Answers to the following questions will be proposed: did treaty law remain unaltered at the outbreak of World War II due only to a lack of time or opportunity to adapt this law during the interwar period; did sufficient adaptation occur outside of treaty law or within the framework of existing treaty law (within the realm of customary law or through interpretation), averting the need for adapting treaty law; was there no actual need to do so given that the Hague Regulations on military occupation essentially met the expectations of warring states or had it simply been impossible to find a better equilibrium for the tensions inherent in the law of occupation (as revealed through the range of positions expressed at the codification conferences and as resolved, at least provisionally, through the adoption of the Hague Regulations)? Hague Conventions of 1899 and 1907 explained - Everything Explained Today It is also forbidden to declare that no quarter will be given, and to employ arms, projectiles, or material calculated to cause unnecessary suffering. These tensions were still very present in The Hague in 1899, but, this time, they did not prevent the adoption of a convention negotiated on the basis of the text left on the table at the Brussels conference.30, There were only about 20 years separating the end of World War I from the beginning of World War II. 1 In the beginning of the 21st century, they remain central to the body of norms governing the conduct of occupying troops and framing the occupant's responsibility in . 336 (1927). (Dont confuse, In 1989 Hays Parks, then a Department of Defense official, wrote the definitive memorandum regarding the legal meaning of assassination. I very much encourage you to. . Article 1. Articles 4256 of the regulations annexed to the 1907 Hague Convention IV were the latest treaty provisions adopted to regulate situations of military occupation when World War I broke out and caused several such situations to occur. The rules of war are codified in various treaties, including the Geneva Convention of 1949 and the Hague Conventions of 1899 and 1907. Benvenisti, supra note 1, at 120122. No longer did any state argue the right of the local population to resist occupation with force, and even Belgium and Germany limited their controversy over leve en masse to the issue of whether or not the rule, as drafted in the Hague Regulations, had been respected.77, The future victors of World War I shared mostly identical views on the rules relating to military occupation, and new areas were even identified where this body of law might become applicable or useful as a point of reference in Africa, for instance. ; see also Quinzime Confrence internationale de la Croix-Rouge tenue Tokio du 20 au 29 octobre 1934, Compte-rendu (1934), at 201202. In a sense, Pakistan conceptually had the physical ability to have taken action against Bin Laden, but the fact is that he resided there undisturbed for years. View Persuasive Essay on the Operation Geronimo Case Study.docx from ENG 121 at Zetech College - Nairobi. It was simply considered to be one of the conventions under study at the time that the conference wished to see examined at a diplomatic conference as soon as possible.50 As recognized by the ICRC, states displayed no great enthusiasm over engagement in this process either.51 One decade and a world war later, this draft convention would be revisited, forming a basis for the discussion that led to the adoption of the 1949 Geneva Convention IV on the protection of civilian persons.52, During the interwar period, proposals to adapt treaty law relating to military occupation remained marginal or were left undeveloped. Fraenkel, supra note 85, at 210, 214, 216. So, he couldve had something. English translations of the original French texts of the declaration and conventions are available on the website of the International Committee of the Red Cross (Treaties, States Parties and Commentaries database), available at https://ihl-databases.icrc.org/ihl. In such situations the U.S. such threats, notwithstanding the sovereignty of the national involved. It is, however, the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs. See, e.g., decision of the War Council of the Occupation Army (Aix-la-Chapelle) in the Lieutenant Graff case, 27 January 1923, BMFA DA, HCITR 49.3 (unindexed). The Geneva Conventions and the Death of Osama Bin Laden . See the references in note 9 above. [T]his rule would not prohibit offering rewards for the capture of unharmed enemy personnel generally or of particular enemy personnel. Placed in this perspective, the German occupation of Belgium may be seen as a war experience that, in the most powerful way, pushed international lawmakers of the interwar period to consider developing treaty provisions in one particular direction a push that was still, however, insufficient to upset the balance between rights and duties of opposed stakeholders, as set by the Hague Regulations. Later, Democratic President. In fact the emblem of the Red Cross is used for this purpose. IHL Treaties - Hague Convention (IV) on War on Land and its Annexed The former powers logically strove to grant more rights to occupants and the latter, of course, pushed in the opposite direction.97, If tensions along the two first lines were not quite apparent at the time of World War I or in its aftermath,98 those along the third line found vivid expression. Violations of the laws of military occupation were, however, occasionally reported (see, e.g., note 76 below and accompanying text). In the case of German East Africa, for example, the period of administration under the law of military occupation facilitated the transition from colonial status to the status of mandated territories under the mandate system of the League of Nations. Best, Geoffrey Francis Andrew (1980). Hull, A Scrap of Paper: Breaking and Making International Law during the Great War (2015), at 96, 128; Benvenisti, supra note 1, at 108. The 1907 Hague Convention Regulations stated that " [i]n sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes [and] historic monuments, provided they are not being used at the time for military purposes" (Article 27). The Kansas-Nebraska Act of 1854 was the third and last of the series of, Laws of War. The Hague Conventions of 1899 and 1907 were the first multilateral treaties that addressed the conduct of warfare and were largely based on the Lieber Code, which was signed and issued by US President Abraham Lincoln to the Union Forces of the United States on 24 April 1863, during the American Civil War.The Lieber Code was the first official comprehensive codified law that set out . I agree with Professor Carter on that point (and will discuss it a bit more below), but right now I want to clarify any issuesaboutthe law of armed conflict (LOAC) and the raid. Turkey ratified Hague Convention II of 1899 but has not yet ratified Hague Convention IV of 1907, a treaty that it signed, however, on 18 October 1907. Understanding U.S. landmine policy: an expert speaks! In this regard, we may recall that the Nuremberg tribunal stated after World War II, with reference to the 1907 Hague Regulations taken as a whole, that by 1939 these rules laid down in the Convention were recognized by all civilized nations, and were regarded as being declaratory of the laws and customs of war.64 This statement means that, for the law of military occupation enshrined in the Hague Regulations, there was a form of alignment between treaty law and customary law, at least in the end of the interwar period. IV) Respecting the Laws and Customs of War on Land 1907, 2 AJIL Supp. Pictet, Jean (1966). Although discussions were much broader in scope and related to a wide range of issues in connection with the laws and customs of war on land, tensions mainly arose in relation to the law of military occupation and its proposed codification, which was opposed by the smaller countries and supported by the major powers. To be clear, an otherwise lawful wartime mission is not rendered improper simply because the orders call for the killing of an individualcombatant who is properly targetable underthe law of armed conflict. And so we decided we just cant trust them, Thus, a conclusion that Pakistan was unable to effectively take action against Bin Laden is warranted. ), The Great War and Memory in Central and South-Eastern Europe (2016) 71. International Law Studies Volume 60 Documents on Prisoners of War The Geneva Conventions of 1949 and their Additional Protocols Does President Obama Have the Legal Authority to Order Operation In this connection its important to know, as the DoD Law of War Manual puts it in paragraph 2.2.3.1, that the law of armed conflict does not require that enemy combatants be given an opportunity to surrender before being made the object of attack. This means that even if the mission was to kill Bin Laden instead of trying to capture him, it would not have been unlawful for that reason. See draft Art. The fact that the Hague Regulations were referred to in many classic instances of military occupation,92 as well as in less traditional ones, that they framed discussions with only exceptional resort to external elements (such as customary law or military necessity) and that there was no open challenge to their relevance and substance during the war leads to the conclusion that the Hague Regulations relating to the law of military occupation met stakeholders expectations overall. Origin and Development of International Humanitarian Law. A third manifestation of World War Is influence on treaty law relating to military occupation occurred following World War II, though to a marginal extent and in combination with the much more considerable impact of the latter conflict. On the clause and its interpretations, see, e.g., Cassese, The Martens Clause: Half a Loaf or Simply Pie in the Sky?, 11 EJIL (2000) 187; Meron, The Martens Clause, Principles of Humanity, and Dictates of Public Conscience, 94 American Journal of International Law (2000) 78; Von Bernsdorff, Martens Clause, in Max Planck Encyclopedia of Public International Law (2012) 1143. Commission of Jurists nominated by the 1922 Washington Conference on the Limitation of Armaments, Rules Concerning the Control of Wireless Telegraphy in Time of War and Air Warfare (1923), available at https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/xsp/.ibmmodres/domino/OpenAttachment/applic/ihl/ihl.nsf/B9CA3866276E91CFC12563CD002D691C/FULLTEXT/IHL-35-EN.pdf. If, in addition, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question and shall be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. These treaties are known as "The Hague Conventions" because they were adopted at the Peace Conferences that were held in The Hague, Netherlands, in 1899 and 1907. Admittedly, such a finding does not illustrate the typical, or the more global, lawyers perspective on World War I and international law involving the notion of the emergence of a new order.102 What has been examined here, however, is a body of rules written to govern specific, exceptional situations military occupations such as those that occurred during the war;103 a body of law that had been quite recently codified through a process that involved the broad participation of states although mostly European with a dress rehearsal in Brussels in 1874 and a confirmation session in The Hague in 1907. 2 Confrence internationale de la Paix, supra note 4, Part 3, at 89. that killed Osama Bin Laden in Abbottabad, Pakistan in 2011. The conference of 1907 renewed the declaration prohibiting the discharge of projectiles from balloons but did not reaffirm the declarations prohibiting asphyxiating gas and expanding bullets. Most online reference entries and articles do not have page numbers. Rules were proposed regarding the fate of a hospital town, locality or zone fallen into enemy hands, though without any provision for additional protection of persons therein, be they military or civilian.43 The course of events tends to illustrate the supposition that, within this domain, lack of interest was a more relevant factor than lack of time. This finding concerning an equilibrium that had remained operational does not imply that World War I had no impact at all on treaty law governing cases of military occupation. Rules. In any event, the U.S. has long taken the positon that it is in an armed conflict with Al-Qaeda (see here and here), and its been reiterated by the current administration. If the law of military occupation was perhaps not as complete, appropriate or clear as everyone wished it to be leaving aside here the position of those who considered war (and occupation) to be a form of criminal act, therefore showing no interest in this regard it would certainly have seemed undesirable or even hazardous to rethink and modify a balance that proved to be operational. C. Rousseau, Le droit des conflits arms (1983), at 153. The 1907 Hague Conventions had the merit to formulate principles that were applicable during World War I and World War II. Rather, they point to factors that might explain such a limited, if not completely absent, legal debate both during and after World War I. See The Hague Convention III Relative to the Opening of Hostilities, art 1, Oct. 18, 1907, 36 Stat. Legal instrument text is available in these languages Article 4 The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land. A set of annexed regulations (Hague Regulations) was intended to form the basis for instruction to be given by contracting states to their armed forces.4 The final section of these regulations, section III (Articles 4256), forms the basis of the law of military occupation to which one main addition was later made. 23 . Therefore, its best to use Encyclopedia.com citations as a starting point before checking the style against your school or publications requirements and the most-recent information available at these sites: http://www.chicagomanualofstyle.org/tools_citationguide.html. At the time, and even taking into account the particularly acute case of Belgium, the existing rules had proven themselves generally adequate in absorbing tensions, in striking the appropriate balance between the necessities of the occupier and the requirement to protect the essential interests of the occupied population and its sovereign (temporarily unable to rule). The Hague Peace Conferences of 1899 and 1907. 2008). See, e.g., Chambre des Reprsentants (Belgium), Rapport prsent aux chambres lgislatives par M. le Ministre des affaires trangres en rponse au rapport prsent par la Sous-Commission parlementaire du Reichstag allemand sur les dportations belges (19161917), No. References are occasionally made to these rules to the extent that they reflect the state of customary international law. When a nation contemplates the use of force, that force must be done with legal authority (A) and within the strictures of the laws of armed conflict (B). Sources. Under th, GENEVA CONVENTIONS, a series of international agreements drafted for the amelioration (improvement)of the treatment of the sick and wounded, in parti, Hague v. Committee on Industrial Organization, Hague v. Congress of Industrial Organizations 307 U.S. 496 (1939), Haha (Cyanea copelandii ssp. Article 43, with its compromising wording, formed a centrepiece for legal argumentation, the balancing of interests and the absorption of tension.99 Second, a number of belligerents found themselves in the diametrically opposed roles of the occupier and of the occupant, either simultaneously or alternately. This is especially so when the legal advice is needed on an urgent basis, and there isnt time to craft it for public consumption. . Consequently, the best view of the law today is that non-state terrorists who are members of organized armed groups engaged in continuous combat operations (in a conflict of sufficient scope and intensity to trigger LOAC applicability) are lawfully subject to targeting, just as members of traditional militaries are. See, e.g., Benvenisti, supra note 1, at 31, 41; Graditzky, supra note 56, at 187197; Kolb and Vit, supra note 5, at 3032. Belgium strongly opposed this idea but agreed with the British governments assertion that all occupation of German East Africa by British or Belgian troops should be regarded as provisional and temporary and that the close of hostilities must be awaited before a settlement is made.78, The instructions that the Belgian minister of colonies had sent earlier to General Tombeur, who led the invading Belgian troops, were already quite similar in substance to a number of provisions contained in the Hague Regulations. For Permissions, please email: journals.permissions@oup.com, This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (, Roaming Charges Moments of Dignity: Washington Square, NYC, Editorial: ChatGPT and Law Exams; On My Way In IV: Arent You Exclusive? A person can only be considered a spy when, acting clandestinely or on false pretenses, he or she obtains or endeavors to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. This might explain the lack of further codification during the interwar period. In any event, the last two documents the 1936 draft articles and the 1938 draft convention included only one provision relating to the situation of military occupation. A first line of tension deriving from the positions expressed by represented states pertained to the link between the mere fact of codifying this body of law and the transformation of a de facto situation occupation imposed by military force into a de jure one. The Belgian government did not appear to be particularly proactive or enthusiastic about the conference that it proposed to organize, and an apparently unusual attribution of the file within the Belgian Ministry of Foreign Affairs pushed the full initial Monaco draft convention even further than it would have gone had it been handled in a more orthodox way.44 As far as this article is concerned, and although during the war Belgium had been heavily affected by the German occupation of most of its territory, it displayed no particular desire to see the law of occupation re-discussed after the war. Keywords . A prevailing sense that the main problem had been Germanys lack of respect for these rules or its distorted interpretation of them also contributed to the understanding that what existed was adequate. For the German and Belgian positions and claims, see, in particular, Auswrtiges Amt (Germany), Die vlkerrechtswidrige Fhrung des belgischen Volkskriegs (1915); Kingdom of Belgium, Ministry of Justice and Ministry of Foreign Affairs, supra note 58; see also note 58 above and the text accompanying it. legality of operation geronimo.docx - OPERATION GERONIMO 1 - Course Hero Legal Arithmetic: Adding Up the Legality of Operation Geronimo Thomas Graditzky, The Law of Military Occupation from the 1907 Hague Peace Conference to the Outbreak of World War II: Was Further Codification Unnecessary or Impossible?, European Journal of International Law, Volume 29, Issue 4, November 2018, Pages 13051326, https://doi.org/10.1093/ejil/chy063. 6 (right of requisition), at 7. (ed. After a series of border clashes and failed incursion attempts between German East Africa and the bordering Belgian and British possessions (the Congo, Uganda, British East Africa and Northern Rhodesia, in particular), which had already begun at the end of the summer of 1914, Great Britain and Belgium resolved to regain control of Lake Tanganyika and joined forces to invade German territory. Dinstein, supra note 2, at 287. See section 3 below and, e.g., Protestations des parlementaires belges sous loccupation allemande (1919), at 6566; F. Mayence, La correspondance de S.E. In any event, their intent was never to make substantial changes to the law of occupation. The answer to that question hinges to a large degree upon what actually happen at the very moment at which a Navy Seal pulled the trigger. Differences in content between the two successive versions of the regulations were minimal in any event, as admitted in the report to the 1907 conference made on behalf of its second commission.25, Treaty law relating to military occupation was referred to but not modified during the war, so, following the close of hostilities, it remained set by the last provisions of the Hague Regulations. On the other hand, it asked for the loyalty of the occupied population to the local authority and allowed the latter to impose sanctions on individuals not complying with instructions aimed at the maintenance of the public order.34 With the exceptions of reference to the invasion phase, in addition to that of occupation proper, and of the fact that it provided for the creation of a special division of the Permanent Court of International Justice to hear all disputes arising between the occupant and the occupied, this draft article brought no new substance in any significant respect. If the occupant collects the taxes, dues, and tolls imposed for the benefit of the state, he or she shall do so, as far as possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate government was so bound. The various disagreements on the interpretation of specific rules certainly do not support such a conclusion; for instance, disagreements related to the rules on the powers of the occupant to change local laws under Article 43 of the Hague Regulations,65 rules protecting the property of private citizens or those prohibiting forced labour and deportation.66 If World War I did bring any clarification, it was the light that it shed on a divide that had developed between the German military, civilian officials and lawyers and most of the other European actors (particularly, the British and French); views diverged substantially on the role that military necessity should be permitted to play in relation to the laws of war, including the law of military occupation.67. Of course, transparency is vitally important for democracy, and leaders need to be held accountable for their decisions, but lets not chill the ability of advisors legal or otherwise to give their best, pre-decisional advice. . The enemy category is the right one, but it does not matter here whether Bin Laden was a common criminal, an enemy combatant or an enemy soldier. Convention IV, which is the most relevant here, proclaimed the Laws and Customs of War on Land. By contrast, the situation following World War II turned out to be sufficiently different to allow for a number of adaptations (disappearance of the German state, type and severity level of practices to regulate and so on).101. (Dont confuse policy restraints with what the law might actually permit.)
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