b. Consequently, this convention and the grave breach provisions of the
Geneva conventions provide seamless protection to the participants.
Inderfurth statement, supra.- Crimes enumerated in the convention include murder, ludnapping, or other
attacks on the person or premises of UN and associated personnel. - If captured, these personnel are not to be interrogated and are to be promptly
released. Pending their return, they are to be treated consistently with
principles and spirit of the Geneva Convention. - UN and associated personnel always retain their right of self-defense.
M. MOOTW AND THE TREATMENT OF CIVILIANS
A. CIVILIAN PROTECTION LAW (CPL). CPL is an "analytical template"
developed to describe the process for establishing protection for civilians across
the operational spectrum. The CPL analytical process rests on the four "tiers" of
legal authority:B. TIER 1 :Fundamental Human Rights Recognized as Binding International Law
by the United States.- APPLICATION. All civilians, regardless of their status, are entitled to first
tier protections. This first tier provides a foundation for JAs that represents
the starting point for the legal analysis involved in the protection of civilians.
Because this "core of rights" never changes, it also serves as an excellent
defaultlstart point for soldier training prior to deployment. - COMPOSITION. This tier is composed of those basic protections for
individuals amounting to fundamental rights recognized as international law.
These rights are reflected within numerous international declarations and
treaties which reflect customary international law.
a. The Restatement Standard. According to $ 702 of the Restatement of the
Foreign Relations Law of the United States, "[A] state violates
international law if, as a matter of state policy, it practices, encourages, or
condones(1) Genocide,(2)Slavery or slave trade,