PHAP: Learning sessions and webinars

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OLS HLP 15. Strike at Kunduz - an IHL analysis (with Prof Robin Geiss) Feb 08, 2016

Show notes

Main speaker: Robin Geiß, Professor of International Law and Security, School of Law, University of Glasgow
On 3 October 2015, a Médecins Sans Frontières (MSF) hospital in Kunduz, Afghanistan, was destroyed in a strike carried out by the United States Air Force. 22 civilians were killed - 12 MSF staff members and ten patients; 37 individuals were injured, including 19 MSF staff. Condemnation of the operation was swift, including from MSF which "condemn[ed] in the strongest possible terms the horrific aerial bombing ... [which] constitutes a grave violation of International Humanitarian Law." President Obama apologized to MSF, and the United States government has announced it will issue "condolence payments."
Was this a war crime? Any analysis of the question centers on the IHL principles of distinction, proportionality and precautions in attack. It also raises the fundamental protections afforded civilians and civilian objects under IHL, as well as those special protections for medical personnel and hospitals. Any answer to this question requires a thorough and independent investigation, so as to determine the facts on the ground. This raises a host of additional questions, including the obligation of states to investigate and prosecute (if appropriate) in cases like this, as well as the potential role of the International Humanitarian Law Fact-Finding Committee. The Commission, set up under the Geneva Conventions, can investigate violations of IHL - but it has not been used before.
This learning session will serve as a case study to apply the areas covered in previous sessions in the series. It will review the various legal questions related to the strike, including the relevant rules of targeting, the protections afforded medical staff and hospitals, and what investigation and accountability looks like.
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-15

OLS HLP 14. Legal foundations for humanitarian access (with Elizabeth Holland) Feb 08, 2016

Show notes

Main speaker: Elizabeth Holland, Consulting Expert on IHL, PHAP
International humanitarian law (IHL) establishes a number of provisions designed to enhance protections for civilians in armed conflict. The provision of humanitarian assistance, and securing the requisite humanitarian access to do so, are critical to addressing the suffering of the civilian population. IHL provides a legal basis for humanitarian actors to engage with parties to the conflict. It presents a common set of concepts, principles, and terminology that can inform negotiations as well as policy and operational decisions. Understanding what IHL says – and does not say – in terms of humanitarian access is critical for humanitarians. This event introduces the concept of humanitarian access and highlight the relevant IHL terminology and rules and presents some of the key challenges to this concept.
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-14

OLS HLP 13. Unpacking the concept of direct participation in hostilities (with Anne Quintin) Feb 08, 2016

Show notes

Main speaker: Anne Quintin, Head of Sector for Legal Training at the International Committee of the Red Cross (ICRC)
International humanitarian law (IHL) establishes rules to protect civilians during armed conflict. One of the most important dictates that “civilians [shall not be the object of attack], unless and for such time as they take a direct part in hostilities.” This standard, known as “directly participating in hostilities,” sets the threshold for when civilians may lose the protection from direct attack he or she is otherwise afforded under IHL.
On 14 October, PHAP hosted a session introducing the concept of direct participation with Anne Quintin, Head of Sector for Legal Training at the International Committee of the Red Cross (ICRC). The session reviewed the various criteria used to determine whether an individual is directly participating, and present key contemporary debates, including the application of this concept to the use of drone strikes.
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-13

OLS HLP 12. Independence - Practical dilemmas of principled action (with Sean Lowrie) Feb 02, 2016

Show notes

Main speaker: Sean Lowrie, Director of the START Network
This learning session provides a more in-depth treatment of the principle of independence, focusing on practical dilemmas in its application and humanitarian funding mechanisms.

OLS HLP 11. Neutrality - Practical dilemmas of principled action (with Kate Mackintosh) Feb 02, 2016

Show notes

Main speaker: Kate Mackintosh
This learning session provides a more in-depth treatment of the principle of neutrality, focusing on practical dilemmas in its application.
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-11

OLS HLP 10. International criminal law and its role in addressing violations of IHL (with Prof Chris Jenks) Feb 02, 2016

Show notes

Main speaker: Chris Jenks, Assistant Professor of Law, SMU Dedman School of Law
How can international humanitarian law (IHL) be implemented and enforced? International criminal law (ICL) plays an important role in this respect, placing responsibility on individual persons for serious atrocities including genocide, war crimes, crimes against humanity, and the crime of aggression.
On 29 September, PHAP members and guests had the opportunity to delve into this topic with Chris Jenks, a law professor with previous experience in the U.S. Army and the co-editor of a forthcoming war crimes casebook. The session will begin with a briefing on ICL and its relevance to humanitarian actors, focusing on its core principles, main instruments, scope of application, and relationship with IHL. This was followed by an opportunity for Q&A and discussion.
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-10

OLS HLP 9. Impartiality - Practical dilemmas of principled action (with Jérémie Labbé) Feb 02, 2016

Show notes

Main speaker: Jérémie Labbé, Head of Project for Principles Guiding Humanitarian Action, International Committee of the Red Cross (ICRC)
This learning session will provide a more in-depth treatment of the principle of impartiality, focusing on practical dilemmas in its application.
Learning objectives:
- Understanding of the core humanitarian principle of impartiality, both in its definition and its implementation.
- Knowledge of examples of the practical implications of impartiality in the course of humanitarian action.
- Understanding of the nature of challenges and dilemmas involved in translating impartiality into operations.
- Familiarity with the role that impartiality plays within the RCRC, as both a goal and as a tool
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-9

OLS HLP 8. Human rights law in situations of armed conflict (with Prof John Cerone) Jan 31, 2016

Show notes

Main speaker: John Cerone, Paul Martin Senior Professor in International Affairs and Law at the University of Windsor Faculty of Law
International law plays a central role in the protection of civilians in armed conflict, and both international humanitarian law (IHL) and international human rights law (IHRL) establish important principles and rules. This session will provide an introduction to the application of IHL and IHRL to situations of armed conflict, looking at fundamental issues including the circumstances in which IHRL applies, who has rights and obligations under IHRL, derogation from treaty obligations, the question of co-application, and the extraterritorial application of human rights. The session aims to provide participants with the basic knowledge necessary to follow upcoming learning sessions focusing on current humanitarian crises.
In particular, the session will address the following questions:
- Under what circumstances does IHRL apply? How does this differ from the applicability of IHL?
- Who has rights under IHL and IHRL? Who has obligations under IHL and IHRL? Who can bring a claim for violations of IHL and IHRL? Who may be held liable for violations of IHL and IHRL?
- What is derogation from treaty obligations, and under what circumstances may it be invoked?
- Do human rights obligations apply outside the territory of a state - in other words, is there extraterritorial applicability of IHRL?
- If IHL and IHRL both address the same type of situations – for instance, detention or the use of lethal force – how do we know which body of law to apply? What is the lex specialis principle that is often cited in this context?
- What are the practical consequences of the current debates concerning the relationship between IHL and IHRL, in particular the legal and operational issues resulting from co-application of the two frameworks?
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-8

OLS HLP 7. Humanity - Practical dilemmas of principled action (with Dr Hugo Slim) Jan 31, 2016

Show notes

Main speaker: Dr Hugo Slim, Head of Policy at the International Committee of the Red Cross (ICRC)
This learning session will provide a more in-depth treatment of the principle of humanity, focusing on practical dilemmas in its application. Directly following this learning session, a discussion and consultation event in support of the World Humanitarian Summit was organized on the same topic.
Learning objectives
- Understanding of the core humanitarian principle of humanity, both in its definition and its implementation.
- Knowledge of examples of the practical implications of humanity in the course of humanitarian action.
- Understanding of the nature of challenges and dilemmas involved in translating humanity into operations.
- Familiarity with the role that humanity plays within the ICRC, and in their interactions with other actors.
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-7

OLS HLP 6. Advanced learning session on humanitarian principles (with Marc DuBois) Jan 31, 2016

Show notes

Main speaker: Marc DuBois, Consulting Expert on Humanitarian Principles, PHAP
In September and October 2015, PHAP is organizing a special series of live online discussions structured around the principles of humanity, impartiality, neutrality, and independence. As part of the association’s support to the World Humanitarian Summit process, the focus of these events is less on theoretical definitions and more on the operational implications of these principles. The aim is not to “consult” directly on the principles, but rather to discuss – within the context of the principles – a series of problematic issues that have come under debate in the larger Summit consultation process.
This opening session acts as an introduction to the ensuing four events on the individual principles. It will ensure that participants understand the nature of the challenges and dilemmas involved in translating principles into operational decisions. The session will delineate the practical implications of the principles for humanitarian actors and highlight the central role of principles in interactions with government, military, and other actors. It will also emphasize the interrelationship among the four principles, providing a basis for the next sessions, which will focus in on issues that are primarily related to each of the four principles individually.
The event builds on PHAP’s learning session earlier this year, which focused on the how the core humanitarian principles relate to international humanitarian law.
For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-6

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