view to the cessation of hostilities, or failing any such
agreement, each of the Detaining Powers shall itself establish and execute without delay a plan
of repatriation in conformity with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between
the Detaining Power and the Power on which the prisoners depend. This apportionment shall be
carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear
the costs of repatriation from the frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of
prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to

the territory of the Power on which the prisoners of war depend. The Parties concerned shall
agree between themselves as to the equitable apportionment of the remaining costs of the
repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the
repatriation of the prisoners of war.
Article 119-Repatriation shall be effected in conditions similar to those laid down in Articles
46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to
the

provisions

of

Article

118 and

to

those

of

the

following

paragraphs.

On repatriation, any articles of value impounded from prisoners of war under Article 18 , and any
foreign currency which has not been converted into the currency of the Detaining Power, shall be
restored to them. Articles of value and foreign currency which, for any reason whatever, are not
restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up
under Article 122

ICRC and PoW.

In October 1914, after the opening battles of the war in which many prisoners were taken, the
ICRC opened its International Agency in Geneva; during the conflict it listed almost two and a
half million POWs, visited many of them and enabled families to send relief parcels.
The first major offensives of 1914 were marked by the battles in northern and eastern France and
by fierce fighting in Russia. A large number of prisoners were taken and all sides suffered heavy
losses.
The ICRC took vigorous measures to deal with this dramatic situation. On 15 August 1914 it sent
a circular to the National Societies asking them to give the composition of their special prisonerof-war commissions and proposing the establishment of a central office to assist prisoners of
war, in accordance with the mandate conferred upon it by the International Red Cross
Conference in Washington in 1912.
ICC AND ROME STATUTE

On 17 July 1998, a conference of 160 States established the first treaty-based permanent
international criminal court. The treaty adopted during that conference is known as the Rome
Statute of the International Criminal Court. Among other things, it sets out the crimes falling
within the jurisdiction of the ICC, the rules of procedure and the mechanisms for States to
cooperate with the ICC.
The International Criminal Court (ICC) is an independent, permanent court that tries persons
accused of the most serious crimes of international concern, namely genocide, crimes against
humanity and war crimes.
The Rome Statute established four core international crimes: genocide, crimes against
humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to
any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute
the four core international crimes in situations where states are "unable" or "unwilling" to do so
themselves. The court has jurisdiction over crimes only if they are committed in the territory of a
state party or if they are committed by a national of a state party; an exception to this rule is that
the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United
Nations Security Council.
Note:

Crimes recognized under ICC:-Genocide,

-crime against humanity, war crimes, crime of aggression, crime against administration of
justice.

Structure of ICC

The Court is an independent institution.

The Court is not part of the United Nations, but it maintains a cooperative relationship
with the U.N.

The Court is based in The Hague, the Netherlands, although it may also sit elsewhere.

The ICC tries cases against people accused of genocide, crimes against humanity, war
crimes, or crimes of aggression.

The ICC consists of the Presidency, the Judicial Divisions, the Office of the Prosecutor,
and the Registry.
Presidency- The Presidency is responsible for the overall administration of the Court,
with the exception of the Office of the Prosecutor, and for specific functions assigned to
the Presidency in accordance with the Statute. The Presidency is composed of three
judges of the Court, elected to the Presidency by their fellow judges, for a term of three
years.
Judicial divisions- The Judicial Divisions consist of eighteen judges organized into the
Pre-Trial Division, the Trial Division and the Appeals Division. The judges of each
Division sit in Chambers which are responsible for conducting the proceedings of the
Court at different stages. Assignment of judges to Divisions is made on the basis of the
nature of the functions each Division performs and the qualifications and experience of
the judge.
Office of prosecutor- The Office of the Prosecutor is responsible for receiving referrals
and any substantiated information on crimes within the jurisdiction of the Court, for
examining them and for conducting investigations and prosecutions before the Court.
Registry-The Registry is responsible for the non-judicial aspects of the administration
and servicing of the Court. The Registry is headed by the Registrar who is the principal
administrative officer of the Court. The Registrar exercises his or her functions under the
authority of the President of the Court.
Other Offices - The Court also includes a number of semi-autonomous offices such as
the Office of Public Counsel for Victims and the Office of Public Counsel for Defence.
These Offices fall under the Registry for administrative purposes but otherwise function
as wholly independent offices. The Assembly of States Parties has also established
trust for the benefit of victims of crimes within the jurisdiction of the Court and the
families of these victims.

crime under Rome statute: (article 5-9 of Rome statute off ICC)

The Rome Statute established four core international crimes: genocide, crimes against
humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to
any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute
the four core international crimes in situations where states are "unable" or "unwilling" to do so
themselves. (Article 5)
Article 6: (Genocide)- For the purpose of this Statute, "genocide" means any of the following
acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group, as such:
(a) Killing members of the group; (b) Causing serious bodily or mental harm to members of
the group; (c) Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part; (d) Imposing measures intended to
prevent births within the group; (e) Forcibly transferring children of the group to another
group.
Article 7 (crime against humanity)-For the purpose of this Statute, "crime against humanity"
means any of the following acts when committed as part of a widespread or systematic attack
directed against any civilian population, with knowledge of the attack:
(a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of
population; (e) Imprisonment or other severe deprivation of physical liberty in violation
of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced sterilization, or any other form of sexual
violence of comparable gravity; (h) Persecution against any identifiable group or
collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in
paragraph 3, or other grounds that are universally recognized as impermissible under
international law, in connection with any act referred to in this paragraph or any crime
within the jurisdiction of the Court; (i) Enforced disappearance of persons;(j) The crime
of apartheid; (k) the inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or to mental or physical health.

Article 8 (war crime) - The Court shall have jurisdiction in respect of war crimes in particular
when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following
acts against persons or property protected under the provisions of the relevant Geneva
Convention:
(i) Wilful killing; (ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive
destruction and appropriation of property, not justified by military necessity and carried out
unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in
the forces of a hostile Power; (vi) Wilfully depriving a prisoner of war or other protected person
of the rights of fair and regular trial; (vii) Unlawful deportation or transfer or unlawful
confinement; (viii) Taking of hostages.
(b)

Other serious violations of the laws and customs applicable in international armed conflict,

within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual
civilians not taking direct part in hostilities; (ii) Intentionally directing attacks against civilian
objects, that is, objects which are not military objectives; (iii) Pillaging a town or place, even
when taken by assault; (iv) Employing poison or poisoned weapon.

Principle of complementarity

The complementarity principle on which the International Criminal Court (ICC) is based entails
that the ICC can only investigate and prosecute core international crimes when national
jurisdictions are unable or unwilling to do so genuinely.

In its pure form, universal jurisdiction enables prosecution of core international crimes
committed in a foreign state, by a foreign citizen, against foreign victims, when neither has a
personal link to the forum state.
Article 1: The Court - An International Criminal Court ("the Court") is hereby established. It
shall be a permanent institution and shall have the power to exercise its jurisdiction over persons
for the most serious crimes of international concern, as referred to in this Statute, and shall be
complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court
shall be governed by the provisions of this Statute.

command responsibility:

Article 28- Responsibility of commanders and other superiors: In addition to other grounds
of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:
(a)

A military commander or person effectively acting as a military commander shall be

criminally responsible for crimes within the jurisdiction of the Court committed by
forces under his or her effective command and control, or effective authority and
control as the case may be, as a result of his or her failure to exercise control properly
over such forces, where:
i.

That military commander or person either knew or, owing to the circumstances
at the time, should have known that the forces were committing or about to
commit such crimes; and

ii.

That military commander or person failed to take all necessary and reasonable
measures within his or her power to prevent or repress their commission or to
submit the matter to the competent authorities for investigation and
prosecution.

(b) With respect to superior and subordinate relationships not described in paragraph (a), a
superior shall be criminally responsible for crimes within the jurisdiction of the Court committed
by subordinates under his or her effective authority and control, as a result of his or her failure to
exercise

control

properly

over

such

subordinates,

where:

i. The superior either knew, or consciously disregarded information which clearly

indicated, that the subordinates were committing or about to commit such crimes;
ii. The crimes concerned activities that were within the effective responsibility and control
of the superior; and
iii. The superior failed to take all necessary and reasonable measures within his or her
power to prevent or repress their commission or to submit the matter to the competent authorities
for investigation and prosecution.

penalty

reparation of victims

Pursuant to article 75, the Court may lay down the principles for reparation for victims, which
may include restitution, indemnification and rehabilitation. On this point, the Rome Statute of the
International Criminal Court has benefited from all the work carried out with regard to victims,
in particular within the United Nations.
The Court may also enter an order against a convicted person stating the appropriate reparation
for the victims or their beneficiaries. This reparation may also take the form of restitution,
indemnification or rehabilitation. The Court may order reparations to be paid through the Trust
Fund for Victims, which was set up by the Assembly of States Parties in September 2002.

appeal and revision (Article 81-84 of Rome statute)

The Rome Statute, the Rules of Procedure and Evidence and the Regulations of the Court and of
the Registry contain important provisions for the protection and support of victims and
witnesses. These provisions are key for the successful functioning of the Court, aiming to ensure
that victims can participate in proceedings and witnesses testify freely and truthfully without fear
of retribution or suffering of further harm.
Article 81- Appeal against decision of acquittal or convictionor against sentence:

1. A decision under article 74 may be appealed in accordance with the Rules of Procedure
and Evidence as follows: (a) The Prosecutor may make an appeal on any of the following
grounds: (i) Procedural error, (ii) Error of fact, or (iii) Error of law;
Article 84: Revision of conviction or sentence
1. The convicted person or, after death, spouses, children, parents or one person alive at the time
of the accused's death who has been given express written instructions from the accused to bring
such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to
revise the final judgement of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
i.

Was not available at the time of trial, and such unavailability was not wholly or partially
attributable to the party making application; and

ii.

Is sufficiently important that had it been proved at trial it would have been likely to have
resulted in a different verdict;

(b) It has been newly discovered that decisive evidence, taken into account at trial and upon
which the conviction depends, was false, forged or falsified;
(c) One or more of the judges who participated in conviction or confirmation of the charges has
committed, in that case, an act of serious misconduct or serious breach of duty of sufficient
gravity to justify the removal of that judge or those judges from office under article 46.

reference of case to ICC by Uganda

Referred by - i. state parties(Uganda case); ii. UNSC; iii. Proprio mota (Kenya case)
The Lord's Resistance Army (LRA) is a Christian-based rebel group that has been active
in Uganda and neighbouring countries since 1987.The LRA is led by Joseph Kony, a former faith
healer who founded the group on the theology of Alice Auma's failed Holy Spirit
Movement. Kony claims to communicate with and receive instructions from spirits and God.

[6]

He also claims that his insurgency is for the betterment of the Acholi people, although he has

been quoted as saying, "if the Acholi don't support us, they must be finished"

Democratic republic of Congo

The Democratic Republic of the Congo is a nation of seventy-three million people in central
African which straddles equator and borders nine other African nations.
Ethnic strife and civil war, touched off by a massive inflow of refugees in 1994 from fighting in
Rwanda and Burundi, led in May 1997 to the toppling of the Mobuto regime by a rebellion
backed by Rwanda and Uganda and fronted by Laurent Kabila. He renamed the country the
Democratic Republic of the Congo (DRC), but in August 1998 his regime was itself challenged
by a second insurrection again backed by Rwanda and Uganda.
Patriotic forces for liberation of Congo- The Union of Congolese Patriots (French: Union des
Patriotes Congolais, UPC) is a political and militia group in Ituri, northeastern Democratic
Republic of the Congo, formed towards the end of the Second Congo War. It was founded
by Thomas Lubanga in 2001and was one of six such groups that sprung up in the mineral-rich
Ituri region on the border with Uganda in the Ituri conflict.The UPC supported and was primarily
composed of theHema ethnic group.

Central African Republic Darfur

A history of military coups and rebellion in the Central African Republic (CAR) has caused a
sustained economic crisis in the country and impacted negatively on the national institutions'
capacity to provide services and protection to the population.
Darfur case(sudan): The Darfur conflict was a guerrilla conflict that took place in
the Darfur region of Sudan from 2003 until 20092010. The conflict began when the Sudan
Liberation Army and the Justice and Equality Movement began attacking the Sudanese
government in response to perceived oppression of black Sudanese by the majority Arab
government. During the conflict government forces and Janjaweed militia have attacked black
Sudanese in the Darfur region. These actions have been described as genocide by a number of

governments and human rights groups. Omar al-Bashir, Sudan's president has denied that his
government has links to Janjaweed.
Note: important articles 43, 44, 4A 4B 50 51 52 33 13 14 16 and etc. other than that no need to remember article
no but must have the gist of the concerned articles.