PHAP: Learning sessions and webinars

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

Main speaker: Jérémie Labbé, Head of Project for Principles Guiding Humanitarian Action, International Committee of the Red Cross (ICRC)This learning session will provide a more in-depth treatment of the principle of impartiality, focusing on practical dilemmas in its application.Learning objectives: - Understanding of the core humanitarian principle of impartiality, both in its definition and its implementation. - Knowledge of examples of the practical implications of impartiality in the course of humanitarian action. - Understanding of the nature of challenges and dilemmas involved in translating impartiality into operations. - Familiarity with the role that impartiality plays within the RCRC, as both a goal and as a toolFor more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-9

Main speaker: Jérémie Labbé, Head of Project for Principles Guiding Humanitarian Action, International Committee of the Red Cross (ICRC)This learning session will provide a more in-depth treatment of the principle of impartiality, focusing on practical dilemmas in its application.Learning objectives: - Understanding of the core humanitarian principle of impartiality, both in its definition and its implementation. - Knowledge of examples of the practical implications of impartiality in the course of humanitarian action. - Understanding of the nature of challenges and dilemmas involved in translating impartiality into operations. - Familiarity with the role that impartiality plays within the RCRC, as both a goal and as a toolFor more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-9

Main speaker: John Cerone, Paul Martin Senior Professor in International Affairs and Law at the University of Windsor Faculty of LawInternational law plays a central role in the protection of civilians in armed conflict, and both international humanitarian law (IHL) and international human rights law (IHRL) establish important principles and rules. This session will provide an introduction to the application of IHL and IHRL to situations of armed conflict, looking at fundamental issues including the circumstances in which IHRL applies, who has rights and obligations under IHRL, derogation from treaty obligations, the question of co-application, and the extraterritorial application of human rights. The session aims to provide participants with the basic knowledge necessary to follow upcoming learning sessions focusing on current humanitarian crises.In particular, the session will address the following questions:- Under what circumstances does IHRL apply? How does this differ from the applicability of IHL?- Who has rights under IHL and IHRL? Who has obligations under IHL and IHRL? Who can bring a claim for violations of IHL and IHRL? Who may be held liable for violations of IHL and IHRL?- What is derogation from treaty obligations, and under what circumstances may it be invoked?- Do human rights obligations apply outside the territory of a state - in other words, is there extraterritorial applicability of IHRL?- If IHL and IHRL both address the same type of situations – for instance, detention or the use of lethal force – how do we know which body of law to apply? What is the lex specialis principle that is often cited in this context?- What are the practical consequences of the current debates concerning the relationship between IHL and IHRL, in particular the legal and operational issues resulting from co-application of the two frameworks?For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-8

Main speaker: John Cerone, Paul Martin Senior Professor in International Affairs and Law at the University of Windsor Faculty of LawInternational law plays a central role in the protection of civilians in armed conflict, and both international humanitarian law (IHL) and international human rights law (IHRL) establish important principles and rules. This session will provide an introduction to the application of IHL and IHRL to situations of armed conflict, looking at fundamental issues including the circumstances in which IHRL applies, who has rights and obligations under IHRL, derogation from treaty obligations, the question of co-application, and the extraterritorial application of human rights. The session aims to provide participants with the basic knowledge necessary to follow upcoming learning sessions focusing on current humanitarian crises.In particular, the session will address the following questions:- Under what circumstances does IHRL apply? How does this differ from the applicability of IHL?- Who has rights under IHL and IHRL? Who has obligations under IHL and IHRL? Who can bring a claim for violations of IHL and IHRL? Who may be held liable for violations of IHL and IHRL?- What is derogation from treaty obligations, and under what circumstances may it be invoked?- Do human rights obligations apply outside the territory of a state - in other words, is there extraterritorial applicability of IHRL?- If IHL and IHRL both address the same type of situations – for instance, detention or the use of lethal force – how do we know which body of law to apply? What is the lex specialis principle that is often cited in this context?- What are the practical consequences of the current debates concerning the relationship between IHL and IHRL, in particular the legal and operational issues resulting from co-application of the two frameworks?For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-8

Main speaker: Dr Hugo Slim, Head of Policy at the International Committee of the Red Cross (ICRC)This learning session will provide a more in-depth treatment of the principle of humanity, focusing on practical dilemmas in its application. Directly following this learning session, a discussion and consultation event in support of the World Humanitarian Summit was organized on the same topic.Learning objectives- Understanding of the core humanitarian principle of humanity, both in its definition and its implementation.- Knowledge of examples of the practical implications of humanity in the course of humanitarian action.- Understanding of the nature of challenges and dilemmas involved in translating humanity into operations.- Familiarity with the role that humanity plays within the ICRC, and in their interactions with other actors.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-7

Main speaker: Dr Hugo Slim, Head of Policy at the International Committee of the Red Cross (ICRC)This learning session will provide a more in-depth treatment of the principle of humanity, focusing on practical dilemmas in its application. Directly following this learning session, a discussion and consultation event in support of the World Humanitarian Summit was organized on the same topic.Learning objectives- Understanding of the core humanitarian principle of humanity, both in its definition and its implementation.- Knowledge of examples of the practical implications of humanity in the course of humanitarian action.- Understanding of the nature of challenges and dilemmas involved in translating humanity into operations.- Familiarity with the role that humanity plays within the ICRC, and in their interactions with other actors.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-7

Main speaker: Marc DuBois, Consulting Expert on Humanitarian Principles, PHAPIn September and October 2015, PHAP is organizing a special series of live online discussions structured around the principles of humanity, impartiality, neutrality, and independence. As part of the association’s support to the World Humanitarian Summit process, the focus of these events is less on theoretical definitions and more on the operational implications of these principles. The aim is not to “consult” directly on the principles, but rather to discuss – within the context of the principles – a series of problematic issues that have come under debate in the larger Summit consultation process.This opening session acts as an introduction to the ensuing four events on the individual principles. It will ensure that participants understand the nature of the challenges and dilemmas involved in translating principles into operational decisions. The session will delineate the practical implications of the principles for humanitarian actors and highlight the central role of principles in interactions with government, military, and other actors. It will also emphasize the interrelationship among the four principles, providing a basis for the next sessions, which will focus in on issues that are primarily related to each of the four principles individually.The event builds on PHAP’s learning session earlier this year, which focused on the how the core humanitarian principles relate to international humanitarian law.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-6

Main speaker: Marc DuBois, Consulting Expert on Humanitarian Principles, PHAPIn September and October 2015, PHAP is organizing a special series of live online discussions structured around the principles of humanity, impartiality, neutrality, and independence. As part of the association’s support to the World Humanitarian Summit process, the focus of these events is less on theoretical definitions and more on the operational implications of these principles. The aim is not to “consult” directly on the principles, but rather to discuss – within the context of the principles – a series of problematic issues that have come under debate in the larger Summit consultation process.This opening session acts as an introduction to the ensuing four events on the individual principles. It will ensure that participants understand the nature of the challenges and dilemmas involved in translating principles into operational decisions. The session will delineate the practical implications of the principles for humanitarian actors and highlight the central role of principles in interactions with government, military, and other actors. It will also emphasize the interrelationship among the four principles, providing a basis for the next sessions, which will focus in on issues that are primarily related to each of the four principles individually.The event builds on PHAP’s learning session earlier this year, which focused on the how the core humanitarian principles relate to international humanitarian law.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-6

Main speakers: - Laurie Blank, Clinical Professor of Law and the Director of the International Humanitarian Law Clinic at Emory University School of Law- Sareta Ashraph, Chief Analyst on the UN Commission of Inquiry on the Syrian Arab RepublicOn 21 July, PHAP organized an online learning session on the qualification of situations. Following on our introductory session on this topic, we looked at two case studies from Ukraine and Syria, which illustrate both the importance of carrying out a qualification assessment and the complexity involved in such an assessment.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-5

Main speakers: - Laurie Blank, Clinical Professor of Law and the Director of the International Humanitarian Law Clinic at Emory University School of Law- Sareta Ashraph, Chief Analyst on the UN Commission of Inquiry on the Syrian Arab RepublicOn 21 July, PHAP organized an online learning session on the qualification of situations. Following on our introductory session on this topic, we looked at two case studies from Ukraine and Syria, which illustrate both the importance of carrying out a qualification assessment and the complexity involved in such an assessment.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-5

Main speaker: Dr. Noëlle Quénivet, Associate Professor in International Law at the Faculty of Business and Law of the University of the West of EnglandQualifying – or classifying – a situation as an international armed conflict (IAC) or non-international armed conflict (NIAC) is an important and often necessary step when determining whether the rules of international humanitarian law (IHL) apply in a specific context. The application of IAC or NIAC rules to a given scenario is of significant consequence; for instance, under IHL the standards governing the use of lethal force in an IAC or NIAC are far more permissive than those that apply during peacetime. The basic distinction between IACs and NIACs is reflected in both treaty and customary law, and dictates which rules apply to a particular situation. For instance, the treaty rules regulating conduct of hostilities and the treaty rules addressing humanitarian access differ in an IAC as compared to a NIAC.This session provides an introduction to conducting a qualification analysis under IHL. It will address such questions as:- What is the value or utility of such an exercise?- Who undertakes such an exercise and why? Is there a final arbiter of such an analysis?- What are the definitions of an IAC and a NIAC? Where does occupation fit in?- When does a situation of violence become an IAC or NIAC?- What are some of the challenges in qualifying a situation as an armed conflict?These issues and challenges will be picked up in the next session when two case studies will be analyzed, with a focus on the technicalities of qualifying a situation and the relevance of such an exercise to humanitarian practitioners.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-4

Main speaker: Dr. Noëlle Quénivet, Associate Professor in International Law at the Faculty of Business and Law of the University of the West of EnglandQualifying – or classifying – a situation as an international armed conflict (IAC) or non-international armed conflict (NIAC) is an important and often necessary step when determining whether the rules of international humanitarian law (IHL) apply in a specific context. The application of IAC or NIAC rules to a given scenario is of significant consequence; for instance, under IHL the standards governing the use of lethal force in an IAC or NIAC are far more permissive than those that apply during peacetime. The basic distinction between IACs and NIACs is reflected in both treaty and customary law, and dictates which rules apply to a particular situation. For instance, the treaty rules regulating conduct of hostilities and the treaty rules addressing humanitarian access differ in an IAC as compared to a NIAC.This session provides an introduction to conducting a qualification analysis under IHL. It will address such questions as:- What is the value or utility of such an exercise?- Who undertakes such an exercise and why? Is there a final arbiter of such an analysis?- What are the definitions of an IAC and a NIAC? Where does occupation fit in?- When does a situation of violence become an IAC or NIAC?- What are some of the challenges in qualifying a situation as an armed conflict?These issues and challenges will be picked up in the next session when two case studies will be analyzed, with a focus on the technicalities of qualifying a situation and the relevance of such an exercise to humanitarian practitioners.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-4

Main speaker: Dick Jackson, Special Assistant to the U.S. Army Judge Advocate General for Law of War MattersThe rules regulating the conduct of hostilities are central to the framework of international humanitarian law (IHL). This highly articulated set of rules, found in both treaty and customary law, establishes the parameters by which adversaries must conduct their operations. These rules aim to limit the effects of hostilities, and are critical to the protection of civilians during armed conflict. Implicit in each rule is a balancing of the humanitarian imperative and military necessity.This session will provide a brief introduction to the basic rules of conduct of hostilities, offering participants the opportunity to learn about the relationship between the principles of distinction and proportionality, the rules regarding precautionary measures, and the prohibition of superfluous injury and unnecessary suffering. The definition of a military objective will be covered, as will conditions under which damage to civilian objects or injury or death to civilians may not be unlawful under IHL in certain circumstances.This session on the basics of conduct of hostilities will be followed later in the year by a series of more advanced sessions focusing in greater depth on a number of related issues and challenges, including so-called "targeted killings" and direct participation in hostilities by civilians.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-3

Main speaker: Dick Jackson, Special Assistant to the U.S. Army Judge Advocate General for Law of War MattersThe rules regulating the conduct of hostilities are central to the framework of international humanitarian law (IHL). This highly articulated set of rules, found in both treaty and customary law, establishes the parameters by which adversaries must conduct their operations. These rules aim to limit the effects of hostilities, and are critical to the protection of civilians during armed conflict. Implicit in each rule is a balancing of the humanitarian imperative and military necessity.This session will provide a brief introduction to the basic rules of conduct of hostilities, offering participants the opportunity to learn about the relationship between the principles of distinction and proportionality, the rules regarding precautionary measures, and the prohibition of superfluous injury and unnecessary suffering. The definition of a military objective will be covered, as will conditions under which damage to civilian objects or injury or death to civilians may not be unlawful under IHL in certain circumstances.This session on the basics of conduct of hostilities will be followed later in the year by a series of more advanced sessions focusing in greater depth on a number of related issues and challenges, including so-called "targeted killings" and direct participation in hostilities by civilians.For more info, resources, and assessments for PHAP members, visit https://phap.org/OLS-HLP-3