International Institute of Humanitarian Law: Difference between revisions
→San Remo Manual on International Law Applicable to Armed Conflicts at Sea (1994): quoted paragraphs are irrelevant, they refer to enemy vessels; furthermore, the quote is completely out of contex |
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Paragraph 67 states that it is permitted for belligerents to attack merchant vessels flying the flag of neutral States outside of [[neutral waters]] if they "are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture". Paragraph 146 states that it is permitted to capture neutral merchant vessels outside neutral waters if they are engaged in any of the activities referred to in paragraph 67.<ref name="San Remo Manual">{{cite web |url=http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMSU |title=San Remo Manual on International Law Applicable to Armed Conflicts at Sea |publisher=International Committee of the Red Cross |date=31 December 1995 |accessdate=31 May 2010}}</ref> |
Paragraph 67 states that it is permitted for belligerents to attack merchant vessels flying the flag of neutral States outside of [[neutral waters]] if they "are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture". Paragraph 146 states that it is permitted to capture neutral merchant vessels outside neutral waters if they are engaged in any of the activities referred to in paragraph 67.<ref name="San Remo Manual">{{cite web |url=http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMSU |title=San Remo Manual on International Law Applicable to Armed Conflicts at Sea |publisher=International Committee of the Red Cross |date=31 December 1995 |accessdate=31 May 2010}}</ref> |
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;San Remo Memorandum's Extent |
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Declaration's paragraph 60 reads as follows: <ref name=sanremoicrc>The 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea, by Louise Doswald-Beck, can be found here [http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMST] and also in the ''[[International Review of the Red Cross]]'', no. 309, pp.583–594</ref> |
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<blockquote>The following activities may render merchant vessels military objectives: |
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*(a) engaging in belligerent acts on behalf of the enemy, e.g., laying mines, minesweeping, cutting undersea cables and pipelines, engaging in visit and search of neutral merchant vessels or attacking other merchant vessels; |
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*(b) acting as an auxiliary to an enemy's armed forces, e.g., carrying troops or replenishing warships; |
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*(c) being incorporated into or assisting the enemy's intelligence gathering system, e.g., engaging in reconnaissance, early warning, surveillance, or command, control and communications missions; |
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*(d) sailing under convoy of enemy warships or military aircraft; |
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*(e) refusing an order to stop or actively resisting visit, search or capture; |
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*(f) being armed to an extent that they could inflict damage to a warship; this excludes light individual weapons for the defence of personnel, e.g., against pirates, and purely deflective systems such as chaff; or |
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*(g) otherwise making an effective contribution to military action, e.g., carrying military materials. |
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</blockquote> |
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There is also a paragraph relating to the possible attack of [[neutral vessels]]. Paragraph 47 lists "vessels that are specifically exempt from capture, on the basis of either [[treaty law]] or [[customary law]]":<ref name=sanremoicrc/> |
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<blockquote> |
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The following classes of enemy vessels are exempt from attack: |
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*(a) hospital ships; |
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*(b) small craft used for coastal rescue operations and other medical transports; |
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*(c) vessels granted safe conduct by agreement between the belligerent parties including: |
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**(i) cartel vessels, e.g., vessels designated for and engaged in the transport of prisoners of war; |
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**(ii) vessels engaged in humanitarian missions, including vessels carrying supplies indispensable to the survival of the civilian population, and vessels engaged in relief actions and rescue operations; |
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*(d) vessels engaged in transporting cultural property under special protection; |
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*(e) passenger vessels when engaged only in carrying civilian passengers; |
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*(f) vessels charged with religious, non-military scientific or philanthropic missions; vessels collecting scientific data of likely military applications are not protected; |
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*(g) small coastal fishing vessels and small boats engaged in local coastal trade, but they are subject to the regulations of a belligerent naval commander operating in the area and to inspection; |
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*(h) vessels designated or adapted exclusively for responding to pollution incidents in the marine environment; |
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*(i) vessels which have surrendered; |
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*(j) life rafts and lifeboats. |
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</blockquote> |
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==References== |
==References== |
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| Logo of the Institute | |
| Established | 1970 |
|---|---|
| President | Maurizio Moreno |
| Location | , |
| Website | www.iihl.org/ |
The International Institute of Humanitarian Law is an independent, non-profit humanitarian organisation founded in 1970. Its headquarters are situated in Villa Ormond, Sanremo, Italy. A liaison office of the Institute is established in Geneva, Switzerland. The main purpose of the Institute is to promote the development of international humanitarian law, human rights, refugee law, immigration law and related issues.
Thanks to its specific, well-tested experience, the Institute has earned an international reputation as a centre of excellence in the field of training, research, and the dissemination of all aspects of international humanitarian law. Considering the aims it pursues, the Institute works in close collaboration with the most important international organisations, including the International Committee of the Red Cross (ICRC), the United Nations High Commissioner for Refugees (UNHCR), and the International Organization for Migration (IOM). It has operational relations with the EU, UNESCO, NATO, Organisation International de la Francophonie (OIF) and the International Federation of Red Cross and Red Crescent Societies. It has consultative status with the United Nations (ECOSOC) and the Council of Europe.
Organisation
The Institute is composed by more than 200 individual members from different nationalities. In accordance with the Statutes, they are persons that have particularly distinguished themselves through competence or activities in fields of specific interest to the Institute. Institutions significantly contributing to the work of the Institute may also be admitted as members. The General Assembly establishes and guides the general policy of the Institute.
The Council, which is elected by the General Assembly, oversees the management of the Institute, determining the programme of activities. It elects the President and Vice-Presidents, and appoints the Secretary-General and the Treasurer.
Since September 2007, President of the Institute is Ambassador Maurizio MORENO, a career diplomat. Eminent personalities from diplomatic circles , scholars and experts are among the Institute’s Council members: Dr. Mohammed AL-HADID (Jordan), President, Permanent Commission of the Red Cross and Red Crescent Movement; Prof. Mario BETTATI (France), Special Representative to the Minister for Foreign Affairs; Gen. Erwin DAHINDEN (Switzerland), Chief of the International Relations Section of the Swiss Armed Forces; Dr. Baldwind DE VIDTS, Legal Adviser to the NATO Secretary General; Dr. Ndioro NDIAYE (Senegal), Deputy Director General of International Organization for Migration; Prof. Yoram DINSTEIN (Israel), Emeritus Professor at University of Tel Aviv; Prof. Jacques FORSTER (Switzerland), Emeritus Professor at the Geneva Institute for Advanced Studies in Development; Prof. Dr. Wolff HEINTSCHEL VON HEINEGG (Germany), Head of the Faculty of Law at Viadrina University, Frankfort; Prof. Marie G. JACOBSSON (Sweden), Principal Legal Advisor at the Swedish Ministry of Foreign Affairs; Dr. Michael A. MEYER (United Kingdom), Head of the International Humanitarian Law Office of the British Red Cross; Judge Hisashi OWADA (Japan), President, International Court of Justice; Prof. Fausto POCAR (Italy), former President of the International Tribunal for the former Yugoslavia; Prof. William H.TAFT IV (USA), Former US Permanent Representative to NATO, Professor of International Law at Stanford Law School; Prof. Michel VEUTHEY, Associate Professor University of Nice.
The Municipality of Sanremo and the Italian Red Cross are ex officio members of the Council of the Institute.
Activities
The main activities of the Institute span the following sectors:
Training of civil and military personnel
Every year, the Institute organises basic courses, training courses, and advanced courses in the field of international humanitarian law, human rights, refugee law and immigration law for military personnel, government officials, diplomats, experts, representatives of non governmental organisations, and students from all over the world. These courses, which are organised in collaboration with interested international institutions and countries, are taught in various languages (French, English, Spanish, Arabic, Chinese and Russian) by qualified teachers of different nationalities, using a multidisciplinary interactive approach.
Organisation of conferences, workshops and round tables
These events are much appreciated by the international community as they offer an opportunity for periodic dialogue and debate on topics of international humanitarian law , human rights and other related issues. They encourage members of scientific, diplomatic, institutional and military circles from all over the world to meet informally to examine the more burning issues concerning the promotion of, respect for and development of international humanitarian law with an eye to the future. Almost forty years of meetings and intense academic activity addressing the main topics of humanitarian law, under the auspices of the Institute, have created what has universally become known as “humanitarian dialogue in the spirit of Sanremo”.
Research and publications
The Institute has become increasingly involved in research activities, study and analysis. It publishes texts, essays and monographs that aim to contribute to the awareness of issues relevant to international humanitarian law and its different aspects. The “San Remo Manual on International Law applicable to Armed Conflicts at Sea”, which was compiled between 1988 and 1994, still remains the most consulted Manual in Naval Military Academies all over the world, and is considered to be a reference work of world repute.[citation needed] “The Manual on the Law of Non-International Armed Conflict”, which was published in March 2006, is the Institute’s latest Manual. It reflects the developments registered by humanitarian rules at a time where conflicts all too often differ from classical warfare waged between States that are bound by The Hague Conventions and the Geneva Protocols. For over ten years now the Institute has continued to produce a series of publications dedicated to the proceedings of its main Round Tables. In addition, it distributes a “Newsletter” every two months.
San Remo Manual on International Law Applicable to Armed Conflicts at Sea (1994)
The San Remo Manual on International Law Applicable to Armed Conflicts at Sea was adopted in June 1994 after a series of round tables of naval and legal experts convened, as a legally recognized document. [1]
The San Remo Manual was cited by the Israeli government to justify its boarding and seizure of ships trying to break the Gaza blockade (see Gaza flotilla raid).[2]
Paragraph 67 states that it is permitted for belligerents to attack merchant vessels flying the flag of neutral States outside of neutral waters if they "are believed on reasonable grounds to be carrying contraband or breaching a blockade, and after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit, search or capture". Paragraph 146 states that it is permitted to capture neutral merchant vessels outside neutral waters if they are engaged in any of the activities referred to in paragraph 67.[3]
References
- ^ "Q&A: Is Israel's naval blockade of Gaza legal?". Reuters.
- ^ "Israeli government defends raid". 31 May 2010. Retrieved 31 May 2010.
- ^ "San Remo Manual on International Law Applicable to Armed Conflicts at Sea". International Committee of the Red Cross. 31 December 1995. Retrieved 31 May 2010.