Background
In today’s interconnected world, humanitarian crises are increasingly complex and widespread, affecting millions of lives globally. Addressing these challenges requires a deep understanding of international humanitarian law (IHL), principles of humanitarian action, and effective strategies for humanitarian response. IHL, also known as the Law of Armed Conflict (LOAC) or jus in bello, plays a critical role in mitigating the human suffering caused by armed conflicts. It establishes legal frameworks and principles that seek to protect civilians, prisoners of war, and other non-combatants, a moral imperative that underscores the importance of our work. This Workshop offers a foundational exploration of IHL, focusing on the Hague and Geneva Conventions, their Additional Protocols, and customary international law. Participants will gain a comprehensive understanding of the legal parameters governing armed conflict, enabling them to apply these principles in real-world humanitarian contexts. The Workshop aims to equip participants with essential knowledge and practical skills to navigate the complexities of humanitarian crises and contribute meaningfully to humanitarian efforts worldwide.
Objectives of the Workshop
The Workshop aims to empower participants with the knowledge, skills, and ethical framework necessary to navigate the complexities of humanitarian crises effectively. By fostering a deeper understanding of IHL, humanitarian principles, and practical skills in crisis response, participants will be better equipped to contribute to humanitarian efforts, advocate for vulnerable populations, and uphold humanitarian values in their professional roles. By the end of the Training Session, Participants should be able to:
- Explain the origins, structure, principles, and rules of IHL, as well as contemporary challenges and issues.
- Outline the relevance of IHL and other legal regimes, such as human rights law and refugee law, for humanitarian practitioners.
- Identify the criteria for the application of IHL and their respective roles in the implementation of IHL.
- Employ the role of humanitarian professionals in respecting and ensuring better respect for international law and standards during armed conflict.
- Execute the collaborative means employed by IHL practitioners and international humanitarian agencies.
PROGRAMME
TUESDAY, 16 July 2024
Venue: Linde Motel, Mponela, Dowa.
08:30 – 09:30
Welcome Remarks.
HOST: Brig Gen (Prof) D KUWALI, Chairperson, National International Humanitarian Law
Committee (NIHLC), Malawi and Commandant, National Defence Colle-Malawi (NDC-MW)
CO-HOST: Mr Chifundo KALULU, Secretary General, Malawi Red Cross Society
| 09:30-10:00 Health Break and Group Photo
|
10:00 – 10:30
Topic: Understanding the Red Cross Movement
Presenter: Mrs. Prisca Chisala, Director of Programmes and Development, Malawi Red Cross
Society.
This lecture will include but not be limited to the following content:
- International Committee of the Red Cross (ICRC)
- International Federation of Red Cross and Red Crescent Societies (IFRC)
- National Red Cross and Red Crescent Societies
- Seven Fundamental Principles of the Red Cross Movement: humanity, impartiality, neutrality, independence, voluntary service, unity, and universality.
10:30 – 11:30
Topic: Introduction to the Law of Armed Conflict (LoAC)
Presenter: Brig Gen (Prof) D KUWALI
This lecture will include but not be limited to the following content:
- Historical Evolution of the Law of Armed Conflicts
- The Law of Armed Conflicts: Main Sources
- The Law of Armed Conflicts: Basic Principles
- Main Components of Jus ad Bellum, Jus in Bello, Jus Post Bellum, and Jus ad Pacem
- The Separation between Jus ad Bellum and Jus in Bello in Modern International Law: Equality of the Belligerents, Just War and the War against Terrorism
- War Crimes and International Criminal Justice
11:30 – 12:30
Topic: The Hague Law: Means and Methods of Warfare
Presenter: Captain Prince Bright MAJIGA, Officer Commanding, Malawi Army
This lecture will include but not be limited to the following content:
- Targeting: The Principle of Distinction between Civilian and Military Objectives
- Other Objectives Specifically Protected against Attack
- Prohibited Weapons
- Perfidy and Ruses of war
- Some other Prohibited Means and Methods of Warfare
- System Efficacy: Potentially Shattering Consequences for International Law
| 12:30-13:30 Lunch Break
|
13:30 – 14:00
Topic: The Geneva Law: Protection of Victims of Armed Conflict
Presenter: Captain Stewart SAWALI, Legal Officer, Malawi Maritime Force
This lecture will include but not be limited to the following content:
- The implementation of the LOAC
- The Role of the International Committee of the Red Cross
- The Definition of Combatants
- The Protection of Prisoners of War
- General Protection of Civilians
- The Law of Armed Conflicts: The “Intangible” Nature of the LOAC Rights
- The Law of Armed Conflicts Protective Emblems
| 14:00-14:20 Lunch Break
|
14:20 – 15:00
Topic: The New York Law: Protection of Victims of Armed Conflict
Presenter: Mr Limbikani MSISKA, Senior State Advocate, Ministry of Justice
This lecture will include but not be limited to the following content:
- IHL Treaties and Conventions
- UN General Assembly Resolutions
- Security Council Resolutions
- International Court of Justice (ICJ) Cases
- Committees and Expert Groups
- Humanitarian Initiatives and Programmes
| 15:00-15:20 Lunch Break
|
15:20 – 16:00
Topic: Applicability of International Humanitarian Law (IHL)
Presenter: Lt Col WAD MFUNE, Deputy Chief of Legal Services, Malawi Defence Force
This lecture will include but not be limited to the following content:
- Material Scope of Applicability
- Personal Scope of Applicability
- Spatial Scope of Applicability
- Temporal Scope of Applicability
- Applicability by Special Agreements
- Non-International Armed Conflicts, in Particular
- The Relationship between the LOAC and Humanitarian Law
16:00 – 17:00
Topic: Protection of Specific Groups
Presenter: Maj Laika W NAKANGA, Director of Legal Services, Malawi Air Force
Content: This lecture will include but not be limited to the following content:
- The wounded, the sick, and the shipwrecked
- Civilians
- Women, Children, and the Elderly
- Displaced Persons
- Medical Personnel and humanitarian workers
| End of Day One
|
WEDNESDAY, 17 JULY 2024
Venue: Mponela, Dowa
08:30 – 09:00
Topic: Implementation of IHL, Monitoring and Reporting Mechanisms
Presenter: Maj Laika W NAKANGA
This lecture will include but not be limited to the following content:
- Dissemination of IHL
- National and International Reporting Obligations
09:00 – 09:30
Topic: Prevention of Violations of IHL
Presenter: Maj Thomasin Tumpale GONDWE, Legal Officer, Malawi Defence Force
Content: This lecture will include but not be limited to the following content:
- Prevention of Violations of IHL
- Legal Framework and Mechanisms
- Educational and Awareness Initiatives
- Humanitarian Diplomacy and Advocacy
- Addressing Root Causes
| 09:30–09:50 Health Break
|
09:50 – 10:30
Topic: Suppression of Violations of IHL
Presenter: Maj Thomasin Tumpale GONDWE
Content: This lecture will include but not be limited to the following content:
- Suppression of Violations of IHL
- Enforcement Mechanisms
- Protection of Civilians and Civilian Objects
- Monitoring and Reporting
- Humanitarian Action in Conflict Zones
10:30 – 11:00
Topic: The Future of IHL: Problems and Prospects
Presenter: Beig Gen (Prof) D KUWALLI
Content: Presentations will include but not be limited to the following subjects:
- The Non-State Armed Groups
- New technologies
- Protection of civilians
- Humanitarian access
- Fragmentation of conflict
- Monitoring and reporting
11:00 – 11:30
Topic: The Role of the National International Humanitarian Law Committee
Presenter: Brig Gen (Prof) Dan KUWALI
This lecture will include but not be limited to the following roles:
- Promote awareness and understanding of International Humanitarian Law (IHL) among relevant stakeholders.
- Advise the government on incorporating IHL into domestic legislation and policies.
- Monitor and report on the implementation of IHL within the country.
- Coordinate with relevant ministries, agencies, and organisations to ensure compliance with IHL obligations.
- Provide training and capacity-building initiatives on IHL for legal professionals, military personnel, and other relevant actors.
- Serve as a focal point for inquiries and consultations related to IHL issues.
- Support efforts to disseminate and educate the public about IHL principles and protections.
- Facilitate cooperation and information exchange with international bodies and organisations on IHL matters.
- Contribute to developing national policies and strategies to strengthen respect for IHL.
- Assist in investigating and prosecuting violations of IHL through national legal processes.
11:30 – 12:30
Topic: Roles of Ministries, Departments, and Agencies in the Implementation of IHL
Moderator: Mrs Angela Tamabanda Hazel KAUNDA, Deputy Director, Ministry
of Justice
Content: Presentations will include but not be limited to the following Departments:
- Ministry of Foreign Affairs
- Ministry of Justice
- Ministry of Homeland Security
- Malawi Defence Force
- Malawi Police Service
- Department of Disaster Management Affairs
- National Assembly
- The Civil Society
- The Academia
| 12:30-13:30 Lunch Break
|
13:30 – 14:30
Plenary Session: “Key Takeaways”
Moderator: Lt Col WAD MFUNE
Participants: All
| 14:30-15:30 Health Break
|
15:30 – 16:00
Closing Remarks.
Co-Host HOST: Mr Chifundo KALULU, Secretary General, Malawi Red Cross Society.
HOST: Brig Gen (Prof) Dan Kuwali, Chairperson, NIHLC, Malawi and Commandant,
NDC-MW.
| End of Day Two
|
References
Here are some links to IHL resources that may prove useful as handouts at the workshop:
What is international humanitarian law? | International Committee of the Red Cross (icrc.org)
34IC-Draft-0-IHL-EN.pdf (rcrcconference.org)
34IC-Draft-zero-resolution-ICT-June2024-EN.pdf (rcrcconference.org)
