Website review

One of the more recent developments in the field of human conflict is the involvement of lawyers in the application of international law relating to war. From advice given by Attorneys General on whether going to war is legal, through the application of the Human Rights Act to enemy combatants and demands for inquiries and investigations, to prosecutions of war criminals in the International Criminal Court, it seems that litigation now often follows confrontation.

Ministry of Defence

www.mod.uk

On further investigation, it seems that there is an awful lot of law to be applied in this area. The Ministry of Defence has a very slick looking website, much of which is given over to news and recruitment (if the home page is anything to go by). However, type the word “law” into the search engine and you’ll discover that it also contains chapter and verse on the law relating to armed conflict. There appear to be three main documents of relevance (maintained by the in-house lawyers of the “Development Concepts Doctrine Centre”) and, of these, the Aide Memoire on the Law of Armed Conflict is available for download in PDF format. This eight page document is issued on mobilisation to all UK service personnel deployed during an armed conflict. While it is a specifically British document, it is probably the best starting point for those (like me) unfamiliar with this area of law.

For those interested in how the law applies to service personnel while overseas, there is also a very helpful overview (plus frequently asked questions) of the Service Justice System and the Armed Forces Act 2006.

Guides to the Geneva Conventions

Of course, the principal source of international law in relation to armed conflict is the Geneva Convention(s). The collection of agreements commonly referred to as “The Geneva Convention” is actually four Conventions and three Protocols. The law in this area, as one might expect, is still evolving and debate continues over the usage of modern weaponry.

The guide prepared by the Society of Professional Journalists (www.genevaconventions.org) is an excellent online resource which is at once comprehensive and comprehensible (no mean feat). It offers the full text of each Convention and the first two Protocols, but also an A-Z listing by topic, which explains key concepts in brief, with hyperlinked cross-references to the relevant source. Very easy to use and to understand.

If you’re wondering why the third protocol is missing, the guide was prepared in 2003, whereas the third protocol (which adopts a red crystal as a protected symbol alongside the red cross and red crescent) was adopted in 2005.

The article on the history of the laws of war is a fascinating one, spanning from the sixth century BC to 1977 AD, and even featuring one William Wallace, tried for the “wartime murder of civilians” in 1305.

There is a short, but useful, links and resources section.

The website of the International Committee of the Red Cross (www.icrc.org) has the full texts of the Geneva Conventions (including the third protocol), as well as commentaries and a list of signatory countries (194 at the last count). It is very easy to navigate (from the home page click “Geneva Conventions” on the left hand sidebar), and it has the full texts of many other treaties dealing with humanitarian law.

Recent incidents in theatres of combat worldwide may have left some readers with the feeling that the Geneva Convention rights are not being accorded sufficient respect. If so, then the Coalition to Reaffirm and Extend the Geneva Conventions (www.supportgenevaconventions.info) may be of interest. The coalition’s aim is pretty self-explanatory and the website (while not so pretty) sets out five ways in which those browsing may wish to help the campaign, providing banners, posters and so on to download. A useful campaigning site.

Journal of Conflict and Security Law

http://jcsl.oxfordjournals.org/

For those looking for an in-depth and up-to-date legal treatment of these issues (and who can afford to subscribe or pay per article for such), this is the place to come. Abstracts are available online without payment.

International Criminal Court

www.icc-cpi.int

The website of the ICC is an exemplary site for any court to take note of. While it has a much smaller number of cases than most courts, for those cases which it does hear, the quantity and quality of information is very impressive. Hearings are generally in public, and in such cases you can watch remotely using the streaming video facility (to either of the courtrooms). Transcripts of evidence and legal submissions are made available to read and download (even as the case progresses), and the list of cases includes those (sadly numerous) where the accused are still at large – complete with their photographs.