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Begin New Search Topic International Humanitarian Law (IHL) Author Tobias Vestner

1. Addressing the Use of Human Shields

Author:
Tobias Vestner
Publication Date:
12-2019
Content Type:
Commentary and Analysis
Institution:
The Geneva Centre for Security Policy
Abstract:
Human shields are increasingly used in modern conflicts, exposing civilians and other protected persons to high risk of death and injuries. Using human shields is a violation of international humanitarian law (IHL) and a war crime under the 1998 Rome Statute of the International Criminal Court and customary international law. Armed forces confronted with human shields are faced with the dilemma between causing civil casualties that may undermine the legitimacy of their operations and refraining from attack which results in military disadvantages. To address the use of human shields, the respective normative framework and the enforcement of the prohibition could be strengthened. Strategic communication could also be deployed to delegitimize the use of human shields. Thematic engagement among states and with armed non-state actors could further prevent the use of human shields. Operational and tactical measures to circumvent human shields could further support states engaged in military operations and prevent incidental harm to civilians. Any action to address the use of human shields should be coordinated among states and international organizations.
Topic:
Security, Military Strategy, Law, Civilians, and International Humanitarian Law (IHL)
Political Geography:
Global Focus

2. Weapons Systems Supply and Operational or Logistical Support under the PSSA

Author:
Tobias Vestner and Alessandro Mario Amoroso
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
Tobias Vestner and Alessandro Mario Amoroso, from the GCSP Security and Law team, are the authors of a Training Guide designed for Swiss private security companies to fulfil the obligations introduced by the Federal Act on Private Security Services provided Abroad (PSSA). The guide is tailored to the needs of companies operating and maintaining weapons systems and/or providing installation services, training on equipment and systems, and/or operational or logistical support to armed forces. Its purpose is to enable company personnel to understand key concepts and standards of human rights and international humanitarian law, including the risk and avoidance of direct participation in hostilities. The various chapters provide the necessary knowledge and tools to train company personnel to identify, prevent, and report activities that can constitute direct participation in hostilities or complicity in human rights and international humanitarian law violations. The guide includes thirty practical scenarios for training on direct participation in hostilities, with answers, which can be used to discuss the risk and avoidance of activities amounting to direct participation in hostilities.
Topic:
Security, Human Rights, Weapons, and International Humanitarian Law (IHL)
Political Geography:
Switzerland and Global Focus