1.
Prisoner of war
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A prisoner of war is a person, whether combatant or non-combatant, who is held in custody by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the prisoner of war dates to 1660. The first Roman gladiators were prisoners of war and were named according to their ethnic roots such as Samnite, Thracian, typically, little distinction was made between enemy combatants and enemy civilians, although women and children were more likely to be spared. Sometimes, the purpose of a battle, if not a war, was to capture women, a known as raptio. Typically women had no rights, and were legally as chattel. For this he was eventually canonized, during Childerics siege and blockade of Paris in 464, the nun Geneviève pleaded with the Frankish king for the welfare of prisoners of war and met with a favourable response. Later, Clovis I liberated captives after Genevieve urged him to do so, many French prisoners of war were killed during the Battle of Agincourt in 1415. In the later Middle Ages, a number of religious wars aimed to not only defeat, in Christian Europe, the extermination of heretics was considered desirable. Examples include the 13th century Albigensian Crusade and the Northern Crusades, likewise, the inhabitants of conquered cities were frequently massacred during the Crusades against the Muslims in the 11th and 12th centuries. Noblemen could hope to be ransomed, their families would have to send to their captors large sums of wealth commensurate with the status of the captive. In feudal Japan there was no custom of ransoming prisoners of war, in Termez, on the Oxus, all the people, both men and women, were driven out onto the plain, and divided in accordance with their usual custom, then they were all slain. The Aztecs were constantly at war with neighbouring tribes and groups, for the re-consecration of Great Pyramid of Tenochtitlan in 1487, between 10,000 and 80,400 persons were sacrificed. During the early Muslim conquests, Muslims routinely captured large number of prisoners, aside from those who converted, most were ransomed or enslaved. Christians who were captured during the Crusades, were either killed or sold into slavery if they could not pay a ransom. The freeing of prisoners was highly recommended as a charitable act, there also evolved the right of parole, French for discourse, in which a captured officer surrendered his sword and gave his word as a gentleman in exchange for privileges. If he swore not to escape, he could gain better accommodations, if he swore to cease hostilities against the nation who held him captive, he could be repatriated or exchanged but could not serve against his former captors in a military capacity. Early historical narratives of captured colonial Europeans, including perspectives of literate women captured by the peoples of North America. The writings of Mary Rowlandson, captured in the fighting of King Philips War, are an example
2.
Treaties
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A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention, pact, or exchange of letters, regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same. A treaty is an official, express written agreement that states use to bind themselves. Since the late 19th century, most treaties have followed a consistent format. A treaty typically begins with a preamble describing the parties and their joint objectives in executing the treaty. Modern preambles are sometimes structured as a very long sentence formatted into multiple paragraphs for readability. The end of the preamble and the start of the agreement is often signaled by the words have agreed as follows. After the preamble comes numbered articles, which contain the substance of the actual agreement. Each article heading usually encompasses a paragraph, a long treaty may further group articles under chapter headings. The date is written in its most formal, longest possible form. For example, the Charter of the United Nations was DONE at the city of San Francisco the twenty-sixth day of June, one nine hundred. If the treaty is executed in multiple copies in different languages, that fact is always noted, the signatures of the parties representatives follow at the very end. Bilateral treaties are concluded between two states or entities, each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties, the parties are divided into two groups, the Swiss and the EU and its member states. The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU, a multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party, Treaties of mutual guarantee are international compacts, e. g. the Treaty of Locarno which guarantees each signatory against attack from another. Reservations are essentially caveats to an acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and these must be included at the time of signing or ratification, i. e. a party cannot add a reservation after it has already joined a treaty
3.
Geneva Conventions
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The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment in war. The treaties of 1949 were ratified, in whole or with reservations, the Swiss businessman Henry Dunant went to visit wounded soldiers after the Battle of Solferino in 1859. He was shocked by the lack of facilities, personnel, as a result, he published his book, A Memory of Solferino, in 1862, on the horrors of war. The latter led to the 1864 Geneva Convention, the first codified international treaty that covered the sick, for both of these accomplishments, Henry Dunant became corecipient of the first Nobel Peace Prize in 1901. The ten articles of this first treaty were initially adopted on 22 August 1864 by twelve nations, on 20 October 1868 the first, unsuccessful, attempt to expand the 1864 treaty was undertaken. With the Additional Articles relating to the Condition of the Wounded in War an attempt was undertaken to clarify some rules of the 1864 convention, the Articles were signed but never ratified by all parties. Only the Netherlands and the United States ratified the Articles, the Netherlands later withdrew their ratification. The protection of the victims of warfare would later be realized by the third Hague Convention of 1899. In 1906 thirty-five states attended a conference convened by the Swiss government and it remained into force until 1970 when Costa Rica acceded to the 1949 Geneva Conventions. The 1929 conference yielded two conventions that were signed on July 27th 1929, one, the Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field, was the third version to replace the original convention of 1864. The other was adopted after experiences in World War I had shown the deficiencies in the protection of prisoners of war under the Hague Conventions of 1899 and 1907. The Convention relative to the Treatment of Prisoners of War was not to replace these earlier conventions signed at The Hague, the Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea replaced the Hague Convention of 1907. It was the first Geneva Convention on the protection of the victims of warfare and mimicked the structure. The Third Geneva Convention relative to the Treatment of Prisoners of War replaced the 1929 Geneva Convention that dealt with prisoners of war. In addition to these three conventions, the conference added a new elaborate Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. It was the first Geneva Convention not to deal with combatants, the 1899 and 1907 Hague Conventions had already contained some provisions on the protection of civilians and occupied territory. Article 154 specifically provides that the Fourth Geneva Convention is supplementary to these provisions in the Hague Conventions, despite the length of these documents, they were found over time to be incomplete. In light of developments, two Protocols were adopted in 1977 that extended the terms of the 1949 Conventions with additional protections
4.
Civil war
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The aim of one side may be to take control of the country or a region, to achieve independence for a region or to change government policies. The term is a calque of the Latin bellum civile which was used to refer to the civil wars of the Roman Republic in the 1st century BC. A civil war is a high-intensity conflict, often involving regular armed forces, Civil wars may result in large numbers of casualties and the consumption of significant resources. Most modern civil wars involve intervention by outside powers, according to Patrick M. Civil wars since the end of World War II have lasted on average just over four years, a dramatic rise from the one-and-a-half-year average of the 1900–1944 period. For example, there were no more than five civil wars underway simultaneously in the first half of the 20th century while there were over 20 concurrent civil wars close to the end of the Cold War. Since 1945, civil wars have resulted in the deaths of over 25 million people, ann Hironaka further specifies that one side of a civil war is the state. The intensity at which a civil disturbance becomes a war is contested by academics. Some political scientists define a civil war as having more than 1000 casualties, the Correlates of War, a dataset widely used by scholars of conflict, classifies civil wars as having over 1000 war-related casualties per year of conflict. Based on the 1000 casualties per year criterion, there were 213 civil wars from 1816 to 1997,104 of which occurred from 1944 to 1997. If one uses the less-stringent 1000 casualties total criterion, there were over 90 civil wars between 1945 and 2007, with 20 ongoing civil wars as of 2007. The Geneva Conventions do not specifically define the term civil war and this includes civil wars, however no specific definition of civil war is provided in the text of the Conventions. That the legal Government is obliged to have recourse to the military forces against insurgents organized as military. That the insurgents have an organization purporting to have the characteristics of a State and that the insurgent civil authority exercises de facto authority over the population within a determinate portion of the national territory. That the armed forces act under the direction of an authority and are prepared to observe the ordinary laws of war. That the insurgent civil authority agrees to be bound by the provisions of the Convention, scholars investigating the cause of civil war are attracted by two opposing theories, greed versus grievance. Scholarly analysis supports the conclusion that economic and structural factors are more important than those of identity in predicting occurrences of civil war, a comprehensive study of civil war was carried out by a team from the World Bank in the early 21st century. A second source of finance is national diasporas, which can fund rebellions, the study found that statistically switching the size of a countrys diaspora from the smallest found in the study to the largest resulted in a sixfold increase in the chance of a civil war. Opportunity cost of rebellion Higher male secondary school enrollment, per capita income, the study interpreted these three factors as proxies for earnings forgone by rebellion, and therefore that lower forgone earnings encourage rebellion
5.
Military
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The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their body and to defend that body. Armed force is the use of armed forces to achieve political objectives, the study of the use of armed forces is called military science. Broadly speaking, this involves considering offense and defense at three levels, strategy, operational art, and tactics, all three levels study the application of the use of force in order to achieve a desired objective. In most countries the basis of the forces is the military. However, armed forces can include other paramilitary structures, the obvious benefit to a country in maintaining armed forces is in providing protection from foreign threats and from internal conflict. In recent decades armed forces personnel have also used as emergency civil support roles in post-disaster situations. On the other hand, they may harm a society by engaging in counter-productive warfare. Expenditure on science and technology to develop weapons and systems sometimes produces side benefits, although some claim that greater benefits could come from targeting the money directly
6.
Judicial
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes, in some nations, under doctrines of separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, the Judiciary is often tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review, Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive, the latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics and it is important to distinguish between the two methods of corruption of the judiciary, the state, and the private. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law, in common law jurisdictions, courts interpret law, this includes constitutions, statutes, and regulations. They also make law based upon prior case law in areas where the legislature has not made law, for instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law, in civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a role to case law. State courts, which try 98% of litigation, may have different names and organization, trial courts may be called courts of common plea, appellate courts superior courts or commonwealth courts. The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In France, the authority on the interpretation of the law is the Council of State for administrative cases. In the Peoples Republic of China, the authority on the interpretation of the law is the National Peoples Congress. Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court, in this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices and this number has been changed several times. Japans process for selecting judges is longer and more stringent than the process in the United States, assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney
7.
Militia
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For instance, the members of some U. S. Army National Guard units are considered professional soldiers, as they are trained to maintain the same standards as their full-time counterparts. Militias thus can be military or paramilitary, depending on the instance, some of the contexts in which the term militia is used include, Forces engaged in defense activity or service, to protect a community, its territory, property, and laws. The entire able-bodied population of a community, town, county, or state, a subset of these who may be legally penalized for failing to respond to a call-up. A subset of these who actually respond to a call-up, regardless of legal obligation, a private, non-government force, not necessarily directly supported or sanctioned by its government. An irregular armed force enabling its leader to exercise military, economic, an official reserve army, composed of citizen soldiers. Called by various names in different countries, such as the Army Reserve, National Guard, the national police forces in several former communist states such as the Soviet Union and the Warsaw Pact countries, but also in the non-aligned SFR Yugoslavia. The term was inherited in Russia and other former CIS countries, in France the equivalent term Milice has become tainted due to its use by notorious collaborators with Nazi Germany. A select militia is composed of a small, non-representative portion of the population, as regular military forces were insufficient to counter the British attackers, Santiago de Liniers drafted all males in the city capable of bearing arms into the military. These recruits included the peoples, who ranked low down in the social hierarchy. With these reinforcements, the British armies were twice defeated, the militias became a strong factor in the politics of the city afterwards, as a springboard from which the criollos could manifest their political ambitions. They were a key element in the success of the May Revolution, a decree by Mariano Moreno derogated the system of promotions involving criollos, allowing instead their promotion on military merit. The Argentine Civil War was waged by militias again, as both federalists and unitarians drafted common people into their ranks as part of ongoing conflicts and these irregular armies were organized at a provincial level, and assembled as leagues depending on political pacts. This system had declined by the 1870s, mainly due to the establishment of the modern Argentine Army, provincial militias were outlawed and decimated by the new army throughout the presidential terms of Mitre, Sarmiento, Avellaneda and Roca. Armenian militia also played a role in the Georgia-Abkhazia War of 1992–1993, in the Colony of New South Wales Governor Lachlan Macquarie proposed a colonial militia but the idea was rejected. Governor Ralph Darling felt a mounted force was more efficient than a militia. A military volunteer movement attracted wide interest during the Crimean War, following Federation, the various military reserve forces of the Commonwealth of Australia became the Citizen Military Force. In the beginning, members didnt have uniforms and often paraded in business attire and they were given instruction on guerrilla warfare, and later the private organization was taken over by the Australian Government and became part of the Australian Military Forces. After World War I, multiple militias formed as soldiers returned home to their villages, only to many of them occupied by Slovene
8.
Military volunteer
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A military volunteer is a person who enlists in military service by free will, and is not a mercenary or a foreign legionnaire. Volunteers often enlist to fight in the forces of a foreign country. Military volunteers are essential for the operation of volunteer militaries, many armies, including the U. S. Army, formerly distinguished between United States Volunteers enlisted during a war, and regulars who served on long-term basis. Troops raised as state militia were always volunteers, while U. S. troops could be volunteers or regulars, the rank of an officer in a volunteer unit was separate from his rank as a regular, and usually higher. When the volunteer forces were disbanded at the end of the war, for instance, George Armstrong Custer became a brigadier general of volunteers during the American Civil War, but when the war ended, he reverted to captain. Volunteer rank should not be confused with brevet rank, the move to a volunteer over conscription force for a national military appears to improve, at least for the United States, the professionalism of its standing armed forces. Military volunteer Foreign volunteers Sar-El, national project for volunteers for Israel SAF Volunteer Corps, volunteer scheme for the Singapore Armed Forces
9.
Resistance movement
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It may seek to achieve its objectives through either the use of nonviolent resistance, or the use of force, whether armed or unarmed. The term resistance is used to designate a movement considered legitimate. Organizations and individuals critical of foreign intervention and supporting forms of organized movement tend to favor the term, when such a resistance movement uses violence, those favorably disposed to it may also speak of freedom fighters. More recently the 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, in which peoples are fighting against colonial domination and alien occupation and against racist regimes. This phraseology contains many ambiguities that cloud the issue of who is or is not a legitimate combatant, ultimately, the distinction is a political judgment. The modern usage of the term Resistance originates from the self-designation of many movements during World War II, the term is still strongly linked to the context of the events of 1939–45, and particularly to opposition movements in Axis-occupied countries. Using the term resistance to designate a movement meeting the definition prior to World War II might be considered by some to be an anachronism. However, such movements existed prior to World War II, and there have been many after it – for example in struggles against colonialism, Resistance has become a generic term that has been used to designate underground resistance movements in any country. Resistance movements can include any irregular armed force that rises up against an enforced or established authority, government and this frequently includes groups that consider themselves to be resisting tyranny. Some resistance movements are underground organizations engaged in a struggle for liberation in a country under military occupation or totalitarian domination. Any government facing violent acts from a resistance movement usually condemns such acts as terrorism, Resistance during World War II was mainly dedicated to fighting the Axis occupiers. Germany itself also had an anti-Nazi German resistance movement in this period, so, resistance is often understood as something that always opposes to power or domination. However, some scholars believe and argue that looking at resistance in relation to only power and domination will not provide us a full understanding of the actual nature of resistance. Not all power, domination or oppression leads to resistance, and not all cases of resistance are against or to oppose what we categorize as “power. ”In fact, they believe that resistance has its own characteristics and spatialities. There are various forms of resistance for various reasons, which then can be, again, different geographical spaces can also make different forms of resistance possible or impossible and more effective or less effective. The reason is that these variations can define the nature and outcome of resistance and he compared this accident with a similar fire accident at Triangle Shirtwaist Company, New York,1911, killing 146 workers, which caused a labor resistance by 100,000 people. For an effective resistance, he proposed that four tasks should be undertaken, There are many forms of resistance in relations to different power dominations and actors. Moreover, some other resistance takes place in order to resist or question the norms or discourse or in order to challenge a global trend called globalization
10.
Protocol I
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As of June 2013, it had been ratified by 174 states, with the United States, Israel, Iran, Pakistan, India, and Turkey being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977, protocol I is an extensive document, containing 102 articles. Following is an overview of the protocol. For a comprehensive listing of all provisions, consult the text, in general, the protocol reaffirms the provisions of the original four Geneva Conventions. However, the additional protections are added. Article 42 outlaws attacks on pilots and aircrews who are parachuting from an aircraft in distress, airborne troops who are parachuting from an aircraft, whether in distress or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent. Articles 51 and 54 outlaw indiscriminate attacks on civilian populations, and destruction of food, water, indiscriminate attacks include directly attacking civilian targets, but also using technology such as biological weapons, nuclear weapons and land mines, whose scope of destruction cannot be limited. A total war that does not distinguish between civilian and military targets is considered a war crime, articles 56 and 53 outlaw attacks on dams, dikes, nuclear generating stations, and places of worship. The first three are works and installations containing dangerous forces and may be attacked but only in ways that do not threaten to release the dangerous forces. Articles 76 and 77,15 and 79 provide special protections for women, children, and civilian medical personnel, Article 77 forbids conscription of children under age 15 into the armed forces. It does allow, however, for persons under the age of 15 to participate voluntarily, articles 43 and 44 clarify the military status of members of guerrilla forces. Combatant and prisoner of war status is granted to members of dissident forces when under the command of a central authority, such combatants cannot conceal their allegiance, they must be recognizable as combatants while preparing for or during an attack. Article 35 bans weapons that cause injury or unnecessary suffering, as well as means of warfare that cause widespread, long-term. Article 85 states that it is a war crime to use one of the protective emblems recognized by the Geneva Conventions to deceive the opposing forces, articles 17 and 81 authorize the ICRC, national societies, or other impartial humanitarian organizations to provide assistance to the victims of war. 74 states have such a declaration. Bothe, K. J. Partsch, W. A. Solf, Pub, Martinus Nijhoff The Hague/Boston/London,1982, ISBN 90-247-2537-2 U. S. President Ronald Reagans message to the Senate on Protocols I & II
11.
Law of war
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The law of war is a legal term of art that refers to the aspect of public international law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct. Attempts to define and regulate the conduct of individuals, nations, the earliest known instances are found in the Mahabharata and the Torah. One should not assail someone in distress, neither to him nor to defeat him. War should be waged for the sake of conquest, one should not be enraged toward an enemy who is not trying to kill him and you may eat from them, but you shall not cut them down. Are the trees in the human, that they should be besieged by you. 20 Only the trees that you know are not trees for food you may destroy and cut down, also, Deuteronomy 20, 10–12, requires the Israelites to make an offer of peace to the opposing party before laying siege to their city. When you draw near to a city to fight against it,11 And if it responds to you peaceably and it opens to you, then all the people who are found in it shall do forced labor for you and shall serve you. 12 But if it makes no peace with you, but makes war against you, similarly, Deuteronomy 21, 10–14 requires that female captives who were forced to marry the victors of a war could not be sold as slaves. Do not commit treachery or deviate from the right path and you must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man, bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services, in the history of the early Christian church, many Christian writers considered that Christians could not be soldiers or fight wars. Augustine of Hippo contradicted this and wrote about just war doctrine, in medieval Europe, the Roman Catholic Church also began promulgating teachings on just war, reflected to some extent in movements such as the Peace and Truce of God. The impulse to restrict the extent of warfare, and especially protect the lives and property of non-combatants continued with Hugo Grotius, the modern law of war is made up from three principal sources, Lawmaking treaties — see § International treaties on the laws of war below. Not all the law of war derives from or has been incorporated in such treaties, such customary international law is established by the general practice of nations together with their acceptance that such practice is required by law. Certain fundamental principles provide basic guidance, for instance, the principles of distinction, proportionality, and necessity, all of which are part of customary international law, always apply to the use of armed force. Positive international humanitarian law consists of treaties which directly affect the laws of war by binding consenting nations, the opposite of positive laws of war is customary laws of war, many of which were explored at the Nuremberg War Trials. These laws define both the rights of states as well as prohibitions on their conduct when dealing with irregular forces and non-signatories
12.
International Red Cross and Red Crescent Movement
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The movements parts are, The International Committee of the Red Cross is a private humanitarian institution founded in 1863 in Geneva, Switzerland, by Henry Dunant and Gustave Moynier. Its 25-member committee has a unique authority under international law to protect the life. The ICRC was awarded the Nobel Peace Prize on three occasions, on an international level, the Federation leads and organizes, in close cooperation with the National Societies, relief assistance missions responding to large-scale emergencies. The International Federation Secretariat is based in Geneva, Switzerland, in 1963, the Federation was awarded the Nobel Peace Prize jointly with the ICRC. National Red Cross and Red Crescent Societies exist in every country in the world. Currently 190 National Societies are recognized by the ICRC and admitted as members of the Federation. Each entity works in its home country according to the principles of humanitarian law. In many countries, they are linked to the respective national health care system by providing emergency medical services. When he arrived in the town of Solferino on the evening of June 24, he toured the field of the Battle of Solferino. In a single day, about 40,000 soldiers on both sides died or were wounded on the field. Jean-Henri Dunant was shocked by the aftermath of the battle, the suffering of the wounded soldiers. He completely abandoned the original intent of his trip and for days he devoted himself to helping with the treatment. He succeeded in organizing an overwhelming level of assistance by motivating the local villagers to aid without discrimination. Back in his home in Geneva, he decided to write a book entitled A Memory of Solferino which he published using his own money in 1862. He sent copies of the book to leading political and military figures throughout Europe, in addition, he called for the development of international treaties to guarantee the protection of neutral medics and field hospitals for soldiers wounded on the battlefield. In 1863, Gustave Moynier, a Geneva lawyer and president of the Geneva Society for Public Welfare, received a copy of Dunants book, eight days later, the five men decided to rename the committee to the International Committee for Relief to the Wounded. In October 1863, the conference organized by the committee was held in Geneva to develop possible measures to improve medical services on the battlefield. Only one year later, the Swiss government invited the governments of all European countries, as well as the United States, Brazil, sixteen countries sent a total of twenty-six delegates to Geneva
13.
Code of the United States Fighting Force
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During the Korean War in the early 1950s, Chinese and North Korean forces captured American military personnel as prisoners of war. Unlike Americas previous wars, these American prisoners then faced a new enemy. Although collaborating with the enemy is nothing new, its ramifications caused considerable damage to the morale and survival of U. S. POWs during the Korean War, when the communists succeeded, a condition of distrust among the prisoners became the norm rather than the exception. Morale dropped and mutual assistance among the prisoners lessened, chaos followed and the failure of the POWs to care for their fellow prisoners resulted in a higher death rate and made the captives more amenable to accept the doctrine of their captors. One of the most elaborate propaganda efforts was the 1952 POW Olympics held in Pyuktong and this effort was publicized to show the world just how well the UN prisoners were treated. Of course, this was not the reality, very few American servicemen were mentally prepared to protect themselves from such barbaric treatment and intense indoctrination attempts. Through inhumane treatment and manipulation, many prisoners were forced to collaborate with the communists, after the termination of the hostilities in Korea and the subsequent release of American prisoners of war, twenty-one Americans chose to remain in China, refusing repatriation. The emotions and compassion of the public were aroused, as details of the inhumane treatment of U. S. POWs in communist prison camps surfaced during the trials. Notably, the code prohibits surrender except when all reasonable means of resistance exhausted, the authority for establishing the Code of Conduct, communication of intent, and assignment of responsibilities are outlined in the first three paragraphs of Executive Order 10631. All members of the Armed Forces of the United States are expected to measure up to the standards embodied in this Code of Conduct while in combat or in captivity. The Secretary of Defense shall take action as is deemed necessary to implement this order and to disseminate. The Code of Conduct provides guidance for the behavior and actions of members of the Armed Forces of the United States and this guidance applies not only on the battlefield, but also in the event that the service member is captured and becomes a prisoner of war. The Code is delineated in six articles, article I, I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense, article II, I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist, article III, If I am captured I will continue to resist by all means available. I will make every effort to escape and aid others to escape, I will accept neither parole nor special favors from the enemy. Article IV, If I become a prisoner of war, I will keep faith with my fellow prisoners, I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command, If not, I will obey the lawful orders of those appointed over me and will back them up in every way
14.
Command responsibility
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The Yamashita standard is based upon the precedent set by the United States Supreme Court in the case of Japanese General Tomoyuki Yamashita. He was prosecuted in 1945, in a controversial trial. Yamashita was charged with unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to war crimes. The Medina standard is based upon the 1971 prosecution of U. S. Army Captain Ernest Medina in connection with the My Lai Massacre during the Vietnam War. It holds that an officer, being aware of a human rights violation or a war crime. However, Medina was acquitted of all charges, in The Art of War, written during the 6th century BC, Sun Tzu argued that it was a commanders duty to ensure that his subordinates conducted themselves in a civilised manner during an armed conflict. The trial of Peter von Hagenbach by an ad hoc tribunal of the Holy Roman Empire in 1474, was the first international recognition of obligations to act lawfully. Hagenbach was put on trial for atrocities committed during the occupation of Breisach, found guilty of war crimes, despite the fact there was no explicit use of a doctrine of command responsibility it is seen as the first trial based on this principle. During the American Civil War, the concept developed further, as is seen in the Lieber Code and this regulated accountability by imposing criminal responsibility on commanders for ordering or encouraging soldiers to wound or kill already disabled enemies. In turn, those states may choose to punish their commanders, at such, the Hague Conventions of 1899 and 1907 has been viewed as a foundational root of modern doctrine of command responsibility. Since the end of the Cold War, private contractors have become prevalent in zones of conflict. Both political and legal scholars highlight the multiple challenges this has introduced when tracing the responsibility of crimes in the field, some, such as Martha Lizabeth Phelps, go as far to claim that if hired contractors are indistinguishable from national troops, the contractors borrow the states legitimacy. The command responsibility of actions in warfare become increasingly unclear when actors are viewed as being part of a states force, Command responsibility is an omission mode of individual criminal liability, the superior is responsible for crimes committed by his subordinates and for failing to prevent or punish. In re Yamashita before a United States military commission in 1945, however, the ambiguous wording resulted in a long-standing debate about the amount of knowledge required to establish command responsibility. The matter was appealed, and was affirmed by the United States Supreme Court in 1946, following In re Yamashita, courts clearly accepted that a commanders actual knowledge of unlawful actions is sufficient to impose individual criminal responsibility. In the High Command Case, the U. S, after World War II, the parameters of command responsibility were thus increased, imposing liability on commanders for their failure to prevent the commission of crimes by their subordinates. The first international treaty to comprehensively codify the doctrine of command responsibility was the Additional Protocol I of 1977 to the Geneva Conventions of 1949. Article 86 states that, the fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from
15.
Unlawful combatant
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An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the law of the detaining state for such action, subject of course to international treaties on justice. The Geneva Conventions apply in wars between two or more sovereign states, Article 5 of the Third Geneva Convention states that the status of a detainee may be determined by a competent tribunal. Until such time, he must be treated as a prisoner of war, while the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. The assumption that such a category as unlawful combatant exists is not contradicted by the findings of the International Criminal Tribunal for the Former Yugoslavia in the Celebici Judgment and they may be prosecuted under the domestic law of the detaining state for such action. The Geneva Conventions do not recognize any lawful status for combatants in conflicts not involving two or more nation states, a state in such a conflict is legally bound only to observe Article 3 of the Geneva Conventions and may ignore all the other Articles. But each one of them is free to apply all or part of the remaining Articles of the Convention. The term unlawful combatant has been used for the past century in literature, military manuals. However, unlike the terms combatant, prisoner of war, and civilian, so while the former terms are well understood and clear under international law, the term unlawful combatant is not. As a compromise, the Russian delegate, F. F. Martens, proposed the Martens Clause, similar wording has been incorporated into many subsequent treaties that cover extensions to humanitarian law. The Geneva Convention relative to the Treatment of Prisoners of War,12 August 1949 of 1949 defines the requirements for a captive to be eligible for treatment as a POW. A lawful combatant is a person who commits belligerent acts, and, an unlawful combatant is someone who commits belligerent acts but does not qualify for POW status under GCIII Articles 4 and 5. These terms thus divide combatants in a war zone into two classes, those in armies and organised militias and the like, and those who are not. If that tribunal rules that a combatant is an unlawful combatant then the persons status changes to that of a civilian which may give them some rights under the Fourth Geneva Convention. If the individual fulfills the criteria as a person, they are entitled to all the protections mentioned in GCIV. It should be emphasised that, in a war zone, a national of a neutral state, the relevant Articles are 5 and 42. In this case, the unlawful combatant does not have rights under the present Convention as granting them those rights would be prejudicial to the security of the concerned state and they do, however, retain the right. If the party does not use Article 5 of GCIV, the party may invoke Article 42 of GCIV, for those nations that have ratified Protocol I of the Geneva Conventions, are also bound by Article 45.3 of that protocol which curtails GCIV Article 5
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War crime
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A war crime is an act that constitutes a serious violation of the law of war that gives rise to individual criminal responsibility. The concept of war crimes emerged at the turn of the century when the body of customary international law applicable to warfare between sovereign states was codified. Moreover, trials in national courts during this period further helped clarify the law, following the end of World War II, major developments in the law occurred. Numerous trials of Axis war criminals established the Nuremberg principles, such as notion that war crimes constituted crimes defined by international law, additionally, the Geneva Conventions in 1949 defined new war crimes and established that states could exercise universal jurisdiction over such crimes. The trial of Peter von Hagenbach by an ad hoc tribunal of the Holy Roman Empire in 1474 was the first international war crimes trial, and also of command responsibility. He was convicted and beheaded for crimes that he as a knight was deemed to have a duty to prevent, although he had argued that he was only following orders. In 1654 a Major Connaught was tried at Chester Assizes and hanged for his part in the massacre of villagers in the church at the village of Boughton, twelve villagers were smoked out, stripped naked and had their throats cut. He was hanged at the scene of the crime having been convicted of striking a blow to the head of John Fowler with an axe. The Geneva Conventions are four related treaties adopted and continuously expanded from 1864 to 1949 that represent a legal basis, accordingly, states retain different codes and values with regard to wartime conduct. Some signatories have routinely violated the Geneva Conventions in a way which either uses the ambiguities of law or political maneuvering to sidestep the laws formalities and principles. Three conventions were revised and expanded with the one added in 1949, First Geneva Convention for the Amelioration of the Condition of the Wounded. Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick, third Geneva Convention relative to the Treatment of Prisoners of War. Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, Protocol II relating to the Protection of Victims of Non-International Armed Conflicts. Protocol III relating to the Adoption of an Additional Distinctive Emblem, a small number of German military personnel of the First World War were tried in 1921 by the German Supreme Court for alleged war crimes. The modern concept of war crime was further developed under the auspices of the Nuremberg Trials based on the definition in the London Charter that was published on August 8,1945. Along with war crimes the charter also defined crimes against peace and crimes against humanity, on July 1,2002, the International Criminal Court, a treaty-based court located in The Hague, came into being for the prosecution of war crimes committed on or after that date. Several nations, most notably the United States, China, Russia, the United States still participates as an observer. Article 12 of the Rome Statute provides jurisdiction over the citizens of non-contracting states in the event that they are accused of committing crimes in the territory of one of the state parties
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Wikisource
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Wikisource is an online digital library of free content textual sources on a wiki, operated by the Wikimedia Foundation. Wikisource is the name of the project as a whole and the name for each instance of that project, the projects aims are to host all forms of free text, in many languages, and translations. Originally conceived as an archive to store useful or important historical texts, the project officially began in November 24,2003 under the name Project Sourceberg. The name Wikisource was adopted later that year and it received its own domain name seven months later, the project has come under criticism for lack of reliability but it is also cited by organisations such as the National Archives and Records Administration. The project holds works that are either in the domain or freely licensed, professionally published works or historical source documents, not vanity products. Verification was initially made offline, or by trusting the reliability of digital libraries. Now works are supported by online scans via the ProofreadPage extension, some individual Wikisources, each representing a specific language, now only allow works backed up with scans. While the bulk of its collection are texts, Wikisource as a whole hosts other media, some Wikisources allow user-generated annotations, subject to the specific policies of the Wikisource in question. Wikisources early history included several changes of name and location, the original concept for Wikisource was as storage for useful or important historical texts. These texts were intended to support Wikipedia articles, by providing evidence and original source texts. The collection was focused on important historical and cultural material. The project was originally called Project Sourceberg during its planning stages, in 2001, there was a dispute on Wikipedia regarding the addition of primary source material, leading to edit wars over their inclusion or deletion. Project Sourceberg was suggested as a solution to this, perhaps Project Sourceberg can mainly work as an interface for easily linking from Wikipedia to a Project Gutenberg file, and as an interface for people to easily submit new work to PG. Wed want to complement Project Gutenberg--how, exactly, and Jimmy Wales adding like Larry, Im interested that we think it over to see what we can add to Project Gutenberg. It seems unlikely that primary sources should in general be editable by anyone -- I mean, Shakespeare is Shakespeare, unlike our commentary on his work, the project began its activity at ps. wikipedia. org. The contributors understood the PS subdomain to mean either primary sources or Project Sourceberg, however, this resulted in Project Sourceberg occupying the subdomain of the Pashto Wikipedia. A vote on the name changed it to Wikisource on December 6,2003. Despite the change in name, the project did not move to its permanent URL until July 23,2004, since Wikisource was initially called Project Sourceberg, its first logo was a picture of an iceberg
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International Committee of the Red Cross
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The International Committee of the Red Cross is a humanitarian institution based in Geneva, Switzerland and a three-time Nobel Prize Laureate. State parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005 have given the ICRC a mandate to protect victims of international and internal armed conflicts, such victims include war wounded, prisoners, refugees, civilians, and other non-combatants. The ICRC is part of the International Red Cross and Red Crescent Movement along with the International Federation of Red Cross and Red Crescent Societies and 190 National Societies. It is the oldest and most honoured organization within the Movement and one of the most widely recognized organizations in the world, having won three Nobel Peace Prizes in 1917,1944, and 1963. When he arrived in the town of Solferino on the evening of 24 June, he witnessed the Battle of Solferino. In a single day, about 40,000 soldiers on both sides died or were wounded on the field. Henry Dunant was shocked by the aftermath of the battle, the suffering of the wounded soldiers. He completely abandoned the original intent of his trip and for days he devoted himself to helping with the treatment. He succeeded in organizing an overwhelming level of assistance by motivating the local population to aid without discrimination. Back in his home in Geneva, he decided to write a book entitled A Memory of Solferino which he published with his own money in 1862 and he sent copies of the book to leading political and military figures throughout Europe. In addition, he called for the development of international treaties to guarantee the neutrality and protection of wounded on the battlefield as well as medics. On 9 February 1863 in Geneva, Henry Dunant founded the Committee of the Five as a commission of the Geneva Society for Public Welfare. Their aim was to examine the feasibility of Dunants ideas and to organize a conference about their possible implementation. Eight days later, the five men decided to rename the committee to the International Committee for Relief to the Wounded, in October 1863, the international conference organized by the committee was held in Geneva to develop possible measures to improve medical services on the battle field. The states and kingdoms represented by delegates were Baden, Bavaria, France, Britain, Hanover, Hesse, Italy, the Netherlands, Austria, Prussia, Russia, Saxony, Sweden. Only one year later, the Swiss government invited the governments of all European countries, as well as the United States, Brazil, sixteen countries sent a total of twenty-six delegates to Geneva. On 22 August 1864, the conference adopted the first Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. Representatives of 12 states and kingdoms signed the convention, Baden, Belgium, Denmark, France, Hesse, Italy, the Netherlands, Portugal, Prussia, Switzerland, Spain, and Württemberg
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First Geneva Convention
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The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held in 1864, is the first of four treaties of the Geneva Conventions. It defines the basis on which rest the rules of law for the protection of the victims of armed conflicts. After the first treaty was adopted in 1864, it was revised and replaced in 1906,1929. It is inextricably linked to the International Committee of the Red Cross, the 1864 Geneva Convention was instituted at a critical period in European political and military history. Elsewhere, the American Civil War had been raging since 1861, between the fall of the first Napoleon at the Battle of Waterloo in 1815 and the rise of his nephew in the Italian campaign of 1859, the powers had maintained peace in western Europe. The subsequent suffering of 40,000 wounded soldiers left on the due to lack of facilities, personnel. To ensure that its mission was accepted, it required a body of rules to govern its own activities. It derived its force from the implied consent of the states which accepted and applied them in the conduct of their military operations. Despite its basic mandates, listed below, it was successful in effecting significant, the 1906 version was updated and replaced by the 1929 version when minor modifications were made to it. It was again updated and replaced by the 1949 version, better known as the First Geneva Convention, the original ten articles of the 1864 treaty have been expanded to the current 64 articles. This lengthy treaty protects soldiers that are hors de combat, as well as medical and religious personnel, article 15 mandates that wounded and sick soldiers should be collected, cared for, and protected, though they may also become prisoners of war. Article 16 mandates that parties to the conflict should record the identity of the dead and wounded, for a detailed discussion of each article of the treaty, see the original text and the commentary. There are currently 196 countries party to the 1949 Geneva Conventions, including this first treaty but also including the other three
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Second Geneva Convention
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The Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea is one of the four treaties of the Geneva Conventions. The Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea was first adopted in 1949 and it adapts the main protective regime of the First Geneva Convention to combat at sea. The treaty is a document consisting of 63 articles. The most essential provisions of the treaty are, Articles 12 and 18 requires all parties to protect and care for the wounded, sick, article 21 allows appeals to be made to neutral vessels to help collect and care for the wounded, sick, and shipwrecked. The neutral vessels cannot be captured, Articles 36 and 37 protect religious and medical personnel serving on a combat ship. Article 22 states that ships cannot be used for any military purpose. Article 14 clarifies that although a warship cannot capture a hospital medical staff, it can hold the wounded, sick. For a detailed discussion of each article of the treaty, see the original text, there are currently 196 countries party to the 1949 Geneva Conventions, including this second treaty but also including the other three. List of parties to the Geneva Conventions Final Act of the Second Peace Conference, The Hague,18 October 1907
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Fourth Geneva Convention
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It was adopted in August 1949, and defines humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this, a number of articles specify how Protecting Powers, ICRC and other humanitarian organizations may aid Protected persons. Protected person is the most important definition in this section because many of the articles in the rest of GCIV only apply to Protected persons, a protected person/s shall not have anything done to them of such a character as to cause physical suffering or extermination. The physical suffering or extermination of protected persons in their hands and this prohibition applies not only to murder, torture, corporal punishments, mutilation and medical or scientific experiments not necessitated by the medical treatment. The prohibition on scientific experiments was added, in part, in response to experiments by German and Japanese doctors during World War II, no protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons, under the 1949 Geneva Conventions, collective punishment is a war crime. By collective punishment, the drafters of the Geneva Conventions had in mind the reprisal killings of World War I, in the First World War, the Germans executed Belgian villagers in mass retribution for resistance activity during the Rape of Belgium. In World War II, both the Germans and the Japanese carried out a form of punishment to suppress resistance. Entire villages or towns or districts were responsible for any resistance activity that occurred at those places. The conventions, to counter this, reiterated the principle of individual responsibility and they are opposed to all principles based on humanity and justice. Additional Protocol II of 1977 explicitly forbids collective punishment, but as fewer states have ratified this protocol than GCIV, GCIV Article 33 is the one more commonly quoted. Articles 47-78 impose substantial obligations on occupying powers, nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased, the Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. The Occupying Power shall not detain protected persons in a particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand. The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies, the Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. The Occupying Power shall take all steps to facilitate the identification of children. It may not, in any case, change their personal status, a special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt
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Protocol II
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Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of non-international armed conflicts. It defines certain international laws that strive to better protection for victims of internal armed conflicts that take place within the borders of a single country. The scope of these laws is more limited than those of the rest of the Geneva Conventions out of respect for sovereign rights and duties of national governments. As of January 2015, the Protocol had been ratified by 168 countries, with the United States, Turkey, Israel, Iran, Pakistan, and Iraq being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977, historically, international law of armed conflict addressed traditional declarations of war between nations. These negotiations resulted in Article 3, common to all four of the treaties of the Geneva Conventions of 1949. Common Article 3 applies to armed conflicts that are not of an international character and it provides limited protection to victims, including, Persons taking no active part in hostilities should be treated humanely. The wounded and sick shall be collected and cared for and these efforts resulted in Protocol II of the Geneva Conventions. The debate over this protocol centered on two conflicting ideas, First, that the distinction between internal and international armed conflict is artificial from the point of view of a victim. Humanitarian principles should apply regardless of the identity of the combatants, second, that international law does not apply to non-international situations. A nation has sovereignty within its borders, and must not accept judgments by, Geneva Conventions First Geneva Convention, on the treatment of battlefield casualties. Second Geneva Convention, on the treatment of casualties in war at sea, third Geneva Convention, on the treatment of prisoners of war. Fourth Geneva Convention, on the treatment of civilians during wartime, Protocol I, a 1977 amendment adopted addressing the protection of victims in international conflicts. Protocol III, a 2005 amendment adopted specifying the adoption of the Red Crystal emblem,320 Special issue, 20th anniversary of the 1977 Additional Protocols President Reagans message to the Senate on Protocols I & II
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Protocol III
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Protocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. Under the protocol, the sign of the Red Crystal may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross. People displaying any of these emblems are performing a humanitarian service. By the middle of the 19th century, modern warfare had become more violent. It was not uncommon for a medic on the field of battle to be fired upon. There was a recognition of the need to distinguish medical personnel from enemy combatants, to make it easier for military commanders to avoid. Allowing each country to develop its own emblem would have led to confusion, what was needed to save lives was a single neutral emblem that all countries recognized and used equally. The 1864 Geneva Convention establishes that a distinctive emblem should be worn by personnel on the field of battle as an indication of their humanitarian mission. At that time, the symbol was a red cross on a white background. Muslim nations have objected to this due to its resemblance to the Christian cross. As early as 1876, the Ottoman Empire introduced the Red Crescent as an alternative, less Christian emblem. Additional emblems have been proposed, including the red lion and sun of Persia, the emblem by the Red Cross Society of Eritrea. Over time the adoption of a single, universal emblem has been met with two recurrent difficulties, They may be perceived as having religious, cultural or political connotations and this perception conflicts with neutral, humanitarian status of medical personnel in armed conflicts. These emblems are tied to membership in the National Societies, members are required to use the red cross or red crescent emblem. Since Magen David Adom was unwilling to give up their red shield of David, without membership, they were not eligible for certain protections under the Geneva Conventions. In 2005, an international delegation finally achieved a comprehensive solution to difficulties with the adoption of Protocol III. Magen David Adom is granted protections under the Geneva Conventions as long as they display the Red Crystal in the context of international conflict, as of January 2015, Protocol III has been ratified or acceded to by 72 countries and signed by a further 24. The treaty came into force on 14 January 2007, article 2 of this brief protocol recognizes an additional distinctive emblem, the Red Crystal, that may be used in addition to, and for the same purposes as, the Red Cross and Red Crescent symbols
