PHAP: Learning sessions and webinars

Main speaker: Katarina Grenfell, Legal Officer in the UN Office of Legal AffairsThe mandates of contemporary United Nations Peacekeeping missions are increasingly robust, often authorizing a range of activities far beyond those historically envisioned as within the remit of UN peacekeepers. For instance, the mandate for the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) includes the authorization to “carry out targeted offensive operations through the Intervention Brigade [...] [to] prevent the expansion of all armed groups, neutralize these groups, and disarm them.” This expansion has resulted in a number of legal and operational challenges, including the core question of the application of international humanitarian law to UN peacekeeping contingents. The involvement of UN peacekeepers in hostilities raises a host of issues, including: - What legal framework involves the use of force on the part of the peacekeepers? - What protection, if any, are the peacekeepers afforded under international law? - What is the threshold for the application of international humanitarian law? - What is the temporal and geographic scope of the application of international humanitarian law?This session addressed the fundamental issue of under what circumstances international humanitarian law regulates UN peacekeepers, including a discussion when and for how long international humanitarian law applies in a specific context.For more info, resources and assessments for PHAP members, visit https://phap.org/OLS-HLP-17

Main speaker: Katarina Grenfell, Legal Officer in the UN Office of Legal AffairsThe mandates of contemporary United Nations Peacekeeping missions are increasingly robust, often authorizing a range of activities far beyond those historically envisioned as within the remit of UN peacekeepers. For instance, the mandate for the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) includes the authorization to “carry out targeted offensive operations through the Intervention Brigade [...] [to] prevent the expansion of all armed groups, neutralize these groups, and disarm them.” This expansion has resulted in a number of legal and operational challenges, including the core question of the application of international humanitarian law to UN peacekeeping contingents. The involvement of UN peacekeepers in hostilities raises a host of issues, including: - What legal framework involves the use of force on the part of the peacekeepers? - What protection, if any, are the peacekeepers afforded under international law? - What is the threshold for the application of international humanitarian law? - What is the temporal and geographic scope of the application of international humanitarian law?This session addressed the fundamental issue of under what circumstances international humanitarian law regulates UN peacekeepers, including a discussion when and for how long international humanitarian law applies in a specific context.For more info, resources and assessments for PHAP members, visit https://phap.org/OLS-HLP-17

Main speaker: Théo Boutruche, Independent consultant in international human rights and humanitarian lawThe International Criminal Court (ICC) is heralded as a significant development in the field of international justice and accountability. Established by the Rome Statute, the ICC is a unique legal mechanism in terms of its broad jurisdiction over war crimes, crimes against humanity, genocide and the crime of aggression. Though the ICC represents an important commitment to international justice, it is not free from challenges and critique. One such issue is the relationship between the ICC and humanitarian actors. Humanitarian actors often have unparalleled access in the contexts the Court investigates, and because of this humanitarians may be approached to cooperate with the Court. Such cooperation, however, complicates – and potentially directly threatens – the principles that govern humanitarians’ operations. This event will explore the issues and debates stemming from the relationship between the ICC and humanitarian actors.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-16

Main speaker: Théo Boutruche, Independent consultant in international human rights and humanitarian lawThe International Criminal Court (ICC) is heralded as a significant development in the field of international justice and accountability. Established by the Rome Statute, the ICC is a unique legal mechanism in terms of its broad jurisdiction over war crimes, crimes against humanity, genocide and the crime of aggression. Though the ICC represents an important commitment to international justice, it is not free from challenges and critique. One such issue is the relationship between the ICC and humanitarian actors. Humanitarian actors often have unparalleled access in the contexts the Court investigates, and because of this humanitarians may be approached to cooperate with the Court. Such cooperation, however, complicates – and potentially directly threatens – the principles that govern humanitarians’ operations. This event will explore the issues and debates stemming from the relationship between the ICC and humanitarian actors.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-16

Main speaker: Robin Geiß, Professor of International Law and Security, School of Law, University of GlasgowOn 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

Main speaker: Robin Geiß, Professor of International Law and Security, School of Law, University of GlasgowOn 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

Main speaker: Elizabeth Holland, Consulting Expert on IHL, PHAPInternational 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

Main speaker: Elizabeth Holland, Consulting Expert on IHL, PHAPInternational 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

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

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

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

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

Main speaker: Kate MackintoshThis 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

Main speaker: Kate MackintoshThis 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

Main speaker: Chris Jenks, Assistant Professor of Law, SMU Dedman School of LawHow 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