TRAINER’S GUIDE FOR IHL TRAINING VIDEO

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TRAINER’S GUIDE FOR IHL TRAINING VIDEO

Contents

Chapter 1 5

Chapter 2 7

Chapter 3 10

Chapter 4 14

Chapter 5 19

Chapter 6 24

Chapter 7 29

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Chapter One

Question: What are the humanitarian concerns of the Staff Officers giving the briefing as they plan the mission?

Guide to discussions:a. The bridge is a critical link between the

civilian population in Jaji and their farmland

b. Blowing off this link could cause indirect hardship like famine, diseases resulting from poor nutrition, starvation, access to medical facilities e.t.c.

Note:IHL does not prevent a commander from blowing up the bridge; it however expects a commander to take into consideration possibilities of mitigating the suffering the absence of the bridge might cause. A few suggestions of how this could be done include:

a. Recce another route.

b. Make available adequate manpower and resources to secure the bridge while still in use.

c. Provide alternative crossing areas for civilian use alone e.t.c.

AP 1, Art 35AP I, Art 51 (5)(bAP I, Art 52 AP I, Art 58

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Chapter Two

QUESTION 1: Which IHL issues were covered in the Commanding Officer’s orders?

Guide to discussions:While it might seem that the IHL issues covered in the video clip are few, instructors should be mindful that depending on the phase or kind of operation, IHL could very well be integrated into operation orders. For example, during an advance operation, the choice of control measures like:• Checkpoints.• Bounds.• Reportlines.• Startlines.• Formupplace• E.t.c.

Must all be carefully scrutinised to ensure that the principle of distinction (not locating military objectives near civilian objects are respected).

Other IHL issues to be discussed are in the Co-ordinating Instructions paragraph as they affect:• ActiononPWs.• Actiononenemywounded.

AP I, Arts 48AP I, Art 50AP I, Art 51

GC III, Arts 13-15GC III, Arts 17,19 & 20GC IV, Art 33AP I, Arts 41(2)(c)AP I Art 50, 51 & 52(1)

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• Treatmentofcivilians• Looting• E.t.c.

Question 2: Why did the Commanding Officer cover these issues in his operation orders?

Guide to discussions: Instructors should guide the class to discuss command responsibility and individual responsibility. Specifically:• Whoistobeheldresponsibleforbreeching

an order given by a commander?• Where an instruction is flaunted, what

should a commander do?• Where a commander fails to address a

breech where doe the onus lie?• E.t.c.

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Chapter Three

Question 1: How should the military conduct themselves in such situations in an encounter with civilians?

Guide to discussions: The aim of this question is not to provide an answer but to allow various ideas to be discussed. To guide the discussions, instructors will do well to constantly remind their students of the key principles of IHL especially distinction. In this particular scenario, options could include:• Haltingtheadvance,informingthesuperior

commander of the situation and seeking for further directives.

• Continuing the advance but detailing aguard team to isolate the civilians from the axis of advance and informing the higher commander of what has happened and what was done about the situation.

• Askingthecivilianstoreturntotheirvillages(this option could be potentially dangerous as they might decide to change direction when out of sight of the force and still end up in locations were combat is ongoing.

AP 1, Art 50AP 1, Art 51AP 1, Art 52(1)

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Question 2: What necessary precautionary measures need to be taken to avoid getting civilians being caught up in the fighting?

Guide to discussions: Several options are open to the commander in the field:• Contacts/meetings with community

leaders, NGOs and other stakeholders around a prospective area of operation will go a long way to curtail the activities of civilian population around these areas.

• A robust grouping system and taskingwill help a commander to handle such exigencies. In the advance for instance, scouts, flank and rear guards could alsobe tasked to handle such exigencies. In effect, the notion of tasking guard force for combat alone could be adjusted to include containment of situations that might have indirect bearing on the combat mission.

Question 3: How are civilian displaced persons to be treated by the military?

Guide to discussions: Civilian displaced persons can either be:

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• Directed to relevant camps/NGOs forprocessing (discussions guided to discuss the staffing system and some of the responsibilities of the J9).

• The military could provide temporaryassistance for them until the government or other concerned parties take over this responsibility.

What is important in this discussion is to point out the need for commanders through the J9 to be thoroughly aware of all the other actors in their areas of operation. Hence, meetings between key stakeholders for information sharing at least are crucial for overall success of any military operation. During these meetings, commanders get to know the organisations in their areas of responsibilities and their tasks, limitations and contact details for ease of reaching them when the need arises.

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Chapter Four

Question 1: What action did the platoon commander take before sending his contact report?

Guide to discussions: Instructors should direct discussions along the line of Section battle drills. Noting that when the Lead or Point Section comes under enemy effective fire, it is expected to dash down, crawl to the nearest cover, observe and set sight before returning fire. In the clip, the Platoon Commander used his binoculars to search for the enemy location in other to determine where the harassing fire was emanating from. Without this information, it would be difficult for the commander to send his Contact Report.

Question 2: What are the contents of the Contact Report given by the platoon Commander? Could also include Anticipatory Order...

Guide for discussions: The contents of a Contact Report are:• When - timeofattack/event.• Where -GridreferenceoftheLocation.• What - Enemystrength

AP I, Art 57

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• What - WhattheCommander isdoingabout it.

In the framework of these discussions, instructors can also include discussions about the content of Anticipatory Orders where they will guide discussions to reveal how these helps soldiers get a grasp of the terrain ahead of them and options available if they have to deploy.

Question 3: How does the Contact Report help tactical commanders comply with IHL?

Guide for discussions: The intended discussions should generally result in good infusion of IHL inputs. Instructors should help students identify the nexus between tactics and IHL. For example, the instructor would highlight that a good contact report invariably implies that the commander has a good visual of the enemy or his location and can therefore bring effective fire to bear on him without fear that civilians would be in the general area. Naturally, if during his “locating the enemy drill” he sights civilians around the enemy location, he would be able to take appropriate precaution. This helps him to apply the principle of distinction.

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Additionally, although the “locating the enemy drill” is aimed at determining the best weapon or fire power to neutralise the opposition, it also helps to ensure that the chosen weapon does not cause too much unintended collateral damage.

Question 4: How should the platoon respond if the sniper is deployed in the church or mosque?

Guides for discussions: The purpose of this discussion is not to forbid troops from defending themselves when attacked even from protected areas. Instead, it is to highlight the key issues relating to military objectives and civilian objects including protected properties. It should be pointed out that once a civilian object or protected object is used for military purposes, it loses its protection. However, there is still the need to apply proportional force so as not to cause too much unintended collateral damage. For example, instead of using mortar or artillery (or other indirect fire weapon or bombs) to bring down a whole church because of enemy fire from a window or section of the church, a direct fir weapon could be used. This way, the collateral damage can very well be localised and unintended civilian

AP 1, Art 51(5)AP 1, Art 51(7)AP 1, Art 52(2)

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casualties would be minimised. Instructors should also explain that “proportional force” in IHL is not related to the amount of force viz a viz the enemy’s. An enemy can be killed with any kind of weapon regardless of his own weapon. Proportionality is measure against the “unintended collateral damage” incurred against the ‘value’ of the mission.

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Chapter Five

Question 1: What are the Commanding Officer’s instruction on “Action on wounded” and “Action on PW”?

Guide to discussions: The CO stated quite clearly that wounded enemy should be given first aid then evacuated to Company Aid Post or the relevant level of medical facility. Instructors should stress that this action is not a favour to be dispensed at the convenience of soldiers in the field. It is an order derived from the state committing to respect the First Geneva Convention. The same way states committing to respect the Third Geneva Conventions bounds soldier to certain attitude when dealing with PWs. PWs must be disarmed and escorted back to the relevant higher commander.

Instructors could further strengthen the argument for compliance with the law by explaining the tactical irrelevance of trying to torture a PW for information. For example:• Whatkindof“topsecurity”intelligencecan

a soldier in a unit have? • Canasoldierorevenjuniorofficersbeprivy

to the battle plan of the Commander?

GC III, Art 13-15GCIII, Art 17, 19 & 20AP I, Arts 41 & 42

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• Ifhecannotwhatvaluewouldtorturinghimfor information bring?

• Therefore, torturing the individual willnot provide any worthwhile intelligence because he simply does not know.

• Therefore,thejuniorlevelcommanderisjustwasting time and resources on a fruitless exercise. The manpower he commits to torture the PWs can be used for more important unit activities.

• BackloadingPWstotherear(asinstructed)frees materiel for the continuous prosecution of the war effort.

• Therearecompetentintelligencepersonnelat the Brigade or Division level that would use their skills and expertise to get more useful intelligence. So just escort to the rear on capture and face the combat without PW encumbrances.

Question 2: Suggest other ways the Search Party would have conducted their operation.

Guide for discussions: Instructors are advised to listen to all possible suggestions before proceeding to show the ‘corrected scene’ which

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is only also a suggestion. Tactical challenges cannot be solved in only one way. Good initiative is the key!

Question 3: What actions should the military take on enemy wounded, captured and dead soldiers after this situation?

Guide for discussions: As previously discussed, own and enemy wounded should be provided with first aid before being evacuated either to further medical care or as PWs.

Question 4: What should be done with the captured child soldier?

Guide for discussions: The law identifies combatants as “members of the armed forces of a party to the conflict (other thanmedicalpersonnel and chaplains)…” and this does not preclude children. As long as one is armed and is engaged in hostilities, that individual is a legitimate target. However, where this individual becomes casualty, i.e. wounded or is captured, then he becomes a child and must be treated with some difference. That is: • Detainedawayfromadults.

GC III, Arts 13-15GC III, Arts 17, 19 & 20AP I, Arts 41 & 42

GC IV, Art 24AP I, Art 43(2)AP I, Art 48AP I, Art 77

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• Notifyparentsorguardians.• Rehabilitatione.t.c.

Question 5: Why did the Platoon Commander remove the Dog Tag from the dead soldiers?

Guide to discussions: Instructors should highlight that Dog Tags are designed to:• Accountfortroops• Ensure that soldiers killed in action are

properly identified as such through the recovery of their tags. Missing soldiers will of course not be regarded as dead because their tags will still be on them.

GC I, Art 15GC II, Art 18GC IV Art 17

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Chapter Six

Question 1: What should the platoon do when combatants are in close proximity of civilians?

Guide to discussions: Instructors should guide discussions around the principles of distinction stressing on the need to properly identify the threat or the source of the threat. The principle of proportionality is also important. Note that proportionality is measured against the level of unintended collateral damage versus the military advantage that operation brings to the attacking force. Having highlighted the above, instructors will do well to draw attention to the fact that not all attacks must be replied by force. For example, it will be difficult to justify shooting into a market or gathering of civilians just because an enemy fired from within them. Commanders are expected to show a high sense of appreciation of restraint when solving such tactical problems. Taking cover, cordoning of the area and systematic sieving of the civilians might prove a more useful means of solving this tactical problem than shooting into the crowd with the hope that you will get the enemy. Moving targets are very difficult targets indeed.

AP I, Art 48AP I, Art 51(2)AP I, Art 51(4)AP I, Art 52

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Question 2: What action should the military takewhentheenemyraisesthewhiteflag?

Guide to discussions:Thewhiteflagisknownastheflagoftruce.Itdoesnotnecessarilymeanthat the opposition wishes to surrender. It only signifies the opposition’s intention to negotiate something. Therefore, care must be taken in responding to the enemy’s waiving of the white flag.Moreover, commandersmustbecautiousof their opposition being perfidious in the use of the Flag. Therefore, all necessary safety precaution must be taken while respecting the Law. For example, it will be fool hardy for those under cover to reveal themselves because they seeawhiteflag.Theoppositionwavingtheflaghas the responsibility of proving his or their honest intention. They could be ordered to drop their weapons and advance to a safe distance before the Force at advantage designate personnel(s) to get close to them. Instructors should guide the class to other reasons apart from surrendering that could cause a force to waivethewhiteflag.Someoftheseare:

• Torecoverwoundedandsick.• Tosearchforandburythedeadtoprevent

the bodies from being despoiled.

GC I, Art 15GC II, Art 18GC IV, Art 17

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Question 3: Which items should be taken from PWs and which should not?

Guide to discussions: Instructors will first guide discussions to define PWs highlighting that they are protected because they are no longer taking part in the hostilities.

Instructors should highlight the things/objects that can be collected from PWs as well as information PWs can be expected to volunteer. For the avoidance of doubt, these are:

Items to be taken include:• Ammunitions.• Militarydocumentse.g.maps,ordersbook,

signals diagrams e.t.c.• Military equipment not designed

specifically for protection e.g. webbing to carry ammunition pouches

Items that should not be taken include:• Militaryclothingandprotectiveequipment

e.g.boots,helmets,flak jackets,gasmaskse.t.c.

• Badgesofrank,insignia.

GC III, Art 13GC III, Art 14GC III, Art 17GC III, Art 18

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• Eating utensils ration packs and waterbottles.

• IDcardsanddiscs.• Personalpossessione.g.spectacles,watches

and articles of sentimental value like family photos.

Question 4: What information can a PW give to his captors?

Guide to discussions: Instructors should stress that PWs cannot be compelled through torture to provide information or intelligence. This does not mean that PWs cannot be asked questions but torture as a means to force them to answer is prohibited by law. The only information they are obliged to give are:• Names.• Rank.• Number.• Dateofbirth.

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GC III, Art 17

Chapter Seven

Question: What do you think about the behaviour of the soldiers in the medical post?

Guide to discussions: Instructors should direct participant’s discussions to address:• Treatmentofthosenolongerwillingorable

to take part in the hostilities.• Treatmentofwomenandchildren.• Protectedpropertiesingeneral.• Securitymeasurestobeputinplacewhere

a wanted person is ill and has to be in hospital.

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CAVEAT

1. This video is by itself insufficient as a tool. Instructors are encouraged to complement its use with their Tactics training manual or applicable materials to illustrate practical/theoretical training.

2. The video is ‘chaptarised’ to allow instructors use their discretion in choosing the most appropriate clip to support the topic under discussion.

3. Instructors are advised that some clips might be too advanced for certain audiences and care must be taken to ensure the appropriate topics are addressed to the respective audiences.

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