ULUSLARARASI KAMU HUKUKU II

Ceasefire (armistice) is the pausing or ending of combat operations by mutual agreement between belligerent parties (Parry and Barker, 2009: 44). On the other hand, a peace agreement will settle the political and / or legal dispute itself, between belligerent parties.

International Humanitarian Law is a body of rules that seeks to ensure the protection and humane treatment of persons who are not taking a direct part in actual hostilities. In short, rules of IHL are the minimum standards of humanity to be respected in times of armed conflict. IHL, a strategic concept, is different from the rules of engagement. Rules of engagement are tactical level internal military directives that define the conditions under which armed forces of a country will engage and employ armed force in the course of combat activity. Legitimacy aspect of resorting to the use of force will not affect application of the IHL. IHL is not a dispute settlement procedure. Yet, correct application by all parties will probably enhance chances for reconciliation in establishing a lasting peace.

Geneva Law includes the four Geneva Conventions of 1949 and their three Additional Protocols. Namely, the Geneva Convention (I) on Wounded and Sick on Land; the Geneva Convention (II) on Wounded, Sick and Shipwrecked at Sea; the Geneva Convention (III) on Prisoners of War, the Geneva Convention (IV) on Protection of Civilians, including administration of an occupied territory, the 1977 Additional Protocol (I) on international armed conflicts, the 1977 Additional Protocol (II) on non-international armed conflicts, and the 2005 Additional Protocol (III) on additional distinctive emblem.

The codification attempts in Europe began with the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field of 1864 (revised in 1906), with the initiations of a Genoese businessman, Henry Dunant (Melzer, 2016: 35). This was the starting point of a body of a humanitarian law governing the treatment and protection of those hors de combat, civilians and other non-combatants. 1864 Geneva Convention adopted the emblem of the Red Cross as a neutral protective sign for hospitals and those assisting the wounded and sick on the battlefield.

Neutrality refers to the status of a State that is outside of an international armed conflict. This includes not helping the combatants of the belligerent States. Use of force by a neutral State to prevent or stop the violations of its territory by belligerents does not affect its neutral status (Çaycı, 1995: 48).

The purpose and legitimacy of a use of force are irrelevant in terms of IHL. The fact that there is an armed conflict is sufficient for IHL to be applied.

Generally, all rules of IHL are shaped around the “equilibrium point between two fundamental principles, each of which pulls in a different direction”: military necessity and humanity. In this vein, military necessity refers that all combat activity must be justified on military grounds and those are not militarily necessary are to be prohibited. Humanity, on the other hand, limits the means and methods of warfare and requires that those who have fallen into enemy hands be treated humanely at all times.

There is no treaty prohibiting the use of nuclear weapons. In its well-known advisory opinion, the ICJ stated that there is no customary rule prohibiting the use of nuclear weapons (ICJ, 1996: 247). The Court noted that IHL applies to the use of nuclear weapons, however, the Court did not “conclude definitely whether the threat of use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defense” (ICJ, 1996: 226). Interpreting the general principles of IHL and the Court’s positive opinion on the applicability of the rules of IHL to the use of nuclear weapons together, it is not that easy to conclude that, in principle, it is prohibited to use nuclear weapons. Probably, the concept of proportionality will be a decisive criterion in this respect.

According to the Fourth Geneva Convention, civilians must not be coerced to give information (Art. 31). Arresting, prosecuting or convicting civilians for the offenses committed before the occupation, except for breaches of IHL, is prohibited (Art. 70). However, the Occupying Power may intern civilians in occupied territory for imperative security reasons (Art. 78). Public officials or judges in the occupied territory may keep their status and may not be coerced to continue to fulfil their functions. However, the occupying power may remove public officials from their posts. The transfer of civilian populations of occupying power into the occupied territory is prohibited. (Art. 49).

Each Geneva Convention has an article enumerating the applicable grave breaches. Common among these is the inclusion of murder, torture, causing great suffering or injury, and medical experiments. Compelling a protected person to serve in his enemy’s armed forces, excessive destruction of property, and deprivation of a fair trial are also included as they apply to a particular type of victim.

IHL aims at prohibiting:

• Summary executions of civilians and military personnel,

• Ethnic cleansing and forcible displacement,

• Mistreatment of detained prisoners of war,

• Indiscriminate use of force against civilians and civilian objects,

• Attacks on medical, religious and humanitarian relief services and personnel, 

• Looting and other destruction of civilian property with no military purpose,

• Terrorizing and starving the civilian population,

• Use of human shields against a pending attack,

• The use of particular prohibited methods of warfare (Slomanson, 2007: 497).

The correct answer is E.

The codification attempts in Europe began with the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field of 1864 (revised in 1906), with the initiations of a Genoese businessman, Henry Dunant (Melzer, 2016: 35). This was the starting point of a body of a humanitarian law governing the treatment and protection of those hors de combat, civilians and other non-combatants. 1864 Geneva Convention adopted the emblem of the Red Cross as a neutral protective sign for hospitals and those assisting the wounded and sick on the battlefield. The correct answer is D.

The International Humanitarian Fact-Finding Commission (IHFFC) was subsequently established in 1991. The correct answer is C.

There are other categories of customary law designated war crimes such as making use of poisoned or otherwise forbidden arms or ammunition; treacherous request for quarter; maltreatment of dead bodies; firing on localities which are undefended and without military significance; abuse of or firing on the flag of truce; misuse of the Red Cross emblem; use of civilian clothing by troops to conceal their military character during battle; improper use of privileged buildings for military purposes; poisoning of wells and streams; pillage or purposeless destruction; compelling prisoners of war or civilians to perform prohibited labor; killing without trial spies or other persons who have committed hostile acts; violation of surrender terms. The correct answer is B.

In the Americas, a domestic legal attempt was the so-called Lieber Code, adopted by the government of the United States in 1863 following the atrocities of the American Civil War. The Lieber Code was prepared by Dr. Francis Lieber as the Instructions for the Government of Armies of the United States in the Field. The correct answer is A.

1864 Geneva Convention adopted the emblem of the Red Cross as a neutral protective sign for hospitals and those assisting the wounded and sick on the battlefield. The correct answer is E.

Neutrality refers to the status of a State that is outside of an international armed conflict. This includes not helping the combatants of the belligerent States. The correct answer is C.

Notwithstanding the legitimacy aspect of resorting to the use of armed force, occupation is the full and effective control of a foreign national territory by enemy armed forces.

Armed conflicts are international or noninternational strategic situations, in which, at least one side of a conflict uses armed force to achieve its political goals. The correct answer is B.

Such other principle is distinction, which refers to an obligation to make a distinction between combatants and non-combatants, military objectives (targets) and civilian objects during an armed conflict. The correct answer is A.