Defence Images/Crown Copyright>
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.
Our Senior Research Fellow and Strategic Adviser on IHL Dr Annyssa Bellal travelled this summer to North-East Syria with colleagues from Geneva Call – Ezequiel Heffes and Pascal Bongard – as part of the research project she leads that examines the practice and interpretation of ANSAs on core IHL norms.
Olivier Chamard/Geneva Academy
Our Senior Research Fellow and Strategic Adviser on International Humanitarian Law Dr Annyssa Bellal will discuss IHL monitoring and compliance at a High-Level Side Event during the UN General Assembly Ministerial Week.
In this online event co-organized with the ATLAS Network, prominent women in international law will share their experience and advice through an interactive discussion.
This short course, which can be followed in Geneva or online, analyses the main international and regional norms governing the international protection of refugees. It notably examines the sources of international refugee law, including the 1951 Geneva Convention Relating to the Status of Refugees, and their interaction with human rights law and international humanitarian law.
This short course, which can be followed in Geneva or online, 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.
Resulting from traditional legal research and informal interviews with experts, the project aims at examining how – if at all possible – IHL could be more systematically, appropriately and correctly dealt with by the human rights mechanisms emanating from the Charter of the United Nations, as well from universal and regional treaties.
This project aims at compiling and analysing the practice and interpretation of selected international humanitarian law and human rights norms by armed non-state actors (ANSAs). It has a pragmatic double objective: first, to offer a comparative analysis of IHL and human rights norms from the perspective of ANSAs, and second, to inform strategies of humanitarian engagement with ANSAs, in particular the content of a possible ‘Model Code of Conduct’.