Rules: With regard to international armed conflicts, the four Geneva Conventions (GC I to IV) and Additional Protocol I and II contain various provisions specifically dealing with both of Prisoners of War, Civilians protection to prevent any kind of violations that may happen toward them. The Forth Geneva convention relative to the Protection of Civilian Persons in Time of War has set rules governing the issue of civilians who found themselves under enemy’s possession. Article 5 of the 4th GC has identified who are protected persons with putting conditions to be considered as protected with the privileges of having the statue of protected persons at article 27 of the same convention. Third Geneva Convention in particular has recognized group of rights with regarded to POWs such as the right to be humanely treated at article 13, correspondence at article 71, the right to gain a sufficient food in quantity and quality at article 26 and the right to not be subjected to torture and question at article 17 where every prisoner of war “when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information” Moreover, the use of weapons and means that have indiscriminate effects such as poisonous gas and bombs which also would aggravate the suffering recognized as prohibited to use due to the amount of damage it causes upon civilians as well as the environment
The poor drafting of the WPR since the sections of the War Powers Resolution does not mention for example any procedures or what the congress can do when the president choose not to comply with the resolution. In addition the Congress unwillingness to enforced it over the years made it unsuccessful to be fully functional, that is why the United States Presidents had exploited some faults in the War Powers Resolution to undermine it, however the Congress, has the absolute powers to enforce it yet they did not, and so the WPR came through ups and downs due to its disadvantageous text and vagueness and resulted in ongoing tug of war in the Congress itself between the House and the Senate (Teacher. Law, 2013). If we look to the main function behind
Nothing can be more gripping as reading the accounts of a POW survivor. It cannot be overstated that Communist treatment of captured soldiers and civilians violated the rules of the Geneva Convention of 1949. First Lieutenant Wadie J. Rountree recounts his capture by North Korean soldiers after only a week in action. On July 11, 1950, Lt. Rountree and his platoon were captured and began what was called the "death march" along with 300 other captives. With their boots confiscated, captives too exhausted to continue the march were shot and left behind.
Since its enactment in 1973, The War Powers Resolution has been a point of tension between the executive and legislative branches. It is a resolution that prompts the commander in chief to exercise his war powers “only pursuant to a declaration of war, specific statutory authorization from Congress, or a national emergency created by an attack upon the United States.” It places a set of requirements on the president for the introduction of armed forces into hostilities, including a forty-eight hour period for the notification of congress, and a sixty day period for withdrawal of troops in the absence of a war declaration, with an additional thirty days for the safe removal of troops. It also requires the president to consult with congress when
Many have said that they would want nonlethal torture to be used in such cases but “did not want torture to be officially recognized by our legal system.” Similar statements have posited that while “torture might be necessary in a given situation it could never be right.” This approach, that of keeping torture off-the-books, is in direct conflict with the necessity for accountability and transparency in a democracy. A democracy cannot work if the public is kept in the dark. The public must know what is going on in order to approve or disapprove.
The result of this victory enabled the following event to transpire: the Constitutional Convention. In 1787, four years after the American Revolution ended, George Washington and fellow influential people met in Philadelphia. The before them was imperative to the newly independent nation’s success. The newly formed Government needed to replace the Articles of Confederation, which had been hastily put together after the American Revolution. There needed to be a permanent and binding document that would unify the states as opposed to individual state power.
Inhuman acts have been occurring in the world since humans have been on the earth. Due to this fact we needed to have some rules to war. We all know war is brutal and hard on not only the people who are fighting but also the people who are strictly caught in the crossfire. We as a united world saw that some of the things that were happening were not ok even during the height of war. This is why the united nations created the Geneva Conventions and have continued to ratify them throughout time.
Furthermore, one must keep in mind the term “civilians”. While torture and abuse are in and of themselves truly unethical, it is made even more so by the fact that these actions were taken against civilians, who by rights had little to no actual influence upon the fighting itself, and could hardly have been found guilty of anything occuring there. This simply seeks to enforce how easily the process of dehumanization can cause people to perform heinous and cruel acts upon other, at times even innocent
Held for the purpose of bringing Nazi war criminals to justice, the Nuremberg trials were a series of 13 trials carried out in Nuremberg, Germany, between 1945 and 1949. The defendants, who included Nazi Party officials and high-ranking military officers along with German industrialists, lawyers and doctors, were indicted on such charges as crimes against peace and crimes against humanity. Nazi leader Adolf Hitler (1889-1945) committed suicide and was never brought to trial. Although the legal justifications for the trials and their procedural innovations were controversial at the time, the Nuremberg trials are now regarded as a milestone toward the establishment of a permanent international court, and an important precedent for dealing with
The individual freedoms guaranteed by our founding fathers and written in the constitution, become the first causalities when our leaders decide to declare war. The first ten Amendments of the Constitution, commonly known as the Bill of Rights are the foundation of this nation’s laws, and is the benchmark of how our government treats the citizenry. Many times in our history leaders took actions to suspend personal freedoms in the name of “war”. A few examples are, the killing and repatriation of the Native American, the Japanese and German internment camps during World War II in the name of war and national security concerns. For the purposes of this paper the main focus will be on the time from the 1950’s to today.
What about the Geneva Accords? What
The author believes that the thoughts of enlightened societies are unwise and ascertains that there are situations whereby torture becomes morally mandatory in dealing with terrorists.
Donald Trump supports leaving Guantanamo Bay open. In a leaked memo Donald Trump stated he would detain American ISIS supporters. While on the other hand Marco Rubio expressed his apprehension on closing Guantanamo Bay. Rubio stated “Closing the prison at Guantanamo Bay and returning terrorists to the battlefield or even worse, bringing them to the United States, will not make America safer or convince those who hate us and our way of life to give up the fight.” Ted Cruz believes America should keep Guantanamo Bay open.
The ill treatment innocent civilians and even prisoners far exceed those within their rights as a human. Torture and death have been ways to garner fear within those they hold power. Despite this, efforts to curb abuse have been carried by the governments and they “pledged to start a new program to eliminate torture” (Ahmed). There is a hope that human rights abuses will improve over time but it is up to the people and governments to take the stand against the
Established in 1945 after the World War II, United Nations Security Council is the most powerful organ among the six organs in United Nations with the authorized power to issue legally binding resolutions. This council consists of 15 members, 5 Permanent Members – the United States, the United Kingdom, France, Russia and China – and 10 Non-Permanent Members voted by the UNGA for 2 years term. According to the charter, the responsibility of UNSC is to maintain international peace and security. It determines the threat to peace and act of aggressor; moreover, it investigates any disputes between the UN Member states. The United Nations Security Council also has the military force to prevent or stop the aggressor.
1- The generalities of ensuring humanitarian law 1 -1- The concept of ensuring humanitarian law Humanitarian law is a part of the war law and it is a set of international legal rules governing wartime, which have mainly a protective aspect: protection of people- including military or civilian- demilitarized property and objectives and the requirements for the belligerent people and countries to observe given protections during the conflict. Ensuring Humanitarian law is various reactions known in armed hostilities law when the law is not observed or there is a violation. 1