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Justice and Fairness > Module 1 > Part 1 > Introduction
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Part 1:
Victim or perpetrator? To target or to protect?
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Justice and Fairness > Module 1 > Part 1 > Lesson plan and teacher briefing
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Introduction
This "Ambiguities of identity in conflicts"
lesson is part of a course developed to help
teachers introduce a basic understanding of
International Humanitarian Law (IHL) as part
of the Citizenship curriculum and Citizenship
Studies GCSE specifications.
IHL (also known as the Law of Armed Conflict)
is a separate strand of international law
which sets out rules for conducting war to
limit the suffering and damage it inflicts on
people, property and the environment. It is
important to distinguish IHL from the body of
international law which deals with the legality
of going to war (e.g. the United Nations
Charter (1945).
It is also separate from Human Rights Law
which deals with promoting and protecting
the human rights of individuals across the
world, irrespective of whether they are living in
peace or conflict. Instruments of human rights
law include the European Convention for the
Protection of Human Rights and Fundamental
Freedoms (1950) and the Convention on
the Elimination of all Forms of Discrimination
against Women (1979).
The study of IHL offers students more than a
set of legal rules to apply to distant conflicts.
More importantly, IHL provides a stimulating
framework in which to introduce students to
principles of distinction, humane treatment
and respect for human dignity– fundamental
principles of IHL but also useful concepts
which can inform their decisions about their
own relationships and communities .
Also, in an increasingly media fuelled society,
students are surrounded by images and
stories of conflict and the human, social and
environmental devastation these can cause.
This information is often delivered as sound
bites. The effect is a lot of often incomplete
and biased information. By working through
the topics and exercises in these lessons,
the course helps equip students with skills
that will help them approach information as
critical young adults. They will learn to assess
information for completeness, challenge their
own preconceptions, identify universal values
in seemingly remote issues and empathise
with their fellow human beings.
The first lesson will introduce students to
different categories of people and places
involved in an armed conflict, whether as a
military installation or non-military facility, and
how those different categories of people and
places may be treated.
The students will develop an insight into how
it is not always easy to identify which category
a person or place belongs to in fast changing
situations that accompany armed conflicts, and
how an individual’s circumstance could, rightly
or wrongly, also impact on decision-makers’
attempts to categorise people and places.
Age group: 14-16 year olds.
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Justice and Fairness > Module 1 > Part 1 > Lesson plan and teacher briefing
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Summary of lesson
People are often defined by their role in society.
For example, a person could be seen as a
leader (political or business), a parent,
a doctor, a teacher, a civil servant or even a
celebrity. In countries further afield, a person
may be defined by their role as a clan leader,
a herdsman, a religious leader or a warrior.
On the one hand, there is more to a person
than this one role and categorising people
based on one role or characteristic should
be avoided as it can limit the opportunities
available to individuals. On the other hand,
societies have always organised themselves,
and their rules about how people should
behave and be treated are based on which
categories a person belongs to. In many
societies for example, women will be entitled
to maternity leave while men may not
necessarily be entitled to paternity leave.
Similarly, many societies will have rules
requiring young people up to 14, 16 or 18
to attend school, or setting the retirement
age for women at 60 but at 65 for men.
It also looks at how perceptions of such actors
can change, depending on the information
that active participants in the conflict or
external observers have.
In conflicts, categorisation of people could
also become confused by the behaviour and
choices of individuals. Although a person
appears in every respect to belong to one
category, certain behaviour or circumstances
may suggest he/she belongs to another
group, or may even on occasions legally push
him/her into another group. For example a
group of women may be school teachers in
everyday life but, due to the breakdown of
society in war, they may have spontaneously
taken up arms to defend their children from an
attack on their village (levée en masse).
In the same way, categorisation of people
(and places) plays a key role in IHL as
different types of protection and obligations
apply to different people, depending on which
category or group they belong to.
While the rules that apply to different
categories under IHL are easy to understand,
it may not always be easy to assess and
categorise people in the changing
environment of a conflict. Fighters will make
decisions based on their analysis of the facts
available to them at the time. In conflict
situations, however, access to full information
is often limited and facts can change quickly.
Via extension activities, this lesson expands
these ambiguities relating to identity and
categorisation in conflict to places, buildings
and other types of facilities by introducing
concepts such as military targets, safe havens
and collateral damage.
This lesson introduces students to some
ambiguities that can arise in connection with
preconceived ideas about who belongs to
which legal category under IHL by looking at
key actors such as combatants, persons
“hors de combat” and civilians.
The term combatant is used in the context
of international conflicts. Persons “hors de
combat” literally means people outside the
fighting i.e. individuals who no longer take
part in the fighting e.g. due to injury, being
captured or having surrendered.
NOTE FOR TEACHERS
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Justice and Fairness > Module 1 > Part 1 > Lesson plan and teacher briefing
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Learning outcomes
By the end of this lesson and the extension
activities, the students will understand an
important distinction which underlies many of
the principles of non-discriminatory and
humane treatment in conflicts: the difference
between key categories of people and places
(combatants, persons “hors de combat” and
civilians, and military and non-military targets)
as well as an understanding of what protection
and treatment are associated with such
categories.
On a personal level, students will have
discovered how conflict can affect different
individuals in different ways – often causing
individuals to act differently from what they
might expect. They will, therefore, understand
the importance of analysing situations critically,
based on the information rather than on
preconceived ideas.
Students will develop their critical thinking
skills and ability to explore other points of
view by analysing:

how to apply the principles of legal concepts
to different scenarios

how perceptions of an individual or an
individual’s acts may vary depending on
circumstances and what information is
available about the individual at any time.
The class-based exercises are designed
to develop students’ critical thinking, and
debating and presentation skills. The
extension activities and project work are
designed to develop analytical, research,
writing and presentation skills.
By the end of the lesson, students should also
be familiar with concepts such as civilians
(including children, refugees and interned
people), the wounded (whether soldiers or
civilians) and prisoners of war.
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Justice and Fairness > Module 1 > Part 1 > Lesson plan and teacher briefing
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Background information
and legal principle/rules
IHL makes an important distinction between
those who take active part in hostilities and
those who (for whatever reason) are not or are
no longer active in combat.
It is a basic principle that the lives and physical
and mental integrity of those who are not or
are no longer taking part in hostilities must be
respected. They are also entitled to humane
treatment. IHL also provides that different
categories of people should be treated in
different ways and should benefit from
different types of protection by combatants
(whether military decision-makers
or low-ranking soldiers).
Civilians should not be the subject of attack.
Once injured, wounded or having
surrendered, combatants become persons
“hors de combat” and may not be treated in
a way that's discriminatory.
In the same way, IHL distinguishes between
military targets, i.e. targets being used for
military purposes, and non-military targets.
It sets out certain rules and principles about
the protection of non-military targets. Targets
that do not have a military purpose should
not be attacked. If such targets are located
near a military target, combatants should use
proportionate force to minimise any collateral
damage to such non-military targets. (This will
be covered in more detail in later modules.)
The following international treaties set out
the legal principles intended to protect
noncombatants and non-military targets in a
conflict:
The key categories are:



combatants
people “hors de combat”
civilians
First Geneva Convention on the Amelioration
of the Condition of Wounded in Armies in the
Field (1949)
Fourth Geneva Convention on the Treatment
of Civilian Persons in the Time of War (1949)
Protocol I – Additional Protocol to the Geneva
Conventions on the Protection of Victims of
International Armed Conflicts (1977)
Protocol II – Additional Protocol to the Geneva
Conventions on the Protection of Victims of
Non-International Armed Conflicts (1977)
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Justice and Fairness > Module 1 > Part 1 > Lesson plan and teacher briefing
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Background information
and legal principle/rules
The context of these IHL treaties
The principles of IHL
IHL consists of four Geneva Conventions,
three Additional Protocols and numerous
other international treaties dealing with
specific issues e.g. protecting cultural property
and banning certain types of weapons.
As many of the rules of IHL are based on basic
principles of non-discrimination, proportionality
and humanity, the students will discover the key
principles set out in these international
documents themselves during the course of
these lessons. The exercises will allow students
to refine the rules applicable to distinct
groups - civilians, injured soldiers and prisoners
of war - as well as additional obligations relating
to children in conflict (including child soldiers) as
they are considered particularly vulnerable.
However, to provide a framework, this opening
lesson includes a list of key principles on which
students can build over the course of the
lessons.
The international treaties setting out rules of
armed conflict developed over many years.
The events of the Second World War
provided an impetus for the international
community to re-affirm and further
develop the principles in the 1929 Geneva
Convention, resulting in the First, Second
and Third 1949 Geneva Conventions. The
impact of war on non-combatants during
the Second World War also prompted the
formulation of additional principles relating to
the treatment of civilians in international wars
in the Fourth 1949 Geneva Convention.
* Terms shown in italics can be used to help students
build up a glossary of terms related to armed conflicts
over the course of the lessons. The glossary can be an
extension activity.
The First and Second Additional Protocols
developed as a result of the changing nature
of warfare following the Second World War,
and, in particular, the increase in wars for
national liberation and internal armed conflicts.
A Third Additional Protocol was adopted in
2005, introducing an additional distinctive
emblem - the red crystal emblem*.
* There are three distinctive emblems which are a sign
of neutrality and protection in armed conflict: the
red cross, the red crescent and the red crystal
(all on a white background).
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Justice and Fairness > Module 1 > Part 1 > Exercise 1
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Exercise 1
Discussion on the legal categories and the ambiguity of identity in conflict
using the Photo cards (pairs of photos designed to stimulate discussion)
in small groups, followed by a presentation of each group’s conclusions
to the wider group and a summary of the key principles of IHL.
Timings: 45-50 mins.
Divide the class into small groups of four to six students.
PART A (20 minutes)
Give each group a pair of Photo cards. Each group of students will
explore the concept of civilians, combatants/fighters and persons
“hors de combat” as distinct categories of people and the practicalities
(and possible difficulties) involved in categorising individuals into legal
categories in the context of an armed conflict.
For group use
1A. Photo cards
1B. Opening Questions
(divided into Part 1
and Part 2)
1C. Additional Information
For use by the teacher as
additional information /
material
1D. Story behind the
picture
1E. Real Life Situations
Words marked in bold are
resources available to the
teacher in this lesson pack.
NOTE FOR TEACHERS
Initially students should be given the Photo cards and Opening
Questions only and discuss their reactions to the photos without
further information. The Opening Questions are designed to prompt
discussion and have been divided into two parts. Depending on the
dynamics of the class or individual groups, the teacher can give the
students both parts at the same time or consecutively. During this initial
discussion students should consider how they would legally categorise
the individuals in the photos.
The Principle of
Distinction.
Parties to a conflict are
required to always
distinguish between
civilians and combatants
and between civilian
objects and military objects
when carrying out an
attack.
After about 10-15 minutes, give each group the Additional Information
related to the Photo card. The Additional Information asks the
students to imagine the subject of the photo in the context of new
information and then encourages them to re-examine their views of the
subjects in the photos in light of this additional information. The students
should consider whether they think the different scenarios affect how they
would categorise the individual(s) in the photos. They should also discuss
what protection and treatment combatants/fighters should show the
different categories of individuals in the photos. It is useful to suggest that
students think in terms of humane treatment, distinction (e.g. between
civilians and combatants) and restraint.
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Justice and Fairness > Module 1 > Part 1 > Exercise 1
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Exercise 1
Students may look for a "black and white" solution or a "right or
wrong" answer. It is important to stress that the exercise focuses
on considering the individuals in the photos in light of the changing
information provided, as circumstances and information can
change quickly during a conflict and may affect the decisions
combatants/fighters take. Also, although the protections and
obligations that apply under IHL are linked to the category to which
a person belongs, in some circumstances the categorisation could
vary depending on the behaviour of the individual which itself may
change depending on circumstances.
For group use
1D. Story behind the
picture
1E. Real-life situations
However, as the individuals in the photos are real people in real
conflicts, this resource pack contains background information
about these photos (see “Story behind the picture”) which can
be discussed with the students after the exercises.
If students are intrigued about this subject and the complexities and
ambiguities surrounding legal categories and individual behaviour
in conflict and want to know more, the teacher may find it helpful to
refer students to some of the Real Life Situations. The inclusion
of references to Real Life Situations intends to highlight a range
of complex situations that might challenge preconceptions and give
students further scenarios which to research themselves or as part
of an extension activity.
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Justice and Fairness > Module 1 > Part 1 > Exercise 1
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Exercise 1
PART B (15 minutes)
Follow the small group discussions with a class feedback session.
Each group can nominate a speaker to feed back the group’s key
thoughts to the class. During their group discussions, the students
should have explored what type of protection and treatment
combatants should show different categories of people. The students
should focus on articulating these impressions and thoughts in a
couple of general principles as part of their feedback to the plenary
group. The optional additional class activity (Charter on the principles
of warfare) could provide a focus for this feedback.
A3/flip chart sheets to allow
students to start to write
their Charter on the
principles of war.
In light of the ambiguous nature of the photos, there is likely to be a
range of views. As a key focus of this course is to encourage students
to consider other perspectives and to analyse situations critically, the
teacher should actively encourage a debate in the class discussion.
This will also help students develop their debating, reasoning and
persuasion skills.
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Justice and Fairness > Module 1 > Part 1 > Exercise 1
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Exercise 1
OPTIONAL ADDITIONAL CLASS-BASED TASK OR
EXTENSION ACTIVITY
Charter on the principles of warfare
The additional task for the lesson or extension activity “Charter on the
principles of warfare” fulfils a number of roles:
For group use
3B. Research source
1. During their group discussions, students should have considered
what obligations combatants may have with respect to the protection
and treatment of different individuals/groups in the photos. The
charter provides a vehicle for students to develop general principles
from specific examples.
2. Developing a charter based on their own evaluation of what type of
protection and treatment is appropriate should empower students and
give them an insight into some of the difficulties involved in being a
lawmaker. By putting themselves in the shoes of lawmakers, students
may find codes of conduct and laws appear less remote. Also, by
asking themselves the same questions as the people who codified
IHL (i.e. collated and developed IHL as a set of written rules),
students should no longer find the existence of IHL surprising.
Drafting a charter is an empowering act so students should not feel
intimidated about the style of the document. They can use everyday
words and phrases. This lesson pack includes some Opening phrases
to help students get started as well as some Example clauses to allow
teachers to guide students in this exercise.
To encourage class ownership of the charter, the students may prepare
these principles on large A3 sheets that they can display in the
classroom. At the end of each lesson on IHL, the students could add
principles to build up a full charter over the course of the lessons.
This activity could even be structured as a school project to promote
common values within the school.
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Justice and Fairness > Module 1 > Part 1 > Exercise 2
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Exercise 2
Exercise 1 can be repeated using the Photo cards (targets) to extend
the concept of categorising individuals to categorising places, buildings
and other types of structures.
If used as a class-based exercise, this exercise would follow the same
format as Exercise 1 but using the:
Opening questions (targets)
Additional information (targets)
Alternatively, Exercise 2 can be used as an optional extension activity
(see page 14).
For group use
2A. Photo cards
2B. Opening questions
(divided into Part 1
and Part 2)
2C. Additional information
For use by the teacher as
additional information /
material
2A. Story behind the
picture
2B. Real-life situations
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Justice and Fairness > Module 1 > Part 1 > Extensions
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Extensions
EXERCISE 1: OPTIONAL EXTENSIONS/HOMEWORK
OPPORT UNITIES
Glossary of terms associated with armed conflict
(Course glossary)
For group use
3B. Research source
To conclude the lesson, set the class the following extension activity.
This extension activity could be adopted for some or all of the IHL
lessons, and the output of these extension activities will be a useful
resource for students in developing their understanding of IHL and
preparing for exams.
As a class, the students should start to collate a dictionary of terms
associated with armed conflict (including terms defined under IHL)
with an explanation of each term and a relevant real-life example.
Allocate one or two terms to each student e.g. combatant,
persons “hors de combat”, prisoner of war, collateral damage, safe
haven, civilians, displaced persons, child soldier, human shields, siege,
peacekeepers. The teacher can select other terms from the glossary
referred to in the resources section of this lesson pack.
Ask each student to write a definition of the term. Additionally, the
students should produce a short summary (one or two paragraphs)
of a recent or historical conflict in which such a term is used in context.
An example has been included in the resources section of this lesson
pack to help teachers guide the students.
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Justice and Fairness > Module 1 > Part 1 > Extensions
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Extensions
Project opportunity
As conflicts are part of human society, “Ambiguities of identity in
conflicts” is a topic that can be explored in a variety of ways within the
curriculum. Teachers could, therefore, liaise with teachers of English,
history, religious education, media studies and so on, to develop a
more substantial project opportunity for different classes or students
with different skills.
For group use
3A. Take-away materials
3B. Research source
An approach might be to pair students up and set them a joint
research project, the results of which could be delivered as a written
report, a presentation, a debate or a media project.
Each pair of students should decide to research one character, battle
scene or target from a contemporary, historical or fictional conflict that
is in some way contentious. Some scenarios have been suggested in
this lesson plan but the students are free to pick a topic of their choice.
When they have researched the subject, one student should examine
how the combatants may not have shown another person, group of
people, place or structure the protection or treatment that IHL specifies
for that category, while the other should find ways to play devil’s
advocate, arguing why the treatment or protection was appropriate
(see Resources).
In addition to developing students' research, written, presentation,
debating and co-operation skills, this type of project will encourage
them to put themselves into other people’s shoes. It will also give
students a feeling for the range of information that soldiers and
military decision-makers could be faced with in conflict situations.
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Justice and Fairness > Module 1 > Part 1 > Extensions
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Extensions
EXERCISE 2: OPTIONAL EXTENSIONS/HOMEWORK
OPPORT UNITIES
The students could work individually or in groups to explore the
Photo card (targets) and add one of the following two components
by way of a short presentation or written report:
For group use
3A. Take-away materials
3B. Research source
Option 1
The students should prepare (as a memo or a presentation) a 'Briefing
to soldiers' which explains to soldiers of all ranks the key principles
about the treatment of places, buildings and other types of facilities in
a conflict. This work should focus on the issues that soldiers should
consider before attacking a place or infrastructure installation. In setting
this additional activity, it is useful to ask students to think about three
categories of places/infrastructure:



those which obviously look as if they have a military use
those which obviously look as if they have a civilian use
those where the use is not clear.
The teacher could also suggest the students research what
internationally recognised protective signs have been developed to
identify places and property that are not considered a military target.
For this work, it is useful to remind the students that this lesson
concentrates on challenging preconceptions. Their work should,
therefore, include advice to soldiers about how to deal with a piece of
infrastructure that obviously has a military purpose but may actually be
used by civilians, and vice versa.
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Justice and Fairness > Module 1 > Part 1 > Extensions
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Extensions
OR
Option 2
Students should add a short case study in which they research a
real place, building or other type of facility which was attacked or
inadvertently hit in a conflict. The students could use one of the
incidents referred to in the Real-life situations or research an
incident they have heard or read about in the media.
For group use
1E. Take-away materials
2E. Research source
3A. Take-away materials
3B. Research source
When working on this second option, the students should look for
information about what was attacked and in what context. They
should focus on researching the purpose of the property, the purpose
of the attack and the consequences of the attack (both military and
civilian). Rather than expressing an opinion on whether the attack was
justified, they should consider what they would have done in light of the
information they have found. Would they have attacked, not attacked or
attacked using different weapons? Or what additional information would
they have tried to obtain before deciding whether to attack or not?
Related issues will be addressed in Module 3: (Basic Guidelines) so
these optional activities could be used in the context of Module 3,
when the students will have a wider knowledge of IHL, if preferred.
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Justice and Fairness > Module 1 > Part 1 > Resources
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Part 1: Resources
LESSON PLANNING
For teachers’ use
Lesson flowchart
Key categories
Key principles
Common Article 3
EXERCISE 1
For group use
1A. Photo cards
1B. Opening questions
1C. Additional information
1D. Story behind the picture
1E. Real-life situations
1F. Charter on principles of warfare
EXERCISE 2
For group use
2A. Photo cards
2B. Opening questions
2C. Additional information
2D. Story behind the picture
2E. Real-life situations
Extension Activities Resources
For teachers’ and students’ use
3A. Take-away materials/homework
3B. Research source
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Justice and Fairness > Module 1 > Part 1 > Resources
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Lesson flowchart
5 mins
Introduction, divide class into groups of 4-6, give groups resources and
instructions about exercise.
PART A
20 - 25 mins
Students to discuss Photo cards based on the Opening questions.
Students to revisit views on Photo cards based on the Additional
information.
PART B
15 mins
A class discussion with feedback from a spokesperson from each group.
Each group to contribute a couple of principles to the “Charter on the
principles of warfare” (optional activity).
Teacher to expand on any points missed.
5 mins
Set extension activity/project opportunity.
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Justice and Fairness > Module 1 > Part 1 > Resources
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Key categories
Combatant
Combatant (in international conflict).
A member of the armed forces taking a direct part in hostilities. Does not include medical and
religious personnel.
Combatants do not include mercenaries.
Person “hors de combat”
Literally a person “outside the fight”.
Combatants who are no longer active in hostilities e.g. due to injury, capture or surrender.
Persons “hors de combat” include:

prisoners of war

injured or shipwrecked combatants

combatants who have surrendered.
Civilian
Anybody who is not a combatant.
Civilians include (among others):

children

refugees/(internally) displaced people

interned civilians.
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Key principles

Persons “hors de combat” and those who do not take direct part in hostilities are entitled to
respect for their physical and mental integrity. They must be protected and treated with
humanity.

It is forbidden to kill or wound an adversary who surrenders or who can no longer take part in
the fighting.

The wounded and sick must be collected and cared for. Medical personnel and medical
establishments must be spared. The red cross, red crescent or red crystal on a white
background is the sign indicating this protection. It must be respected.

Captured combatants and civilians are entitled to respect for their life, their dignity, their
personal rights and their convictions. They must be protected against reprisals.

No one shall be subjected to physical and mental torture or to inhuman or degrading treatment
or punishment.

It is forbidden to use weapons or methods of warfare that cause unnecessary losses or
excessive suffering.

Attacks may be made solely against military objectives. The parties to a conflict must
distinguish between the civilian population and combatants. Neither the civilian population nor
the civilian property may be attacked.
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Justice and Fairness > Module 1 > Part 1 > Resources
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Common Article 3
Common Article 3 establishes fundamental rules from which no derogation is permitted. It is like a
mini-Convention within the Conventions as it contains the essential rules of the Geneva
Conventions in a condensed format and makes them applicable to conflicts not of an international
character:

It requires humane treatment for all in enemy hands, without any adverse distinction. It
specifically prohibits murder, mutilation, torture, cruel, humiliating and degrading treatment, the
taking of hostages and unfair trial.

It requires that the wounded, sick and shipwrecked be collected and cared for.

It grants the International Committee of the Red Cross (ICRC) the right to offer its services to
the parties to the conflict.

It calls on the parties to the conflict to bring all or parts of the Geneva Conventions into force
through so-called special agreements.

It recognises that the application of these rules does not affect the legal status of the parties to
the conflict.
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Justice and Fairness > Module 1 > Part 1 > Resources
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1A. Photo card 1
Child or soldier?
AFP / Getty
AFP / Getty
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1A. Photo card 2
Soldier or victim?
ICRC
ICRC
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1A. Photo card 3
Upstanding citizen or war criminal?
Getting Images
Time and Life Pictures / Getty Images
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1B. Opening questions
Who do you think these people are?

Where do they live?

What role do they have in everyday life?

How does their role affect other people?

How do other people treat them in everyday life?
Who do you think these people are in a conflict situation?

What might each one’s life be like?

Are they likely to be a perpetrator of violence, a victim or a bystander?

How does the conflict affect their life?

How does their role in the conflict affect other people?

What legal category of IHL do you think they belong to: combatant, person “hors de
combat” or civilian? Why?

How should other people treat these people in the conflict?

If you think they are civilians, do you think they:
>
should receive additional levels of protection or
>
may have become an active participant in hostilities?
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1C. Additional information
PHOTO CARD 1
Child with pink backpack

Imagine you receive the following information about this boy:
>
he is using his father’s weapon to defend his sister
>
he is carrying ammunition in his backpack
>
he is actively taking part in an armed conflict.

How would your opinion of this boy change in each scenario?

Do you think the different scenarios impact on which legal category he belongs to?

Would you treat him differently depending on his circumstances?

How do you think he should be treated under IHL e.g. what type of protection should he
receive?
Group of boys

Imagine you receive the following information about these boys:
>
they are in a refugee camp waiting to be reunited with their parents
>
they are young offenders in a young people's detention centre
>
they are part of the cadets corps receiving basic training.

How would your opinion of these boys change in each scenario?

Do you think the different scenarios impact on which legal category they belong to?

Would you treat them differently depending on their circumstances?

How do you think they should be treated under IHL e.g. what type of protection should they
receive?
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1C. Additional information
PHOTO CARD 2
Soldiers marching in line

Imagine you receive the following information about this group of soldiers:
>
the soldiers are carrying equipment to an area struck by natural disaster
>
the soldiers are carrying military equipment for an assault on a town
>
the soldiers are prisoners forced to carry their enemy’s military equipment.

How would your opinion of these soldiers change in each scenario?

Do you think the different scenarios impact on which legal category they belong to?

Would you treat them differently depending on their circumstances?

How do you think they should be treated under IHL e.g. what type of protection should they
receive?
Soldiers walking to van

Imagine you receive the following information about this group of soldiers:
>
the soldiers are helping an injured colleague to the van to be taken to field hospital
>
the soldiers are helping a drunken colleague to the van so they can start their daily
operations
>
the soldiers are taking part in an army training exercise.

How would your opinion of these soldiers change in each scenario?

Do you think the different scenarios impact on which legal category they belong to?

Would you treat them differently depending on their circumstances?

How do you think they should be treated under IHL e.g. what type of protection should they
receive?
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1C. Additional information
PHOTO CARD 3
Man giving ‘thumbs-up’ gesture

Imagine you receive the following information about this man:
>
he is a leading politician giving a positive gesture to his followers
>
he is a business man gesturing after a successful meeting
>
he is gesturing at a war crimes tribunal in response to alleged charges against him.

How would your opinion of this man change in each scenario?

Do you think the different scenarios impact on which legal category he belongs to?

Would you treat him differently depending on his circumstances?

How do you think he should be treated under IHL e.g. what type of protection should he
receive?

Do you think the obligations he owes to others vary depending on which category he belongs
to?
Man in white shirt at a restaurant

Imagine you receive the following information about this man:
>
he is a doctor and anthropologist (i.e. a scientist specialising in the study of origin,
behaviour, and social and cultural development of humans)
>
he is a husband and father having an evening meal with friends
>
he is an army doctor at a concentration camp.

How would your opinion of him change in each scenario?

Do you think the different scenarios impact on which legal category he belongs to?

Would you treat him differently depending on his circumstances?

How do you think he should be treated under IHL e.g. what type of protection should he
receive?

Do you think the obligations he owes to others vary depending on which category he belongs
to?
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1D. Story behind the picture
PHOTO CARD 1
Boy with gun and pink backpack
This boy was a child soldier. The photo was taken on 27 June 2003 and shows him pointing a gun
at a photographer in a street of Monrovia (the capital of Liberia) at the end of the second Liberian
civil war.
Group of boys behind wire
This photo was taken on 10 December 2004 and shows child soldiers who are no longer active
in hostilities standing in a rehabilitation centre in Gitega, Burundi. Burundi has a history of internal
conflicts.
PHOTO CARD 2
Soldiers marching in line
This photo was taken in Laos. These soldiers were captured by the Popular Army of Liberation. It
is not clear what the fate of these soldiers was but it probably depended on the instructions that the
armed guard received.
Soldiers walking to a van
This photo was taken in 2002 and shows soldiers taking part in a field exercise of the evacuation of
a wounded soldier during the “Senezh” course on international humanitarian law in Russia. This
IHL training course is held six times a year for military personnel in Russia.
PHOTO CARD 3
Man giving ‘thumbs-up’ gesture
This is Milan Martić who is photographed gesturing as he appears at a war crimes tribunal in the
Hague on 21 May 2002. Martić was a former Serb rebel leader and was jailed for 35 years on 12
June 2007 for war crimes carried out in Croatia.
Man in white shirt at a restaurant
The second person on the left is doctor Josef Mengele. He worked as an army doctor at the Nazi
concentration camp Auschwitz-Birkenau during the Second World War where, among other things,
he performed human experiments on prisoners. He escaped to South America where he died in
1979.
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1E. Real-life situations
POSSIBLE RESEARCH TOPICS
This pack includes some topics for students to research to challenge pre-conceptions about roles
of people in conflicts.
A map is also included to suggest other conflicts that students could research, both with respect to
the recruitment of children as fighters and possible breaches of other IHL principles.
Child soldiers

Map of child soldiers around the world – countries/territories concerned.

Under-aged soldiers who lied about their age to sign up to fight during the First World War.

The 12-year-old twins Johnny and Luther Htoo are reported to have formed the breakaway
group from the Karen National Union (KNU) called God’s Army in 1997. At this time, the KNU
was fighting for independence from Burma (now Myanmar). External access to the group was
limited but it was reported that many of the soldiers surrounding the twins were barely out of
their teens.
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1E. Real-life situations
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1E. Real-life situations
Prisoners of war (POWs)

The Burma-Siam Railway between Bangkok, Thailand and Burma (now Myanmar) was built
during the Second World War to support Japanese forces during their Burma campaign. The
Japanese used forced labour to construct the railway, including about 180,000 Asian labourers
and 60,000 Allied POWs (i.e. imprisoned British, American, Australian and French soldiers,
who fought against the Japanese during the Second World War). Of these, around 90,000
Asian labourers and 16,000 Allied POWs died – mainly of sickness, malnutrition or exhaustion.

In January 1991, during Operation Desert Storm in Iraq, John Nichol and John Peters’ plane
was shot down over Iraqi territory. The two men were captured by Iraqi forces and they were
shown on Iraqi television. John Nichol read out a message to camera but the stilted content
and incorrect grammar suggested he was doing so under duress and his swollen, disfigured
face suggested he had been violently treated.
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1F. Charter on principles
of warfare
Opening Phrases
Suggested opening phrases for a class Charter might include:
During a war or armed conflict:

Soldiers may not...

Soldiers must...

Civilians should not be...

Children may not be...

Injured people must be...

Prisoners of war must be...
Example Clauses
“All parties must treat everybody who does not take part in the conflict with respect and in a
humane way.”
“All parties must make sure that children on all sides of a conflict receive extra protection. Children
cannot be made to fight. If children have been separated from their parents in a conflict, they
should be cared for and the authorities should try to unite them with their families.”
“Soldiers must not attack opposition soldiers if they are wounded and can no longer fight.
Wounded soldiers must be treated with respect and are entitled to receive medical care.”
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2A. Photo card 1
To target or to protect?
David Rutter
British Red Cross
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2A. Photo card 2
To target or to protect?
Thierry Gassman, ICRC (1994)
ICRC
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2B. Opening questions
What do you think of this place/structure in general?

What do you think it is?

Who do you think it belongs to?

How do you think it is used?

Who benefits from this place/structure?
What would you think of this place/structure in a conflict?

Who do you think it belongs to?

How do you think it is used?

Do you think it should be attacked?

When do you think forces may attack it?

Do you think it makes any difference to your answers depending on who uses it or how it is
used?

If so, what type of difference does it make? for example:
>
Does it affect whether armed forces may attack it?
>
Are there limits on the methods that armed forces can use to attack it?
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2C. Additional information
PHOTO CARD 1
Satellite communications centre

Imagine you receive the following information about this structure:
>
it is used to broadcast national news programmes, weather reports and traffic information
>
it is used to send military messages to commanders in the field
>
it is used to incite the population to kill people from different tribes.

How would your opinion of this structure change in each scenario?

Would you treat it differently depending on the circumstances?

If so, how would you treat it differently? for example:
>
Does it change whether you are allowed to attack it?
>
Are there limits on the methods that you can use to attack it?
Water dam

Imagine you receive the following information about this structure:
>
the dam creates a water reservoir which serves the water needs of a capital city
>
the dam has been attacked and the water in the reservoir has been poisoned by opposition
forces
>
the dam holds back water to prevent the flooding of key transport routes.

How would your opinion of this structure change in each scenario?

Would you treat it differently depending on the circumstances?

If so, how would you treat it differently? for example:
>
Does it change whether you are allowed to attack it?
>
Are there limits on the methods that you can use to attack it?
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2C. Additional information
PHOTO CARD 2
Green and blue tents

Imagine you receive the following information about this place:
>
it is a refugee camp for displaced people in a civil war
>
it is a field hospital treating civilians and injured soldiers
>
it is the military base of an invading army.

How would your opinion of this place change in each scenario?

Would you treat it differently depending on the circumstances?

If so, how would you treat it differently? for example:
>
Does it change whether you are allowed to attack it?
>
Are there limits on the methods that you can use to attack it?
Church filled with men

Imagine you receive the following information about this place:
>
it is being used for prayer by a priest preaching the use of violence against an ethnic group
>
it is being used as a neutral area to teach soldiers about International Humanitarian Law
>
it is being used as a base by the military to organise the evacuation of civilians and soldiers
from a war-torn area.

How would your opinion of this place change in each scenario?

Would you treat it differently depending on the circumstances?

If so, how would you treat it differently? for example:
>
Does it change whether you are allowed to attack it?
>
Are there limits on the methods that you can use to attack it?
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2D. Story behind the picture
PHOTO CARD 1
Communications satellite
This is a satellite dish on the roof of a television studio. A civilian broadcasting station will house
journalists and technicians, and may be involved in relaying important information for the safety of
the local civilian population.
If, however, it is being used to relay military information it becomes a military target. In this case,
the principle of precaution must be respected and warning should be given to allow any civilians to
leave before the attack.
Dam
This is a view of Kerr Dam, near Polson Montana (USA) on the Flathead Indian Reservation.
The Flathead Lake/River has a high water level so some flood gates are open.
A dam is protected under IHL as an “installation containing dangerous forces”. IHL forbids the
attack of structures such as dams and nuclear power stations, due to the possible consequences
of severe losses among the civilian population.
Neither of these photos are taken from conflict scenarios but communications and water
resources are often targeted in conflicts.
PHOTO CARD 2
Green and blue tents
A camp at Nyarushishi for people displaced by the conflict in Rwanda. Nine thousand civilians
remained here under the protection of the International Committee of the Red Cross. They were
later protected by French troops taking part in Operation Turquoise, which aimed to establish safe
humanitarian areas for the victims of conflict.
Church filled with men
This is a photo of soldiers and representatives from the Red Cross in the Democratic Republic of
Congo. The church is being used as a neutral area to inform armed groups about the importance
of IHL.
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2E. Real-life situations
SUGGESTED RESEARCH TOPICS
This pack includes a range of topics for students to research to challenge preconceptions about
roles of people in conflicts.
Communications facilities

Both sides in the Rwandan civil war used radio for propaganda purposes. For example, on 7
and 8 April 1994, RTLM (Radio Télévision Libre de Mille Collines) began to broadcast a
message for Hutus to kill the Tutsis, calling them “cockroaches” and urging their
“extermination”.

During the war in Kosovo, NATO bombed the headquarters of Serbian TV, claiming it was used
for military propaganda.
Water resources

In 1938, during the Second Sino-Japanese war, Chang Kai-Shek ordered dams and ditches
that controlled floods on the Yellow River to be destroyed. As a result, part of the invading
Japanese army was flooded but so were many Chinese inhabitants of the flooded areas.
Place of worship

Nyarubuye Church, in Rusumo in eastern Rwanda, was the scene of a notorious massacre
during the Rwandan genocide of 1994. On 15 and 16 April 1994, between 20,000 and 30,000
Tutsis were killed in an attack on the church. For more on this example, see Global Lines
Module 2, Telling the whole story, Story Pack 3, Story 1: Pastor Elizaphan Ntakirutimana & Son
Dr Gerard Ntakirutimana at: http://www.redcross.org.uk/temp/GlobalspLinesspModulesp2.pdf
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3A. Take-away materials
TAKE-AWAY RESOURCES FOR STUDY PURPOSES:
Students can collate their own research and resources based on the output of the class-based
exercises and extension activities e.g. the Course glossary of terms related to armed conflicts and
a Charter on the principles of warfare.
For revision purposes, the following can be shared with the class:

Glossary of terms related to armed conflict: once the students have completed the Course
Glossary extension activity, they can be given both a copy of the other students' definitions and
case studies, as well as the relevant extracts from the “Terms used in EHL”
from www.ehl.icrc.org.

Key principles of IHL, including Common Article 3

Story behind the picture

Real-life situations
PHASE/EXERCISE 1 HOMEWORK B:
The following topics can be used by students for a project opportunity or may stimulate ideas
of their own:
See Real Life Situations:
20th Century examples
Bombing of Dresden or Coventry during Second World War; the use of female Tamil Tiger suicide
bombers; shelling of the headquarters of the Serbian state television network in Belgrade during
the Kosovo War of 1999.
Historical examples
Siege of Constantinople during the Crusades; the recruitment and use of the Janissary (forced
recruits including POWs and seized children); the scorched earth tactics used in many conflicts,
including by Czar Alexander I during Napoleon’s invasion of Russia.
Literary example
The use of young boys as soldiers in the siege of Gondor in The Lord of the Rings.
The teachers involved in this project opportunity can propose other examples from their curriculum.
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3B. Research source
GLOSSARY OF TERMS
Child soldier: A child soldier is a person under the age of 15 who participates as a fighter in an
armed conflict, whether an international war or an internal conflict. During hostilities, they are
treated as combatants and, if captured in an international armed conflict, will be treated as
prisoners of war.
Example: In the conflict in the Democratic Republic of Congo (DRC), local warlords often recruited
children under 15 as soldiers. Some child soldiers were used as spies but often they were also
forced to take part in active battle and ordered to carry out violent acts, including killing opposition
troops and civilians.
The recruitment of children under the age of 15 is forbidden under International Humanitarian Law.
A warlord from the DRC is currently being tried at the International Criminal Court in The
Netherlands for, among other things, recruiting child soldiers.
PH Research resources

www.icrc.org

www.ehl.icrc.org

www.redcross.org.uk
Mainstream media

www.bbc.co.uk; www.guardian.co.uk; www.timesonline.co.uk;
www.independent.co.uk; www.economist.com

www.icty.org; www.ictr.org

Encyclopaedias

Websites of human rights organisations e.g. Human Rights Watch, Amnesty International.
Please explain that human rights law is a separate and distinct body of law to international
humanitarian law but these websites may provide a useful starting point for abuses in conflicts.
It is useful to remind students that both media and human rights organisations have their own
agenda and, therefore, it is useful to check facts in a number of sources.
Allen & Overy LLP and the British Red Cross do not endorse the content or views expressed in the websites mentioned
above and neither Allen & Overy LLP nor the British Red Cross accept any responsibility or liability in relation to the
accuracy or completeness of the information provided in these sites. The website addresses mentioned above are
provided as suggestions only.
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