Justice and Fairness > Module 3

advertisement
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
Download