Youth Action Campaign - International Humanitarian Law JROTC Track - Red Cross
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International Humanitarian Law Youth Action Campaign JROTC Track Handbook for JROTC Cadets
© AMERICAN RED CROSS 2021
Table of Contents Module 1: American Red Cross IHL Youth Action Campaign .......................................................................... 2 IHL Youth Action Campaign Program Structure .......................................................................................................2 International Humanitarian Law .............................................................................................................................2 The American Red Cross .........................................................................................................................................3 The Story of Clara Barton – Founder of the American Red Cross ..............................................................................3 The Seven Fundamental Principles of the Movement ..............................................................................................4 Module 2: International Humanitarian Law ................................................................................................. 5 The Geneva Conventions ........................................................................................................................................6 The Four Principles of IHL .......................................................................................................................................7 Module 3: Preservation of Cultural Property .............................................................................................. 10 What is Cultural Property?..................................................................................................................................... 11 Moveable or Immoveable ...................................................................................................................................... 11 What is "...of Great Importance"? .......................................................................................................................... 12 Law & Cultural Property ....................................................................................................................................... 13 Case Studies ......................................................................................................................................................... 17 How does the Red Cross and Red Crescent Movement Protect Cultural Property? ................................................. 21 Module 4: Build Your IHL Campaign ........................................................................................................... 23 Roles and Responsibilities .................................................................................................................................... 23 Campaign Activities Best Practices........................................................................................................................ 23 Strategy 1: In-person Activities ............................................................................................................................. 24 Marketing Events ................................................................................................................................................. 24 Strategy 2: Social Media Activities ........................................................................................................................ 25 Social Media Best Practices .................................................................................................................................. 27 Campaign Summary Project PowerPoint or Video ................................................................................................. 28 IHL Youth Action Campaign Checklist ......................................................................................................... 29 Design Thinking Campaign Building Tool ......................................................................................... 30 Step-by-Step Activity Plan ................................................................................................................... 34 Campaign Activity Ideas ...................................................................................................................... 36 Campaign Activity Data ....................................................................................................................... 38
Module 1: American Red Cross IHL Youth Action Campaign
Thank you for participating in the International Humanitarian
Law (IHL) Youth Action Campaign!
The IHL Youth Action Campaign is an American Red Cross
sponsored program that encourages youth and young adults
to learn about the rules of armed conflict and empowers them
to explore IHL through peer-to-peer campaigns.
JROTC is partnering with the American Red Cross to raise
awareness on this topic with your community. As cadets, you
are perfectly positioned to learn about the laws of war and can
best educate your community about them. We look forward to
seeing your creative campaigns come to life and learning
about your experiences teaching your peers about IHL.
IHL Youth Action Campaign Program Structure
The IHL Youth Action Campaign encourages youth and young
adults ages 13-24 to learn about International Humanitarian Law
and empowers participants to explore IHL topics through peer-to-
peer education campaigns. As a team member for the IHL Youth
Action Campaign, you will go through a training on IHL, learn how to
build a campaign, and conduct both in-person and social media
activities to promote awareness about IHL in your communities.
Each team focuses locally but contributes to a larger movement of
IHL advocates that are educating thousands of people.
After the campaigns are complete, JROTC teams will compete to be selected to win awards and to
attend the IHL Youth Action Campaign Summer Summit at American Red Cross National
Headquarters in Washington, D.C.
International Humanitarian Law The definition of an
armed conflict:
IHL is the body of international law that governs armed conflicts.
When fighters follow these rules carefully, there is less suffering for “An armed conflict
the victims of armed conflicts. exists whenever there
is a resort to armed
• Fewer civilian deaths. force between states or
• Fewer refugees and internally displaced persons. protracted armed
• Less destruction of societal infrastructure like hospitals and violence between
schools. governmental
• A greater opportunity to rebuild after the conflict. authorities and
organized armed
IHL acknowledges the reality of war while attempting to protect lives groups or between such
and preserve humanity. groups within a state.”
promote 2
The American Red Cross
The mission of the American Red Cross is to prevent and alleviate human suffering in the
face of emergencies by mobilizing the power of volunteers and the generosity of donors.
Many people associate the American Red Cross with disaster relief, emergency
preparedness and blood donations. It often comes as a surprise that the American Red
Cross was founded as a response to the humanitarian challenges faced in war. As a
national society of the International Red Cross/Red Crescent Movement, the American Red
Cross has the mandate to educate the public about IHL. As participants of the IHL Youth
Action Campaign, you become our partners in promoting IHL and helping us to carry out
this mandate.
The Story of Clara Barton – Founder of the American Red Cross
Clara Barton was working as a recording clerk in the U.S. Patent Office in Washington, D.C. when
thethe
first units of federal troops began to appear in the city in 1861. The Civil War had just begun,
newlyand as the troops poured in, the residents in the capital were alarmed and confused. In the chaos,
Barton perceived an immediate need to provide personal assistance to the men in uniform, some
all this
of whom were already wounded.
She started by taking supplies to the young men of the Sixth Massachusetts Infantry who had
been attacked in Baltimore, Maryland, by southern sympathizers. Barton provided clothing and
assorted foods and supplies to the sick and wounded soldiers as well as personal support to the
men in hopes of keeping their spirits up. She read to them, wrote letters for them, listened to their
personal problems, and prayed with them.
Knowing that she was needed most on the battlefield, she traveled to northern Virginia in August
1862. After the battle at Cedar Mountain, she appeared at a field hospital at midnight with a
wagon-load of supplies drawn by a four-mule team. The surgeon on duty, overwhelmed by the
human disaster surrounding him, later recalled:
“I thought that night if heaven ever sent out a[n] . . . angel, she must be one—
her assistance was so timely.”
She became known as the “Angel of the Battlefield” as she risked her life to treat the sick and
wounded. Once while treating a patient, a bullet went through her sleeve. She recounted:
“I always tried . . . to succor the wounded until medical aid and supplies could come up—I
could run the risk; it made no difference to anyone if I were shot or taken prisoner.”
In 1869, Clara Barton traveled to Europe where she was introduced to the International Red
Cross/Red Crescent Movement. When the Franco-Prussian War broke out in 1870, Barton was
again called to action. Though not yet allied to the Red Cross, Clara Barton served with
International Red Cross volunteers and even fashioned a cross with a red ribbon to protect
herself with the newly recognized emblem.
Inspired by her experiences with the Red Cross in Europe, Barton traveled back to the United
States of America and formed the American Red Cross. Clara Barton served as the president
founded
the for thirteen years, working to alleviate human suffering in face of emergencies.
3
The Seven Fundamental Principles of the
Movement Humanity
Prevent human suffering wherever it is
found
The Seven Fundamental Principles of
the Movement are the values that guide
The Movement’s mission to alleviate
human suffering. As volunteers of the
American Red Cross, it is important that
we use these principles while
implementing the campaigns. We can
also practice these principles in our own
lives.
Impartiality Voluntary Service
Relieve suffering based on needs, without Voluntary participation and not for personal
discrimination gain
Neutrality Unity
Take no sides in hostilities and Only one Red Cross or Red Crescent society in
controversies each country, open to all
Independence Universality
Maintain autonomy from governments Red Cross and Red Crescent societies operate
worldwide, and all societies are equal
4
Module 2: International Humanitarian Law
As long as there have been armed conflicts there have been rules that governed armed
conflicts. As armed conflicts have evolved, so have these rules. International humanitarian
law is a set of rules that seek, for humanitarian reasons, to limit the effects of armed conflict.
IHL acknowledges the reality of armed conflict. During armed conflicts, actions that would
never be allowed in peacetime, like killing someone, suddenly become lawful. IHL attempts to
protect lives and preserve humanity when it seems like all other rules have broken down. It
protects people who are not or are no longer participating in hostilities, like civilians or the sick
and the wounded, and restricts the means and methods of warfare in order to limit certain
weapons and strategies from causing unnecessary suffering.
IHL is made up of international treaty law and customary international law. International
treaty law includes formal international agreements like the Geneva Conventions. Customary
international law is developed when a significant number of nations consistently do a certain
practice to the point that it is eventually recognized as an obligation on all nations, despite the
fact that it is not written in a formal treaty. It is similar to the way that many people in the United
States tend to walk on the right side of the sidewalk. People do this not because it is a written
law, but simply because it is a social norm that helps decrease confusion when two people are
walking towards each other. When enough nations adhere to the same practice and that
practice inspires a sense of obligation to comply with the practice, the practice becomes
accepted as customary international law.
IHL has been at the heart of the International Red Cross/Red Crescent Movement since its
inception. The Movement continues to promote IHL and educate the public about the laws of
armed conflict.
5
The Geneva Conventions
A year after the International Committee of the Red Cross was founded in Switzerland, the
first treaty that championed its ideas was signed by twelve governments in the first Geneva
Convention in 1864.
A convention is an international agreement between nations. The Geneva Convention of
1864 contained ten brief articles that protect medical personnel and wounded combatants
during armed conflicts. It took Clara Barton eighteen years to lobby the U.S. government until
President Chester Arthur signed the 1864 Geneva Convention and the Senate ratified them.
After the Geneva Convention of 1864, additional treaties in The Hague and Geneva were
developed to offer further protections applicable in armed conflicts.
The next major development in IHL occurred after the atrocities of World War II. The Geneva
Conventions of 1949 aimed to prevent the atrocities of World War II from ever occurring
again by providing the first universally accepted codification of laws that govern armed
conflicts. Every nation in the world has signed the 1949 Geneva Conventions and has
adopted them as law. These treaties became the cornerstone of modern International
Humanitarian Law. The Additional Protocols of 1977 are two additional documents that
added to the 1949 Geneva Conventions and further developed the laws that govern armed
conflict. However, unlike the 1949 Geneva Conventions, they have not been as widely
accepted. Some countries, including the United States, have not ratified them.
These are only a few of the international agreements that make up international humanitarian
law. Other treaties and customary international law contribute to a robust body of law that
protects the victims of armed conflict.
The United States of America played a key role in drafting the Geneva Conventions and has
historically promoted the adoption of international laws that govern armed conflict.
What Happens When IHL is Violated?
States must incorporate the Geneva Conventions into domestic law so violations of IHL can be
handled domestically. In the U.S., most of these cases are handled internally through military
courts.
Only grave breaches of IHL are considered war crimes, and the Geneva Conventions require that
states prosecute war crimes. If states are unwilling or unable to hold a trial for a war crime, and
have ratified the Rome Statute, the International Criminal Court could try the case. The United
States has signed but not ratified the Rome Statute, so Americans that commit war crimes are not
tried by the international Criminal Court.
6
The Four Principles of IHL
There are four principles that form the foundation upon which IHL is built. Sometimes there are
clearly right and wrong military actions, but often decisions become difficult in the fog of war.
These four principles are at the heart of IHL and guide the decisions parties to a conflict make.
The Principle of Military Necessity
Combatants can engage in military acts necessary to defeat the enemy,
provided their actions are not otherwise unlawful under IHL. If achieving a
legitimate military objective is not the purpose of their actions or if their
actions violate other provisions of IHL, then their actions do not adhere to
the Principle of Military Necessity.
Put another way, combatants cannot just attack anyone or anything for no
reason. Their actions must have a purpose and the outcome must create
a military advantage. They must make the case that the outcome will lead
to a military advantage and that the actions are legal under IHL. For
example, if during an armed conflict the enemy is just a few miles away, then destroying a
bridge to keep the enemy from crossing would probably be in alignment with the Principle of
Military Necessity. On the other hand, there is likely no military advantage to destroying a
bridge when the enemy is a thousand miles away and is in no danger of crossing it anytime
soon, or even at all. That act would be in violation of the Principle of Military Necessity.
The reason that the Principle of Military Necessity is discussed first is because if a military
action does not adhere to this principle, there is absolutely no reason to move forward with a
military action. There must be an anticipated military advantage to be gained by the action,
otherwise the military action is unlawful.
A real-life example of the Principle of Military Necessity in practice was during World War II when the U.S.
conducted its first bombing mission in Europe on July 4, 1942. The U.S. targeted German airfields, because
they were being used for military action by the German military. Even though the airfields had civilian uses
as well, the military use of the airfields determined their status as valid military targets.
The Principle of Distinction
The Principle of Distinction states that all parties to a
conflict must distinguish between civilians and
combatants and also between military objectives and
civilian objects. Combatants must also distinguish
themselves from the civilian population while engaged in
an attack.
In armed conflicts, there are three categories of people to
help distinguish who should be attacked and who should
be protected:
7
o Combatants are members of a state’s armed forces. They can legally engage in
the fighting and can be lawfully targeted. If captured, they must be treated as
Prisoners of War and cannot be criminally charged for their lawful military
actions. Combatants are required to distinguish themselves from civilians, for
example, by wearing uniforms.
Sometimes there are people who choose to fight, but who do not have the legal
authority to engage in armed conflict. These are often armed groups that are not
associated with a government, and in fact often fight government. These people
are not considered combatants, because their actions are not legal. How to
classify them can get very complicated, so for our purposes, we’ll stick with
these three categories of people.
o Non-combatants are members of armed forces who are medical personnel
and chaplains. They may not engage in the fighting and cannot be intentionally
targeted. If captured, they must be returned to their side unless they stay to
attend to the Prisoners of War from their own countries. The word chaplain as
used in IHL applies to all religions.
o Civilians include everyone else. In fact, everyone must be assumed to be a
civilian, unless there is evidence otherwise. Civilians cannot be directly targeted
by parties to a conflict. If civilians participate in an armed conflict, such as
participating in a rebel group, they lose their protections as civilians for such time
as they directly participate in hostilities.
IHL also divides objects into classes:
o Military Objectives are objects which by their “nature, location, purpose, or
use make an effective contribution to military action and whose total or
partial destruction, capture or neutralization, in the circumstances ruling at
the time, offers a definite military advantage.”
o Civilian Objects are all objects unless they are distinctly military objectives.
When parties to a conflict conduct an attack, they must distinguish between civilians and
combatants and civilian objects and military objectives. Only combatants and military objectives
may be deliberately attacked. To use indiscriminate weapons or strategies that cannot
distinguish between the status of people or objects is strictly prohibited under IHL.
In 2015, trucks driving oil for ISIS were determined to be valid military objectives by the U.S. However,
the drivers of the trucks were civilians, so the U.S. was challenged to destroy the trucks while complying
with the principle of distinction and sparing the civilian drivers. The U.S. decided to release leaflets over
the moving trucks that essentially said, “Get out of your trucks and run away from them.” This warning
,
allowed the truck drivers to get away from their trucks before they were attack. This way the U.S. could
direct their attack only on the military objectives while protecting the civilian drivers, thereby abiding by
the Principle of Distinction.
8The Principle of Proportionality
Combatants must not engage in an attack where the anticipated loss of
civilian life, injury to civilians, or damage to civilian objects is excessive
in relation to the direct and concrete military advantage that is
anticipated by conducting the attack. Even though civilians cannot be
targeted purposefully, IHL recognizes that civilians and civilian objects
may be inadvertently harmed. This is often referred to as collateral
damage. Parties to a conflict are obligated to take measures to
minimize collateral damage.
The Principle of Proportionality requires parties to a conflict to consider if the collateral damage
expected to be caused by a military attack is excessive in relation to the anticipated military
advantage. Proportionality is one of the hardest principles to understand and apply because it
is a judgement call. There is no recognized metric of the worth of a military advantage in
relation to the loss of civilian lives and property.
The Principle of Proportionality is put into practice every day during the current conflict in Afghanistan. For
example, US commanders are told that they cannot bomb a place if the commander believes that there will
be even one civilian casualty. This is part of the US Secretary of Defense zero-civilian casualty policy for the
conflict in Afghanistan. The policy isn’t because the law says there must be zero incidental loss of civilian life,
but rather because the Secretary of Defense has determined that at this point in the conflict, it isn’t
proportional to have incidental loss of civilian life and that the US can find ways to accomplish the mission
without the loss of civilian life. In other words, by this policy he has made the proportionality decision that
obtaining a military objective in this conflict is not proportional to the loss of life for even one civilian.
The Principle of Limiting Unnecessary Suffering
The Principle of Limiting Unnecessary Suffering prohibits means
and methods of warfare that would cause unnecessary suffering to
combatants or civilians. Means of warfare include tools or
weapons used to carry out military attacks. Methods of warfare are
the strategies and tactics used when carrying out an attack. This
principle recognizes that in armed conflicts a certain amount of
suffering will necessarily take place. The idea behind this principle
is that the means and methods of warfare should not be designed
to cause more suffering than necessary to accomplish military
goals.
For example, to shoot a combatant with a normal bullet will cause suffering and maybe even
death. While unfortunate, this is permissible under IHL. However, to shoot a combatant with a
bullet that is designed to break apart into tiny fragments that are impossible for medical
personnel to remove just so that the person will suffer in pain for years, is impermissible. If the
only reason to use this type of bullet is to make people suffer more than if they were shot with a
regular bullet, then it violates the Principle of Limiting Unnecessary Suffering.
Parties to a conflict should uphold the Principle of Limiting Unnecessary Suffering by conducting
reviews of their methods and means of warfare.
9A real-life example of the Principle of Limiting Unnecessary Suffering can be seen in the treaty to ban
chemical weapons. Chemical weapons, including poisonous gas, had been used in warfare starting in
World War I and continued to be used through the Iran-Iraq conflict in the 1980s. These weapons caused
a great deal of long-term suffering without increasing military advantage. States joined together and
agreed to no longer develop or use this means of warfare and to destroy existing stockpiles of these
weapons.
Feasible Precautions
The four principles of IHL are implemented by taking feasible precautions to avoid violating
IHL during military operations. To be feasible, precautions must be practicable considering
the circumstances ruling at the time.
Precautions when conducting an attack may require that the attacker consider:
1. Cancelling an attack when it is clear the attack will result in a violation of IHL.
2. Choice of military objectives to attack — the objective that results in the least
danger to civilians should be chosen.
3. Timing of the attack.
4. Type of weapons used to carry out the attack.
Precautions against the effects of an attack may require that the attacker consider:
1. Removing the civilian population and civilian objects from the vicinity of military objectives.
2. Avoiding placing military objectives near or within densely populated areas.
3. Conducting certain attacks at night to reduce casualties.
4. Publishing a warning of an impending attack via social media or SMS to residents of the
target zone.
Module 3: Preservation of Cultural Property
In armed conflicts around the world, cultural property is threatened. Both human-made and natural
objects that are vitally important to peoples' and communities' cultural heritage are being destroyed.
This year, the IHL Youth Action Campaign will raise awareness about the harm caused to cultural
property around the world during armed conflicts and promote the laws of war that protect them.
10Cultural Property Threatened
Video: https://www.youtube.com/watch?v=vHEm2Ub57wo
This video shows a variety of examples of culturally important objects that have been destroyed during
armed conflict. The video displays the destruction of Bamiyan Buddhas in Afghanistan, shrines in
Timbuktu, Mali and the Monastery in Monte Cassino, Italy during the second World War. All three cases
were devastating losses for the culture to which they belonged to, and their importance to those people,
as well as the rest of the world as we can no longer visit these objects in their historical context and
admire their beauty.
Trigger warning: contents of this video include scenes of explosions and images of violence in armed
conflict.
What is Cultural Property?
Cultural Property: Any movable or immovable property of great
importance to the cultural heritage of a people such as monuments
of architecture or history, archaeological sites, works of art, books
or any building whose main and effective purpose is to contain
cultural property.
According to the United Nations Educational, Scientific and Cultural
Organization (more commonly known as UNESCO), cultural
property "reflects the life of the community, its history and its
identity. Its preservation helps to rebuild broken communities, re-
establish their identities, and link their past with their present and
future.”
IHL defines cultural property as, "any moveable or immovable
property of great importance to the cultural heritage of every
people."1 We will break down these three factors in the next few
slides.
Moveable or Immoveable
Moveable cultural property is an object of great
cultural importance that an individual or group can
transfer from one location to another. Moveable
cultural property can be artifacts, works of art,
books and manuscripts.
For example, The Mona Lisa, in the Louvre
in Paris, is of both great importance and
can be moveable. As well as, The
Declaration of Independence and the
1 http://www.unesco.org/culture/pdf/action_normative/faq_en_14dec2009.pdf
11Constitution are two pieces of moveable cultural property located in Washington, DC.
Can you think of some other examples?
Immovable cultural property is an object of great cultural importance that an individual or group
cannot transfer from one location to another.
There are a number of categories of immovable objects of great importance, as listed above.
These categories can be human made, such as
• Land monuments like Mt. Rushmore, USA and the Great Wall of China,
• Archeological sites, think Stonehenge in England, and the Mayan ruins of Chichen Itza in
Mexico,
• Historical areas like Arlington National Cemetery, in Virginia
• And the natural world, such as Niagara Falls, Yellowstone National Park and the Grand
Canyon all located in different areas of the US.
Can you think of some other examples?
What is "...of Great Importance"?
An object being of "great cultural importance" is paramount to its classification as cultural property
protected under IHL.
According to the 1954 Hague Convention on Cultural Property in the Event of Armed Conflict, the
leading international treaty authority on the subject, "an object is of great importance to the cultural
heritage of every people, such as monuments of architecture or history, whether religious or secular;
archeological sites; groups of buildings, which, as a whole, are of historical or artistic interest; works
of art; manuscripts, books, and other objects of artistic, historical interest; as well as scientific
collections and important collections of books or archives or of reproductions of the property defined
above."
This is a very broad definition of what can be classified as an object of great importance. One helpful
way to determine whether an object is of great importance to a state's cultural heritage is its
classification as a UNESCO World Heritage site. Currently, there are 167 countries that are a "state
party" to the World Heritage Convention, a prerequisite for cultural property being on the World
Heritage list of sites. And there are 1,121 sites on that list. There are 10 criteria for an object to be
considered for World Heritage site status, which include "being a masterpiece of human creative
genius" or "areas of exceptional natural beauty."
12While this is not an exhaustive list of what is considered objects of great importance to a people's
cultural heritage, it can be very helpful when determining what can or cannot be targeted during
armed conflict. 2
Let's think about what might be considered an
object of cultural property. How about
considering two different statues? First, the
statue on the left, which is named
"Motherland" and was gifted to the American
Red Cross by the Armenian people in
commemoration of the relief services that the
American Red Cross provided to Armenia after
a devastating earthquake in 1988. It features a
mother shielding her child. The other statue
you may recognize on the right is the Statue of
Liberty, which is listed as a World Heritage
Site by UNESCO. Which of these statues
would be considered an object of cultural
property, thus protected for being cultural
property from attack during armed conflict?
The answer is the Statue of Liberty. It would be protected from attack during armed conflict because it
is cultural property. The Motherland would also be protected but as a civilian object, under the 4th
Geneva Convention of 1949 and the Additional Protocols, but would likely not be considered cultural
property.
Can you think of other examples of cultural property? How about Independence Hall in Philadelphia?
What about the 100-year-old movie theatre in your town?
Law & Cultural Property
IHL works to protect cultural property and therefore protecting humanity from the damages of armed
conflict. Treaties, such as the one on cultural property, create the laws that protect cultural property.
IHL also ensures this protection occurs. IHL requires countries to instruct their armed forces on the
law that applies during armed conflict. Countries train their soldiers to adhere to these norms thereby
ensuring the protection of cultural property.
Another mode of ensuring the protection of cultural property is using the blue shield emblem. The
blue shield emblem acts as a warning sign of fighters in an armed conflict that an object or objects
has been identified as protected cultural property and should not be intentionally targeted or used for
military purposes of any reason.
Lastly, the countries have a way to enforce the law that protects cultural property and holds
individuals accountable when cultural property is illegally damaged or destroyed. People who violate
the law can face both criminal, resulting in prison, and civil penalties, that result in fines.
We will explore each of these in the upcoming slides.
2 https://www.cnbc.com/2021/04/27/unesco-world-heritage-list-what-it-takes-to-make-and-lose-site-status.html
13Protect: As we discussed in module 2, International Humanitarian
Law is made up of both treaty law and customary law. Customary
international humanitarian law is created when countries follow a
certain practice for enough time that they and other countries start
treating the practice as law to the point where they rely on it as law.
Customary international law can fill the gaps in law until a treaty is
adopted. A good example to use to understand customary law is
walking down the sidewalk. While there is written law on which side
of the road cars must drive, there is no rule about which side of the
sidewalk people must walk. Yet, in countries where people drive on
the right side of the road, they also expect people to walk on the right
side of a sidewalk. In countries where people drive on the left side of
the road, people expect people to walk on the left side of a sidewalk. There isn’t a law that says this,
but most people do it to the point where people treat it like a law and can get frustrated and angry if
others don’t follow this unwritten rule. The problem with customary law is that one country may
believe something is customary law, while another country doesn’t think that it is.
Treaty law is much clearer. Treaties often come about as a way to write down and document
customary law so that all countries can be clear on what the law is. Treaties carry greater authority as
they are written and formally agreed to by countries. A convention, or a treaty, is an international
agreement between nations. There are five treaties that protect cultural property. The most specific
treaty that protects cultural property in armed conflict is the 1954 Hague Convention on the Protection
of Cultural Property in the Event of Armed Conflict. As of 2018 this treaty has been ratified by 133
States, all of whom have agreed that cultural property cannot be intentionally targeted during armed
conflict. This treaty will be particularly useful as you design your campaigns as it has lots of
information for you to draw on.
The 4th Geneva Convention of 1949 protects civilian objects, which also includes cultural property.
Additionally, Articles 53 & 16 of the 1977 Additional Protocol I & II to the Geneva Conventions,
specifically reference the 1954 Hague conventions as prohibiting the targeting of cultural sites and
objects during armed conflict.
There is also a Second Additional Protocol to the 1954 Convention that came out in 1999, which
replaced "special protection" with “enhanced protection.” While some aspects of special protection
and enhanced protection are the same, others are different. It might be a good team even to identify
the differences and ask people to think about what they mean and why countries believed an update
was necessary.
One thing that the 1999 Second Additional Protocol did was to state that Cultural property of the
greatest importance for humanity can be placed under enhanced protection. Enhanced protection is
granted from the moment of entry in the List of Cultural Property Under Enhanced Protection.3
3 https://www.icrc.org/en/war-and-law/treaties-customary-law/customary-law
14Ensure: Protection of cultural property is ensured through
education and training. For example, the US military trains its
troops on the rules and laws of war, specifically discussing in
certain cases the protection of cultural property. (An example of
training is here if students are interested
https://denix.osd.mil/cr/lrmp/factsheets/reports-and-other-
products/product-catalog-for-cultural-property-protection-
planning-and-training-legacy-09-324/. This link can also help
students form possible campaign ideas).
One way countries help soldiers to know what is protected cultural property is by the Blue Shield
emblem. The "distinctive Blue Shield emblem" is described in Article 16 of the 1952 Hague
Convention. The pictures here show how the blue shield emblem can be affixed to cultural property.
The Blue Shield is the cultural property equivalent of the Red Cross. It also is the emblem specified in
the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict for
marking protected cultural property. As you can see, there are two different types of blue shield
emblems, and you might be wondering if they mean anything different. Both provide protection but
the blue shield with the red border provides greater protection or ‘enhanced protection.’
The Second Protocol (1999) defines Enhanced Protection for “cultural property of the greatest
importance to humanity”. This protection regime provides an even higher level of protection, but only
if all sides in the conflict are party to the Second Protocol. Sites that are registered for Enhanced
Protection are listed on UNESCO’s website. For sites that have enhanced protection the blue shield
with a red border is used; this can be seen in the picture on the right.
15Enforce: The Rome Statute is the treaty that
established the International Criminal Court (ICC),
one of the main ways in which violators of
international law are held accountable. This includes
people, groups, or countries who violate International
Humanitarian Law and the laws protecting cultural
property. The Rome Statute has only been in effect
since 2002 and international justice is a slow
process.
You may be wondering if there are there any examples of accountability for crimes against cultural
property.
Yes! There is one prominent case from September 2016, when the ICC found that Ahmed Al Faqi Al Mahdi
of Mali, guilty of committing a war crime. The judges found that he deliberately targeted Timbuktu, a
World Heritage Site, which is protected cultural property. The court sentenced Mr. Al Mahdi to "nine
years in prison for committing a war crime by deliberately destroying nine mausoleums and the secret
gate of the Sidi Yahia Mosque" in 2012 in Timbuktu.
The ICC is not the only court that can punish individuals for violating the protection of cultural property
during armed conflict. Many domestic and military courts punish those who illegally damage or
destroy cultural property. In the United States, the Uniform Code of Military Justice (UCMJ), allows
soldiers to be prosecuted for theft or destruction of cultural property.
16Case Studies
Now that we have learned about how to define cultural property, let’s apply IHL and what we have
learned about cultural property in these real-world case studies.
I. Bamiyan Buddhas, Afghanistan
Two 6th-century monumental statues of Gautama Buddha carved into the side of a cliff in the
Bamiyan Valley in region of central Afghanistan. Built in 507 CE (smaller) and 554 CE (larger), they
were respectively 115 ft and 174 ft tall. In July 1999, Mullah Mohammed Omar issued a decree to
preserve the Bamiyan Buddha statues. Because Afghanistan's Buddhist population no longer exists,
and the statues were no longer worshipped, he added: "The government considers the Bamiyan
statues as an example of a potential major source of income for Afghanistan from international
visitors. However, in February 2001, the Taliban publicly stated that they intended to destroy the
statues. This resulted in an outcry of international horror and protest, but in March 2001, the statues
were destroyed by dynamite.
Questions for reflection:
• Would this be an example of moveable or immoveable objects?
• Would you classify the Bamiyan Buddhas as something of great importance? Why?
• Could the Bamiyan Buddhas be intentionally targeted during an armed conflict?
• Should these statues have been considered cultural property? Does it matter that the Afghan
government saw these as tourist attractions that could be used to generate income? Is there
any obligation of the country to preserve these statues even though the Afghan Buddhist
population no longer exists?
17II. Monastery on Monte Cassino, Italy
This monastery/abbey was a national monument in Italy with a history dating back hundreds of years.
During the Battle of Monte Cassino in World War II, the Abbey was heavily damaged. Prior to the
battle, the German military had established a 100-mile-long defensive line, known as the “Gustav
Line.” The defensive line was meant to block Allied troops from advancing northwards, including the
area of the monastery, which helped strategically block the pathway to Rome, an important strategic
objective in the Allied campaign. However, the abbey itself was not initially used by German troops
as part of their fortifications, partly because the local German commander was concerned for the
monastery's cultural significance.
On February 15, 1944, the abbey was almost completely destroyed in a series of bombings by Allied
forces. The bombing was conducted because reports from the Allied forces on the ground suggested
that Germans were occupying the monastery, using it as a key observational post by German troops.
However, during the actual bombings no German military forces were present in the abbey. Following
the battle, it was determined that the only people killed in the monastery bombing were 230 Italian
civilians who were seeking refuge in the monastery. Following the bombing, the ruins of the
monastery were occupied by German soldiers who took advantage of the excellent defensive cover
provided by the ruins.
Questions for reflection
• Prior to reports that the German military was occupying the site, was the monastery a valid
military target? Does the fact that it was situated along the "Gustav Line" make any
difference? What about after Allied forces reported that German soldiers were occupying the
site and using it as an observation post?
• Was there military necessity to target the monastery?
• Was it appropriate to destroy or heavily damage the entire monastery in the attack? What
about the civilians who were killed during the bombing?
This case study is a good example of the difficulty of applying what may otherwise seem like simple
rules. The rules can be simple, but sometimes the application of them can be very hard.
18III. USS Arizona Memorial, Pearl Harbor, Hawaii
The USS Arizona (BB-39) was a Pennsylvania class of "super-dreadnought" battleships built for the
US Navy in the mid-1910s. On December 1941, the USS Arizona was an active Navy warship in
service as part of the Pacific Fleet at Pearl Harbor Naval Base, Hawaii. On the morning of December
7th, the Arizona was targeted by Japanese bombers during a surprise attack on the Pearl Harbor
Naval Base. The Arizona was hit by armor
piercing bombs, which hit the ship’s magazine,
causing it to violently explode and sink. The
attack resulted in the loss of 1,177 officers and
crewmen aboard the Arizona. Today the wreck
still lies at the bottom of Pearl Harbor. In the
years following the war, a memorial to the Arizona
and the Pearl Harbor attack was erected over top
of the sunken ship, seen in the picture on the
right. The memorial has become a major tourist
attraction and exists as an iconic testament to the
lives lost in the attack.
Questions for reflection
• What do you think might happen to this memorial if there was a future conflict? Could it be
targeted? Why or why not?
• Would your thinking change if the US Navy stationed an active observation post at the
memorial?
• What impact, if any, does the fact that this memorial is a popular tourist location have on
whether the memorial qualifies as cultural property? (Think back to the Buddhas if applicable)
19IV. Abdul-Asis al-Samarrai Mosque, Fallujah, Iraq
This Islamic mosque is located in Fallujah, Iraq and came
into the international spotlight during the 2003 Iraq War.
During the conflict, Sunni militants occupied the mosque
and directed small-arms and rocket fire at US Marines.
The US forces then returned the fire and intentionally
dropped a bomb on the mosque. According to the
Marines’ commander, the mosque had lost its protected
status, clearing the way for their attack. The Marine
commander also stated that reconnaissance photos
taken after the bombing showed that the mosque
structure was not damaged. Sources vary on how many
rebels were killed from the attack, initially starting at forty,
then changing to no bodies being found at the scene,
with other sources claiming as many as 50 militants killed. Some other local sources also claimed that
the strike came as worshippers had gathered for afternoon prayers.
Questions for reflection
• According to Cultural Property law, did this mosque lose its protected status due to the attacks
from inside the building?
• Does it matter that the bombing apparently did not destroy or damage the mosque?
• What other possible violations of IHL principles are seen in the scenario?
• What potential implications does the legality of this attack have on future conflicts, particularly in
areas of high religiosity?
• If the mosque was a protected historical site, should the US Marines be using it as a place to rest
as they are in the photo? By doing so, does their actions place the mosque at risk of being legally
attacked by the other side?
Check out this Podcast!
ICRC collaborates with the Smithsonian to help understand legal protections of cultural property:
https://soundcloud.com/user-940374434/cultural-properties-smithsonian
The link on this slide directs us to a SoundCloud page with a podcast from the ICRC, specifically about IHL
and cultural property. As you listen, we will hear the world's foremost experts provide a legal definition of
cultural property and how it is and should be protected.
When listening, think about some of the themes and case studies we have examined here. Are the
properties moveable or immoveable? How do we define an object of great importance to cultural
heritage? How do we enforce the rules of protecting cultural property?
20Activity: Find an example yourself!
• Now that you have learned the definition of cultural property, why do you think it is so important
that it is preserved?
• Can you think of some examples?
• Think about objects that are of great cultural importance that you may have learned about in
other contexts or even visited, either as a tourist or otherwise. Are those objects moveable or
immovable?
• Have they been destroyed?
• Why are those objects of great cultural importance and therefore protected? Is it a UNESCO
approved World Heritage Site? If not, is it legal to target that site should a state of armed
conflict exist in the territory where the object is located?
How does the Red Cross and Red Crescent Movement Protect Cultural Property?
The Red Cross and Red Crescent is one movement that views protecting cultural property as a
priority in humanitarian crisis. The Movement is made up of three parts, the International Committee
of the Red Cross (ICRC), National Societies (like the American Red Cross), and the International
Federation of the Red Cross (IFRC). Each part of the Movement responds to cultural property-related
humanitarian needs according to their areas of expertise within the Movement’s mission.
The ICRC focuses on a global scale specifically during times of armed conflict. They work to ensure
that States uphold their commitments to protecting cultural property during armed conflict where they
assist and collaborate with other likeminded organizations such as UNESCO to promote the
protection of cultural property during these times. (See here for more notes:
https://www.icrc.org/en/document/icrc-and-unesco-brought-together-15-countries-asia-and-pacific-
advance-protection-cultural) and (https://www.icrc.org/en/document/cairo-declaration-protection-
cultural-property)
The IFRC also works to protect cultural property during times of disaster. They prepare by developing
strategies, trainings and educational materials on how to salvage cultural property. These strategies
can also be applied during armed conflict and is not only applicable to times of natural disasters.
You, as a volunteer of the American Red Cross, are a contributor to the efforts of National Societies.
The National Societies work to ensure that the laws protecting cultural property are adhered to. They
also work to educate the public on these protections. Combined, these illustrate that the cultures of
the world are something worth protecting and that the international community values protecting
specific objects and places to preserve history and cultural importance.
21Why is it important?
The protection of cultural property is vital to the
preservation of both important pieces of history, specific
to certain cultures, and also our common history and
shared humanity. The Statute of Liberty is both a symbol
vital to the United States' story and identity but is also the
first symbol that immigrants saw as they made their way
to Ellis Island. The Great Pyramids of Giza are vital to
Egypt's identity, but are also an architectural symbol of
one of the world's first great civilizations. Additionally,
these sites provide much needed support to economies,
developed and developing alike.
Destruction of cultural property is final. While, objects
potentially can be rebuilt, it will likely not have the same
meaning and historical value.
It is vital that we have rules to protect these pieces of cultural heritage, and that we ensure that the
rules are followed and enforced around the world.
This is where you all as Advocates have a role in educating others and raising awareness about the
importance of preserving cultural property.
22Module 4: Build Your IHL Campaign
What is a campaign?
A campaign is an organized course of action to reach a
particular goal.
What is the goal of the IHL YAC?
To raise awareness in your communities about the rules of war
and special theme for the year.
Roles and Responsibilities
Campaign organizers must understand their responsibility as disseminators of knowledge. It is
important to take your role seriously by following the Seven Fundamental Principles of the Red Cross
Movement and by using accurate information.
The Team
JROTC Cadets will form teams to compete to create the best campaign and have the greatest
impact. Your role as a Team Member for the IHL Youth Action Campaign is to educate your
community about a special theme within IHL. Find creative ways to engage your peers in discourse
about IHL through educational in-person and social media activities.
The Coach
The Coach is the JROTC Instructor, parent, or volunteer who will guide you through the training and
help you to implement your IHL Campaign.
Campaign Activities Best Practices
Adapt to your Local Context
Think about the community you are seeking to educate and remember to use the tools,
strategies, and language that makes sense for your audience. For example, don’t use Facebook
if all your friends are on Instagram; don’t do a large simulation after school if you know that your
peers tend to have sports practice and won’t be around; and don’t use legal language during
your campaign that no one will understand. Be aware of the reality of your community and plan
accordingly.
Utilize Multiple Strategies
The best campaigns use multiple methods to reach the same goals. One tactic won’t work for
everyone in your community, and the more exposure you can give your target population to the
topic, the more they will retain the message. Using multiple strategies will also help you to
determine what tactics work best for your population.
Avoid Oversimplifying or Overcomplicating your Message
Sometimes oversimplifying a message can lead to misconceptions or stereotypes. For
example, if you use images of people from a single armed conflict, you might unintentionally
reinforce a bias that this kind of violence only occurs with one group of people.
It is also important not to over-complicate your message at the risk of people misunderstanding
your campaign or simply ignoring it. For example, providing youth with a 20-page paper from the
ICRC website may cause your peers to quickly lose interest and forget the topic.
23Strategy 1: In-person Activities
In-person activities offer the opportunity to educate your peers about International Humanitarian
Law through creative and engaging projects. The in-person activity must include a component
of participation. It can’t just be an art display or a video screening; invite peers to join in an
activity or conversation. It further needs to track how many people are participating and measure
the success of the campaign.
Some examples of in-person activities include:
1. Conduct a scavenger hunt
2. Design a simulation
3. Write a play with audience participation
4. Create an art piece that invites others to contribute
5. Design a board game
6. Conduct a school survey
7. Host a Spoken Word/Open mike night
8. Create a presentation with questions for classrooms
9. Host a movie screening and discussion
Marketing Events
Create a Marketing Timeline: For large events, you will need to begin marketing one month in
advance. Start with regular messaging and pick up the consistency as the day gets closer.
Build your Brand: A name and image for your campaign will go a long way. If you create posters,
ensure the style and theme are consistent. Design engaging content, using emotional appeals and
personal stories can be particularly powerful.
RSVPs: RSVPs can be very useful in allowing you to track if you are reaching your numerical goals.
If you are one week out from the event and you only have a few RSVPs, you may need to step up
your marketing game.
Use Existing Networks: Reaching large numbers will be easier if you can use existing networks. Ask
to have a timeslot at an assembly, or partner with another large event. Work with like-minded
organizations and clubs to put something together. You could even partner with other Red Cross
activities, like a blood drive or preparedness course to reach more people. Further, word of mouth is
the best way to get people to show up. Use your personal networks to spread the word and don’t be
shy to be persistent with your messaging!
Offer Incentives: Offering incentives can be a good way to encourage participation, but you have to
be careful about the way this comes off. For example, you don’t want to cheapen the purpose of the
campaign by posting flyers that feature pizza, while putting the topic of your campaign in the corner. A
good example of using an incentive could be asking a teacher/professor to offer extra credit for
attending an event.
Utilize the 40/60 Rule: Marketing is hard work! Ideally, 40% of your time should be spent on content
creation for the event and 60% on marketing. Getting people in the door is incredibly important. No
matter how great your program is, it won’t do much good if no one shows up. You could even
designate members of your team to just focus on marketing.
24Strategy 2: Social Media Activities
Your social media activities can reach large audiences and quickly raise awareness about
International Humanitarian Law. Social media is most effective when it has a call to action, or it
invites the participation of the viewer. However, not all people who see your message will want to
engage with the topic. It is, therefore, important to reach large numbers because only a small
percentage will be inspired to act. This is why as a team you will count both the views and
engagements of your social media reach.
▪ View: A view is defined as receiving and acknowledging a post and/or taking some low
level of action.
▪ Engagements: A social media engagement is more than just a view. An engagement is
defined as seeing a post and demonstrating active participation in IHL discourse.
Ways to engage peers through social media activities:
1. Ask a question to your peers on an IHL topic
2. Ask friends to take a survey on a topic
3. Post a video or image and ask peers how the video or image made them feel
4. Shares of content
5. Get your peers to follow the ICRC’s social media accounts
25You can also read
