EAPC Workshop on International Humanitarian Law and Multinational Forces AREA OF COOPERATION 18: CON

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EAPC Workshop on International Humanitarian Law
and Multinational ForcesAREA OF COOPERATION 18
CONCEPTUAL PLANNING AND OPERATIONAL ASPECTS OF
PEACEKEEPINGLondon, United Kingdom, 20-21
November 2000Integration of International
Humanitarian Law into Military Operational
Procedures and Planningby Maj Gen Joseph
Schärli, Head of Directorate for Peace Support
and Security Cooperation of the Swiss General
Staff
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INTEGRATION OF INTERNATIONAL HUMANITARIAN LAW
INTO MILITARY OPERATIONAL PROCEDURES AND PLANNING
MGen Dr. J. Schärli
SWISS ARMED FORCES
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Outline1. Opening remarks 2. The legal
framework of military operations 3. Practical
aspects of LOAC implementation 4. Special
aspects in PSO 5. Conclusions
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various treaties and and customary law
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various treaties and and customary law
PSO ??
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Law and Reality ROE
Force Protection
LOAC
Political Intention
ROE
Mandate
Human Rights
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MNF The Issue of Different Standards
Treaty D
C O N T I N G E N T 1
C O N T I N G E N T 2
B e s t s t a n d a r d
Treaty C
C O N T I N G E N T 3
CONT 4
Treaty B
Treaty A
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MILITARY


Mission to defend the country


Engage the enemy, usually organized armed forces,
force him to surrender


Massive use of force to achieve rapid victory

war

Fire
from a
distance, at military targets


LOAC
(Human Rights)
PSO


Mission to serve and protect, restore/maintain
law and order


Individual offenders, citizens

peace

Non violent means first, minimum force


Use of firearm as
last resort


National Law, Human Rights
(LOAC)
POLICE
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Elements for Success in PSO
PUBLIC SUPPORT
MEDIA
PSO
LEGITIMACY
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IHL in Military Operations
Strategic Level

• Mandate and mission
• Force composition
• Preparation prior to deployment (training)
• Weapons
• Specific Restrictions (use of force, targeting,
  etc.)

Operational / Theatre Level

• Staff procedures
• Rules of Engagement
• Rules of Behaviour
• Dress Code
• Command and Control

Tactical Level (contingent, unit, individual)
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Requirements for Legal Advice

• On time
• Userfriendly
• Clear, concise, correct
• Solution - oriented

Legal Information
User of Legal Information
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LOAC in Staff Work
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LOAC in Staff Work
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LOAC in Staff Work
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LOAC in Staff Work
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LOAC in Staff Work
Commander Overall responsibility
COS
G 5

• Liaision to civil authorities/
  organizations
• Warning of civilians
• Media

G 1
G 2
G 3
G 4
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Conclusions

• Legal framework defined with precision and in
  good faith
• Legal rules applied at all levels by all
  personnel involved
• Adequate monitoring
• Sanctions in case of violations

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THANK YOU FOR YOUR ATTENTION