International Human Rights Law -
Final Exam Questions And Answers31
Jus In Bello - ANSWERS Definition: the law that governs the way in which warfare is conducted
--> conduct of parties engaged in an armed conflict.
IHL is synonymous with jus in bello
Significance: it seeks to minimize suffering in armed conflicts, notably by protecting and
assisting all victims of armed conflict to the greatest extent possible.
Hamdan v. Rumsfield - ANSWERS Case in which the Supreme Court of the US held that military
commissions set up to try detainees at Guantanamo Bay lack "the power to proceed because
structures and procedures violate both the uniform code of military justice and the four Geneva
conventions signed. The ruling stated that common article 3 of the Geneva Conventions was
violated
Geneva Conventions - ANSWERS Comprises four treaties, and three additional protocols, that
establish the standards of international law for humanitarian treatment in war.
Basic rights of wartime prisoners (civilians and military personnel); established protections for
the wounded and sick; and established protections for the civilians in and around a war-zone.
Humanitarian Law - ANSWERS Definition: The law that regulates the conduct of war (jus in
bello)
Significance: seeks to limit the effects of armed conflict by protecting persons who are not
participating in hostilities (civilians), and by restricting and regulating the means and methods of
warfare available to combatants.
,Principle of Proportionality - ANSWERS Definition: the harm caused to civilians or civilian
property must be proportional and not excessive in relation to the concrete and direct military
advantage anticipated by an attack on a military objective.
Significance: In the conduct of war, when a party commits a lawful attack against a military
objective, the principle of proportionality also comes into play whenever there is collateral
damage, that is, civilian casualties or damage to a nonmilitary objective.
Derogations of rights require the satisfaction of two tests.
• 1) situation must truly threaten life of the state.
• 2) that measures taken in consequence of such an emergency are 'strictly required by the
exigencies of the situation'
Habeas Corpus - ANSWERS Definition: a legal action that a person can bring in order to seek
relief against arbitrary and unlawful detention
Significance: represents the idea that the king or the President, may not, at his whim, detain
whomever he wants without allowing the detainee the opportunity to stand before a fair court
to hear the charges against him or her and to have an opportunity to answer the charges.
Filing a petition for a writ of habeas corpus is a legal challenge to the government's ability to
detain an individual.
Imp. For Guantanamo Bay detainees
Military Tribunals - ANSWERS Definition: military courts designed to try members of enemy
forces during wartime, operating outside the scope of conventional criminal and civil
proceedings
, Significance: Rarely follow IHRL perfectly
A military tribunal, or commission, is different from a regular civilian criminal court. In a
tribunal, military officers act as both judge and jury. After a hearing, guilt is determined by a
vote of the commissioners. Unlike a criminal jury, the decision does not have to be unanimous.
Guantanamo - ANSWERS Ban on torture not fully met
Call for reform post 9/11
Unlawful and inhumane acts
United States military prison located within Guantanamo Bay Naval Base, inmates detained
indefinitely without trial and several inmates were severely tortured, this camp is considered as
a major breach of human rights
Enemy Unlawful Combatant - ANSWERS Definition: An unlawful combatant, illegal combatant
or unprivileged combatant/belligerent is a person who directly engages in armed conflict in
violation of the laws of war.
Significance: An unlawful combatant may be detained or prosecuted under the domestic law of
the detaining state for such action, subject of course to international treaties on justice and
human rights.
Military Commission Act of 2006 - ANSWERS Definition: an Act of Congress signed by President
George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by
military commission for violations of the law of war, and for other purposes"
Significance: a controversy over whether this law affects the rights of habeas corpus for United
States citizens.
no habeas corpus for enemy combatants, only president can determine
it affects the role of U.S. courts in protecting the fundamental rights of detainees, the
implementation of the Geneva Conventions under U.S. law, and the prosecution of abuses by
U.S. officials.
Final Exam Questions And Answers31
Jus In Bello - ANSWERS Definition: the law that governs the way in which warfare is conducted
--> conduct of parties engaged in an armed conflict.
IHL is synonymous with jus in bello
Significance: it seeks to minimize suffering in armed conflicts, notably by protecting and
assisting all victims of armed conflict to the greatest extent possible.
Hamdan v. Rumsfield - ANSWERS Case in which the Supreme Court of the US held that military
commissions set up to try detainees at Guantanamo Bay lack "the power to proceed because
structures and procedures violate both the uniform code of military justice and the four Geneva
conventions signed. The ruling stated that common article 3 of the Geneva Conventions was
violated
Geneva Conventions - ANSWERS Comprises four treaties, and three additional protocols, that
establish the standards of international law for humanitarian treatment in war.
Basic rights of wartime prisoners (civilians and military personnel); established protections for
the wounded and sick; and established protections for the civilians in and around a war-zone.
Humanitarian Law - ANSWERS Definition: The law that regulates the conduct of war (jus in
bello)
Significance: seeks to limit the effects of armed conflict by protecting persons who are not
participating in hostilities (civilians), and by restricting and regulating the means and methods of
warfare available to combatants.
,Principle of Proportionality - ANSWERS Definition: the harm caused to civilians or civilian
property must be proportional and not excessive in relation to the concrete and direct military
advantage anticipated by an attack on a military objective.
Significance: In the conduct of war, when a party commits a lawful attack against a military
objective, the principle of proportionality also comes into play whenever there is collateral
damage, that is, civilian casualties or damage to a nonmilitary objective.
Derogations of rights require the satisfaction of two tests.
• 1) situation must truly threaten life of the state.
• 2) that measures taken in consequence of such an emergency are 'strictly required by the
exigencies of the situation'
Habeas Corpus - ANSWERS Definition: a legal action that a person can bring in order to seek
relief against arbitrary and unlawful detention
Significance: represents the idea that the king or the President, may not, at his whim, detain
whomever he wants without allowing the detainee the opportunity to stand before a fair court
to hear the charges against him or her and to have an opportunity to answer the charges.
Filing a petition for a writ of habeas corpus is a legal challenge to the government's ability to
detain an individual.
Imp. For Guantanamo Bay detainees
Military Tribunals - ANSWERS Definition: military courts designed to try members of enemy
forces during wartime, operating outside the scope of conventional criminal and civil
proceedings
, Significance: Rarely follow IHRL perfectly
A military tribunal, or commission, is different from a regular civilian criminal court. In a
tribunal, military officers act as both judge and jury. After a hearing, guilt is determined by a
vote of the commissioners. Unlike a criminal jury, the decision does not have to be unanimous.
Guantanamo - ANSWERS Ban on torture not fully met
Call for reform post 9/11
Unlawful and inhumane acts
United States military prison located within Guantanamo Bay Naval Base, inmates detained
indefinitely without trial and several inmates were severely tortured, this camp is considered as
a major breach of human rights
Enemy Unlawful Combatant - ANSWERS Definition: An unlawful combatant, illegal combatant
or unprivileged combatant/belligerent is a person who directly engages in armed conflict in
violation of the laws of war.
Significance: An unlawful combatant may be detained or prosecuted under the domestic law of
the detaining state for such action, subject of course to international treaties on justice and
human rights.
Military Commission Act of 2006 - ANSWERS Definition: an Act of Congress signed by President
George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by
military commission for violations of the law of war, and for other purposes"
Significance: a controversy over whether this law affects the rights of habeas corpus for United
States citizens.
no habeas corpus for enemy combatants, only president can determine
it affects the role of U.S. courts in protecting the fundamental rights of detainees, the
implementation of the Geneva Conventions under U.S. law, and the prosecution of abuses by
U.S. officials.
