International laws

INTERNATIONAL LAWS

Disclaimer: No one in Act For Justice and Peace has any legal training whatsoever, but the following laws seem to state quite clearly the situation:

 

SUMMARY OF THE GENEVA CONVENTIONS OF 12 AUGUST 1949 AND THEIR ADDITIONAL PROTOCOLS

Both Yemen and Saudi Arabia have ratified the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

 

ADDITIONAL PROTOCOL I

Protection of the civilian population against the effects of hostilities. The basic rule requires that a distinction must be made at all times between the civilian population and combatants and between civilian objects and military objectives, and that operations must accordingly be directed only against military objectives (P.I, 48).

Any person not belonging to the armed forces is a civilian (P.I, 50).

See https://www.icrc.org/eng/assets/files/publications/icrc-002-0368.pdf

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STOP OUR COUNTRY FROM BEING COMPLICIT IN WAR CRIMES

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Here are just a few of the relevant Articles of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

https://www.icrc.org/eng/assets/files/other/icrc_002_0321.pdf

At the Fountain, Alexandre Baron, 2009 (CC BY-NC-SA 2.0) , Creative Commons via Flickr

At the Fountain, Alexandre Baron, 2009 (CC BY-NC-SA 2.0) , Creative Commons via Flickr, [82]

Protection of the civilian population

Article 51 – Protection of the civilian population

1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

Don't bomb the kids, Duncan C, July 22 2014

Don’t Bomb the kids, Duncan C, 2014, (CC BY-NC 2.0) Creative Commons via Flickr, [80]

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

(a) those which are not directed at a specific military objective;

(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or

(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

5. Among others the following attacks are considered as indiscriminate:

a) an attack by bombardment by any method or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and

b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the the concrete and direct military advantage anticipated

6. Attacks against the civilian population or civilians by way of reprisals are prohibited

Article 52 – General Protection of Civilian Objects

1. Civilian objects shall not be the object of attack or reprisals. Civilian objects are all objects which are not miitary objects as defined in paragraph

2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose, usemake an effective contribution to military action, and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

3. In case of doubt, whether an object which is normally dedicated to civilian purposes, such as a place of worship, a houes or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.

Article 54 – Protection of objects indispensable to the survival of the civilian population

1. Starvation of civilians as a method of warfare is prohibited.

2. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.

Article 57 – Precautions in attack

1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

2. With respect to attacks, the following precautions shall be taken:

(a) those who plan or decide upon an attack shall:

(i) do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 [ Link ] and that it is not prohibited by the provisions of this Protocol to attack them;

(ii) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects;

Article 77 – Protection of children

1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason.

Ta'izz, Yemen, by eesti 2007, (CC BY-NC-ND 2.0), Creative Commons via Flickr

Ta’izz, Yemen, by eesti 2007, (CC BY-NC-ND 2.0), Creative Commons via Flickr, [81]

EU LAW

Official Journal of the European Union, Council Common Position, Acts Adopted Under Title V of the EU Treaty, 8th Dec 2008

Defining common rules governing control of exports of military technology and equipment

Parts of this are relevant and include Article 2, Criterion 2, where it states:

“Having assessed the recipient country’s attitude towards relevant principles established by instruments of international humanitarian law, Member States shall:

(c) deny an export licence if there is a clear risk that the military technology or equipment to be exported might be used in the commission of serious violations of international humanitarian law.”

see http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:335:0099:0103:en:PDF

 

ARMS TRADE TREATY

An international arms trade treaty was adopted at the United Nations in New York on 2 April 2013. The treaty text recognised “the legitimate political, security, economic and commercial interests … in the international trade in conventional arms”.

A year later, on 2 April 2014, the UK ratified the treaty. It entered into force on 24 December 2014,

United Nations General Assembly Hall in the UN Headquarters, New York, NY, by Basil D Soufi (CC BY-SA 3.0) Creative Commons via Wikimedi commons

United Nations General Assembly Hall in the UN Headquarters, New York, NY, by Basil D Soufi (CC BY-SA 3.0) Creative Commons via Wikimedi commons, [83]

Article 6

Prohibitions

3. A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.

Article 7

Export and Export Assessment

1. If the export is not prohibited under Article 6, each exporting State Party, prior to authorization of the export of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, under its jurisdiction and pursuant to its national control system, shall, in an objective and non-discriminatory manner, taking into account relevant factors, including information provided by the importing State in accordance with Article 8 (1), assess the potential that the conventional arms or items:

a) would contribute to or undermine peace and security:

b) could be used to:

i. commit or facilitate a serious violation of international humanitarian law;

ii. commit or facilitate a serious violation of international human rights law

 

Additionally, as a member of the United Nations, Saudi Arabia is legally obligated to respect the provisions of the Universal Declaration of Human Rights, the Human Rights Defenders Declaration, and the Basic Principles.

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