Human Rights and the Law of Armed Conflict
practical training for militaries, gendarmeries & law enforcement
PAVOCAT IHL SYSTEM ™
PHASE 1 - PEACE
GENERIC - 'Green'
IHL TRAINING
Verifiable delivery by established experts of university accredited training to militaries, gendarmerie and others, such as the personnel of Private Military Companies (“PMCs”), at all levels in the laws applicable to international and non-international armed conflicts (“IAC” and “NIAC”), including training in the Law of Armed Conflict (“LOAC”) and International Human Rights Law (“IHRL”) and more, to include:
- Courses provided globally by the Pavocat-Stellenbosch Academy and accredited by Stellenbosch University;
- Training Manuals and Individual Training Logs;
- Recorded IHL/IHRL Compliance Pledges; and
- IHL/IHRL Pocketbook Code of Conduct (‘The Red Card’).
MONITORING
Structured monitoring of IHL (and/or IHRL) compliance across all levels of leadership and control, to include:
- Publication annually of an IHL (and/or IHRL) Compliance Report (a ‘Compliance Health Check’); and
- Annual IHL (and/or IHRL) Compliance Pledge obtained from all relevant personnel.
VERIFICATION
Snap and unannounced IHL (and/or IHRL) audits implemented in units across all service arms and within other structures with failure resulting in re-training.
PHASE 2 - OPERATIONAL PREPAREDNESS
SPECIFIC - 'Amber'
BESPOKE IHL (AND IHRL) REINFORCEMENT TRAINING
The provision of mission specific IHL (and IHRL) pre-deployment training to prepare personnel for participation in operations that may require the use of force, such as peace enforcement and peace keeping missions, to include:
- Applicable legal regimes (peace enforcement compared to peace keeping; IAC compared to NIAC etc)
- Permissible use of force, Targeting and Rules of Engagement;
- The use of drones and sensitive equipment:
- Handling and treatment of detainees;
- Protecting civilians and cultural property; and
- Gender violence and respect for human rights.
PHASE 3 - CONFLICT
REAL (OPERATIONS) - 'Red'
OBSERVERS
Embedded observers at the strategic operational and tactical levels of command able to identify potential and actual LOAC/IHRL breaches and report them swiftly and accurately up the chain of command (and outside of it, as appropriate).
POST INCIDENT ANALYSIS
Immediate review of reported IHL/IHRL incident to ensure: (1) capture of relevant facts and materials; and (2) that repetition does not occur by implementing changes to operational doctrine, policy or practices.
WAR CRIMES INVESTIGATION
The independent and thorough investigation of alleged breaches (including grave breaches) of IHL and transgressions of IHRL by service personnel at any level and in any service.
Production of a dossier of evidence for referral to appropriate entities and agencies (e.g., Military Prosecutors).
BOARD OF ENQUIRY
To provision of an independent Board of Inquiry to determine what IHL/IHRL errors were made – and why – in order to prevent further such occurences.
RELATED SERVICES
INDEPENDENT WAR CRIMES INVESTIGATION
The need for independent, high quality and admissible investigations of alleged contraventions of the Laws of Armed Conflict and associated breaches of International Human Rights Laws and norms is now beyond doubt. The reliability and integrity of such inquires ordinarily undertaken by the military accused of committing grave breaches of IHL/IHRL is consistently called into question, nationally and internationally, often to the detriment of the accused personnel and to those for whom they work. To overcome this very real problem, Pavocat IHL provides an independent investigation service, which permits client States and others to outsource investigations of e.g., alleged war crimes, human rights contraventions and breaches that could cause serious reputational harm, confident that they will receive a detailed, independent and comprehensive evidential dossier upon which decisions can be safely based.
MILITARY JUSTICE SYSTEM
The efficacy and integrity of IHL compliance is judged by a State’s ability to try fairly and effectively war crimes alleged to have been committed by its service personnel. Pavocat IHL can review and enhance a State’s existing Military Justice System or design new, improved and internationally recognised resolution mechanisms together with providing the architecture and resources necessary to implement any new system of military justice.
MILITARY LEGAL SYSTEM
Pavocat IHL can assist in the creation and implementation (i.e., recruitment, training, mentoring, etc) of a dedicated Military Legal Service – plural or specific to each arm of a State’s military – that would, amongst other things, provide operational legal advice and guidance to commanders at all levels, as well as the lawyers required to administer, prosecute and defend within the State’s Military Justice System. In short, Pavocat IHL could either build for a client State a Judge Advocate Generals Corp (or equivalent) capable of fulfilling its international commitments, or we could improve the effectiveness, capabilities and credibility of any existing Military Legal Service. Pavocat IHL can also arrange on an ad hoc or more permanent basis for the provision of prosecutors capable of prosecuting the most difficult and challenging of military offences, including war crimes, within the State’s Military Justice Sytem or within its national courts (on this, see below).
EMBEDDED LEGAL SUPPORT
Aside from helping a State to create a dedicated Military Legal Service, Pavocat IHL can arrange for the provision of highly experienced and capable military lawyers to serve within the client state’s military – in times of peace and war – and to advise its commanders on all aspects of international and non-international armed conflicts, peace enforcements and peace keeping operations etc. Embedded Pavocat lawyers would act as advisers, as well as teachers and mentors to less experienced lawyers within the State’s military apparatus. A similar service is available to international governmental organisations, as well as to other entities.
ASSISTANCE WITH ADOPTING IHL
Pavocat IHL can rely upon the services of expert legal counsel located within Pavocat Chambers to assist a State in ratifying IHL treaties and more. Barristers within Chambers can draft all the necessary legislation to implement safely and securely IHL treaty commitments within the State, including advising on membership of the International Criminal Court. Moreover, counsel can write or review all the military laws, regulations and manuals required to operate a contemporary and human rights compliant Military Justice System.
LITIGATION SUPPORT and LEGAL REPRESENTATION
Pavocat IHL provides a full and expansive Litigation Support Service to States and individuals accused of committing war crimes by international tribunals, such as the International Criminal Court. As part of this service, Pavocat can arrange for legal representation by one or more of the expert barristers practicing in the field of IHL and international criminal law from Pavocat Chambers in London.