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Published online by Cambridge University Press: 27 April 2010
1 See, for example, Symposium on Humanitarian Action and Peacekeeping Operations, Report, ICRC, Geneva, 1994Google Scholar (here-inafter Symposium); Meijer, Martin, “Notes on the conference on ‘The UN and International Humanitarian Law’ (Geneva, 19–20 October 1995)”. International Peacekeeping, Vol. 2, No. 6, 1995, p. 137Google Scholar; and “Report on the international workshop ‘Towards a Future for Peacekeeping: Perspectives of a New Italian/German Co-operation’ (Pisa, 17–18 November 1995)”, ibid., p. 138.
2 International humanitarian law denotes the whole body of law applicable during armed conflict, often referred to as the law of armed conflict (jus in bello). See Greenwood, C., “Historical development and legal basis”, in Fleck, D. (ed.), Handbook of Humanitarian Law in Armed Conflicts, Oxford University Press, 1995, pp. 8–12.Google Scholar
3 See Meron, T., “The protection of the human person under human rights and humanitarian law”, UN Bulletin of Human Rights 91/1, UN, 1992, pp. 33–45Google Scholar; Meron, T. and Rosas, A., “A declaration of minimum humanitarian standards”, AJIL, Vol. 85, 1991, pp. 375–381CrossRefGoogle Scholar. See also Doswald-Beck, L. and Vite, S., “International humanitarian law and human rights law”, IRRC, No. 293, 03–04 1993. pp. 94–119.Google Scholar
4 Garcia-Sayan, Diego, “Human rights and peace-keeping operations”, University of Richmond Law Review, Vol. 29, 1995, p. 45Google Scholar. This article deals primarily with the UN mission to El Salvador (ONUSAL). See also Forsythe, D., “Human rights and international security: United Nations field operations redux”, in Castermans, , van Hoof, and Smith, (eds), The Role of the Nation State in the 21st Century, Kluwer, 1998, pp. 265–276.Google Scholar
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12 Section 3, Secretary-General's Bulletin: Observance by United Nations Forces of International Humanitarian Law, ST/SGB/1999/13, 6 08 1999Google Scholar. See Zwanenburg, M., “The Secretary-General's Bulletin on Observance by United Nations Forces of International Humanitarian Law: Some preliminary observations”, International Peacekeeping, Vol. 5, No. 4–5, 1999, pp. 133–139Google Scholar. Text also published in IRRC, No. 836, 12 1999, pp. 812–817.Google Scholar
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18 Zwanenburg, M., “The Statute for an International Criminal Court and the United States: Peacekeepers under fire?”, European Journal of International Law, Vol. 10, 1999, p. 126.CrossRefGoogle Scholar
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21 “Ignorance of the law does not excuse.” Every person is presumed to know the law. See O' Loughlin v. O'Callaghan (1874)Google Scholar IR 8 CL 116. However, Articles 32 and 33 of the ICC Statute recognize that a mistake of law may, in certain circumstances, be a ground for excluding criminal responsibility: Triffterer, op. cit., (note 17), pp. 555–588.
22 The first recognition of the need to inform the armed forces of the rules of war is found in the Oxford Manual prepared by the Institute of International Law in 1880, reproduced in Schindler, D. and Toman, J., The Laws of Armed Conflicts, Martinus Nijhoff/Henry Dunant Institute, 3rd ed., 1988, p. 35.Google Scholar
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25 Jean Pictet (general editor), Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Commentary, ICRC, Geneva, 1952, p. 348.Google Scholar
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28 See note 26 and McCoubrey, H., International Humanitarian Law, Dartmouth, 1990, pp. 205–210.Google Scholar
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30 Karlshoven, Frits, Constraints on the Waging of War, ICRC, Geneva, 1987, p. 61.Google Scholar
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32 Geiger, Louis, “Armed forces and respect for international humanitarian law: Major issues”, Symposium (note 1), p. 60.Google Scholar
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34 LaRose-Edwards, Paul, Dangerfield, Jack and Weeks, Randy, Non-Traditional Military Training for Canadian PeacekeepersGoogle Scholar, study prepared for the Commission of Enquiry into the Deployment of Canadian Forces to Somalia, Ottawa, 1997.
35 Though this need was recognized much earlier by some. See Green, L. C., “Humanitarian law and the man in the field”, Military Law and Law of War Review, Vol. XIV, 1976, pp. 96–115Google Scholar. See also Lt. Col. Vogt, “Experiences of a German legal adviser to the UNOSOM II mission”, Military Law and Law of War Review, Vol. XXXV, 1996, pp. 226–227.Google Scholar
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38 Op. cit. (note 34), p. 5
39 In addition, many of the operational-level personnel interviewed for the report remarked that dry legal lectures by military lawyers were not particularly helpful. It was considered that training by their own warrant and other officers would have been preferable. Ibid., p. 58.
40 Op. cit. (note 37). The recommendations were adopted by the Report of the Commission of Enquiry, op. cit. (note 13). See Recommendations, Chapter 21, para. 21.8, and Chapter 40, paras. 40.41 – 40.45. Since then Canada has implemented a comprehensive programme on education in and dissemination of international humanitarian law among its armed forces.
41 Murphy, R. and Campbell, C., Correspondents' Reports – Ireland, Yearbook of International Humanitarian Law 1998, TMC Asser Instituut, The Hague, 1998, p. 466.Google Scholar
42 Op. cit. (note 34), p. 43.
43 See Appendix. These findings are based on the answers to a questionnaire distributed among an Irish battalion serving with UNIFIL in Lebanon during 1998. The survey was completed by a cross-section of all ranks, and this meant that the majority of replies were from privates, and then from non-commissioned officers.
44 Op. cit. (note 34), p. 83.
45 This conclusion is based on interviews with military personnel from other countries contributing troops to UNFIIL in Lebanon during 1998.
46 Department of Defence, Dublin, 2000.
