Justice and Fairness > Module 3 1 Wars have limits Proportionality, distinction and humane treatment Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Lesson plan and teacher briefing 2 Summary of module Within the context of war, there are many decisions to be made and problems to be solved. Many of these decisions and problems involve an international humanitarian law (IHL) element, and people within the military who make the decisions are required to consider the principles of IHL at all times. In this module, students will use and build on the main principles of IHL that were covered in Modules 1 and 2, and apply them in the context of an imaginary military scenario. Within this scenario, various challenges will be presented to the students in the form of decisions to be taken by a military commander who is in control of soldiers involved in an international armed conflict. The students will act as military advisers to the commander, exploring the issues raised and contemplating the consequences of any action taken. Students will also consider issues that arise when soldiers are detained as prisoners of war and the role that the International Committee of the Red Cross plays in ensuring IHL is upheld during times of conflict. Although, at first glance, IHL may seem incompatible with military goals, on further investigation, the students should discover that the rules do take into account pragmatic military considerations. IHL works to help alleviate the suffering caused by conflict and to steer military decisions so that, for each action, the expected damage caused is weighed against the military goal. This imaginary military scenario consists of four exercises, which can be conducted over two lessons. Through extension activities, students will have the opportunity to further develop their charter on the principles of warfare which they started in Module 1, consider how the use of landmines impacts on civilians, and recognise how action can be taken when the principles of IHL are violated. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Lesson plan and teacher briefing 3 Learning outcomes By stepping into the shoes of those involved in armed conflict, students will face challenging decisions with consequences which may affect civilians and vulnerable groups, such as children and prisoners of war. The class exercises are designed to help students: take on the role of decision-maker and consider different perspectives Through placing themselves in the positions of those involved in armed conflict, the students will: debate and discuss humanitarian issues within conflict situations develop teamwork skills and understand that it is often necessary to come to consensus in decision-making develop analytical and critical thinking skills. understand the fundamental principlesof distinction, proportionality and humane treatment in international humanitarian law (IHL) apply these principles to a conflict scenario, and give practical examples of the ways in which IHL helps limit the effects of conflict on non-combatants and non-military targets understand the role IHL has in influencing decisions and tactics used in armed conflicts understand how having a concrete set of rules helps ensure that humanitarian concerns are carefully considered by the parties to a conflict consider the long-term implications of breaches of IHL recognise that in the complexity of conflict situations, there may sometimes be no straightforward answers, even when actions taken have been based on IHL understand that there will be consequences of actions for decision-makers, for those taking action and for bystanders. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Lesson plan and teacher briefing 4 Background information and legal principles/rules The decisions and analyses we ask students to make in this lesson reflect those made by military commanders during conflicts. International humanitarian law (IHL) states that in any armed conflict, the right of the parties to the conflict to choose the methods of warfare is not unlimited. IHL aims to limit the suffering caused by warfare and to alleviate its effects by balancing states’ military requirements against humanitarian concerns. It does this by laying down rules and principles to govern the conduct of parties to a conflict. Distinction Proportionality Humane treatment Proportionality puts limits on parties to a conflict in choosing the means and methods of warfare. Article 51 of Additional Protocol 1 prohibits “indiscriminate attacks” such as those which are “of a nature to strike military objectives and civilians or civilian objects without distinction”. Specifically, it states the following type of attack as being indiscriminate: “An attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.” This module covers three key principles of IHL: Proportionality Distinction The principle of distinction requires parties to a conflict to distinguish between civilians and combatants, and between civilian objects and military objects. Article 48 of Additional Protocol 1 to the Geneva Conventions (relating to the protection of victims of international armed conflicts) states that: “In order to ensure respect for and protection of the civilian population and civilian objects, the parties to the conflict shall at all times distinguish between the civilian population and combatants, and between civilian objects and military objectives, and accordingly shall direct their operations only against military objectives.” People making military decisions about the use of force are required to weigh up the military advantage of taking a particular course of action against the potential harm that may be caused to civilians and their property. If the risk to civilians and property being harmed is greater than the military advantage expected, an attack must not be made even if the target is a legitimate military target. Similarly, if that risk can’t be determined or the scale of such collateral damage cannot be accurately assessed, again, an attack must not be launched. Military decision-makers must ensure that the civilian population is spared to the greatest extent possible and should never be targeted for attack. However, it may not be possible to avoid civilian casualties entirely and the principle of proportionality acts as a guide in this context. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Lesson plan and teacher briefing 5 Background information and legal principles/rules The use of weapons which have an indiscriminate effect or which are disproportionately harmful to their victim (i.e. beyond the level of harm required to stop them fighting) is also banned by IHL. This is stated in Article 35 of Additional Protocol 1: The Third Geneva Convention of 1949 states the general principle that PoWs must be humanely treated at all times, as well as requiring certain standards of treatment of POWs in relation to their living conditions, health, food, clothing, possessions and discipline. “It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.” Article 35 also prohibits the use of methods of warfare that are intended, or may be expected, to cause widespread, long-term, severe damage to the natural environment. Certain use of landmines could fall under both these elements of Article 35 and therefore their use is restricted under IHL. Although there are some outright bans on taking certain courses of action such as using certain weapons, in many cases, proportionality has to be determined according to the specific circumstances of that action. Humane treatment The Geneva Conventions lay down principles on how a party to an international conflict should behave in cases where they have captured enemy combatants. Once captured, combatants have a right to Prisoner of War (PoWs) status. PoWs are protected by IHL. In many respects, the aim is that PoWs should be entitled to no less favourable treatment than the treatment received by the forces who have taken them prisoner. The principles aim to ensure that those captured are not subjected to torture or ill treatment of any kind. Any perceived justifications, such as obtaining information from that person, should be disregarded even if obtaining information could potentially be relevant to the military objective. * From The Social Contract by Jean Jacques Rosseau, 1762 Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Introductory exercise 6 Introductory exercise PROPORTIONALITY AND DISTINCTION AT HOME This introductory exercise will help get students thinking about the principles of proportionality and distinction in the context of their own lives. Once they are more familiar with these terms, and how they might apply in everyday life, they can start to apply them in scenarios of armed conflict. TIMINGS: 5 minutes Objectives: To introduce the concepts of proportionality and distinction To decide if these terms are applicable in everyday situations To understand how the terms are used appropriately in different contexts For group use Key principles iA. Distinction and proportionality at home iB. Distinction and proportionality at home – points to note Words marked in bold are resources available to the teacher in this lesson pack. Hold a short discussion with the students to help them think about how we apply meaning to the concepts of distinction and proportionality. What makes someone or something distinct? How do you distinguish between different things? Do you apply criteria? When do you use the word ‘proportion’? Usually, ‘proportion’ is used in order to draw comparisons e.g. ‘we hope a large proportion of the population will vote in the general election’. Ask the class to work in pairs initially. Give each pair two cards, each one describing a different scenario. (Resource iA). Give the students a few minutes to discuss the questions, and ask them to decide if the key issue in the scenario best relates to ‘distinction’ or ‘proportionality’. Remind the students the cards have been handed out randomly: they may have two ‘distinction’ scenarios, two ‘proportionality’ scenarios, or one of each.) Then ask the students to get into groups of six and share the scenarios before finally sorting the cards into two categories: examples of the principle of distinction and examples of the principle of proportionality. Finally, ask the groups to feed back their answers to the rest of the class (Resource iB can be used to draw out the relevant principles). The Key principles cards (see pages 25-26) can be used to support this discussion, as well as being used in the next exercise. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 1 7 Exercise 1 CONDUCT OF HOSTILITIES Exercises 1 Parts A and B will look at how the principles of distinction and proportionality in international humanitarian law (IHL) influence decisions that are made about conduct in a time of conflict. TIMINGS: Part A – Military plan of action - 45 minutes TIMINGS: Part B – Village school hideout - 30 minutes Objectives: To understand that the principles of distinction and proportionality must be adhered to in an armed conflict To be able to apply the principles of distinction and proportionality in the context of an imaginary military scenario For group use 1A. Military scenario 1B. Yellow Territories map 1C. Role cards 1D. Military plan of action: prompt questions 1E. Blueland military strategic plan 1F. Factsheet 1H. Village school hideout prompt questions 1I. Village school hideout: follow-up factsheet For use by the teacher 1G. Follow-up factsheet 1J. Village school hideout: followup factsheet IHL rules covered in exercises 1 and 2 Parties to a conflict must distinguish between civilian population and combatants in order to spare the civilian population and property. Attacking civilians is prohibited. Attacking civilian objects, such as houses, schools, hospitals, places of worship, and cultural or historical monuments, is prohibited. It is prohibited to launch an attack that would cause incidental loss of civilian life, injuries and damage to property that would be excessive in relation to the direct military advantage anticipated. It is forbidden to use weapons or methods of warfare that cause unnecessary losses or excessive suffering. Pretending to be a civilian in order to kill, capture or injure an adversary is prohibited. This is known as perfidy. IHL forbids the attack of installations containing dangerous forces such as nuclear power stations or hydroelectric dams due to the possible consequences of severe losses among the civilian population. Words marked in bold are resources available to the teacher in this lesson pack. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 1 8 Exercise 1 Set the scene This lesson will see the students take on the roles of military advisers to their commander on the front line. The following scenario should be described to the students at the beginning of the class. The map in Resource 1B should help set the scene. You may also wish to use counters or dry-wipe markers to indicate the positioning of troops at various stages during the exercises. Yellow Territories conflict The conflict centres on a border dispute between Redland and Blueland that has been ongoing for many years. Both Redland and Blueland believe they have the rightful claim to the Yellow Territories, the disputed section of land. However, for the past 30 years, Redland has had the stronger presence. Two years ago, Blueland elected a new government that vowed to claim back the Yellow Territories if they got into power. The two years since this government’s election have been some of the most hostile in the two countries’ history. Thousands of Blueland troops are now stationed in the Yellow Territories but Redland forces are putting up a strong fight. The hostilities are ongoing. Aims In this exercise, students will take on roles within the Blueland army and will be asked to advise the commander (teacher) on different actions to take. Blueland’s long-term military goal is to claim back the Yellow Territories. Through the lesson, the students will see that their commander also has several short-term military aims which must be fulfilled by the troops e.g. to take control of a village and capture enemy soldiers. The principles of IHL play a key role here in ensuring a proportionate approach to these aims and the humane treatment of any prisoners that are captured. For group use 1A. Military scenario 1B. Yellow Territories map 1C. Role cards 1D. Military plan of action: prompt questions 1E. Blueland military strategic plan 1F. Factsheet 1H. Village school hideout prompt questions 1I. Village school hideout: follow-up factsheet For use by the teacher 1G. Follow-up factsheet 1J. Village school hideout: followup factsheet Words marked in bold are resources available to the teacher in this lesson pack. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 1 9 Exercise 1 The commander (teacher’s role) The commander’s role is to listen to, but also critically question his or her advisers. A commander cannot be expected to know everything that is going on in the field and must rely on his or her sub-commander and advisers for more complex IHL dilemmas. In cases where the commander deviates from the advice that has been given, he or she must explain the principles that have helped make what he or she believes is the correct decision. Military advisers (students’ roles) As advisers to the commander, it is the students’ responsibility to make difficult military decisions based on the military objectives and the principles of IHL and present them to the commander. The military objective is important to the Blueland army, however, all decisions must be made in a way that is in line with the principles of IHL, so difficult decisions will need to be made. An adviser should be able to explain to their commander exactly why they are advising him/her to take a certain course of action and the principles which have guided them to give this advice. For group use 1A. Military scenario 1B. Yellow Territories map 1C. Role cards 1D. Military plan of action: prompt questions 1E. Blueland military strategic plan 1F. Factsheet 1H. Village school hideout prompt questions 1I. Village school hideout: follow-up factsheet For use by the teacher 1G. Follow-up factsheet 1J. Village school hideout: followup factsheet Words marked in bold are resources available to the teacher in this lesson pack. The Yellow Territories map The Yellow Territories map (Resource 1B) sets out the current positioning of the Redland and Blueland troops. The military bases of the two sides can also be seen, as well as the many civilian objects that surround these bases. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 1 10 Exercise 1 CONDUCT OF HOSTILITIES PART A: MILITARY PLAN OF ACTION TIMINGS: 45 minutes As part of the ongoing border dispute between Redland and Blueland over the Yellow Territories, Blueland troops are preparing to launch attacks on advancing Redland troops in order to gain control over Amarillo, the home of Redland’s main base in the Yellow Territories. However, various civilian obstacles lie in their path. In this scenario, the students, as members of the Blueland army, are required to take on various military roles and advise the teacher (as their military commander) on the best way to conduct attacks on Redland troops. As commander of the Blueland army, it is the teacher’s responsibility to make the ultimate decisions on how the hostilities are conducted. This exercise consists of three parts: For group use 1A. Military scenario 1B. Yellow Territories map 1C. Role cards 1D. Military plan of action: prompt questions 1E. Blueland military strategic plan 1F. Factsheet 1H. Village school hideout prompt questions 1I. Village school hideout: follow-up factsheet For use by the teacher 1G. Follow-up factsheet 1J. Village school hideout: followup factsheet Words marked in bold are resources available to the teacher in this lesson pack. Introduction to the military scenario Deciding on the military plan of action Debrief Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 1 11 Exercise 1 INTRODUCTION TO THE MILITARY SCENARIO (15 minutes) For this exercise, students can work in groups of five, with each person taking on a different role. Alternatively, the exercise can be conducted as a whole class, with small groups taking on different adviser roles . Present students with copies of: the military scenario (Resource 1A) the Yellow Territories map (Resource 1B). Ensure that all students understand the military scenario, through reading the handout, studying the map and discussing it in class. Set the scene by talking through how the students will be acting as advisers to the teacher, their military commander. Assign roles to the students or to groups using the (Role cards) (Resource 1C). Depending on the size of the class, these roles can be assigned to students individually or in pairs. There are several roles that the students can take and, where there is a large group, it is possible for all the roles to be taken. However, the following roles should always be represented: For group use 1A. Military scenario 1B. Yellow Territories map 1C. Role cards 1D. Military plan of action: prompt questions 1E. Blueland military strategic plan 1F. Factsheet 1H. Village school hideout prompt questions 1I. Village school hideout: follow-up factsheet For use by the teacher 1G. Follow-up factsheet 1J. Village school hideout: followup factsheet Words marked in bold are resources available to the teacher in this lesson pack. Blueland legal adviser Blueland communications adviser Blueland local community adviser Explain to the students that there will soon be a meeting of the military council to draw up a military strategic plan in light of current developments in the conflict. Tell the students that, as advisers, they need to plan well for this meeting. Ask them to make notes about what advice they might give in relation to: any actions that might have an impact on civilians living in the area of attack any actions that might have an impact on key public and infrastructural places of importance within the area of attack. Have the Key principles cards (see pages 25-26) available in case students want to refer to them. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 1 12 Exercise 1 MILITARY PLAN OF ACTION (20 minutes) The students are now going to come together as a military council in order to decide on a plan of action against the advancing Redland troops. Give the students the Military plan of action: prompt questions (Resource 1D) sheet. This explains key factors that the Blueland army need to consider to decide how the attack on the advancing Redland troops will be conducted. Give the students some time to plan how they will advise you when the military council meets. The prompt questions will ask them to consider factors such as location and timing of the attack, as well as appropriate clothing and weapons to use. The students can also refer to the Blueland military strategic plan (Resource 1E). Introduce the scenario of a military council meeting. In this meeting, ask all military advisers to give you their advice on the tactics that should be used in launching an attack that complies with international humanitarian law (IHL) on the Redland troops. Encourage debate within the meeting. There should be disagreement and discussion as the advisers each put forward different tactics and present the different perspectives of military objectives, concerns for the civilian population and the need to comply with the principles of IHL. For group use 1A. Military scenario 1B. Yellow Territories map 1C. Role cards 1D. Military plan of action: prompt questions 1E. Blueland military strategic plan 1F. Factsheet 1H. Village school hideout prompt questions 1I. Village school hideout: follow-up factsheet For use by the teacher 1G. Follow-up factsheet 1J. Village school hideout: followup factsheet Words marked in bold are resources available to the teacher in this lesson pack. By the end of the military council meeting, you should ensure the Blueland military strategic plan (Resource 1E) is completed – showing a detailed plan of action under each heading and stating how the military strategy complies with IHL. If the discussion becomes prolonged, a vote from military advisers can be taken for each section of the strategic plan. Debrief (10 minutes) Present each group with the Military strategic plan factsheet (Resource 1F). Explain and discuss the contents in relation to the principles of distinction and proportionality. There is also a teacher’s copy (Resource 1G) of the factsheet with additional notes. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 1 13 Exercise 1 CONDUCT OF HOSTILITIES PART B: VILLAGE SCHOOL HIDEOUT TIMINGS: 30 minutes This exercise introduces a further development in the armed conflict that you as commander have to respond to. Military intelligence has told you that some of the Redland troops have broken away from the main group and are hiding out in a school in one of the villages located between you and Amarillo. Ask the students, as your military council, to advise you on how to approach the problem. You are particularly concerned about this development, as it is tactics like this that have led to Redland holding a stronger presence in the Yellow Territories over the last few years. Also, the fact that Redland troops are advancing so close to a built-up area has made you concerned that civilians may be affected in this offensive. For group use 1A. Military scenario 1B. Yellow Territories map 1C. Role cards 1D. Military plan of action: prompt questions 1E. Blueland military strategic plan 1F. Factsheet 1H. Village school hideout prompt questions 1I. Village school hideout: follow-up factsheet For use by the teacher 1G. Follow-up factsheet 1J. Village school hideout: followup factsheet Words marked in bold are resources available to the teacher in this lesson pack. Give the students the Village school hideout: prompt questions (Resource 1H). Ask them to consider the questions and give their advice. Ask the students to be specific about the principles of distinction and proportionality in relation to the civilian population and civilian structures, such as the school. Debrief Present each group with the Village school hideout: follow-up factsheet (Resource 1I). Explain and discuss the contents in relation to the principles of distinction and proportionality. There is also a teacher’s copy (Resource 1J) of the factsheet with additional notes. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 2 14 Exercise 2 ENEMY CAPTIVES This exercise will cover the appropriate treatment of an enemy that has surrendered or been captured, and has, therefore, obtained prisoner of war status. It will also introduce students to the role the Red Cross has in visiting detainees. The exercise follows on from Exercise 1, on proportionality and distinction, and considers the principle of humane treatment. For group use 2A. Internal memo 2B. Key questions 2C. Follow-up factsheet Words marked in bold are resources available to the teacher in this lesson pack. TIMINGS: 1 hour Objectives: To understand and learn that: international humanitarian law (IHL) protects captured combatants in international armed conflict decisions made regarding the treatment of detainees within a prisoner of war camp should adhere to IHL an individual in a superior position can be held responsible not only for the crimes they have ordered but also for failing to prevent or punish the actions, or inaction, of their subordinates. IHL rules covered It is forbidden to kill or wound an enemy who surrenders or who is unable to fight. People taking no active part in the hostilities, such as prisoners of war (PoWs), shall be respected, protected and treated humanely at all times. Captured combatants and civilians are entitled to respect for their life, their dignity, their personal rights and convictions, and their physical and mental integrity. POWs should be given appropriate care without discrimination, and they should never be subjected to violence, in particular, murder, mutilation, cruel treatment or torture. POWs have the right to correspond with their families and to receive mail. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 2 15 Exercise 2 During the attack on the Redland troops that were hiding out in the village school, some of the Redland troops were captured by Blueland troops. They have surrendered and put down their weapons. These captives are being brought back to the main Blueland camp. Military advisers are on hand to advise the camp commander (teacher’s role) on how the captives should be treated. This exercise will use a carousel activity to allow students to discuss a range of issues that could be encountered when detaining PoWs. Firstly, divide the class into three groups and set up three workstations as a carousel around the class. At each workstation, place one card from the Key questions (Resource 2B): For group use 2A. Internal memo 2B. Key questions 2C. Follow-up factsheet Words marked in bold are resources available to the teacher in this lesson pack. The three workstations are: 1. Day of arrival 2. During confinement 3. Issues relating to the conflict Ask a student to read out the Internal memo (Resource 2A), that you have received from the commander, to the class. This will remind the students of the scenarios from exercises 1 and 2, and sets the scene for this exercise. The students should then spend approximately ten minutes discussing the questions at each workstation, and make clear notes under each question. The groups will then rotate. The next group will discuss the questions and add to the notes, to clarify the points made by previous groups. In total, there will be three rotations so that each group visits each workstation. The final group at each workstation will report back on the questions from that workstation. Give students copies of the Follow-up factsheet (Resource 2C) and explain how each question relates to the key principles of IHL. This information can be used to help students reflect on how the principles of IHL would affect the initial decisions made by the groups. Alternatively, the students could again work in groups, to see if they would review their advice in light of the principles of IHL. Note for teachers The Nobel Foundation has created an interactive education game called Prisoners of War, based on the Geneva Conventions. This game places participants in the role of a commander of a prisoner of war camp, with the mission of running the camp without violating international humanitarian law. Follow the link below for more information: http://nobelprize.org/educational_games/peace/redcross/about.html Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 3 16 Exercise 3 RED CROSS VISIT This exercise will introduce students to the role of the International Committee of the Red Cross (ICRC) in visiting detainees. It is important to note that for this activity, the students will be changing their roles and working from the point of view of ICRC delegates. If this exercise follows on directly from exercise 2, it will be necessary to guide the students through their change in role. For group use 3A. ICRC visit 3B. Factsheet 3C. Follow-up 3D. Red Cross message forms Words marked in bold are resources available to the teacher in this lesson pack. Timings: 30 minutes Objectives: To understand and learn that: the ICRC, has a specific mandate under the Geneva Conventions to visit prisoners of wars (POWs) and civilian internees in order to verify whether they are being treated according to international humanitarian law international recognition of the ICRC’s status as a neutral and independent body enables visits to detainees to take place the four main objectives of the ICRC’s activities on behalf of detainees are: -----> To prevent or put a stop to disappearances and extra-judicial killings -----> To prevent or put an end to torture and ill treatment -----> To improve conditions of detention where necessary -----> To restore contact between detainees and their families. IHL rules covered People taking no active part in the hostilities (such as PoWs) shall be respected, protected and treated humanely at all times. Captured combatants and civilians are entitled to respect for their life, their dignity, their personal rights and convictions, and their physical and mental integrity. PoWs should be given appropriate care without discrimination, and they should never be subjected to violence, in particular, murder, mutilation, cruel treatment or torture. PoWs have the right to correspond with their families and to receive mail. The ICRC has the right to visit POWs and civilian internees in international armed conflict. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 3 17 Exercise 3 You are part of a team of delegates working for the ICRC in the conflict zone within the Yellow Territories. The ICRC has been monitoring the conflict in the Yellow Territories for some time and is particularly concerned at the escalation of hostilities in recent weeks. You are aware that the Blueland army is detaining some Redland troops who surrendered during a recent attack. On the strength of your internationally recognised mandate you have negotiated agreement with the Blueland army that you can undertake an official ICRC visit to the Blueland camp in a couple of days. As a team, you are anxious to make the most of the visit. You will have a limited amount of time to register those detained, view conditions in the camp and carry out individual private interviews with PoWs. Following these activities, you will discuss your findings confidentially with the prison authorities. As a team, you need to prepare: For group use 3A. ICRC visit 3B. Factsheet 3C. Follow-up 3D. Red Cross message forms Words marked in bold are resources available to the teacher in this lesson pack. a list of questions for interviews with POWs an observation checklist for living conditions within the camp. Use the words below to stimulate thought and discussion among students before they begin their task. Encourage them to think about how these terms inform the interview questions or observation checklist that they will prepare. Hygiene Dignity Discrimination Health Nutrition Confidentiality Family Exercise Education Worship Safety Divide the class into groups. One group will devise interview questions, the other an observation checklist. Give each group a number of blank pieces of paper, about A5 size. Students should initially work individually or in pairs and, depending on which group they are in, jot down interview questions or criteria for the observation checklist. They should write one question/statement on each piece of paper. After a few minutes, they should lay all the pieces of paper out on the table. As a group, they can then work together to prioritise the statements until they have ten interview questions or ten criteria for the observation checklist. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Exercise 3 18 Exercise 3 Encourage the groups to think about how they work together. Some strategies that they might use include: sorting the papers into groups and themes, deciding which themes are most important, then refining the wording of the questions using methods such as diamond ranking (see side panel) to prioritise the questions introducing a voting system to decide on the final questions/observation criteria e.g. each person has three or four stickers and can vote for the questions/observation criteria that they feel are most important. Have extra pieces of paper available so that students can refine the wording of their questions and observation criteria. Each group should share their completed interview questions and observation checklist with the rest of the class, who can ask questions and give feedback. For group use 3A. ICRC visit 3B. Factsheet 3C. Follow-up 3D. Red Cross message forms Words marked in bold are resources available to the teacher in this lesson pack. Debrief Debrief the class by using the International Committee of the Red Cross prisoner of war visit Factsheet (Resource 3B) and Follow-up (Resource 3C) to check how close they came to ICRC guidelines. The students can also look at the Red Cross message forms (Resource 3D). Were there any areas they did not consider in their interview questions or observation checklist? Encourage the students to reflect on how well they worked as a group. Note for teachers Some questions students might come up with are: 1. What is your first and last name? 2. How are your jailers treating you? 3. How long have you been detained? 4. How many prisoners are there in a single cell? 5. Do you have enough to drink? 6. What are you given to eat? 7. Have you been given medical care? 8. Would you like to send a personal message to your family/loved one? These questions are taken from RAID Cross, a role play activity on international humanitarian law. For more details, email reducation@redcross.org.uk. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Extensions 19 Extensions EXERCISE 1: OPTIONAL ADDITIONAL CLASS -BASED TASK OR EXTENS ION ACTIVITY Addition to charter on the principles of warfare In Module 1, Part 1, Exercise 1, students had the opportunity to develop a ‘charter on the principles of warfare’. If the students have already started a charter, they could now add the principles that they have learnt. Alternatively, if the students have not started a charter, starting one now could be a useful way to recap what has been learnt so far. A3/flip chart sheets to allow students to start to write their Charter on the principles of war. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Extensions 20 Extensions EXERCISE 2: OPTIONAL EXTENSION ACTIVITY Report on alleged international humanitarian law violations The students are aware from the exercises conducted in the main lessons that Redland troops have previously broken IHL by torturing and killing captured Blueland troops. The pupils should prepare a report on the alleged violations to be sent to the Home Secretary of Redland. They should explain, setting out the principles of IHL that they have learnt, why the atrocities committed by Redland are not acceptable. Students should set out the reasons why torture can never be permissible, regardless of the circumstances. Students can consider the questions set out in the Report on alleged IHL violations (Resource 4A) for inspiration but they should also feel free to include their own reasoning too. For group use 4A. Report on alleged IHL violations Words marked in bold are resources available to the teacher in this lesson pack. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Extensions 21 Extensions EXTENS ION EXERCISE 3: OPTIONAL EXTENS ION ACTIVITY The problem of landmines (45 minutes) In this exercise, students will consider the use of landmines in conflicts, understand the problems their use presents, and how they continue to impact on people’s lives. Begin with a discussion on landmines. What do students know about landmines? Can they name some countries in which landmines have been used? Anti-personnel landmines are explosive devices that are set off by the victim’s presence – either touch or proximity. They are often buried beneath the ground so that they can’t be seen by their victims. Question 1: The impact of landmines Introduce, and set the context for, the Zubaidullo video clip from the International Committee of the Red Cross (ICRC) website: http://www.icrcproject.org/source/eng/video3.html For group use Zubaidullo video clip 5A. Landmine map 5B. Landmines case studies 5C. The problem of landmines worksheet For use by teacher 5D. Landmines teacher’s resource Words marked in bold are resources available to the teacher in this lesson pack. Discuss the following questions with students: The video clip showed different shots of Zubaidullo and his friends. What sorts of things do you think they do in their free time? Do you think Zubaidullo knew there were landmines in the area where he lived? What impact did stepping on the landmine have on Zubaidullo’s life? What difference has the ICRC made to Zubaidullo’s life and others who have been similarly affected? How would you feel if there was a risk of landmines near where you lived? Introduce the landmine map (Resource 5A) to the students and ask the following questions Are students surprised at the number of countries where there are landmines In which countries are there landmines but war has ended What does this map tell us about the longevity of the impact of war on civilian populations? Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Extensions 22 Extensions Give each student a copy of the Landmines case studies 5B. Explain that they are going to consider the impact of landmines on people’s lives. The worksheets give four case studies of individuals around the world who have been affected by landmines. The problem of landmines worksheet 5C gives four facts about landmines. Students should read and discuss the case studies before completing the table, outlining the impacts and consequences of the use of landmines. Students may want to refer to the individual case studies. They may want to work in small groups as this issue might raise different thoughts and feelings. The Landmines - teacher’s resource 5D can be used to highlight the main points. Finish with a discussion: What might be some of the reasons why an army decides to use landmines? Do landmines distinguish between their targets? How does the principle of proportionality apply? Think about the way in which a landmine is activated – can the level of damage caused, and the impact it will have, ever be known? For group use Zubaidullo video clip 5A. Landmine map 5B. Landmines case studies 5C. The problem of landmines worksheet For use by teacher 5D. Landmines teacher’s resource Words marked in bold are resources available to the teacher in this lesson pack. The video clip of Zubaidullo is a clear example of why landmines must be eradicated. (International humanitarian law) plays a key role in working towards solving the problem of landmines by laying down various rules that governments must comply with, for example, the 1997 Convention on the Prohibition of Anti-Personnel Mines. Question 2: Protecting civilians from landmines The second part of the Problem of landmines worksheet 5C asks students to think of four things that a set of international standards on landmines should cover in order to help people who live in areas where there are landmines, and the responsibilities of governments in these areas. The students can work in groups to come up with ideas, then narrow them down into four points. The Landmines - teacher’s resource 5D provides a summary of the 1997 Convention to support class feedback and discussion. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 23 Resources INTRODUCTORY EXERCISES For group use Key principles iA. Distinction and proportionality at home iB. Distinction and proportionality at home – points to note EXERCISE 1 For group use 1A. Military scenario 1B. Yellow Territories map 1C. Role cards 1D. Military plan of action: prompt questions 1E. Blueland military strategic plan 1F. Factsheet 1H. Village school hideout prompt questions 1I. Village school hideout: follow-up factsheet For use by the teacher 1G. Follow-up factsheet 1J. Village school hideout: followup factsheet EXERCISE 2 For group use 2A. Internal memo 2B. Key questions 2C. Follow-up factsheet EXERCISE 3 For group use 3A. ICRC visit 3B. Factsheet 3C. Follow-up 3D. Red Cross message forms EXTENSION EXERCISE 2 For group use 4A. Report on alleged IHL violations EXTERNATION EXERCISE 3 For group use 5A. Landmine map 5B. Landmines case studies 5C. The problem of landmines worksheet For use by teacher 5D. Landmines - teacher’s resource Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 24 Lesson flowchart 15 mins Introductory exercise – Proportionality and distinction at home 45 mins Exercise 1 – Conduct of hostilities Part A – Military plan of action 30 mins Exercise 1 – Conduct of hostilities Part B – Village school hideout 60 mins Exercise 2 – Enemy captives 30 mins Exercise 3 – Red Cross visit 30 mins Extension exercise 1 – Addition to charter on the principles of warfare 30 mins Extension exercise 2 – Report on alleged IHL violations 45 mins Extension exercise 3 – The problem of landmines Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 25 Key principles To be printed onto a large piece of paper to be placed at an easy reference point in the classroom Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 26 Key principles To be printed onto a large piece of paper to be placed at an easy reference point in the classroom Key principles Civilian Command responsibility Any person who is not a combatant. When civilians take a direct part in fighting, they lose their protection from attack. (When there is any doubt about a person’s status, he or she shall be considered to be a civilian.) Someone in a superior position can be held responsible not only for the crimes they have ordered, but also for failing to prevent or punish the action, or the inaction, of their subordinates. Military objective Civilian object Any object that is not a military objective. When a civilian object is used in support of military action, it becomes a legitimate military target and loses its protection. (When there is any doubt about whether a civilian object is being used in support of military action, it shall be considered to be a civilian object.) Collateral damage (non-legal) The incidental damage, loss or injury that is caused to civilians and civilian objects in the course of an attack against a legitimate military target, despite taking all necessary precautions to prevent or minimise such damage, loss or injury. Object which by its nature, location, purpose or use makes an effective contribution to military action and whose destruction offers a definite military advantage. Perfidy Misleading an adversary by falsely claiming protection under international humanitarian law and doing so with every intention of betraying the protection acquired. Prisoners of war Enemy combatants (male or female) who, in an international armed conflict, fall into the power of the enemy. Torture Combatant A member of the armed forces or a member of an armed group under the orders of a party to the conflict. The intentional infliction of severe suffering or pain where there is a specific purpose for such infliction (such as the retrieval of information). Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 27 iA: Distinction and iA: proportionality at home To be printed onto cards and given out to students. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 28 iA: Distinction and iA: proportionality at home To be printed onto cards and given out to students. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 29 iB: Distinction and iA: proportionality at home As handout OR for teacher use DISTINCTION AND PROPORTIONALITY AT HOME – POINTS TO NOTE Distinction Each of the following scenarios illustrates the principle of distinction: Detention: If some students in a class have been misbehaving but others have not, to discipline the whole class overlooks the principle of distinction. It is not correct to punish the whole class for the wrongdoing of a minority as it results in punishment of the innocent. Driving ban: The other drivers in the car are innocent parties and had no involvement in the driver’s crime. It does not matter that they did not tell him to stop speeding and a blanket ban for all passengers ignores the principal of distinction – i.e. distinguishing the person who was breaking the law from those who were not. Slugs: In order to ensure that only the slugs in the garden are killed by the spray, the spray needs to somehow distinguish between the slugs and the other wildlife, which are not causing any problems. Exam: It is an indiscriminate response to require all students in a class to re-sit an exam purely because a few of the students failed it. The students who passed do not need to re-sit their exam. In deciding who should re-sit, the teacher should distinguish between those who need to re-sit it (i.e. those who failed) and those who do not (i.e. those who passed). Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 30 iB: Distinction and iA: proportionality at home As handout OR for teacher use DISTINCTION AND PROPORTIONALITY AT HOME – POINTS TO NOTE Proportionality Each of the following scenarios relates to the principle of proportionality. Each illustrates a scenario where the action taken is not proportionate to the aim which is to be achieved: Leg: Amputation (a limb removal operation) is a wholly disproportionate response to the risk that a person might get an infection from a cut. A proportionate response would be to apply some antiseptic cream or to take some antibiotics. Car: If your car has a flat tyre, the proportionate response to the problem is to change the tyre. To buy a new car is unnecessary and goes far beyond the initial problem to be solved. Computer: If your computer has a virus, to buy a new computer would not be a proportionate response to the problem unless the virus had done so much damage to the computer that it was unusable. Otherwise, a more proportionate response would be to have the virus removed by virus software or a computer engineer. Ambulance: The laws that apply to ambulance drivers during an emergency call are different to those that apply to normal members of the public. This is because breaking the speed limit is a proportionate response for an ambulance driver to take in a medical emergency. It is rarely proportionate for a normal driver to break the speed limit. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 31 1A: Military scenario Background information Yellow Territories conflict The conflict centres on a border dispute between Redland and Blueland that has been ongoing for many years. Both Redland and Blueland believe they have the rightful claim to the Yellow Territories, the disputed section of land. However, for the past 30 years, Redland has had the stronger presence. Two years ago, Blueland elected a new government that vowed to claim back the Yellow Territories if they got into power. The two years since this government’s election have been some of the most hostile in the two countries’ history. Thousands of Blueland troops are now stationed in the Yellow Territories but Redland forces are also putting up a strong fight. There is now an ongoing armed conflict between Redland and Blueland over the Yellow Territories. Blueland has stationed a base in the Jaune region of the Yellow Territories. The main Redland base is located just outside the large town of Amarillo. Blueland’s next goal is to take control of Amarillo. Jaune and Amarillo are 100 miles apart. A small group of Redland troops are currently stationed 90 miles due east between where you are based with Blueland and Amarillo, but they are advancing towards you. Between you and the Redland troops lie several villages and a power station. Next steps If you are to achieve your goal of taking control of Amarillo, you must launch an attack on the advancing Redland troops to prevent them from taking control of your base. Your commander (your teacher) has asked you for advice as to how the fighting should be conducted. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 32 1B: Yellow Territories map Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 33 1C: Military adviser role cards Blueland Legal adviser As the commander’s most senior legal adviser, you must advise him or her on the course of action which most adheres to the principles of international humanitarian law (IHL) and provide reasons for your advice. Your key aim is to balance the goals to be achieved in the conflict with the principles of IHL. Factors you must consider You are aware that violations of IHL can have serious consequences for those who breach them, including potential imprisonment. You must make your fellow advisers aware of the legal principles underlying conduct in conflict situations so that they will agree with your proposed course of action (one which is strictly in line with IHL). You must assure your colleagues that this is the only way that potential legal punishments can be avoided. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 34 1C: Military adviser role cards Blueland Communications officer With responsibility for communications within the army, you must advise the commander of any negative publicity that could be associated with any planned course of action. Your main aim is to preserve the public image of Blueland, ensuring no unwarranted negative press is associated with an attack on Redland troops. Factors you must consider There are sensitive issues surrounding the invading of the Yellow Territories by Blueland and you want to ensure that the collateral damage is minimised to the greatest extent possible, especially in relation to civilians and civilian infrastructure. You are aware that if Blueland is to take control of the Yellow Territories, you will need to keep local civilians on side and also minimise the amount of rebuilding of infrastructure required after the conflict. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 35 1C: Military adviser role cards Blueland Local community officer You are the civilian population’s direct link with the commander. Your main aim is to protect the local community – both its people and its infrastructure. You must advise the commander of the course of action that will most effectively ensure the safety of innocent civilians inhabiting the nearby villages. Factors you must consider: You must ensure that, while the military goals of Blueland are achieved, the civilian community is protected. If a civilian is hurt, Blueland troops must ensure that they are helped, and given the resources and aid that they require. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 36 1C: Military adviser role cards Blueland Army officer You play a key role in the planning of military strategy, especially in communicating the detail of military strategy to the troops. You must advise the commander on the course of action that will most ensure the safety of Blueland troops, and provide him or her with reasons for your advice. Your key aim is to ensure that Blueland troops are not put at unnecessary risk. Factors you must consider After two years of intense fighting, the morale and safety of troops is your primary concern. You will only deploy troops if you are confident the military objective will be achieved. You want to use your troops’ time and energy efficiently and, for military purposes, you will not put them at risk in order to spare a higher number of civilians. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 37 1C: Military adviser role cards Blueland Tactics officer You work on the detail of military strategy and consider how this attack will help the long-term military goal. You must advise the commander on the course of action that will ensure the longterm success of any military offensive taken now. Factors you must consider You are keen to ensure that Redland troops are hit sufficiently hard by the attack that they are dissuaded from attempting to advance on the Blueland base in the future. You wish to persuade the commander that “shock and awe” tactics are the most suitable in this situation and that, accordingly, an aggressive line of attack should be taken against the Redland troops. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 38 iD: Military plan of action: iA: prompt questions Your commander wants to prevent the advancing Redland troops from getting too close to the Blueland stronghold in Jaune so wants to launch an attack as soon as possible. However, as shown by the map, the Blueland troops are currently advancing through an urban area with many civilian villages. The commander wants to know your advice on how the attack on Redland troops should be conducted. This will be decided at a military council meeting with the other advisers. You should consider the following questions when feeding back your advice, and consult the map where appropriate. Also, give consideration that your advice complies with the principles of IHL. Location Timing What is the best location for the attack? How do the locations of the villages affect your decision? What would be the ideal timing for the attack and why? What are the advantages/ disadvantages of launching an attack at night/during the day? Clothing Weapons What would be the most appropriate clothing for your troops to wear in order to make it more difficult for Redland troops to identify them as opposition forces? Consider the following options: (1) civilian clothing or (2) camouflaged clothing. What is the rationale behind and what are the consequences of using each option? What is the most appropriate choice of weapon for use in attacking the soldiers in your chosen location? Available weapon options are: small firearms, snipers, explosive devices, heavy artillery or mortars. Does the chosen location of the attack affect this decision? How? Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 39 iD: Blueland military iA: strtegic plan Blueland military strategic plan Date: Military advisers: Reasons for attack: Overview of strategy: Location of attack: IHL Principles: Timing of attack: IHL Principles: Clothing: IHL Principles: Weapons: IHL Principles: Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 40 iD: Blueland military iA: strategic plan FACT SHEET FOR STUDENTS Location Timing The hostilities should be conducted as far away as possible from civilians in order to reduce the number of civilian casualties and damage to civilian infrastructure. The least urban areas with no vulnerable civilian structures nearby are the most suitable places for an attack. By conducting the attack at night, when most civilians will be indoors, the number of potential civilian casualties is likely to be greatly reduced. Clothing Weapons The most appropriate choice of clothing in the scenario is camouflage. Dressing up as a civilian in order to gain an unfair military advantage over your opponent is illegal under international humanitarian law (IHL). It could also lead to civilians being suspected or even targeted as combatants. The appropriate choice of weapon depends on the proximity of civilians and civilian objects. For example, a large bomb which destroys everything in a half-mile radius may be suitable for use at 4F but the presence of the villages’ power supply at D4 will mean that more directed weapons would need to be used if the attack was launched here. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 41 1G: Follow-up factsheet BLUELAND MILTARY PLAN OF ACTION – FOR TEACHERS Distinction Proportionality The principle of distinction states that the parties to a conflict must distinguish between the civilian population and combatants. Neither the civilian population nor civilian property may be attacked – attacks may be made solely against military objectives. The proportionality is important to the scenario in two ways: 1. The choice of action must be proportionate to the anticipated military advantage. The action decided on by the military council must weigh the concrete military objective (defeat the Redland troops in the Yellow Territories) against the risks to civilians. The council must keep this in mind when deciding how to carry out their attack (or even when deciding whether it is proportionate to attack at all). 2. Proportionality comes into play when choosing the type of weapon to be used. Although it might not be possible to prevent civilian casualties, the council must take all precautions to minimise the risk to civilians. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 42 1G: Follow-up factsheet BLUELAND MILTARY PLAN OF ACTION – FOR TEACHERS Location Clothing 1. The hostilities should be conducted as far away as possible from civilians in order to reduce the number of civilian casualties and damage to civilian infrastructure. The map shows any villages standing between the Blueland base and the advancing Redland troops. There are, however, three locations which may be more suitable for an attack as they are the least urban areas. They are located at 3F, 4F and 3D. The most appropriate choice of clothing in the scenario is camouflage. Under IHL, it is forbidden to commit “perfidy”, which is the act of misleading an opponent by falsely claiming protection under IHL in order to kill, capture or injure an adversary. For example, dressing up as a civilian in order to gain a military advantage over your opponent would constitute perfidy as your opponent would wrongly believe that he or she was obliged not to harm you. 2. It can be seen that in the case of 3D ,there is a power station located within half a mile. Any attack in this location would have to take into account the presence of this installation containing dangerous forces. If an attack was launched near the power station, the choice of weapon would play a major role. IHL forbids the attack of structures such as nuclear power stations, due to the possible consequences of severe losses to the civilian population. The power supply is also important for the survival of the civilian population. Dressing up in civilian clothing in such circumstances can also lead to other violations of IHL. Consider the following scenario: Blueland troops are dressed in civilian clothing. This means that Redland troops can’t distinguish between combatants and civilians. This may lead to Redland troops targeting civilians as though they were combatants. They may also be suspicious that other disguises may be used which could lead to medical and humanitarian workers being suspected or even targeted as combatants, and the consequent interruption of humanitarian work. Timing Weapons By conducting the attack at night, when most civilians will be indoors, the number of potential civilian casualties is likely to be greatly reduced. However, the launch of a night-time attack takes careful planning as visibility is greatly reduced. The launch of an attack at night should not compromise the accuracy with which military objectives are targeted. From an IHL perspective, the appropriate choice of weapon will very much depend on the proximity of, and impact it will have on, civilians and civilian objects. For example, a large bomb which destroys everything in a half-mile radius may be suitable for use at 4F. But the presence of the villages’ power supply] at 4D will mean that more directed weapons would need to be used if the attack was launched here. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 43 1H: Village school hideout: iA: prompt questions Military intelligence has told you that some of the Redland troops have broken away from the main group and are hiding out in a school in one of the villages located between you and Amarillo. Your commander wants to know how to approach the problem. He is particularly concerned about this development, as it is tactics like this that have led to Redland holding a stronger presence in the Yellow Territories over the last few years. Also, the fact that Redland troops are advancing so close to a built-up area has made the commander concerned that civilians may be affected in this offensive. The commander wants your advice. In planning your response, consider the factors of distinction and proportionality in relation to the school as a military target, and how the attack might have consequences for civilians. You should consider the following questions when giving your advice: 1. 2. Is it necessary to attack the school? Is there a risk involved in leaving the soldiers there? If you do decide to attack the school, how would you go about it and why? What is the most appropriate choice of weapon? Remember that the choice of weapon could be a key factor in whether the attack is proportionate or not. 3. Are there any alternative ways of attacking the soldiers hiding in the school? Is there anything that could be done to reach the soldiers but to avoid launching an attack in or on the school? 4. There are a number of civilian homes close to the school. What might be the impact of an attack on the local civilian population? What can you do to minimise the impact? Would your answer differ if the nearby buildings were offices instead of homes? Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 44 1I: Follow-up factsheet VILLAGE SCHOOL HIDEOUT – FOR STUDENTS Alasdair Macleod (BRCS) The school is being used as an enemy hideout, which means it loses its protection as a civilian object and becomes a legitimate military objective that can be targeted by enemy troops. Factors such as the risk associated with leaving the soldiers in the school and whether there are still civilians inside the school will influence how the situation should be handled. Another option to attacking the school might be to attempt to coax the enemy out of the school and away from the village. There are various methods by which this could be done, such as by creating a decoy. Civilian homes in close proximity to the school mean that there is a high possibility that innocent civilians will be caught in the crossfire of the combat. In carrying out an attack on the school, the most appropriate weapons are small arms that can be aimed precisely and have a small impact in order to minimise the risk to civilians. The use of weapons with a larger impact such as artillery or aerial bombardment are unlikely to be proportionate in these circumstances. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 45 1J: Follow-up factsheet VILLAGE SCHOOL HIDEOUT – FOR TEACHERS To attack or protect? As the school is being used as an enemy hideout, it loses its protection as a civilian object and becomes a legitimate military objective that can be targeted. The principle of proportionality still applies, however, and it will determine how any planned attack would be carried out. Factors such as the risk associated with leaving the soldiers in the school and whether there are still civilians inside the school will influence how the situation should be handled. Before launching any kind of an attack, there is a responsibility to do everything feasible to minimise the risk of civilian casualties. Even if there are civilians inside, an attack could still be legitimate if the school is an important enough location to the military operation and sufficient precautions are taken to reduce the risks to civilians. For example, an outright bombing of the school would probably be illegitimate, whereas a careful ground attack with small arms aimed at the enemy occupants would probably be OK. An alternative approach to attacking the school might be to attempt to coax the enemy out of the school and away from the village. There are various methods by which this could be done, such as by creating a decoy. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 46 1J: Follow-up factsheet VILLAGE SCHOOL HIDEOUT – FOR TEACHERS Weapon choice When selecting a type of weapon to be used in attacks that are conducted in close proximity to civilians, the principle of distinction must always be considered. In carrying out an attack on the school, the most appropriate weapons are small arms that can be aimed precisely and have a small impact in order to minimise the risk to civilians. International humanitarian law (IHL) dictates that it is not only civilians that are protected but also civilian objects. Whereas the school building has temporarily lost the protection of IHL, as it is occupied by the enemy, the surrounding buildings have not and this must be taken into consideration. The use of weapons with a larger impact such as artillery and aerial bombardment are unlikely to be proportionate in these circumstances unless the risk of civilian losses is deemed to be negligible or the immediate risk posed by the presence of the enemy inside the school is an even greater risk to the civilian population (this could be the case if, for example, the school was being rigged with explosives due to detonate imminently). Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 47 1J: Follow-up factsheet VILLAGE SCHOOL HIDEOUT – FOR TEACHERS Civilians Civilian homes in close proximity to the school means that, even if the enemy can be coaxed out of their hiding place, there is a high possibility that innocent civilians will be caught in the crossfire of the combat. The use of handheld weapons is considered more appropriate to a scenario where civilians are close by as this helps to minimise indiscriminate harm. The use of uniforms can also be quite important in this respect. If combatants can easily be distinguished from civilians, civilians are less likely to become caught up in the fighting. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 48 2A: Internal memo TO BE READ OUT BY THE CLASS “You decided to launch your attack on the Redland troops at night in the least populated area of the Yellow Territories, far removed from civilian infrastructure. Attacking at night also reduced the chances of civilian casualties. You used small bombs and missiles as your weapons – these were powerful enough to fulfil your military objectives but not so powerful that they caused indiscriminate damage to civilians or their property. For the attack on the school in the village, you used small handheld firearms for man-to-man combat to avoid potential civilian casualties and damage to the surrounding homes. Again, you launched your attack at night in order to minimise potential civilian casualties. You have just been informed that during the attack on the school, some of your fellow troops captured some enemy soldiers who surrendered, and they are currently bringing them back to your station. Your commander has asked you how these soldiers should be treated. Consider the Key questions handouts. In answering these questions, you should consider how the principles of international humanitarian law will affect your decisions. If necessary, refer back to the Key principles to help you.” Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 49 2B: Key questions DAY OF ARRIVAL – Workstation 1 1. The captives have just been brought back to the camp and you need to decide where you are going to keep them. What sort of accommodation will you put them in? Will you give them access to outdoor spaces? 2. What will you do with their personal possessions? 3. One of the captives has a serious injury which requires him to be evacuated to a medical facility away from the front line. However, this would put your troops at risk and diminish the number of troops you have available to fend off enemy forces. Do you evacuate him? Notes Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 50 2B: Key questions DURING CONFINMENT – Workstation 2 1. Your troops have been stationed at the base for longer than had been anticipated and your food rations are getting low. How will that affect your treatment of the prisoners in your care? What are you going to do? 2. One of the prisoners says that he has a letter that he needs to send. Do you send the letter for him? Would your answer be different if he told you that the letter contained military information? 3. One of the captives is attempting to escape from the confines of your camp. What action do you take? 4. You have become aware that some of your fellow soldiers would like to get revenge for the previous torturing and killing of their comrades by the captives. You have overheard them muttering threats to the captives. What action do you take? Notes Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 51 2B: Key questions ISSUES RELATING TO THE CONFLICT – Workstations 3 1. Enemy troops are advancing towards your position and you need more troops to fend them off. Do you make the captives fight for you? 2. You believe that one of the captives has valuable information that will help your campaign. However, he is remaining silent and refusing to cooperate in interrogations. What do you do? 3. One of the captives is attempting to escape from the confines of your camp. What action do you take? 4. You are aware that the International Committee of the Red Cross might request to visit the detainees, as they did on previous occasions in the conflict. Will you place any restrictions on registering the prisoners or on taking notes? Notes Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 52 2C: Follow-up factsheet In addition to the key principle that prisoners of war (PoWs) must be humanely treated at all times, the principles listed below relating to the treatment of PoWs are relevant to the scenarios you have just discussed. It will be the responsibility of the commanding officer to ensure that these principles are adequately upheld when PoWs are taken. Scenario-specific principles Conditions of internment PoWs must be kept under conditions that are as favourable as those for your own forces at the camp and they must not be kept in close confinement (except in cases where this will be in the interests of the prisoner). The prisoners must also be given the opportunity to go outdoors and take physical exercise. Possessions With the exception of certain items such as firearms and military equipment, PoWs should be allowed to keep all personal belongings in their possession. Medical treatment PoWs must be given all the medical attention they require. Where a prisoner of war needs special treatment, a surgical operation or hospital care, he must be admitted to any medical unit that can provide such treatment. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 53 2C: Follow-up factsheet Food PoWs must be provided with adequate food and drink. Their captivity must not lead to their starvation or neglect. Troops are permitted to purchase food from civilians but they must pay for it and cannot simply “plunder” (steal) it. Correspondence PoWs must be allowed to send letters and cards up to a certain quota. The detaining power has the right to censor this correspondence. However, there are often practical issues associated with the sending of prisoner correspondence which leads to limitations on the amount of correspondence a prisoner can send. In some circumstances, the Red Cross can step in to offer practical assistance (e.g. by arranging for the transfer of messages and parcels). Escape The use of weapons against PoWs (especially those who are attempting to escape) is only permitted in extreme circumstances and must always be preceded by sufficient warnings. Reprisals PoWs must be protected at all times, particularly against insults, acts of violence and intimidation. Measures of ‘reprisal’ against PoWs are prohibited. Reprisal refers to taking measures that are unlawful under international humanitarian law (IHL) in order to punish an enemy who has already broken IHL.However, a prisoner of war who has committed violations of IHL is subject to the laws of the state detaining him or her, and can be prosecuted for war crimes under the state’s laws. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 54 2C: Follow-up factsheet Forced combat Compelling a PoW to fight is a violation of IHL. Obtaining information You should check that the prisoner understands the language in which they are being questioned. It is a requirement of IHL that the questioning of PoWs must be carried out in a language they understand. Torture of any kind (whether physical or mental) is prohibited under IHL. Prisoners who refuse to answer questions may not be threatened, insulted or exposed to disadvantageous treatment of any kind. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 55 3A: Follow-up factsheet You are part of a team of delegates working for the International Committee of the Red Cross in the conflict zone within the Yellow Territories. The ICRC has been monitoring the conflict in the Yellow Territories for some time and is particularly concerned at the escalation of hostilities in recent weeks. You are aware that the Blueland army is detaining some Redland troops who surrendered during a recent attack. On the strength of your internationally recognised mandate, you have negotiated agreement with the Blueland army that you can undertake an official ICRC visit to the Blueland camp in a couple of days. As a team, you are anxious to make the most of the visit. You will have a limited amount of time to register those detained, view conditions in the camp and carry out individual private interviews with PoWs. Following these activities, you will discuss your findings confidentially with the prison authorities. As a team, you need to prepare: a list of questions for interviews with PoWs an observation checklist for living conditions within the camp. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 56 3B: Factsheet INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) PRISONER OF WAR VISIT FACTSHEET In international armed conflicts, the Geneva Conventions recognise the right of ICRC delegates to visit prisoners of war and civilian internees. The main purpose of ICRC visits is to ask the authorities to take any steps deemed necessary to improve the detainees’ treatment. The ICRC’s activities on behalf of prisoners have four main objectives: To prevent or put a stop to disappearances and potential killings To prevent or put an end to torture and ill treatment To improve conditions of detention where necessary To restore contact between detainees and their families In cases of emergency, the ICRC may also provide the inmates with medicines, clothing, toiletries and food. Before the visit The ICRC gathers information and establishes as many facts as possible about the nature of the detention. The authorities are approached to allow the visit to go ahead. The visit All visits follow a standard procedure. The ICRC has established guidelines enabling it to evaluate a prison system objectively and submit realistic proposals to the authorities. The ICRC team consists of at least one delegate and one doctor, or sometimes a nurse depending on the scale of the camp. 1. The visit starts with a preliminary exchange of views with the people in charge to explain how the visits are organised and carried out. 2. Together with the authorities, they inspect the entire premises including cells, dormitories, latrines, showers, exercise yards, visiting rooms, kitchens, workshops, sports areas, places of worship, hospital, and punishment and solitary confinement cells. 3. The most important part of the visit is the private conversations the delegates have with each prisoner who requests it (there are no authorities or guards present during these conversations). This allows the ICRC team to find out what the prisoners regard as their main problems. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 57 3C: Follow-up Follow-up The ICRC analyses its findings, and submits conclusions, recommendations and a plan of action to the people in charge of the detention centre. Often, problems can be solved by establishing a working relationship with the local prison authorities. The next step is to approach the higher authorities, as problems such as overcrowding, medical transfers and water or food supplies often depend on the Prisons Department or the Ministry of Health. The ICRC regularly provides national authorities with a summary report, which may include the problems identified but also improvements observed or steps taken. Until the late 1940s, the ICRC used to publish its reports on visits to prisoners. However, the reports were sometimes used for political purposes, to gain sway for a particular point of view or argument, and this jeopardised any ongoing dialogue with the prison authorities and, therefore any potential improvements to the prison conditions. Therefore the ICRC had to stop publishing them. Since then, ICRC reports have been submitted privately to the authorities concerned. Whenever the ICRC visits prisoners of war (PoWs) captured during an international armed conflict, it also sends a copy of its report to the government of the PoWs’ home country. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 58 3D: Red Cross message forms Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 59 3D: Red Cross message forms Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 60 4A: Report on alleged IHL $a: violations As you are aware, Redland troops have previously broken international humanitarian law (IHL) by torturing and killing captured Blueland troops. You should prepare a report to be sent to the Home Secretary of Redland. Your report should explain, setting out the principles of IHL that you have learnt, why the alleged atrocities committed by Redland are not acceptable. You should set out the reasons why torture can never be permissible, regardless of the circumstances. The following questions should act as a guideline on the type of issues that should be covered in your report. However, you should also feel free to include your own reasoning too. Guideline questions What is the moral precedent that permitting torture could set? If torture were permitted in certain scenarios (such as in locating a ticking bomb), how would soldiers know where to draw the line? What impact could the use of torture in a conflict scenario have on the wider political standing of a country? Can one ever be truly certain that the person being tortured has the information that is needed? How credible is the information that is obtained under duress from a person being tortured? What is likely to happen if someone being tortured does not have the information that you are questioning him or her for and what impact could this have on the military objective? What could the long-term effects of torture be on the likelihood of peace and reconciliation after a conflict? Report on alleged IHL violations Written by To Date Signed Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 61 5A: Landmine map Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 62 5B: Landmine case studies The following are real-life stories of civilians from around the world who have been affected by landmines. Rita Rita Pariyaar was herding cattle near an army barracks when she touched a mine with her right foot. The ten-year old Nepalese remembers: “[It felt] like my foot stepped on a cauldron of hot water, and the next morning there was blood all over. It took me a while to digest the fact that I had nothing left below my ankle.” She was taken to an orthopaedic centre in Pokhara in western Nepal, supported by the International Committee of the Red Cross (ICRC), where she was provided with an artificial limb and given physiotherapy. After a year of care, Rita is happy to be back in school again. http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/p1015 Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 63 5B: Landmine case studies Muhammad In southern Lebanon, a few days before his 12th birthday, Muhammad was riding pillion on his father’s motorcycle when they hit something on the road: “I fell off the motorbike into a hole and I remember something blew up.” His father was only slightly injured but the blast set Muhammad’s body on fire. When he woke up in hospital, he had lost both his legs. http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/p1015 Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 64 5B: Landmine case studies Martine On 8 June 2009, Martine, who is 36, has two children of her own and supports ten brothers and sisters, stepped on a landmine. “It happened in Koureng, my home village,” says Martine, sitting on her bed. “We wanted to return there to live. That day, my grandfather was cutting wood in the forest so he could build a cabin. But there was a lot of wood and it was hard for him to carry so I went to help.” Martine pauses, looking absently at the floor, then resumes. “It wasn’t even 100 metres from the houses. The path is used all the time, even by the soldiers. It didn’t occur to us that there were any mines there.” http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/senegal-feature-231209?opendocument Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 65 5B: Landmine case studies Ulvi Azerbaijani children living in frontline villages hear instructions such as “be careful”, “don’t walk far from the yard” and “play only around the house” daily from their parents. Ulvu Orujev, a 12-year-old resident of Mahmudlu village, is not allowed to play far from his house. His parents only let him play in the yard. He says: “They worry that we might step on landmines but now we have a safe playground, they are less worried.” http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/azerbaijan-feature-300908?opendocument Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 66 5C: The problem of landmines Anti-personnel landmines are ‘victim-activated’ explosive devices that are set off by the victim’s presence (either touch or proximity). They are buried beneath the ground so that they can’t be seen by their victims. Question 1: The impact of landmines The following exercise will help you think about the problem of landmines and the way they impact on people’s lives. Use the case studies sheets (Resource 5B) to read about, and discuss the impacts and consequences of landmines. Then complete the table below, outlining impacts and consequences in relation to the four facts about landmines. You might want to use the case studies to help you develop your answers. Fact Impacts and consequences Landmines can kill or injure anyone who comes near them. Landmines continue to kill and injure non-combatants for years after the combat has ended. The presence of landmines can leave vast areas of land unusable and dangerous, preventing subsistence activities such as farming. Those victims of landmines that do survive are often left with lost limbs and/or serious disfigurements. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 67 5C: The problem of landmines Question 2: Protecting civilians from landmines Zubaidullo and the other case studies show clear examples of why landmines must be restricted. International humanitarian law (IHL) plays a key role in working towards solving the problem of anti-personnel landmines by laying down various rules that governments must comply with, for example, the 1997 Convention on the Prohibition of Anti-Personnel Mines. Try to think of things that a set of international rules on landmines should cover. Work in groups to come up with a range of ideas. Discuss which rules are the most important then narrow them down to four key principles. What provisions should the rules make for people who are living in areas where there are landmines? 1. 2. . What should the rules say about the responsibilities of governments of countries where there are landmines? 3. 4. . Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 68 5D: Landmines 5D: teacher’s resource Question 1: The impact of landmines The table below outlines some consequences related to the four facts about landmines. Fact Impacts and consequences Landmines can kill or injure anyone who comes near them. Victims of landmines can be civilians or military troops, and can be any age. Weapons should not be indiscriminate. ‘Indiscriminate’ weapons are those that are incapable of distinguishing between civilians and military targets because either they cannot be directed at a specific military objective, or their effects cannot be contained. Landmines continue to kill and injure non-combatants for years after the combat has ended. Civilians and communities, who had no role in the conflict, suffer for years after the conflict has ended. The presence of landmines can leave vast areas of land unusable and dangerous, preventing subsistence activities such as farming. The presence of landmines can limit the ability of communities to function, re-establish livelihoods and build local economies, preventing subsistence activities such as farming. Those victims of landmines that do survive are often left with lost limbs and/or serious disfigurements. Sometimes the state and public services do not provide sufficiently for the particular needs (e.g. physical, social and emotional needs, and livelihoods) of people who have been affected by landmines. It is prohibited to employ methods or means of warfare that are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment. Victims of landmines may miss out on education, training and work as they recover. They may become economically inactive and place a burden on the healthcare system. Victims of landmines may also face stigma within society. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law These education resources have been produced by the British Red Cross, in partnership with Allen & Overy Justice and Fairness > Module 3 > Resources 69 5D: Landmines 5D: teacher’s resource Question 2: Protecting civilians from landmines The 1997 Convention on the Prohibition of Anti-Personnel Mines (also called the Ottowa Convention) is aimed at solving the problem of anti-personnel landmines and prohibits their production, stockpiling and trading. It also lays down the following requirements: Every government has ten years to clear mined areas that are under its control. Education of civilians about the danger of landmines (warning them of their dangers). The marking and fencing off of mined areas. The rehabilitation of mine victims. Since the Convention was adopted, the use and production of anti-personnel mines have decreased dramatically, and the trade in these weapons has virtually stopped. Tens of millions of mines have been destroyed and thousands of square kilometres of land have been cleared. As a result, the number of new casualties is decreasing significantly. Justice and Fairness | Exploring justice and fairness as part of international humanitarian law