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New Battlefields, Old Laws - From the Hague Conventions to Asymmetric Warfare – Workshop Summary
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New Battlefields, Old Laws - From the Hague Conventions to Asymmetric Warfare – Workshop Summary
As we approach the 100-year anniversary of The Hague Rules of 1907, it has become increasingly clear that there is a need for a fundamental re-examination of the policies and laws for the conduct of armed conflict. Toward that end, the Institute for Counter Terrorism (ICT) and the Lauder School for Government, Diplomacy and Strategy at the Interdisciplinary Center (IDC) in Herzliya and the Institute for National Security and Counter Terrorism (INSCT) - an institute for advanced study and research sponsored by the Maxwell School of Citizenship and Public Affairs and the College of Law at Syracuse University – held a two-day workshop in Israel to address the considerable challenges for the future of armed conflict. The two-day workshop entitled: “New Battlefields, Old Laws, From the Hague Conventions to Asymmetric Warfare.
The workshop, held on July 9-10, 2007 at IDC Herzliya brought together scholars from diverse disciplines for two days of intensive discussions. Participants included experts in the fields of Law of Armed Conflict, Counterterrorism and Human Rights from different countries including Israel, USA and the United Kingdom.
Participants (in alphabetic order)
* Dr. Eitan Azani – Deputy Executive Director, The International Institute for Counter-Terrorism, Israel.
* Prof. William Banks – Director, Institute for National Security and Counter-Terrorism, Syracuse University, U.S.
* Prof. David Crane – College of Law, Syracuse University, U.S.
* Assistant Prof. Renee de Nevers – Public Administration at The Maxwell School of Citizenship and Public Affairs at Syracuse University. U.S.
* Adv. Ophir Falk – ICT Research Associate, Israel.
* Dr. Boaz Ganor – Founder and Executive Director, The International Institute for Counter-Terrorism; Deputy Dean, Lauder School of Government, Diplomacy and Strategy, The Interdisciplinary Center, Herzliya, Israel.
* Mr. Michael A. Innes – Visiting Research Fellow, School of Politics and International Studies (POLIS) University of Leeds, UK.
* Dr. Isaac Kfir – Lauder School of Government, Diplomacy and Strategy, The Interdisciplinary Center, Herzliya, Israel.
* Dr. Uzi Landau – Former Minister of Internal Security, Senior ICT Research Fellow, Israel.
* Dr. David Tal – Prof. Department of History, Syracuse University, U.S.
* Col. (Res.) Adv. Daniel Reisner – Former Head of the International Law Branch of the IDF Legal Division. Israel.
* Adv. Daphné Richemond–Barak – Tel Aviv University, Israel.
* Prof. Mitchel Wallerstain – Dean, Maxwell School of Citizenship and Public Affairs, Syracuse University, U.S
Goals of the Workshop
* To propose revisions to the laws of armed conflict that accommodate the non-traditional form of warfare in which states contend with terrorism and guerrilla warfare - otherwise known as asymmetric conflict.
* To suggest policies that can inform successful strategies and tactics that will enable states to combat terrorism.
* To consider the human rights implications of the purposeful use of non-combatants as human shields, the use of civilian population centers as areas of safe sanctuary for combatants and for the storage of military equipment.
During the workshop, the participants were divided into five teams. Each team discussed a different aspect of the issue:
* Moral authority/incentives
* Definition dilemmas
* Improving standards in the Law of Armed Conflict (LOAC)
* State responsibility for third-party terrorist actions
* Private security companies in asymmetric conflicts
Workshop Summary
The aim of the two-day workshop was to further study the application of The Hague and the Geneva Conventions (including the Additional Protocols) within the context of the global war on terror. From a legal perspective, the developing threat of international terrorism has tremendously increased the need to deal with those involved in international terrorism. In the words of Professor Banks, Director of the Institute for National Security, Syracuse University, "It's about finding new ways to look at rules to govern modern warfare. We hope to try and make concrete proposals for the governing of asymmetric conflict." At the heart of the workshop lies the premise that the Hague Conventions and international humanitarian law are "not a sacred cow", as Dr Boaz Ganor, the Director of the Institute for Counter-Terrorism, stated. In other words, the purpose of the workshop was not to put an end to international humanitarian law, which is how members of the humanitarian school see it, but rather to advance the protection of civilians and combatants.
The participants agreed that international humanitarian law and the laws of armed conflict, as written 100 years ago, require various addendums to help define the various statuses of those engaged in the conflict. This need arouse from the realization that in the current state of affairs, there no longer exists a clear-cut distinction between civilians and combatants. The use of private security firms in the conduct of war is an example of this erasure of boundaries between the groups. Thus, the "Private Security Companies in Asymmetric Conflicts" workshop looked at this challenging state of affairs because of the lack of legal standing of these entities in international law. Another key issue explored in the workshop was the question of state responsibility for third-party terrorist actions, which has become central in the debate about pre-empting, preventing and ending the threat of international terrorism. Professor Tal argued that one should look at four kinds of states when looking at state responsibility for third-party terrorist actions: 1) states that actively support terrorism; 2) states that provide passive or diplomatic support for terrorism (i.e. Egypt during the Algeria war); 3) states that have a weak government; and 4) states where the line between government support of terrorist groups is hazy. Michael Innes made valuable contributions when the workshop looked at the issue of sanctuaries and state accountability.
In October 2007, the members will meet in Washington DC. The planned conference will be hosted by Syracuse University.
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