The HPCR Manual on International Law Applicable to Air and Missile Warfare (the HPCR Manual) was formulated by a multi-year project that was set up to restate the existing international laws applicable to air and missile warfare. The project was created in 2003 by the Program on Humanitarian Policy and Conflict Research at Harvard University (HPCR) after consulting with scholars and governmental experts.
In 1923, the Rules of Air Warfare were drafted at the Hague by a commission of jurists. Since then, air power has become a crucial element of military arsenal and modern warfare. The developments in air and missile technology in the last few decades have completely altered military strategy and created distinct challenges to the protection of civilians in time of armed conflict. Although a number of international treaties have been adopted in response to modern warfare, including the four 1949 Geneva Conventions for the Protection of War Victims, the two Additional Protocols of 1977, and various conventions regarding cultural property, biological weapons, and chemical weapons, many important aspects of air and missile operations are not included. Also, some of these instruments, especially AP/I, are not binding on all states, including the United States. Because of this, the Commentary on the HPCR Manual identifies US practices and positions which are consistent with the rules of AP/I. [1]
The goal of the HPCR Manual is to give a methodical restatement of international law and air and missile warfare, based on the practice of States accepted as law and treaties in force. Because the authors of the HPCR Manual have no legislative power, there is no innovative aspect. By providing a reference on international law applicable to air and missile warfare, the HPCR Manual will help to stimulate discussions among legal advisors, military advisors, and humanitarian practitioners, which in turn will help improve the protection of civilians in armed conflict. [1]
The HPCR Manual hopes to serve as a valuable resource for military forces while developing rules of engagement, writing military manuals, preparing training courses, and the actual conduct of armed forces in combat operations, while also providing the armed services' lawyers a cohesive text to assist them in their tasks. The HPCR Manual is a practical tool that will make decision-making easier in a real-time operational environment, while also giving confidence to those who utilize it. The objective of the HPCR Manual is to be of help to those who plan, approve or execute air or missile operations before rather than after the event. The HPCR Manual is also meant to be used by other segments of armed forces, such as commanders of forces that are receiving these attacks. Needless to say, it is hoped that the HPCR Manual will be used extensively in training and instruction courses in both wartime and peacetime, so as to familiarize prospective users with the patterns of behavior expected of them. [2]
The black letter rules of the HPCR Manual are a collective creation of the group of experts. The black letter rules reflect the consensus of the group of experts as to the state of the most significant elements of international humanitarian law bearing on air and missile warfare in 2009. Each black letter rule of the HPCR Manual includes a user-friendly explanation for both legal advisers and those who plan, approve or execute air or missile operations on both sides of the armed conflict. The commentary is done in "bullet point" style. [2]
The Core Group of Experts is made up of 24 people, including Claude Bruderlein, Director of the Program on Humanitarian Policy and Conflict Research at Harvard University, Dr. Yoram Dinstein, Senior Academic Advisor at HPCR and Professor Emeritus of International Law at Tel Aviv University, Knut Dörmann, Head of the Legal Division at the International Committee of the Red Cross, Dr. Frits Kalshoven, Professor Emeritus of International Law at Leiden University, Colonel (ret.) W. Hays Parks, Former Special Assistant to the Judge Advocate General of the Army for Law of War Matters with the Office of General Counsel in the US Department of Defense, Professor Michael N Schmitt, Dean and Professor of International Law at the George C. Marshall Center, and Dr. Zhu Wenqi, Professor of International Law at the Law School of Renmin University of China. Other experts, including 7 government experts and 6 experts that participated in some of the sessions, also contributed to the HPCR Manual. [3]
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.
A civilian is a person not a member of an armed force nor a person engaged in hostilities.
The law of war is the component of international law that regulates the conditions for initiating war and the conduct of warring parties. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war. It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.
Protocol I is a 1977 amendment protocol to the Geneva Conventions concerning the protection of civilian victims of international war, such as "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes". In practice, Additional Protocol I updated and reaffirmed the international laws of war stipulated in the Geneva Conventions of 1949 to accommodate developments of warfare since the Second World War (1937–1945).
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The Hague Initiative for Law and Armed Conflict is an initiative of the Netherlands Red Cross and the T.M.C. Asser Instituut. Its goal is to bring all actors in the field of International Humanitarian Law in the Netherlands together, and to disseminate International Humanitarian Law through different activities. Recently, HILAC has joined forces with the Amsterdam Center for International Law of the University of Amsterdam. The Hague Initiative for Law and Armed Conflict organizes a monthly lecture series, speakers in 2008 include:
The International Institute of Humanitarian Law (IIHL) is an independent, “non-profit, humanitarian association having social values as its objectives”, founded in 1970 in Sanremo, Italy. Its headquarters are situated in Villa Ormond, while a liaison office of the Institute is established in Geneva, Switzerland.
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel, established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone.
Many legal assessments of the Gaza flotilla raid were published subsequent to the event. International law experts differed over the legality of the action by Israel. The force necessary to respond to violent resistance and whether the force that was used was proportionate were disputed.
The San Remo Manual on International Law Applicable to Armed Conflicts at Sea was adopted in June 1994 by the International Institute of Humanitarian Law after a series of round table discussions held between 1988 and 1994 by diplomats and naval and legal experts. It is "the only comprehensive international instrument that has been drafted on the law of naval warfare since 1913."
Nils Melzer is a Swiss academic, author, and practitioner in the field of international law. From 2016 until 2022, Melzer was the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is a professor of international law at the University of Glasgow. From 2011-2013, he was Swiss Chair of International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights. Melzer has criticised the governments of the U.S., the U.K., Ecuador and Sweden over their treatment of Julian Assange.
Customary international humanitarian law is a body of unwritten rules of public international law, which govern conduct during armed conflict.
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Michael N. Schmitt is an American international law scholar specializing in international humanitarian law, use of force issues, and the international law applicable to cyberspace. He is Professor of Public International Law at the University of Reading, the G. Norman Lieber Distinguished Scholar at the Lieber Institute of the United States Military Academy at West Point, and the Charles H. Stockton Distinguished Scholar in Residence at the US Naval War College.
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