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Justice and Fairness > Module 3

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Wars have limitsProportionality, distinctionand humane treatment

Justice and Fairness | Exploring justice and fairness as part of international humanitarian law

These education resources have been produced by the British Red Cross, in partnership with Allen & Overy

Justice and Fairness > Module 3 > Lesson plan and teacher briefing

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Summary of module

Within the context of war, there are manydecisions to be made and problems to besolved. Many of these decisions and problemsinvolve an international humanitarian law (IHL)element, and people within the military whomake the decisions are required to considerthe principles of IHL at all times.

In this module, students will use and build onthe main principles of IHL that were covered inModules 1 and 2, and apply them in the contextof an imaginary military scenario. Within thisscenario, various challenges will be presented tothe students in the form of decisions to be takenby a military commander who is in control ofsoldiers involved in an international armed conflict.

The students will act as military advisers to thecommander, exploring the issues raised andcontemplating the consequences of any actiontaken. Students will also consider issues thatarise when soldiers are detained as prisonersof war and the role that the InternationalCommittee of the Red Cross plays in ensuringIHL is upheld during times of conflict.

Although, at first glance, IHL may seemincompatible with military goals, on furtherinvestigation, the students should discoverthat the rules do take into account pragmaticmilitary considerations. IHL works to helpalleviate the suffering caused by conflict andto steer military decisions so that, for eachaction, the expected damage caused isweighed against the military goal.

This imaginary military scenario consists offour exercises, which can be conducted overtwo lessons. Through extension activities,students will have the opportunity to furtherdevelop their charter on the principles ofwarfare which they started in Module 1,consider how the use of landmines impactson civilians, and recognise how action can betaken when the principles of IHL are violated.




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Learning outcomes

By stepping into the shoes of those involved inarmed conflict, students will face challengingdecisions with consequences which mayaffect civilians and vulnerable groups, such aschildren and prisoners of war.

Through placing themselves in thepositions of those involved in armedconflict, the students will:

understand the fundamental principlesof distinction, proportionality and humanetreatment in international humanitarian law (IHL)

apply these principles to a conflict scenario,and give practical examples of the ways inwhich IHL helps limit the effects of conflicton non-combatants and non-military targets

understand the role IHL has in influencingdecisions and tactics used in armed conflicts

understand how having a concrete setof rules helps ensure that humanitarianconcerns are carefully considered by theparties to a conflict

consider the long-term implications ofbreaches of IHL

recognise that in the complexity of conflictsituations, there may sometimes be nostraightforward answers, even when actionstaken have been based on IHL

understand that there will be consequencesof actions for decision-makers, for thosetaking action and for bystanders.

The class exercises are designed tohelp students:

take on the role of decision-maker andconsider different perspectives

debate and discuss humanitarian issueswithin conflict situations

develop teamwork skills and understandthat it is often necessary to come toconsensus in decision-makingdevelop analytical and critical thinking skills.




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Background informationand legal principles/rules

The decisions and analyses we ask studentsto make in this lesson reflect those madeby military commanders during conflicts.International humanitarian law (IHL) states thatin any armed conflict, the right of the parties tothe conflict to choose the methods of warfareis not unlimited. IHL aims to limit the sufferingcaused by warfare and to alleviate its effectsby balancing states’ military requirementsagainst humanitarian concerns. It does this bylaying down rules and principles to govern theconduct of parties to a conflict.

This module covers three keyprinciples of IHL: Distinction Proportionality Humane treatment

Distinction

The principle of distinction requires partiesto a conflict to distinguish between civiliansand combatants, and between civilian objectsand military objects. Article 48 of AdditionalProtocol 1 to the Geneva Conventions (relatingto the protection of victims of internationalarmed conflicts) states that:

“In order to ensure respect for andprotection of the civilian population andcivilian objects, the parties to the conflictshall at all times distinguish betweenthe civilian population and combatants,and between civilian objects and militaryobjectives, and accordingly shall direct theiroperations only against military objectives.”

Military decision-makers must ensure that thecivilian population is spared to the greatestextent possible and should never be targetedfor attack. However, it may not be possible toavoid civilian casualties entirely and the principleof proportionality acts as a guide in this context.

Proportionality

Proportionality puts limits on parties to aconflict in choosing the means and methodsof warfare.

Article 51 of Additional Protocol 1 prohibits“indiscriminate attacks” such as those whichare “of a nature to strike military objectives andcivilians or civilian objects without distinction”.Specifically, it states the following type ofattack as being indiscriminate:

“An attack which may be expected tocause incidental loss of civilian life, injuryto civilians, damage to civilian objects, ora combination thereof, which would beexcessive in relation to the concrete anddirect military advantage anticipated.”

People making military decisions about the useof force are required to weigh up the militaryadvantage of taking a particular course of actionagainst the potential harm that may be causedto civilians and their property. If the risk to civiliansand property being harmed is greater than themilitary advantage expected, an attack must notbe made even if the target is a legitimate militarytarget. Similarly, if that risk can’t be determinedor the scale of such collateral damage cannot beaccurately assessed, again, an attack must notbe launched.




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Background informationand legal principles/rules

The use of weapons which have an indiscriminateeffect or which are disproportionately harmful totheir victim (i.e. beyond the level of harm requiredto stop them fighting) is also banned by IHL. Thisis stated in Article 35 of Additional Protocol 1:

“It is prohibited to employ weapons,projectiles and material and methods ofwarfare of a nature to cause superfluousinjury or unnecessary suffering.”

Article 35 also prohibits the use of methods ofwarfare that are intended, or may be expected,to cause widespread, long-term, severedamage to the natural environment. Certainuse of landmines could fall under both theseelements of Article 35 and therefore their useis restricted under IHL.

Although there are some outright bans ontaking certain courses of action such asusing certain weapons, in many cases,proportionality has to be determined accordingto the specific circumstances of that action.

Humane treatmentThe Geneva Conventions lay down principleson how a party to an international conflictshould behave in cases where they havecaptured enemy combatants. Once captured,combatants have a right to Prisoner of War(PoWs) status. PoWs are protected by IHL.

The Third Geneva Convention of 1949 states thegeneral principle that PoWs must be humanelytreated at all times, as well as requiring certainstandards of treatment of POWs in relation totheir living conditions, health, food, clothing,possessions and discipline.

In many respects, the aim is that PoWs shouldbe entitled to no less favourable treatmentthan the treatment received by the forces whohave taken them prisoner.

The principles aim to ensure that thosecaptured are not subjected to torture orill treatment of any kind. Any perceivedjustifications, such as obtaining informationfrom that person, should be disregarded evenif obtaining information could potentially berelevant to the military objective.

* From The Social Contract by Jean Jacques Rosseau, 1762



Justice and Fairness > Module 3 > Introductory exercise

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Introductory exercise

PROPORTIONALITY AND DISTINCTION AT HOME

This introductory exercise will help get students thinking about theprinciples of proportionality and distinction in the context of their own lives.Once they are more familiar with these terms, and how they might apply ineveryday life, they can start to apply them in scenarios of armed conflict.

TIMINGS: 5 minutes

Objectives: To introduce the concepts of proportionality and distinction To decide if these terms are applicable in everyday situations To understand how the terms are used appropriately in different contexts

Hold a short discussion with the students to help them think about howwe apply meaning to the concepts of distinction and proportionality.

What makes someone or something distinct? How do you distinguish between different things? Do you apply criteria? When do you use the word ‘proportion’? Usually, ‘proportion’ is used in order to draw comparisons e.g. ‘we hope

a large proportion of the population will vote in the general election’.

Ask the class to work in pairs initially. Give each pair two cards, each onedescribing a different scenario. (Resource iA). Give the students a fewminutes to discuss the questions, and ask them to decide if the key issuein the scenario best relates to ‘distinction’ or ‘proportionality’. Remind thestudents the cards have been handed out randomly: they may have two‘distinction’ scenarios, two ‘proportionality’ scenarios, or one of each.)Then ask the students to get into groups of six and share the scenariosbefore finally sorting the cards into two categories: examples of the principleof distinction and examples of the principle of proportionality. Finally, ask thegroups to feed back their answers to the rest of the class (Resource iB canbe used to draw out the relevant principles). The Key principles cards (seepages 25-26) can be used to support this discussion, as well as being used in the next exercise.

For group useKey principlesiA. Distinction and

proportionalityat home

iB. Distinction and proportionalityat home – points to note

Words marked in bold are resources available to the teacher in this lesson pack.



Justice and Fairness > Module 3 > Exercise 1

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Exercise 1

CONDUCT OF HOSTILITIES

Exercises 1 Parts A and B will look at how the principles of distinctionand proportionality in international humanitarian law (IHL) influencedecisions that are made about conduct in a time of conflict.

TIMINGS: Part A – Military plan of action - 45 minutesTIMINGS: Part B – Village school hideout - 30 minutes

Objectives: To understand that the principles of distinction and proportionality

must be adhered to in an armed conflict To be able to apply the principles of distinction and proportionality in

the context of an imaginary military scenario

IHL rules covered in exercises 1 and 2

Parties to a conflict must distinguish between civilian population andcombatants in order to spare the civilian population and property.

Attacking civilians is prohibited. Attacking civilian objects, such as houses, schools, hospitals, places

of worship, and cultural or historical monuments, is prohibited. It is prohibited to launch an attack that would cause incidental loss of

civilian life, injuries and damage to property that would be excessive in relation to the direct military advantage anticipated.

It is forbidden to use weapons or methods of warfare that cause unnecessary losses or excessive suffering.

Pretending to be a civilian in order to kill, capture or injure an adversary is prohibited. This is known as perfidy.

IHL forbids the attack of installations containing dangerous forces such as nuclear power stations or hydroelectric dams due to the possible consequences of severe losses among the civilian population.

For group use1A. Military scenario1B. Yellow Territories map1C. Role cards1D. Military plan of action:

prompt questions1E. Blueland military

strategic plan1F. Factsheet1H. Village school hideout

prompt questions1I. Village school hideout:

follow-up factsheet

For use by the teacher1G. Follow-up factsheet1J. Village school

hideout: followup factsheet





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Exercise 1

Set the sceneThis lesson will see the students take on the roles of military advisers to theircommander on the front line. The following scenario should be described tothe students at the beginning of the class. The map in Resource 1B shouldhelp set the scene. You may also wish to use counters or dry-wipe markersto indicate the positioning of troops at various stages during the exercises.

Yellow Territories conflictThe conflict centres on a border dispute between Redland andBlueland that has been ongoing for many years. Both Redland andBlueland believe they have the rightful claim to the Yellow Territories,the disputed section of land. However, for the past 30 years, Redlandhas had the stronger presence. Two years ago, Blueland elected a newgovernment that vowed to claim back the Yellow Territories if they gotinto power. The two years since this government’s election have beensome of the most hostile in the two countries’ history. Thousands ofBlueland troops are now stationed in the Yellow Territories but Redlandforces are putting up a strong fight. The hostilities are ongoing.

AimsIn this exercise, students will take on roles within the Blueland armyand will be asked to advise the commander (teacher) on differentactions to take. Blueland’s long-term military goal is to claim back theYellow Territories. Through the lesson, the students will see that theircommander also has several short-term military aims which mustbe fulfilled by the troops e.g. to take control of a village and captureenemy soldiers. The principles of IHL play a key role here in ensuringa proportionate approach to these aims and the humane treatment ofany prisoners that are captured.





follow-up factsheet







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Exercise 1

The commander (teacher’s role)The commander’s role is to listen to, but also critically question his orher advisers. A commander cannot be expected to know everythingthat is going on in the field and must rely on his or her sub-commanderand advisers for more complex IHL dilemmas. In cases where thecommander deviates from the advice that has been given, he or shemust explain the principles that have helped make what he or shebelieves is the correct decision.

Military advisers (students’ roles)As advisers to the commander, it is the students’ responsibility tomake difficult military decisions based on the military objectives andthe principles of IHL and present them to the commander. The militaryobjective is important to the Blueland army, however, all decisions mustbe made in a way that is in line with the principles of IHL, so difficultdecisions will need to be made. An adviser should be able to explainto their commander exactly why they are advising him/her to take acertain course of action and the principles which have guided themto give this advice.





follow-up factsheet






The Yellow Territories mapThe Yellow Territories map (Resource 1B) sets out the currentpositioning of the Redland and Blueland troops. The military basesof the two sides can also be seen, as well as the many civilianobjects that surround these bases.




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Exercise 1


PART A: MILITARY PLAN OF ACTION

TIMINGS: 45 minutes

As part of the ongoing border dispute between Redland and Bluelandover the Yellow Territories, Blueland troops are preparing to launchattacks on advancing Redland troops in order to gain control overAmarillo, the home of Redland’s main base in the Yellow Territories.However, various civilian obstacles lie in their path. In this scenario,the students, as members of the Blueland army, are required totake on various military roles and advise the teacher (as their militarycommander) on the best way to conduct attacks on Redland troops.As commander of the Blueland army, it is the teacher’s responsibility tomake the ultimate decisions on how the hostilities are conducted.

This exercise consists of three parts: Introduction to the military scenario Deciding on the military plan of action Debrief





follow-up factsheet







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Exercise 1

INTRODUCTION TO THE MILITARY SCENARIO (15 minutes)

For this exercise, students can work in groups of five, with each persontaking on a different role. Alternatively, the exercise can be conducted asa whole class, with small groups taking on different adviser roles.Present students with copies of: the military scenario (Resource 1A) the Yellow Territories map (Resource 1B).

Ensure that all students understand the military scenario, throughreading the handout, studying the map and discussing it in class. Set thescene by talking through how the students will be acting as advisers tothe teacher, their military commander.

Assign roles to the students or to groups using the (Role cards)(Resource 1C). Depending on the size of the class, these roles can beassigned to students individually or in pairs. There are several roles thatthe students can take and, where there is a large group, it is possiblefor all the roles to be taken. However, the following roles should alwaysbe represented:

Blueland legal adviser Blueland communications adviser Blueland local community adviser

Explain to the students that there will soon be a meeting of themilitary council to draw up a military strategic plan in light of currentdevelopments in the conflict. Tell the students that, as advisers, theyneed to plan well for this meeting. Ask them to make notes about whatadvice they might give in relation to:

any actions that might have an impact on civilians living in the area of attack

any actions that might have an impact on key public and infrastructural places of importance within the area of attack.

Have the Key principles cards (see pages 25-26) available in casestudents want to refer to them.





follow-up factsheet







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Exercise 1

MILITARY PLAN OF ACTION (20 minutes)

The students are now going to come together as a military council inorder to decide on a plan of action against the advancing Redland troops.

Give the students the Military plan of action: prompt questions(Resource 1D) sheet. This explains key factors that the Bluelandarmy need to consider to decide how the attack on the advancingRedland troops will be conducted. Give the students some time to planhow they will advise you when the military council meets. The promptquestions will ask them to consider factors such as location and timingof the attack, as well as appropriate clothing and weapons to use.The students can also refer to the Blueland military strategic plan(Resource 1E).

Introduce the scenario of a military council meeting. In this meeting, askall military advisers to give you their advice on the tactics that should beused in launching an attack that complies with international humanitarianlaw (IHL) on the Redland troops. Encourage debate within the meeting.There should be disagreement and discussion as the advisers each putforward different tactics and present the different perspectives of militaryobjectives, concerns for the civilian population and the need to complywith the principles of IHL.

By the end of the military council meeting, you should ensure theBlueland military strategic plan (Resource 1E) is completed –showing a detailed plan of action under each heading and stating howthe military strategy complies with IHL. If the discussion becomesprolonged, a vote from military advisers can be taken for each section ofthe strategic plan.

Debrief (10 minutes)Present each group with the Military strategic plan factsheet(Resource 1F). Explain and discuss the contents in relation to theprinciples of distinction and proportionality. There is also a teacher’scopy (Resource 1G) of the factsheet with additional notes.





follow-up factsheet

For use by the teacher1G. Follow-up factsheet1J. Village school hideout:

followup factsheet





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Exercise 1


PART B: VILLAGE SCHOOL HIDEOUT

TIMINGS: 30 minutes

This exercise introduces a further development in the armed conflictthat you as commander have to respond to. Military intelligence hastold you that some of the Redland troops have broken away from themain group and are hiding out in a school in one of the villages locatedbetween you and Amarillo.

Ask the students, as your military council, to advise you on how toapproach the problem. You are particularly concerned about thisdevelopment, as it is tactics like this that have led to Redland holding astronger presence in the Yellow Territories over the last few years. Also,the fact that Redland troops are advancing so close to a built-up areahas made you concerned that civilians may be affected in this offensive.

Give the students the Village school hideout: prompt questions(Resource 1H). Ask them to consider the questions and give theiradvice. Ask the students to be specific about the principles of distinctionand proportionality in relation to the civilian population and civilianstructures, such as the school.

Debrief Present each group with the Village school hideout: follow-upfactsheet (Resource 1I). Explain and discuss the contents in relationto the principles of distinction and proportionality. There is also ateacher’s copy (Resource 1J) of the factsheet with additional notes.





follow-up factsheet

For use by the teacher1G. Follow-up factsheet1J. Village school hideout:

followup factsheet





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Exercise 2

ENEMY CAPTIVES

This exercise will cover the appropriate treatment of an enemy thathas surrendered or been captured, and has, therefore, obtainedprisoner of war status. It will also introduce students to the role theRed Cross has in visiting detainees. The exercise follows on fromExercise 1, on proportionality and distinction, and considers theprinciple of humane treatment.

TIMINGS: 1 hour

Objectives:To understand and learn that: international humanitarian law (IHL) protects captured combatants in

international armed conflict decisions made regarding the treatment of detainees within a

prisoner of war camp should adhere to IHL an individual in a superior position can be held responsible not only for

the crimes they have ordered but also for failing to prevent or punish the actions, or inaction, of their subordinates.

IHL rules covered It is forbidden to kill or wound an enemy who surrenders or who is

unable to fight. People taking no active part in the hostilities, such as prisoners of

war (PoWs), shall be respected, protected and treated humanely atall times.

Captured combatants and civilians are entitled to respect for theirlife, their dignity, their personal rights and convictions, and theirphysical and mental integrity.

POWs should be given appropriate care without discrimination, andthey should never be subjected to violence, in particular, murder,mutilation, cruel treatment or torture.

POWs have the right to correspond with their families and to receive mail.

For group use2A. Internal memo2B. Key questions2C. Follow-up factsheet





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Exercise 2

During the attack on the Redland troops that were hiding out in thevillage school, some of the Redland troops were captured by Bluelandtroops. They have surrendered and put down their weapons. Thesecaptives are being brought back to the main Blueland camp. Militaryadvisers are on hand to advise the camp commander (teacher’s role)on how the captives should be treated.

This exercise will use a carousel activity to allow students to discussa range of issues that could be encountered when detaining PoWs.Firstly, divide the class into three groups and set up three workstationsas a carousel around the class. At each workstation, place one cardfrom the Key questions (Resource 2B):

The three workstations are:1. Day of arrival2. During confinement3. Issues relating to the conflict

Ask a student to read out the Internal memo (Resource 2A), thatyou have received from the commander, to the class. This will remindthe students of the scenarios from exercises 1 and 2, and sets thescene for this exercise. The students should then spend approximatelyten minutes discussing the questions at each workstation, and makeclear notes under each question. The groups will then rotate. The nextgroup will discuss the questions and add to the notes, to clarify thepoints made by previous groups. In total, there will be three rotationsso that each group visits each workstation. The final group at eachworkstation will report back on the questions from that workstation.

Give students copies of the Follow-up factsheet (Resource 2C)and explain how each question relates to the key principles of IHL.This information can be used to help students reflect on how theprinciples of IHL would affect the initial decisions made by the groups.Alternatively, the students could again work in groups, to see if theywould review their advice in light of the principles of IHL.

Note for teachersThe Nobel Foundation has created an interactive education game calledPrisoners of War, based on the Geneva Conventions. This game placesparticipants in the role of a commander of a prisoner of war camp,with the mission of running the camp without violating internationalhumanitarian law. Follow the link below for more information:

http://nobelprize.org/educational_games/peace/redcross/about.html

For group use2A. Internal memo2B. Key questions2C. Follow-up factsheet





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Exercise 3

RED CROSS VISIT

This exercise will introduce students to the role of the InternationalCommittee of the Red Cross (ICRC) in visiting detainees.

It is important to note that for this activity, the students will be changingtheir roles and working from the point of view of ICRC delegates. Ifthis exercise follows on directly from exercise 2, it will be necessary toguide the students through their change in role.

Timings: 30 minutes

Objectives:To understand and learn that: the ICRC, has a specific mandate under the Geneva Conventions

to visit prisoners of wars (POWs) and civilian internees in order toverify whether they are being treated according to internationalhumanitarian law

international recognition of the ICRC’s status as a neutral and independent body enables visits to detainees to take place

the four main objectives of the ICRC’s activities on behalf of detainees are:

-----> To prevent or put a stop to disappearances and extra-judicial killings-----> To prevent or put an end to torture and ill treatment-----> To improve conditions of detention where necessary-----> To restore contact between detainees and their families.

IHL rules covered People taking no active part in the hostilities (such as PoWs) shall be

respected, protected and treated humanely at all times. Captured combatants and civilians are entitled to respect for their

life, their dignity, their personal rights and convictions, and theirphysical and mental integrity.

PoWs should be given appropriate care without discrimination, andthey should never be subjected to violence, in particular, murder,mutilation, cruel treatment or torture.

PoWs have the right to correspond with their families and to receive mail. The ICRC has the right to visit POWs and civilian internees in

international armed conflict.

For group use3A. ICRC visit3B. Factsheet3C. Follow-up3D. Red Cross message

forms





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Exercise 3

You are part of a team of delegates working for the ICRC in the conflictzone within the Yellow Territories. The ICRC has been monitoringthe conflict in the Yellow Territories for some time and is particularlyconcerned at the escalation of hostilities in recent weeks. You areaware that the Blueland army is detaining some Redland troops whosurrendered during a recent attack.

On the strength of your internationally recognised mandate you havenegotiated agreement with the Blueland army that you can undertakean official ICRC visit to the Blueland camp in a couple of days. As ateam, you are anxious to make the most of the visit. You will have alimited amount of time to register those detained, view conditions in thecamp and carry out individual private interviews with PoWs. Followingthese activities, you will discuss your findings confidentially with theprison authorities. As a team, you need to prepare:

a list of questions for interviews with POWs an observation checklist for living conditions within the camp.

Use the words below to stimulate thought and discussion amongstudents before they begin their task. Encourage them to thinkabout how these terms inform the interview questions or observationchecklist that they will prepare.

HygieneDignityDiscriminationHealth

NutritionConfidentialityFamilyExercise

EducationWorshipSafety

Divide the class into groups. One group will devise interview questions,the other an observation checklist. Give each group a number ofblank pieces of paper, about A5 size. Students should initially workindividually or in pairs and, depending on which group they are in, jotdown interview questions or criteria for the observation checklist. Theyshould write one question/statement on each piece of paper. After a fewminutes, they should lay all the pieces of paper out on the table. As agroup, they can then work together to prioritise the statements until theyhave ten interview questions or ten criteria for the observation checklist.


forms





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Exercise 3

Encourage the groups to think about how they work together. Somestrategies that they might use include:

sorting the papers into groups and themes, deciding which themesare most important, then refining the wording of the questions

using methods such as diamond ranking (see side panel) to prioritise the questions

introducing a voting system to decide on the final questions/observationcriteria e.g. each person has three or four stickers and can vote for thequestions/observation criteria that they feel are most important.

Have extra pieces of paper available so that students can refine thewording of their questions and observation criteria. Each group shouldshare their completed interview questions and observation checklistwith the rest of the class, who can ask questions and give feedback.

DebriefDebrief the class by using the International Committee of the RedCross prisoner of war visit Factsheet (Resource 3B) and Follow-up(Resource 3C) to check how close they came to ICRC guidelines. Thestudents can also look at the Red Cross message forms (Resource3D). Were there any areas they did not consider in their interviewquestions or observation checklist? Encourage the students to reflecton how well they worked as a group.

Note for teachersSome questions students might come up with are:

1. What is your first and last name?2. How are your jailers treating you?3. How long have you been detained?4. How many prisoners are there in a single cell?5. Do you have enough to drink?6. What are you given to eat?7. Have you been given medical care?8. Would you like to send a personal message to your family/loved one?

These questions are taken from RAID Cross, a role play activityon international humanitarian law. For more details, [email protected].


forms




Justice and Fairness > Module 3 > Extensions

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Extensions

EXERCISE 1: OPTIONAL ADDITIONAL CLASS -BASED TASK OREXTENS ION ACTIVITY

Addition to charter on the principles of warfareIn Module 1, Part 1, Exercise 1, students had the opportunity to developa ‘charter on the principles of warfare’. If the students have alreadystarted a charter, they could now add the principles that they havelearnt. Alternatively, if the students have not started a charter, startingone now could be a useful way to recap what has been learnt so far.

A3/flip chart sheets to allowstudents to start to write theirCharter on the principles of war.




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Extensions

EXERCISE 2: OPTIONAL EXTENSION ACTIVITY

Report on alleged international humanitarian law violationsThe students are aware from the exercises conducted in the mainlessons that Redland troops have previously broken IHL by torturingand killing captured Blueland troops. The pupils should prepare areport on the alleged violations to be sent to the Home Secretary ofRedland. They should explain, setting out the principles of IHL thatthey have learnt, why the atrocities committed by Redland are notacceptable. Students should set out the reasons why torture cannever be permissible, regardless of the circumstances. Studentscan consider the questions set out in the Report on alleged IHLviolations (Resource 4A) for inspiration but they should also feel freeto include their own reasoning too.

For group use4A. Report on alleged IHL

violations





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Extensions

EXTENS ION EXERCISE 3: OPTIONAL EXTENS ION ACTIVITY

The problem of landmines (45 minutes)

In this exercise, students will consider the use of landmines in conflicts,understand the problems their use presents, and how they continue toimpact on people’s lives. Begin with a discussion on landmines. Whatdo students know about landmines? Can they name some countries inwhich landmines have been used?

Anti-personnel landmines are explosive devices that are set off by thevictim’s presence – either touch or proximity. They are often buriedbeneath the ground so that they can’t be seen by their victims.

Question 1: The impact of landminesIntroduce, and set the context for, the Zubaidullo video clip fromthe International Committee of the Red Cross (ICRC) website:http://www.icrcproject.org/source/eng/video3.html

Discuss the following questions with students: The video clip showed different shots of Zubaidullo and his friends.

What sorts of things do you think they do in their free time? Do you think Zubaidullo knew there were landmines in the area

where he lived? What impact did stepping on the landmine have on Zubaidullo’s life? What difference has the ICRC made to Zubaidullo’s life and others

who have been similarly affected? How would you feel if there was a risk of landmines near where you

lived?

Introduce the landmine map (Resource 5A) to the students and askthe following questions Are students surprised at the number of countries where there

are landmines In which countries are there landmines but war has ended What does this map tell us about the longevity of the impact of war

on civilian populations?

For group use

Zubaidullo video clip5A. Landmine map5B. Landmines case

studies5C. The problem of

landmines worksheet

For use by teacher5D. Landmines -

teacher’s resource





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Extensions

Give each student a copy of the Landmines case studies 5B. Explainthat they are going to consider the impact of landmines on people’slives. The worksheets give four case studies of individuals aroundthe world who have been affected by landmines. The problem oflandmines worksheet 5C gives four facts about landmines. Studentsshould read and discuss the case studies before completing the table,outlining the impacts and consequences of the use of landmines.Students may want to refer to the individual case studies.

They may want to work in small groups as this issue might raisedifferent thoughts and feelings. The Landmines - teacher’sresource 5D can be used to highlight the main points.Finish with a discussion:

What might be some of the reasons why an army decides touse landmines?

Do landmines distinguish between their targets? How does the principle of proportionality apply? Think about the way

in which a landmine is activated – can the level of damage caused,and the impact it will have, ever be known?

The video clip of Zubaidullo is a clear example of why landminesmust be eradicated. (International humanitarian law) plays a key rolein working towards solving the problem of landmines by laying downvarious rules that governments must comply with, for example, the1997 Convention on the Prohibition of Anti-Personnel Mines.

Question 2: Protecting civilians from landminesThe second part of the Problem of landmines worksheet 5C asksstudents to think of four things that a set of international standardson landmines should cover in order to help people who live in areaswhere there are landmines, and the responsibilities of governments inthese areas. The students can work in groups to come up with ideas,then narrow them down into four points. The Landmines - teacher’sresource 5D provides a summary of the 1997 Convention to supportclass feedback and discussion.

For group use

Zubaidullo video clip5A. Landmine map5B. Landmines case

studies5C. The problem of

landmines worksheet

For use by teacher5D. Landmines -

teacher’s resource




Justice and Fairness > Module 3 > Resources

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Resources

INTRODUCTORY EXERCISESFor group useKey principlesiA. Distinction and proportionality at homeiB. Distinction and proportionality at home – points to note

EXERCISE 1For group use1A. Military scenario1B. Yellow Territories map1C. Role cards1D. Military plan of action: prompt questions1E. Blueland military strategic plan1F. Factsheet1H. Village school hideout prompt questions1I. Village school hideout: follow-up factsheet

For use by the teacher1G. Follow-up factsheet1J. Village school hideout: followup factsheet

EXERCISE 2For group use2A. Internal memo2B. Key questions2C. Follow-up factsheet

EXERCISE 3For group use3A. ICRC visit3B. Factsheet3C. Follow-up3D. Red Cross message forms

EXTENSION EXERCISE 2For group use4A. Report on alleged IHL violations

EXTERNATION EXERCISE 3For group use5A. Landmine map5B. Landmines case studies5C. The problem of landmines worksheet

For use by teacher5D. Landmines - teacher’s resource




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Lesson flowchart

15 mins Introductory exercise – Proportionality and distinction at home

45 mins Exercise 1 – Conduct of hostilities Part A – Military plan of action

30 mins Exercise 1 – Conduct of hostilities Part B – Village school hideout

60 mins Exercise 2 – Enemy captives

30 mins Exercise 3 – Red Cross visit

30 mins Extension exercise 1 – Addition to charter on the principles of warfare

30 mins Extension exercise 2 – Report on alleged IHL violations

45 mins Extension exercise 3 – The problem of landmines




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Key principles

To be printed onto a large piece of paper to be placed at an easy reference point in the classroom




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Key principles

To be printed onto a large piece of paper to be placed at an easy reference point in the classroom

Key principles

CivilianAny person who is not a combatant. Whencivilians take a direct part in fighting, they losetheir protection from attack. (When there is anydoubt about a person’s status, he or she shallbe considered to be a civilian.)

Civilian objectAny object that is not a military objective.When a civilian object is used in support ofmilitary action, it becomes a legitimate militarytarget and loses its protection. (When there isany doubt about whether a civilian object isbeing used in support of military action, it shallbe considered to be a civilian object.)

Collateral damage (non-legal)The incidental damage, loss or injury thatis caused to civilians and civilian objects inthe course of an attack against a legitimatemilitary target, despite taking all necessaryprecautions to prevent or minimise suchdamage, loss or injury.

CombatantA member of the armed forces or a memberof an armed group under the orders of a partyto the conflict.

Command responsibilitySomeone in a superior position can be heldresponsible not only for the crimes they haveordered, but also for failing to prevent or punishthe action, or the inaction, of their subordinates.

Military objectiveObject which by its nature, location, purposeor use makes an effective contribution tomilitary action and whose destruction offersa definite military advantage.

PerfidyMisleading an adversary by falsely claimingprotection under international humanitarian lawand doing so with every intention of betrayingthe protection acquired.

Prisoners of warEnemy combatants (male or female) who, in aninternational armed conflict, fall into the powerof the enemy.

TortureThe intentional infliction of severe suffering orpain where there is a specific purpose for suchinfliction (such as the retrieval of information).




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iA: Distinction andiA: proportionality at home

To be printed onto cards and given out to students.




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iA: Distinction andiA: proportionality at home

To be printed onto cards and given out to students.




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iB: Distinction andiA: proportionality at home

As handout OR for teacher use

DISTINCTION AND PROPORTIONALITY AT HOME – POINTS TO NOTE

DistinctionEach of the following scenarios illustrates the principle of distinction:

Detention: If some students in a class have been misbehaving but others have not, to disciplinethe whole class overlooks the principle of distinction. It is not correct to punish the whole class forthe wrongdoing of a minority as it results in punishment of the innocent.

Driving ban: The other drivers in the car are innocent parties and had no involvement in thedriver’s crime. It does not matter that they did not tell him to stop speeding and a blanket ban for allpassengers ignores the principal of distinction – i.e. distinguishing the person who was breaking thelaw from those who were not.

Slugs: In order to ensure that only the slugs in the garden are killed by the spray, the spray needs tosomehow distinguish between the slugs and the other wildlife, which are not causing any problems.

Exam: It is an indiscriminate response to require all students in a class to re-sit an exam purelybecause a few of the students failed it. The students who passed do not need to re-sit their exam.In deciding who should re-sit, the teacher should distinguish between those who need to re-sit it(i.e. those who failed) and those who do not (i.e. those who passed).




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iB: Distinction andiA: proportionality at home

As handout OR for teacher use

DISTINCTION AND PROPORTIONALITY AT HOME – POINTS TO NOTE

ProportionalityEach of the following scenarios relates to the principle of proportionality. Each illustrates a scenariowhere the action taken is not proportionate to the aim which is to be achieved:

Leg: Amputation (a limb removal operation) is a wholly disproportionate response to the risk thata person might get an infection from a cut. A proportionate response would be to apply someantiseptic cream or to take some antibiotics.

Car: If your car has a flat tyre, the proportionate response to the problem is to change the tyre.To buy a new car is unnecessary and goes far beyond the initial problem to be solved.

Computer: If your computer has a virus, to buy a new computer would not be a proportionateresponse to the problem unless the virus had done so much damage to the computer that it wasunusable. Otherwise, a more proportionate response would be to have the virus removed by virussoftware or a computer engineer.

Ambulance: The laws that apply to ambulance drivers during an emergency call are differentto those that apply to normal members of the public. This is because breaking the speed limitis a proportionate response for an ambulance driver to take in a medical emergency. It is rarelyproportionate for a normal driver to break the speed limit.




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1A: Military scenario

Background information

Yellow Territories conflictThe conflict centres on a border dispute between Redland and Blueland that has been ongoing formany years. Both Redland and Blueland believe they have the rightful claim to the Yellow Territories,the disputed section of land. However, for the past 30 years, Redland has had the stronger presence.Two years ago, Blueland elected a new government that vowed to claim back the Yellow Territoriesif they got into power. The two years since this government’s election have beensome of the most hostile in the two countries’ history. Thousands of Bluelandtroops are now stationed in the Yellow Territories but Redland forces arealso putting up a strong fight.

There is now an ongoing armed conflict between Redland andBlueland over the Yellow Territories. Blueland has stationed a base inthe Jaune region of the Yellow Territories. The main Redland base islocated just outside the large town of Amarillo. Blueland’s next goalis to take control of Amarillo. Jaune and Amarillo are 100 milesapart. A small group of Redland troops are currentlystationed 90 miles due east between where you are basedwith Blueland and Amarillo, but they are advancingtowards you. Between you and the Redland troops lieseveral villages and a power station.

Next stepsIf you are to achieve your goal of takingcontrol of Amarillo, you must launch anattack on the advancing Redland troopsto prevent them from taking controlof your base. Your commander (yourteacher) has asked you for advice as tohow the fighting should be conducted.




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1B: Yellow Territories map




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1C: Military adviser role cards

BluelandLegal adviser

As the commander’s most senior legal adviser, you must advise him or her on the course ofaction which most adheres to the principles of international humanitarian law (IHL) and providereasons for your advice. Your key aim is to balance the goals to be achieved in the conflict withthe principles of IHL.

Factors you must consider

You are aware that violations of IHL can have serious consequences for those who breachthem, including potential imprisonment.

You must make your fellow advisers aware of the legal principles underlying conduct in conflict situations so that they will agree with your proposed course of action (one which is strictly in line with IHL).

You must assure your colleagues that this is the only way that potential legal punishments can be avoided.




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BluelandCommunications officer

With responsibility for communications within the army, you must advise the commander of anynegative publicity that could be associated with any planned course of action. Your main aim isto preserve the public image of Blueland, ensuring no unwarranted negative press is associatedwith an attack on Redland troops.


There are sensitive issues surrounding the invading of the Yellow Territories by Blueland and you want to ensure that the collateral damage is minimised to the greatest extent possible, especially in relation to civilians and civilian infrastructure.

You are aware that if Blueland is to take control of the Yellow Territories, you will need to keep local civilians on side and also minimise the amount of rebuilding of infrastructure requiredafter the conflict.




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BluelandLocal community officerYou are the civilian population’s direct link with the commander. Your main aim is to protect the localcommunity – both its people and its infrastructure. You must advise the commander of the course ofaction that will most effectively ensure the safety of innocent civilians inhabiting the nearby villages.

Factors you must consider:

You must ensure that, while the military goals of Blueland are achieved, the civiliancommunity is protected.

If a civilian is hurt, Blueland troops must ensure that they are helped, and given the resources and aid that they require.




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BluelandArmy officerYou play a key role in the planning of military strategy, especially in communicating the detail ofmilitary strategy to the troops. You must advise the commander on the course of action that willmost ensure the safety of Blueland troops, and provide him or her with reasons for your advice.Your key aim is to ensure that Blueland troops are not put at unnecessary risk.


After two years of intense fighting, the morale and safety of troops is your primary concern. You will only deploy troops if you are confident the military objective will be achieved. You

want to use your troops’ time and energy efficiently and, for military purposes, you will not put them at risk in order to spare a higher number of civilians.




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BluelandTactics officerYou work on the detail of military strategy and consider how this attack will help the long-termmilitary goal. You must advise the commander on the course of action that will ensure the longtermsuccess of any military offensive taken now.


You are keen to ensure that Redland troops are hit sufficiently hard by the attack that they are dissuaded from attempting to advance on the Blueland base in the future.

You wish to persuade the commander that “shock and awe” tactics are the most suitable in this situation and that, accordingly, an aggressive line of attack should be taken against the Redland troops.




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iD: Military plan of action:iA: prompt questions

Your commander wants to prevent the advancing Redland troops from getting too close to theBlueland stronghold in Jaune so wants to launch an attack as soon as possible. However, asshown by the map, the Blueland troops are currently advancing through an urban area withmany civilian villages.

The commander wants to know your advice on how the attack on Redland troops shouldbe conducted. This will be decided at a military council meeting with the other advisers. Youshould consider the following questions when feeding back your advice, and consult the mapwhere appropriate. Also, give consideration that your advice complies with the principles of IHL.

Location What is the best location for the attack?How do the locations of the villages affectyour decision?

Timing What would be the ideal timing for theattack and why? What are the advantages/disadvantages of launching an attack atnight/during the day?

Clothing What would be the most appropriateclothing for your troops to wear in order tomake it more difficult for Redland troopsto identify them as opposition forces?Consider the following options: (1) civilianclothing or (2) camouflaged clothing. Whatis the rationale behind and what are theconsequences of using each option?

Weapons What is the most appropriate choice ofweapon for use in attacking the soldiers inyour chosen location? Available weaponoptions are: small firearms, snipers,explosive devices, heavy artillery ormortars. Does the chosen location of theattack affect this decision? How?




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iD: Blueland militaryiA: strtegic plan

Blueland military strategic plan

Date:

Military advisers:

Reasons for attack:

Overview of strategy:

Location of attack: IHL Principles:

Timing of attack: IHL Principles:

Clothing: IHL Principles:

Weapons: IHL Principles:




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iD: Blueland militaryiA: strategic plan

FACT SHEET FOR STUDENTS

LocationThe hostilities should be conducted as faraway as possible from civilians in order toreduce the number of civilian casualtiesand damage to civilian infrastructure.The least urban areas with no vulnerablecivilian structures nearby are the mostsuitable places for an attack.

TimingBy conducting the attack at night, whenmost civilians will be indoors, the numberof potential civilian casualties is likely to begreatly reduced.

ClothingThe most appropriate choice of clothing inthe scenario is camouflage. Dressing up asa civilian in order to gain an unfair militaryadvantage over your opponent is illegalunder international humanitarian law (IHL). Itcould also lead to civilians being suspectedor even targeted as combatants.

WeaponsThe appropriate choice of weapon dependson the proximity of civilians and civilianobjects. For example, a large bomb whichdestroys everything in a half-mile radiusmay be suitable for use at 4F but thepresence of the villages’ power supplyat D4 will mean that more directedweapons would need to be used if theattack was launched here.




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1G: Follow-up factsheet

BLUELAND MILTARY PLAN OF ACTION – FOR TEACHERS

DistinctionThe principle of distinction states that theparties to a conflict must distinguish betweenthe civilian population and combatants. Neitherthe civilian population nor civilian property maybe attacked – attacks may be made solelyagainst military objectives.

ProportionalityThe proportionality is important to the scenarioin two ways:

1. The choice of action must be proportionate to the anticipated military advantage. Theaction decided on by the military councilmust weigh the concrete military objective(defeat the Redland troops in the YellowTerritories) against the risks to civilians.The council must keep this in mind whendeciding how to carry out their attack(or even when deciding whether it isproportionate to attack at all).

2. Proportionality comes into play whenchoosing the type of weapon to be used.Although it might not be possible to preventcivilian casualties, the council must take allprecautions to minimise the risk to civilians.




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1G: Follow-up factsheet

BLUELAND MILTARY PLAN OF ACTION – FOR TEACHERS

Location1. The hostilities should be conducted as far

away as possible from civilians in order to reduce the number of civilian casualties and damage to civilian infrastructure. The map shows any villages standing between the Blueland base and the advancing Redland troops. There are, however, three locations which may be more suitable for an attack as they are the least urban areas. They are located at 3F, 4F and 3D.

2. It can be seen that in the case of 3D ,there is a power station located within half a mile. Any attack in this location would have to take into account the presence of this installation containing dangerous forces. If an attack was launched near the power station, the choice of weapon would play a major role. IHL forbids the attack of structures such as nuclear power stations, due to the possible consequences of severe losses to the civilian population. The power supply is also important for the

ClothingThe most appropriate choice of clothing inthe scenario is camouflage. Under IHL, it isforbidden to commit “perfidy”, which is the actof misleading an opponent by falsely claimingprotection under IHL in order to kill, capture orinjure an adversary. For example, dressing upas a civilian in order to gain a military advantageover your opponent would constitute perfidy asyour opponent would wrongly believe that he orshe was obliged not to harm you.

Dressing up in civilian clothing in suchcircumstances can also lead to other violationsof IHL. Consider the following scenario:Blueland troops are dressed in civilian

TimingBy conducting the attack at night, when mostcivilians will be indoors, the number of potentialcivilian casualties is likely to be greatly reduced.However, the launch of a night-time attack takes careful planning as visibility is greatly reduced. The launch of an attack at night should not compromise the accuracy with which military objectives are targeted.

WeaponsFrom an IHL perspective, the appropriatechoice of weapon will very much depend on theproximity of, and impact it will have on, civiliansand civilian objects. For example, a large bombwhich destroys everything in a half-mile radiusmay be suitable for use at 4F. But the presenceof the villages’ power supply] at 4D will meanthat more directed weapons would need to beused if the attack was launched here.




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1H: Village school hideout:iA: prompt questions

Military intelligence has told you that some of the Redland troops have broken away from the maingroup and are hiding out in a school in one of the villages located between you and Amarillo.

Your commander wants to know how to approach the problem. He is particularly concernedabout this development, as it is tactics like this that have led to Redland holding a strongerpresence in the Yellow Territories over the last few years. Also, the fact that Redland troops areadvancing so close to a built-up area has made the commander concerned that civilians maybe affected in this offensive. The commander wants your advice.

In planning your response, consider the factors of distinction and proportionality in relation tothe school as a military target, and how the attack might have consequences for civilians. Youshould consider the following questions when giving your advice:

1.Is it necessary to attack the school?Is there a risk involved in leaving thesoldiers there?

2.If you do decide to attack the school, howwould you go about it and why? What isthe most appropriate choice of weapon?Remember that the choice of weaponcould be a key factor in whether the attackis proportionate or not.



3.Are there any alternative ways of attackingthe soldiers hiding in the school? Is thereanything that could be done to reach thesoldiers but to avoid launching an attack inor on the school?

4.There are a number of civilian homes closeto the school. What might be the impact ofan attack on the local civilian population?What can you do to minimise the impact?Would your answer differ if the nearbybuildings were offices instead of homes?




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1I: Follow-up factsheet

VILLAGE SCHOOL HIDEOUT – FOR STUDENTS

Alasdair Macleod (BRCS)

The school is being used as an enemy hideout, which means it loses its protection as a civilianobject and becomes a legitimate military objective that can be targeted by enemy troops.

Factors such as the risk associated with leaving the soldiers in the school and whether thereare still civilians inside the school will influence how the situation should be handled.

Another option to attacking the school might be to attempt to coax the enemy out of theschool and away from the village. There are various methods by which this could be done,such as by creating a decoy.

Civilian homes in close proximity to the school mean that there is a high possibility thatinnocent civilians will be caught in the crossfire of the combat.



In carrying out an attack on the school, the most appropriate weapons are small arms thatcan be aimed precisely and have a small impact in order to minimise the risk to civilians. Theuse of weapons with a larger impact such as artillery or aerial bombardment are unlikely to beproportionate in these circumstances.




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1J: Follow-up factsheet

VILLAGE SCHOOL HIDEOUT – FOR TEACHERS

To attack or protect?As the school is being used as an enemy hideout, it loses its protection as a civilian object andbecomes a legitimate military objective that can be targeted. The principle of proportionality stillapplies, however, and it will determine how any planned attack would be carried out. Factorssuch as the risk associated with leaving the soldiers in the school and whether there are stillcivilians inside the school will influence how the situation should be handled.

Before launching any kind of an attack, there is a responsibility to do everything feasible tominimise the risk of civilian casualties. Even if there are civilians inside, an attack could still belegitimate if the school is an important enough location to the military operation and sufficientprecautions are taken to reduce the risks to civilians. For example, an outright bombing of theschool would probably be illegitimate, whereas a careful ground attack with small arms aimedat the enemy occupants would probably be OK.

An alternative approach to attacking the school might be to attempt to coax the enemy out ofthe school and away from the village. There are various methods by which this could be done,such as by creating a decoy.




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Weapon choiceWhen selecting a type of weapon to be used in attacks that are conducted in close proximity tocivilians, the principle of distinction must always be considered. In carrying out an attack on theschool, the most appropriate weapons are small arms that can be aimed precisely and have asmall impact in order to minimise the risk to civilians.

International humanitarian law (IHL) dictates that it is not only civilians that are protected but alsocivilian objects. Whereas the school building has temporarily lost the protection of IHL, as it isoccupied by the enemy, the surrounding buildings have not and this must be taken into consideration.

The use of weapons with a larger impact such as artillery and aerial bombardment are unlikelyto be proportionate in these circumstances unless the risk of civilian losses is deemed to benegligible or the immediate risk posed by the presence of the enemy inside the school is an evengreater risk to the civilian population (this could be the case if, for example, the school was beingrigged with explosives due to detonate imminently).




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CiviliansCivilian homes in close proximity to the school means that, even if the enemy can be coaxedout of their hiding place, there is a high possibility that innocent civilians will be caught in thecrossfire of the combat.

The use of handheld weapons is considered more appropriate to a scenario where civilians areclose by as this helps to minimise indiscriminate harm. The use of uniforms can also be quiteimportant in this respect. If combatants can easily be distinguished from civilians, civilians areless likely to become caught up in the fighting.




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2A: Internal memo

TO BE READ OUT BY THE CLASS

“You decided to launch your attack on the Redland troops at night in the least populated areaof the Yellow Territories, far removed from civilian infrastructure. Attacking at night also reducedthe chances of civilian casualties. You used small bombs and missiles as your weapons – thesewere powerful enough to fulfil your military objectives but not so powerful that they causedindiscriminate damage to civilians or their property.

For the attack on the school in the village, you used small handheld firearms for man-to-mancombat to avoid potential civilian casualties and damage to the surrounding homes. Again, youlaunched your attack at night in order to minimise potential civilian casualties.

You have just been informed that during the attack on the school, some of your fellow troopscaptured some enemy soldiers who surrendered, and they are currently bringing them back toyour station.

Your commander has asked you how these soldiers should be treated. Consider theKey questions handouts. In answering these questions, you should consider how the principlesof international humanitarian law will affect your decisions. If necessary, refer back to theKey principles to help you.”




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2B: Key questions

DAY OF ARRIVAL – Workstation 1

1. The captives have just been brought back to the camp and you need to decide where you are going to keep them. What sort of accommodation will you put them in? Will you givethem access to outdoor spaces?

2. What will you do with their personal possessions?

3. One of the captives has a serious injury which requires him to be evacuated to a medicalfacility away from the front line. However, this would put your troops at risk and diminish thenumber of troops you have available to fend off enemy forces. Do you evacuate him?

Notes




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2B: Key questions

DURING CONFINMENT – Workstation 2

1. Your troops have been stationed at the base for longer than had been anticipated and your food rations are getting low. How will that affect your treatment of the prisoners in your care? What are you going to do?

2. One of the prisoners says that he has a letter that he needs to send. Do you send the letter forhim? Would your answer be different if he told you that the letter contained military information?

3. One of the captives is attempting to escape from the confines of your camp. What action doyou take?

4. You have become aware that some of your fellow soldiers would like to get revenge for the previous torturing and killing of their comrades by the captives. You have overheard them muttering threats to the captives. What action do you take?

Notes




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2B: Key questions

ISSUES RELATING TO THE CONFLICT – Workstations 3

1. Enemy troops are advancing towards your position and you need more troops to fend them off. Do you make the captives fight for you?

2. You believe that one of the captives has valuable information that will help your campaign. However, he is remaining silent and refusing to cooperate in interrogations. What do you do?

3. One of the captives is attempting to escape from the confines of your camp. What action doyou take?

4. You are aware that the International Committee of the Red Cross might request to visit the detainees, as they did on previous occasions in the conflict. Will you place any restrictions on registering the prisoners or on taking notes?

Notes




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2C: Follow-up factsheet

In addition to the key principle that prisoners of war (PoWs) must be humanely treatedat all times, the principles listed below relating to the treatment of PoWs are relevant to thescenarios you have just discussed. It will be the responsibility of the commanding officer toensure that these principles are adequately upheld when PoWs are taken.Scenario-specific principles

Conditions of internmentPoWs must be kept under conditions that are as favourable as those for your own forces at thecamp and they must not be kept in close confinement (except in cases where this will be in theinterests of the prisoner). The prisoners must also be given the opportunity to go outdoors andtake physical exercise.

PossessionsWith the exception of certain items such as firearms and military equipment, PoWs should beallowed to keep all personal belongings in their possession.

Medical treatmentPoWs must be given all the medical attention they require. Where a prisoner of war needsspecial treatment, a surgical operation or hospital care, he must be admitted to any medical unitthat can provide such treatment.




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FoodPoWs must be provided with adequate food and drink. Their captivity must not lead to theirstarvation or neglect. Troops are permitted to purchase food from civilians but they must pay forit and cannot simply “plunder” (steal) it.

CorrespondencePoWs must be allowed to send letters and cards up to a certain quota. The detaining power hasthe right to censor this correspondence. However, there are often practical issues associatedwith the sending of prisoner correspondence which leads to limitations on the amount ofcorrespondence a prisoner can send. In some circumstances, the Red Cross can step in to offerpractical assistance (e.g. by arranging for the transfer of messages and parcels).

EscapeThe use of weapons against PoWs (especially those who are attempting to escape) is onlypermitted in extreme circumstances and must always be preceded by sufficient warnings.

ReprisalsPoWs must be protected at all times, particularly against insults, acts of violence and intimidation.



Measures of ‘reprisal’ against PoWs are prohibited. Reprisal refers to taking measures that are unlawful under international humanitarian law (IHL) in order to punish an enemy who has already broken IHL.However, a prisoner of war who has committed violations of IHL is subject to the laws of the state detaining him or her, and can be prosecuted for war crimes under the state’s laws.




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Forced combatCompelling a PoW to fight is a violation of IHL.

Obtaining informationYou should check that the prisoner understands the language in which they are beingquestioned. It is a requirement of IHL that the questioning of PoWs must be carried out in alanguage they understand. Torture of any kind (whether physical or mental) is prohibited underIHL. Prisoners who refuse to answer questions may not be threatened, insulted or exposed todisadvantageous treatment of any kind.




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3A: Follow-up factsheet

You are part of a team of delegates working for the International Committee of the Red Crossin the conflict zone within the Yellow Territories. The ICRC has been monitoring the conflict inthe Yellow Territories for some time and is particularly concerned at the escalation of hostilitiesin recent weeks. You are aware that the Blueland army is detaining some Redland troops whosurrendered during a recent attack.

On the strength of your internationally recognised mandate, you have negotiated agreementwith the Blueland army that you can undertake an official ICRC visit to the Blueland camp ina couple of days. As a team, you are anxious to make the most of the visit. You will have alimited amount of time to register those detained, view conditions in the camp and carry outindividual private interviews with PoWs. Following these activities, you will discuss your findingsconfidentially with the prison authorities. As a team, you need to prepare:

a list of questions for interviews with PoWs an observation checklist for living conditions within the camp.




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3B: Factsheet

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)PRISONER OF WAR VISIT FACTSHEET

In international armed conflicts, the Geneva Conventions recognise the right of ICRC delegatesto visit prisoners of war and civilian internees. The main purpose of ICRC visits is to ask theauthorities to take any steps deemed necessary to improve the detainees’ treatment.

The ICRC’s activities on behalf of prisoners have four main objectives: To prevent or put a stop to disappearances and potential killings To prevent or put an end to torture and ill treatment To improve conditions of detention where necessary To restore contact between detainees and their families

In cases of emergency, the ICRC may also provide the inmates with medicines, clothing,toiletries and food.

Before the visitThe ICRC gathers information and establishes as many facts as possible about the nature ofthe detention. The authorities are approached to allow the visit to go ahead.

The visitAll visits follow a standard procedure. The ICRC has established guidelines enabling it to evaluate aprison system objectively and submit realistic proposals to the authorities. The ICRC team consistsof at least one delegate and one doctor, or sometimes a nurse depending on the scale of the camp.

1. The visit starts with a preliminary exchange of views with the people in charge to explain howthe visits are organised and carried out.

2. Together with the authorities, they inspect the entire premises including cells, dormitories,latrines, showers, exercise yards, visiting rooms, kitchens, workshops, sports areas, places ofworship, hospital, and punishment and solitary confinement cells.

3. The most important part of the visit is the private conversations the delegates have with eachprisoner who requests it (there are no authorities or guards present during these conversations).This allows the ICRC team to find out what the prisoners regard as their main problems.




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3C: Follow-up

Follow-upThe ICRC analyses its findings, and submits conclusions, recommendations and a plan ofaction to the people in charge of the detention centre. Often, problems can be solved byestablishing a working relationship with the local prison authorities.

The next step is to approach the higher authorities, as problems such as overcrowding, medicaltransfers and water or food supplies often depend on the Prisons Department or the Ministryof Health. The ICRC regularly provides national authorities with a summary report, which mayinclude the problems identified but also improvements observed or steps taken.

Until the late 1940s, the ICRC used to publish its reports on visits to prisoners. However, thereports were sometimes used for political purposes, to gain sway for a particular point of view orargument, and this jeopardised any ongoing dialogue with the prison authorities and, thereforeany potential improvements to the prison conditions. Therefore the ICRC had to stop publishingthem. Since then, ICRC reports have been submitted privately to the authorities concerned.Whenever the ICRC visits prisoners of war (PoWs) captured during an international armedconflict, it also sends a copy of its report to the government of the PoWs’ home country.




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3D: Red Cross message forms




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3D: Red Cross message forms




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4A: Report on alleged IHL$a: violations

As you are aware, Redland troops have previously broken international humanitarian law (IHL)by torturing and killing captured Blueland troops. You should prepare a report to be sent to theHome Secretary of Redland.

Your report should explain, setting out the principles of IHL that you have learnt, why thealleged atrocities committed by Redland are not acceptable. You should set out the reasonswhy torture can never be permissible, regardless of the circumstances. The following questionsshould act as a guideline on the type of issues that should be covered in your report. However,you should also feel free to include your own reasoning too.

Guideline questions

What is the moral precedent that permitting torture could set? If torture were permitted in certain scenarios (such as in locating a ticking bomb), how would

soldiers know where to draw the line? What impact could the use of torture in a conflict scenario have on the wider political

standing of a country? Can one ever be truly certain that the person being tortured has the information that is needed? How credible is the information that is obtained under duress from a person being tortured? What is

likely to happen if someone being tortured does not have the information that you arequestioning him or her for and what impact could this have on the military objective?

What could the long-term effects of torture be on the likelihood of peace and reconciliation after a conflict?

Report on alleged IHL violationsWritten by

To Date

Signed




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5A: Landmine map




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5B: Landmine case studies

The following are real-life stories of civilians from around the world who have been affectedby landmines.

RitaRita Pariyaar was herding cattle near an army barracks when she touched a mine with her right foot.The ten-year old Nepalese remembers: “[It felt] like my foot stepped on a cauldron of hot water,and the next morning there was blood all over. It took me a while to digest the fact that I hadnothing left below my ankle.” She was taken to an orthopaedic centre in Pokhara in western Nepal,supported by the International Committee of the Red Cross (ICRC), where she was provided with anartificial limb and given physiotherapy. After a year of care, Rita is happy to be back in school again.http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/p1015




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MuhammadIn southern Lebanon, a few days before his 12th birthday, Muhammad was riding pillion onhis father’s motorcycle when they hit something on the road: “I fell off the motorbike into ahole and I remember something blew up.” His father was only slightly injured but the blast setMuhammad’s body on fire. When he woke up in hospital, he had lost both his legs.http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/p1015


http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/p1015



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MartineOn 8 June 2009, Martine, who is 36, has two children of her own and supports ten brothers andsisters, stepped on a landmine. “It happened in Koureng, my home village,” says Martine, sittingon her bed. “We wanted to return there to live. That day, my grandfather was cutting wood in theforest so he could build a cabin. But there was a lot of wood and it was hard for him to carry soI went to help.” Martine pauses, looking absently at the floor, then resumes. “It wasn’t even 100metres from the houses. The path is used all the time, even by the soldiers. It didn’t occur to usthat there were any mines there.”http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/senegal-feature-231209?opendocument




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UlviAzerbaijani children living in frontline villages hear instructions such as “be careful”, “don’t walkfar from the yard” and “play only around the house” daily from their parents. Ulvu Orujev, a12-year-old resident of Mahmudlu village, is not allowed to play far from his house. His parentsonly let him play in the yard. He says: “They worry that we might step on landmines but now wehave a safe playground, they are less worried.”http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/azerbaijan-feature-300908?opendocument




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5C: The problem of landmines

Anti-personnel landmines are ‘victim-activated’ explosive devices that are set off by the victim’spresence (either touch or proximity). They are buried beneath the ground so that they can’t be seenby their victims.

Question 1: The impact of landminesThe following exercise will help you think about the problem of landmines and the way they impacton people’s lives.

Use the case studies sheets (Resource 5B) to read about, and discuss the impacts andconsequences of landmines.

Then complete the table below, outlining impacts and consequences in relation to the four factsabout landmines. You might want to use the case studies to help you develop your answers.

Fact Impacts and consequences

Landmines can kill or injureanyone who comes near them.

Landmines continue to kill andinjure non-combatants for yearsafter the combat has ended.

The presence of landminescan leave vast areas of landunusable and dangerous,preventing subsistence activitiessuch as farming.

Those victims of landmines thatdo survive are often left withlost limbs and/or seriousdisfigurements.




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5C: The problem of landmines

Question 2: Protecting civilians from landminesZubaidullo and the other case studies show clear examples of why landmines must berestricted. International humanitarian law (IHL) plays a key role in working towards solving theproblem of anti-personnel landmines by laying down various rules that governments mustcomply with, for example, the 1997 Convention on the Prohibition of Anti-Personnel Mines.

Try to think of things that a set of international rules on landmines should cover. Work in groupsto come up with a range of ideas. Discuss which rules are the most important then narrowthem down to four key principles.

What provisions should the rules make for people who are living in areas where thereare landmines?

1.

2. .

What should the rules say about the responsibilities of governments of countrieswhere there are landmines?

3.

4. .




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5D: Landmines - 5D: teacher’s resource

Question 1: The impact of landminesThe table below outlines some consequences related to the four facts about landmines.

Fact Impacts and consequences

Landmines can kill or injureanyone who comes near them.

Victims of landmines can be civilians or military troops,and can be any age.

Weapons should not be indiscriminate. ‘Indiscriminate’weapons are those that are incapable of distinguishingbetween civilians and military targets because either theycannot be directed at a specific military objective, or theireffects cannot be contained.

Landmines continue to kill andinjure non-combatants for yearsafter the combat has ended.

Civilians and communities, who had no role in theconflict, suffer for years after the conflict has ended.

The presence of landminescan leave vast areas of landunusable and dangerous,preventing subsistence activitiessuch as farming.

The presence of landmines can limit the ability ofcommunities to function, re-establish livelihoods andbuild local economies, preventing subsistence activitiessuch as farming.

It is prohibited to employ methods or means of warfarethat are intended, or may be expected, to causewidespread, long-term and severe damage to the naturalenvironment.

Those victims of landmines thatdo survive are often left withlost limbs and/or seriousdisfigurements.

Sometimes the state and public services do not providesufficiently for the particular needs (e.g. physical, socialand emotional needs, and livelihoods) of people whohave been affected by landmines.

Victims of landmines may miss out on education,training and work as they recover. They may becomeeconomically inactive and place a burden on thehealthcare system.

Victims of landmines may also face stigma within society.




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5D: Landmines - 5D: teacher’s resource

Question 2: Protecting civilians from landminesThe 1997 Convention on the Prohibition of Anti-Personnel Mines (also called the OttowaConvention) is aimed at solving the problem of anti-personnel landmines and prohibits theirproduction, stockpiling and trading. It also lays down the following requirements:

Every government has ten years to clear mined areas that are under its control. Education of civilians about the danger of landmines (warning them of their dangers). The marking and fencing off of mined areas. The rehabilitation of mine victims.

Since the Convention was adopted, the use and production of anti-personnel mines havedecreased dramatically, and the trade in these weapons has virtually stopped. Tens of millionsof mines have been destroyed and thousands of square kilometres of land have been cleared.As a result, the number of new casualties is decreasing significantly.


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