Defence Images/Crown Copyright>
28 June 2021
Our new Military Briefing: Persons with Disabilities and Armed Conflict provides guidance to the armed forces on how to integrate a disability perspective into military manuals and the training of their militaries.
‘Today, most publicly available military manuals do not integrate a disability perspective. Ensuring that they do so is a first and essential step to introduce militaries to the topic and ultimately ensure that armed forces do protect and assist persons with disabilities during armed conflicts’ explains Professor Gloria Gaggioli, Director of the Geneva Academy.
‘We are confident that this will help military legal advisers, military personnel in charge of developing training manuals and training modules for the armed forces, as well as those in charge of designing and conducting operations on the ground to integrate this much-needed and mandatory disability perspective’ she adds.
Defence Images/Crown Copyright
As shown by our larger academic research, key international humanitarian law (IHL) provisions that serve to minimize the impact of armed conflict – such as the proportionality assessment and advanced effective warnings – are not being applied in a disability-inclusive manner, resulting in persons with disabilities being killed, seriously injured or left behind as families flee armed attacks.
This Military Briefing introduces militaries to this topic by exploring the meaning of disability and the incorrect understandings that must be avoided. It provides a brief overview of the impact of armed conflict on persons with disabilities before moving to the protections afforded to persons with disabilities under IHL.
‘In doing so, we notably focused on effective advance warnings and the treatment of detainees with disabilities to demonstrate what is at stake when militaries do not take a disability-inclusive approach, and how equality in the application of IHL can be achieved’ underlines Professor Gaggioli
The paper offers a number of concrete recommendations on specific areas, showing the possibility to integrate a disability perspective into military manuals and military operations.
For example, it details the meaning of ‘accessible warnings’ to persons in the vicinity of armed attacks, and sets our feasible measures regarding the treatment of prisoners of war with disability, in line with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
This Military Briefing was discussed at an online expert seminar co-organized with the International Committee of the Red Cross and Diakonia in March 2021. Insights, in particular from military stakeholders, provided avenues to continue this practice-oriented work via outreach events and targeted discussions with military legal advisers.
Articles of War
Our LLM alumnus Ioannis Bamnios – who graduated in October – published the main and very innovative argument of his LLM paper on the ‘conduct of hostilities in occupied territories’ in the leading blog Articles of War of the US Military Academy at West Point.
Our new Working Paper invites readers to embark on a critical journey, shedding light on the intricate dynamics between security and human rights and calls for us to consider the effectiveness of counterterrorism policies as a matter of human rights law, demonstrating the benefits of this approach in improving the rationality of the decision-making process.
This online short course will cover the ‘nuts and bolts’ of implementation, including national legislation, dissemination and training, and discuss the mechanisms such as the International Fact-Finding Commission, as set out in the treaties.
After having followed this online short course, participants will know who the protected persons and goods are and what rules of IHL can be used for their protection in an international armed conflict. An overview of the rules applicable in non-international armed conflicts will also be given.
UN Photo/Violaine Martin
The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.
This project will develop guidance to inform security, human rights and environmental debates on the linkages between environmental rights and conflict, and how their better management can serve as a tool in conflict prevention, resilience and early warning.