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AI's Policy on Armed Conflicts and Weapons of Warfare Tokio Sugita 1. AI's Current Policy on the issue of violence or peaceMember of the Standing Committee on the Mandate Amnesty International "Amnesty International takes no moral stand on the issue of violence. It sometimes seems to be thought that Amnesty International, as an organization, is opposed to the use of violence in any circumstances. This is not so. Amnesty International's position is entirely impartial." (Amnesty International and the use of violence) "The organization takes no position on issues that fall outside the mandate. It therefore takes no position on various proposals for disarmament or other suggestions for the protection of peace. Amnesty International takes no position in principle on whether or in what circumstances it would be legitimate to resort to violence as a means to political ends. It neither opposes nor supports military defense by or armed struggle against established governments, nor is it a pacifist organization."(Amnesty International and peace issues an explanatory note) 2. AI's Policy on killings in Armed Conflicts before the 1995 ICM AI opposes and condemns extrajudicial executions by governments or deliberate and arbitrary killings by NGEs(Armed Opposition Groups). Both sets of killing have common elements of all of which must be present. These elements are: A. political (killings carried out on the authority of a government or a political NGE) B. deliberate or intentional (killings that a government or an NGE wanted to happen) C. targeted (killings resulting from a policy of targeting specific individuals or groupings or categories of individuals) D. unlawful or arbitrary (killings which violate or do not find justification in international law, normally in national laws as well) 3. AI's Current Policy on killings in Armed Conflicts or Deployment of Armed Forces A. DECIDES that AI should oppose killings that are both "deliberate" (targeted) and "unlawful" (arbitrary) as well as "indiscriminate killings" as indiscriminate in a strict sense, that is when no attempt is made to distinguish between lawful and unlawful targets (Decision 12 of the 1995 ICM) B. DECIDES that, in addition to killing resulting from indiscriminate attacks in a strict sense, AI will oppose killings resulting from disproportionate attacks, that is attacks - whether by governments forces or by non-governmental entities - expected to cause incidental loss of civilian life which would be excessive in relation to the concrete and direct military advantage anticipated; CONFIRMS that AI may also take action against indiscriminate (in a strict sense) or disproportionate attacks even when they cause injury or threaten civilian life but do not result in deaths. FURTHER DECIDES that AI will continue to be guided by international humanitarian law standards in addressing this issue. (Decision 9 of the 1997 ICM) C. REAFFIRMS that AI neither supports nor opposes, in any manner whatsoever, the deployment or use of armed forces, including armed peace-keeping troops, by the UN, other intergovernmental organizations or individual states, to prevent or end human rights violations and human rights abuses or for any other purpose; URGES the IEC to strengthen preventive research and action in regions or countries where mass human rights violations and armed conflicts are imminent.(Decision 14 of the 1995 ICM) 4. NATO Bombings in Kosovo and in other parts of the Federal Republic of Yugoslavia 1. March 28; Representatives of an Austrian aid agency operating in Yugoslavia reported that at least 9 Serve refugees from Bosnia and Croatia had been killed. Eight of these were housed in a disused army barracks. The other was in a refugee center close to the police station in Pristina. Their deaths occurred in the context of NATO air attacks on nearby military installations (a warehouse and the police station). 2. April 5; At least five civilians were reported to have been killed in the town of Aleksinac in central Serbia when a bomb hit a residential area. NATO announced that a bomb aimed at a nearby barracks had malfunctioned and missed its target. 3. April 7; Yugoslav media have reported that a NATO attack on Pristina caused at least 10 civilians deaths and extensive damage to civilian houses and apartment buildings. NATO has admitted that the damage was caused by a bomb that failed to hit its target. 4. April 12, 1999; Train carrying civilian passengers in southern Fry was twice hit by missiles launched by an aircraft under the command of NATO. At least 10 civilian passengers were killed as a result. 5. April 23; The headquarters of Servian state television in Belgrade was attacked and upto 15 people, all of them apparently civilians, are said to have been killed. Jean Pierre Kelche, French armed forces Chief General, is reported to have said at a press conference on April 8 "We are going to bust their transmitters and their relay stations. We are not aiming at journalists." [MY OPINION] These attacks by NATO Force can be indiscriminate attacks upon civilians or civilian cites. 5. AI' Current Policy regarding Weapons of Warfare DECIDES that AI can oppose the manufacture, transfer and use worldwide of indiscriminate weapons of warfare. The implementation of this decision will include the following: 1. AI will lend its support to the campaign to achieve a worldwide ban on anti-personnel mines. 2. The IEC is delegated to decide which other weapons of warfare should come within the remit of this policy, in consultation with all sections of Amnesty International, relevant NGOs and international organizations. (Decision 10 of the 1997 ICM) [MY OPINION] How can we draw the line between anti-personnel mines and other indiscriminate weapons including Atomic bombs? 6. Resolutions on Armed Conflicts and Weapons of Warfare which will be submitted to the 1999 ICM. 1. R.1.1.5 (AI Germany) Protection of Civilians in Armed Conflict DECIDES that Amnesty International opposes military operations if it is likely that due to the discernable circumstances the civilian population will be endangered or killed; [MY OPINION] Is it compatible with our policy on the issue of peace 2. R.1.1.6(AI Norway) Weapons of Warfare INSTRUCTS the IEC to clarify and justify AI's stand on weapons of warfare, including nuclear and other indiscriminate weapons. This clarification must make clear whether the stand on mines is intended as part of AI's oppositional or promotional mandate. 7. Relevant documents 1. Killings in Armed Conflicts (1995 ICM circular 22) POL 21/02/95 Based upon the report by the Standing Committee on the Mandate 2. Report of AI Intersectional Meeting on Military Intervention and AI's Role in Armed Conflicts held in Bern, June 1995 3. "Soldiers in the Name of Human Rights?" POL 21/05/95 AI Policy on Military Intervention and use of Armed Force 4. Policy Manual 1992 ORG 20/03/92 ____________________________________________________________________________________________
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