Workshop for Central Asian Participating States on the Implementation of CSBMs in Vienna

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Training for Peacekeeping Operations (PSO) on
International Humanitarian Law (IHL)
6th Swiss Partnership for Peace Workshop - The
OSCE Code of conductLic. iur. Fabian Kuehner,
legal advisor SWISSCOY, fabian.kuehner_at_gst.admin.c
h, www.loac.ch
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Contents
1. IHL and its connection with PSO2. Lessons
learned from recent PSO3. Training on IHL4.
Implementation of IHL in daily field business5.
Example IHL training for Swisscoy6.
Questions/answers
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Why IHL Training for PSO?
Knowledge of law is an essential condition
for its effective application. One of the worst
enemies of the Geneva Conventions is ignorance.
Jean Pictet, Commentary on the Geneva
Conventions, Geneva 1952
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Applicable law
LOAC
PSO
IHL
HR
HR
National law
National law
Peace
War
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IHL PSO ???

• IHL is not designed for PSO (PKO) but for armed
  conflicts
• IHL provides important minimal standards for PSO
• IHL must influence UN-Resolutions, Peace keeping
  agreements, RoE, SOFA, etc.
• IHL sets rules for defensive actions of PK-forces
• Behavior of PSO personnel according to IHL is a
  key to a successful mission

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Lessons learned from recent PSO (Somalia, former
Yugoslavia, Kosovo)

• Basic knowledge of IHL in all units and all ranks
  of armed forces
• detailed knowledge for commanding officers
• specialists are inevitable
• special IHL-training for designated PSO personnel
  
• training, training, training

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Contents of training on IHL

• Solid basic theoretical background
• implementation of theoretical knowledge in daily
  business and field exercises
• documentation (manuals, pocket sheets,
  memorandums, etc.)
• refreshment training

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Implementation of IHL in daily field business

• Application of IHL must be learned
• exercise case studies
• IHL must have an influence on strategic,
  operational, tactical decisions
• exercise mission planning according to IHL
• IHL is often forgotten under certain
  circumstances (stress, etc.)
• exercise role plays, simulations

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OUR TEACHING PHILOSOPHY ON IHL
1. Train the trainers 2. Need-to-know 3.
Integration into military excercises 4.
Attractive and effective teaching tools
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Example IHL-training for the Swiss contingent
in KFOR (SWISSCOY)
General IHL training for all personnel in basic
military service
Detailed IHL training for all SWISSCOY personnel
in pre- deployment course (8 weeks)
Legal advisor within SWISSCOY with expert
knowledge of IHL
Methods theoretical lessons, case studies, role
plays, documentation
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Questions/answers