has now lost its monopoly position sion of those drafted in 1994 and that addressing the topic from a
in the humanitarian sector, but its reflect current developments in in- temporal perspective rather than
protection and assistance activi- ternational law. Having said that, from the perspective of various
ties are considered an essential the 2020 Guidelines are a tool areas of international law, such as
contribution to the protection of to facilitate the implementation of international environmental law,
human dignity during conflicts.11 concrete measures, such as military the law of armed conflict and inter-
manuals and national policies, to national human rights law, would
III.References to the ILC Draft improve environmental protection make the topic more manage-
principles and ICRC Guidelines in both international and non-in- able and easier to delineate.18 The
about PERAC ternational armed conflicts.15 temporal approach adopted by
Both ILC and ICRC addressed the the ILC was discussed at the Sixth
protection of environment in armed Paragraph 2- Analysis and com- UNGA Committee and while many
conflict (PERAC). Starting with the parison between the ILC Draft States supported it, others expres-
ILC, in 2013 it decided to include principles and ICRC Guidelines sed their doubts.19 Finally, it is no-
the topic “PERAC” in its program- teworthy that draft principles about
me of work and appointed Marie I.The structure of the two docu- PERAC in situation of occupation
Jacobsson as Special Rapporteur, ments are in a different section which
a task then performed by Marja ILC Draft principles and ICRC Gui- deviates respect to the temporal
Lehto since 2017. Between 2014 delines have different structures approach. The reason stems from
and 2019 the Special Rapporteurs that reflect different approaches. the fact that situations of occupa-
submitted five reports about PERAC Starting from ILC work, it follows the tion may be sometimes similar to
that were analyzed by ILC and Sta- specific approach that protection is active hostilities and other times
tes provided comments in the Six- to be “in relation to” armed confli- to post-conflict situations. Anyway,
th UNGA Committee. In 2019 the ct, and not just “in” armed conflict. the draft principles commentary
ILC adopted on first reading a set Indeed, the two Special Rappor- specifies that principles of the other
of draft principles on PERAC and teurs were able to cover all three sections apply mutatis mutandis
transmitted them to governmen- phases of armed conflict (before, also to situations of occupation.20
ts and international organizations during and after) without clear-cut Moving to the ICRC work, the Gui-
for comments, with the request that boundaries between the various delines have a different structure
these be submitted by 1 December phases.16 For this reason, the ILC and were divided into four parts.
2020, in view of their final adop- divided the draft principles about The first part deals with the specific
tion (probably in 2022).12 Current- PERAC in five sections. First part, protection of the natural environ-
ly, the deadline to submit com- entitled “Introduction” contains ment under IHL, the second part
ments has been extended until 30 draft principles on the scope and with the general protection of the
June 2021. Moving to the ICRC, in purpose of the draft principles. Part natural environment under IHL,
1994 it drew up the Guidelines for Two concerns guidance on the pro- the third part with the protection
Military Manuals and Instructions tection of the environment before of the natural environment under
about PERAC upon request of the the outbreak of an armed conflict specific weapons standards and
UN General Assembly.13 The latter but also contains draft principles of the fourth part with the respect,
was concerned that the norms of a more general nature that are of implementation and dissemination
international law prohibiting the relevance for more than one tem- of humanitarian law standards
destruction of the natural environ- poral phase. Part Three pertains to for the protection of the environ-
ment were not sufficiently dissemi- the protection of the environment ment. Furthermore, the four parts
nated and enforced.14 Despite this, during armed conflict while Part are divided in sections containing
the various environmental dama- Four concerns the protection of the rules. Unlike the 1994 Guidelines,
ges caused during recent wars led environment in situations of occu- the 2020 version has not only ru-
the ICRC to draft the Guidelines pation. Finally, Part Five contains les, but also commentaries, exam-
on the Protection of the Natural draft principles relative to the pro- ples and recommendations. In this
Environment in Armed Conflict in tection of the environment after an respect, commentaries on indivi-
2020. These are an updated ver- armed conflict.17 It was considered dual rules offer important added
51
INTERNSHIP RESEARCH RESULTS
value, as they explain concepts, a particular instrument. Thus, the vironment”, while those that apply
clarify historical contexts, indicate term “environment” has no ge- before and after conflict use the
whether a rule is generally accep- nerally accepted meaning in in- term “environment”. ILC will solve
ted or not, and possibly provide ternational law and its definitions the terminology issue in the second
further interpretations. An exam- often vary in both scope and con- reading (2021) and it is hoped that
ple is the humanitarian law rule tent. It is also an elusive concept will include a definition of environ-
prohibiting widespread, long-term as it changes and adapts to new ment in the final text and will opt
and severe damage to the natu- discoveries concerning its elemen- for the broader concept of “envi-
ral environment. While this rule is ts and their mutual relations. This ronment”, ensuring a wider pro-
mentioned without explanation or means that the concept of “envi- tection. Moreover, already in her
interpretation in the 1994 Guide- ronment” cannot remain static in second report, Special Rapporteur
lines, 21 those of 2020 provide a time, but is bound to evolve as a M. Jacobsson had recognized the
very careful description of how this result of new human knowledge civil character of the environment
provision should be interpreted.22 and environmental development. and this is reflected in the draft
In addition, alongside the theore- 26 Taking into account the ILC Draft principle 1 that was initially pro-
tical explanation of the rules, the principles and the ICRC 2020 posed.30 Moving to the 2020 Gui-
updated 2020 version includes Guidelines, it is possible to note delines, ICRC decided to use the
practical examples that facilitate a considerable difference about term “natural environment” and
the reader’s understanding and the definition of the environment. has devoted a paragraph to its
enable the application of the pro- Starting with ILC work, the Special definition in the preliminary con-
vision by belligerents during wars. Rapporteur M. Lehto, working on siderations. In this paragraph it
For instance, the ICRC has listed a PERAC, took into account a defini- is made clear that, in the context
number of cases in which the na- tion of environment presented by of the Guidelines, the natural en-
tural environment may be conside- a UN Environment Expert Group vironment is to be understood as
red a military objective 23 and spe- which defined it as “abiotic and the natural world together with
cified that the burning of an entire biotic components, including air, the system of inextricable rela-
forest for the purpose of destroying water, soil, flora, fauna and the tionships that exist between living
a small enemy camp could be con- ecosystem formed by their inte- beings and their inanimate en-
sidered disproportionate to the re- raction”.27 However, ILC still did vironment in the broadest sense
sulting environmental damage. 24 not adopt a specific definition of possible.31 In conclusion, like the
Finally the recommendations are environment for the Draft Princi- ILC, ICRC also recognized the ci-
useful for the implementation of ples about PERAC and did not de- vil character of the environment.32
individual rules and should be re- cide if use the term “environment”
spected by the armed forces of the or “natural environment”. The dif- III.Lack of distinction between in-
various countries. For instance, it ference between the two terms is ternational (IAC) and non-inter-
is suggested that the rules of hu- that “natural environment” does national (NIAC) armed conflict
manitarian law protecting the en- not cover protection of the human Another issue that deserves to be
vironment be disseminated and environment, which includes ar- addressed is the distinction betwe-
integrated into the doctrine, edu- tificial objects, for instance cultu- en IAC and NIAC in the ILC and
cation, training and disciplinary ral heritage.28 The concept of the ICRC works. An important cha-
systems of the armed forces. 25 “environment” is broader and en- racter of ILC Draft principles about
compasses both the features and PERAC is the lack of a general di-
II.Definition of environment the products of the natural world stinction between IAC and NIAC.
The prevailing practice of inter- and those of human civilization,29 It is remarkable that this approa-
national environmental law in- so it is linked to cultural aspects ch is part of a current trend mer-
struments seems to refrain from of environmental protection. Cur- ging legal regimes pertaining to
defining the concept of “environ- rently, the draft principles that ap- armed conflicts. The most notable
ment”. Indeed, reference is usually ply during armed conflict draw on development was the amendment
made to the environment in gene- the text of Additional Protocol I (AP made to the Conventional Wea-
ral terms or in a context limited to I), which use the term “natural en- pons Convention (1980) to en-
52
sure that the Convention would 16 on the prohibition of reprisals.36 in international armed conflicts.
also be applicable in situations of Moreover the same approach had Consequently, non-international
non-international armed conflict.33 been adopted by the ILC for the armed conflicts, which in recent
However, this lack of distinction draft articles on the effects of ar- decades have been particularly
raises concerns about the status of med conflict on treaties (2011) and more frequent than others, could
the draft principles that will be in- by the ICRC in its Study on Custo- have their rules supplemented by
cluded in the final text, given that mary International Humanitarian the application of those appli-
the law of NIAC is under-develo- Law (2005).37 Anyway ILC’s objects cable to international conflicts. In
ped in comparison to the law of are the progressive development this regard, related to PERAC, the
IAC.34 Indeed most legal instru- of international law and its codi- ICRC encourages the belligerent
ments relating to the law of war fication,38 therefore its position on parties to apply humanitarian law
concern international armed con- the absence of distinction betwe- relating to IAC to NIAC as well.40
flicts and only a few treaties also en the two types of conflict is ap-
address the issue of non-interna- propriate.39 Moving to 2020 ICRC IV.The non-state actors
tional armed conflicts. Unsurpri- Guidelines, they also do not make An issue closely linked to the lack
singly, some States were skeptical a general distinction between IAC of distinction between the two
about the inclusion of NIAC within and NIAC. Like the ILC, ICRC also types of conflict is that of non-state
the scope of the topic under consi- made just specific differentiations actors. The role of non-state actors
deration, but a significant number within the commentaries of the in- was addressed by ILC and, in par-
of States favored dealing with both dividual rules. The choice made ticular, by M. Lehto in her second
types of armed conflict.35 The ILC’s by both represents an important report about PERAC.41 The Special
approach is that whenever it is im- innovation in the field of the law Rapporteur emphasized that the
perative to draw such a distinction, of war, as the law applicable to idea of them being able to incur in-
it does so in the commentaries of non-international armed confli- ternational obligations via IHL and
the draft principles. An example is cts is particularly underdeveloped IHRL is largely accepted, even if a
the commentary to draft principle compared to the law applicable solution is still qualified in statu na-
53
INTERNSHIP RESEARCH RESULTS
scendi.42 Nevertheless, ILC addres- non-international armed conflicts ver, it is appropriate to make a
sed this issue in the commentaries are particularly more prevalent specification regarding the Draft
to draft principles focusing on cor- than international ones in recent principles about PERAC adopted
porations and indigenous peoples. decades. For this reason, the 2020 on first reading in 2019. Indeed,
Several States have welcomed the Guidelines are addressed to states, they have different normative va-
inclusion of non-State actors in the armed non-state actors and also to lues because some represent bin-
Draft Principles,43 but many appe- those actors who can influence the ding rules while others are just re-
ar concerned about the absence of behavior of the parties to a conflict. commendations.46 The purpose of
a clear framework on the respon- Consequently, the 2020 Guideli- the study is to codify and further
sibility of non-state armed groups nes have a broader scope than the develop customary international
for environmental damage. It se- 1994 Guidelines, as they apply to law and the choice to adopt prin-
ems appropriate for the ILC to fur- both international and non-inter- ciples is consistent with this appro-
ther address this topic, perhaps by national armed conflicts, making ach. Draft principles offer more
adopting a new set of draft princi- references to both conventional flexibility than draft articles when it
ples that deals exclusively with the and customary international law.45 comes to the further development
role and responsibility of non-state of international law and ILC would
actors in this area.44 Moving to the V.The normative value of the two have adopted the latter if it wanted
ICRC work, it should be noted that documents to draft a new treaty. Moreover, the
the 1994 and 2020 Guidelines normative value of the Draft prin-
differ in terms of who they are ad- As regards the normative value ciples is clear from the wording of
dressed to. While the older version of the ILC Draft principles and the provisions: it is used “shall” for
exclusively targets states, the upda- the ICRC Guidelines, it must be the obligations and “should” for
ted version takes into account that said that both are two generally recommendations. Having said
non-binding instruments. Howe-
54
that, many States highlighted that example in this respect is that, in prohibition of use of environmen-
the draft principles carry different practice, they take into account tal modification techniques,61 whi-
values. Specifically, Brazil, Russia the characteristics of the battlefield ch is present in the Guidelines in
and UK underlined that most of on which they operate.51 Further- Rule 3 and refers only to states
the PERAC draft principles repre- more the Martens Clause, which parties to the ENMOD Convention
sent non-binding guidelines and is also present in Rule 16 of the (1976),62 as well as the prohibition
the USA called on the ILC to pro- ICRC Guidelines,52 is reiterated of reprisals against the natural en-
vide more clarity.47 With regard to in this Manual.53 Moreover para- vironment,63 provided for in Rule
the ICRC work, the 2020 Guideli- graph 5.50 lists some specific rules 4.64 Finally, paragraph 5.50 of the
nes are also a generally non-bin- provided for the protection of the Manual states that, in the event of
ding instrument. They reflect deve- environment. The first is that the violations of the regulations provi-
lopments in international law and destruction of the natural environ- ded for the protection of the envi-
represent a tool to facilitate the ment, not justified by military ne- ronment, commanders are obliged
adoption of concrete measures to cessity, may be punished as a vio- to stop such violations, to take me-
improve the protection of the na- lation of international law,54 and asures to prevent new ones and to
tural environment in armed confli- very similar wording is contained in report them to higher authorities,
cts.48 Finally the ICRC’s aim is for Rule 13 of the 2020 Guidelines.55 so that appropriate measures may
the different states to incorporate Secondly, there is a prohibition be taken.65 In this regard, referen-
the various guidelines into their on the use of means or methods ce may be made to Rule 28, which
military manuals, with the inten- of warfare that cause widespread, deals with the prosecution of war
tion of making them known to their long-term and severe damage to crimes relating to the natural en-
armed forces and avoiding dama- the environment or are expected to vironment and also addresses the
ge to environmental elements.49 cause such damage or harm to the responsibility of commanders.66
health or survival of the popula-
Paragraph 3- Examples of military tion.56 This wording is very similar II.Law of Armed Conflict-Manual
manuals and national practices to Rule 2 of the 2020 Guidelines, of Germany (2013)
In this section, some military ma- which has the same threshold for Another military manual that
nuals that have adopted the environmental damage.57 Another should be considered in relation
ICRC guidelines and examples specific provision in the same pa- to environmental protection in ar-
of some state practices for en- ragraph states that attacks with med conflicts is the German one.
vironmental protection in ar- incendiary weapons on areas co- Its chapter 4 is dedicated to the
med conflicts are analyzed. vered by vegetation are prohibited means and methods of warfare
unless the natural elements are and, in its first paragraph, states
I.The Manual of the Law of Armed used to conceal combatants or mi- that it is forbidden to use means or
Conflict of Australia (2006) litary objectives or are themselves methods of warfare which cause,
The Manual of the Law of Armed military objectives.58 In addition, or are likely to cause, widespread,
Conflict of Australia (2006) has a the Australian Armed Forces are long-term and serious damage to
section on objects for which spe- required, for example, to avoid the the natural environment.67 In this
cial protection is provided, which use of air guns against civilians, in- regard, reference can be made
contains paragraph 5.50 entitled dividual citizens or civilian objects, to Rule 2 of the ICRC Guidelines,
“Environment”. In that paragraph, as well as if a military target is loca- which provides for the same ab-
it is possible to identify provisions ted in close proximity to civilians.59 solute limit of environmental da-
concerning the environment whi- In this regard, a similarity can be mage.68 In addition, the German
ch are traceable to various rules noted with Rule 23, which sets the military manual states that instal-
of the ICRC Guidelines. Firstly, the same limit for the use of incendiary lations containing dangerous for-
Manual states that those responsi- weapons against states parties to ces, such as dams, dykes or nucle-
ble for the planning and conduct Protocol III to the Convention on ar power plants, may not become
of military operations have a duty Certain Conventional Weapons the object of an attack, even thou-
to ensure that the natural environ- (1980).60 Furthermore the Au- gh they are military targets, if the
ment is protected50 and a relevant stralian Military Manual states the attack could result in the release
55
INTERNSHIP RESEARCH RESULTS
of such dangerous forces and the modification techniques against the 1993 Convention for the de-
consequent heavy losses among other states parties to the treaty.75 finition of chemical weapons. Fur-
thermore Rule 22, which prohibits
the civilian population.69 Here it
is worth recalling Rule 11 of the III.The Operational Law Handbook the use of herbicides as a method
2020 Guidelines, which lays down of United States Army (2015) of warfare, can also be invoked.78
prohibitions on installations con- A military manual worth conside- Moreover Article 35 of the Additio-
taining dangerous forces.70 More- ring is the US one, chapter 19 of nal Protocol I and the absolute limit
over, within the chapter on the me- which is entitled ‘Environmental on environmental damage there in
ans and methods of warfare, the law in operations’. In this chap- is mentioned in the US military ma-
German military manual includes ter, there is a section on the appli- nual. The US has not ratified Ad-
a section entitled “Protection of the cation of traditional law of war in ditional Protocol I and is therefore
Environment”. In addition to sta- which several international law tre- not bound by its provisions. Due to
ting that the means and methods aties are listed with the correspon- the absence of such ratification, it
of warfare must be used with due ding US positions. For instance, it has stated that it does not accept
consideration for environmental is stated that, as a general rule the the absolute limit of environmental
aspects, this section affirms the US respects the restrictions of the damage provided for in the Proto-
precautionary principle, the prin- Chemical Weapons Convention col, but prefers the traditional as-
ciple of military necessity and the (1993) regarding the use of herbi- sessment based on the principle
prohibition of reprisals against cides and chemical agents against of proportionality.79 Thus, when
the natural environment.71 Once combatants. However, they reserve carrying out an attack, they have
again, reference can be made to the right to use herbicides for do- to balance the military necessity
the ICRC Guidelines, in particular mestic use and for vegetation con- against the expected damage and
Rules 8, 13 and 4.72 With regard to trol in and around the perimeter of avoid the attack if it is dispropor-
tionate, but they
the precautionary “IF THE MEASURES TAKEN IN CONFIDENCE DO NOT are not requi-
principle, an exam- LEAD TO A HALT IN THE VIOLATIONS, THE ICRC MAY red to respect
ple concerning its
application by the VOICE ITS CONCERNS TO THE INTERNATIONAL the maximum
threshold of en-
Armed Forces is the COMMUNITY AND THIS ACT IS KNOWN AS “HUMA- vironmental da-
duty to verify that a NITARIAN MOBILIZATION”.” mage contained
target is indeed mi-
in both Additio-
litary, even when it is part of the
natural environment. For instance, their installations.76 Moreover, the nal Protocol I and the 2020 Gui-
when troops attack an area cove- ICRC’s study of customary interna- delines. In this regard, in response
red by foliage, they have to be sure tional humanitarian law confirms to an ICRC Memorandum regar-
that the opposing soldiers are in that the practice of states is con- ding the applicability of IHL in the
that area.73 In conclusion, the Ger- sistent with the applicability of the Persian Gulf region in 1991, the
man military manual defines envi- ban on chemical weapons to both US stated that its practice does not
ronmental warfare as that in which international and non-internatio- include methods of warfare that
means or methods of warfare are nal conflicts. Currently, there is no would result in widespread, long-
used to cause widespread long- official practice to the contrary, and term and severe damage to the
term and serious damage to the there have been numerous state- environment.80 Chapter 19 of the
environment, and distinguishes the ments by various countries that US military manual also contains
latter from environmental modifi- chemical weapons should not be references to other articles of Ad-
cation techniques, which are prohi- used on any occasion and should ditional Protocol I, such as Article
bited by the ENMOD Convention be destroyed.77 In this regard, re- 54, which prohibits the destruction
(1976).74 In this regard, Rule 3 of ference can be made to Rule 21 of of objects essential to the survival
the ICRC Guidelines reiterates the the ICRC Guidelines, which prohi- of the population, Article 55, whi-
obligation in the ENMOD Con- bits the use of chemical weapons ch prohibits reprisals against the
vention not to use environmental and refers in the commentary to environment, and Article 56, whi-
56
ch prohibits attacks against instal- Greece , Honduras , Italy , Indone- Viñuales (ed.), The Rio Declaration on Envi-
lations containing dangerous for- sia , Japan , Lebanon , Malaysia , ronment and Development: A Commentary,
ces.81 The same prohibitions are Micronesia , Nordic countries , Po- Oxford, 2015
laid out in the 2020 Guidelines in land , Portugal , Republic of Korea Gasser, International Committee of the Red
Rules 10, 4, and 11 respectively.82 , Romania , Singapore , Slovenia Cross (ICRC), in Max Planck Encyclopedias of
In this regard, the United States , Thailand , Ukraine and Vietnam. International Law, 2016
opposes the absolute prohibitions In addition, some states, inclu- Hafner and Buffard, Part III The Sources of
in the articles of Additional Proto- ding Slovenia and Cyprus, have International Responsibility, Ch.36 Obligations
col I, but recognizes that many of also been particularly appreciative of Prevention and the Precautionary Principle,
its allies are parties to the treaty. of ICRC’s work on the 2020 Gui- Crawford, Pellet, Olleson, Parlett (eds.), The
For this reason, it is committed to delines. In conclusion, the hope Law of International Responsibility, Oxford,
taking humanitarian and environ- is that the draft principles will be 2010
mental issues into account in ar- approved at second reading while Henckaerts and Constantin, Part V Key Rights
med conflicts.83 Finally, the military maintaining the absence of a ge- in Times of ArmedConflict, Ch 19 Protection
manual in question also contains a neral distinction between the two of the Natural Environment, Clapham and
reference to the Convention for the types of conflicts and that the wi- Gaeta (eds.), The Oxford Handbook of Inter-
Protection of Cultural Property in der term ‘environment’ will be pre- national Law in ArmedConflict, Oxford, 2014
the Event of Armed Conflict (1954), ferred to ‘natural environment’, Hulme, War Torn Environment: Interpreting
which has been ratified by the Uni- thus ensuring wider protection. On the Legal Threshold, Martinus Nijhoff Publi-
ted States.84 Here, reference can the other hand, with regard to the shers, 2004
be made to Rule 12 of the Guide- ICRC work, the hope is that the mi- Joint NATO Doctrine for Environmental Pro-
lines, which lays down prohibitions litary manuals of the various coun- tection During NATO Led Military Activities
in relation to cultural property.85 tries will decide to integrate them Murphy, Kidane and Snider, Litigating War:
with the rules drafted in 2020. Mass Civil Injury and the Eritrea-Ethiopia
Conclusion Claims Commission, Oxford, 2013
After analyzing the ILC Draft prin- PICTURES: Payne, 9 Protection of the Natural Environ-
ciples and ICRC Guidelines, it is 1 Image by UNPOL ment, Saul and Akande (eds.), The Oxford
appropriate to state that both do- 2 Image by UNPOL Guide to International Humanitarian Law,
cuments are very relevant tools 3 Image by UNPOL Oxford, 2020
for improving environmental pro- 4 Image by UNPOL Ronzitti, Diritto Internazionale, Giappichelli
tection in armed conflicts. In par- (ed.), 2019
ticular, the issue concerning the Bibliography Sitography
lack of distinction between inter- Dienelt and Sjöstedt, Is the ILC’s work enhan-
national and non-international Boothby, Weapons and the Law of Armed cing protection for the environment in relation
armed conflicts could represent a Conflict, Oxford, 2009 to warfare? A reply to Stavros-Evdokimos Pan-
breakthrough in international law, Bothe et al., International law protecting the tazopoulos and Karen Hulme, in Questions of
considering the underdevelopment environment during armed conflict: gaps and International Law, 2017, http://www.qil-qdi.
of the law concerning non-interna- opportunities, in 92:879 International Review org/ilcs-work-enhancing-protection-environ-
tional conflicts. Moreover, the issue of the Red Cross, 2010 ment-relation-warfare-reply-stavros-evdoki-
of non-state armed actors is also Boyle, Polluter Pays, in Max-Plank Encyclope- mos-pantazopoulos-karen-hulme/
of considerable importance in the dias of Public International Law, 2009 Fleck, The Martens Clause and Environmen-
same field. It is worth noting that Bronkhorst and Koppe, Lebanon Oil Spill talProtection in Relation to ArmedConflicts, in
the topic of PERAC has attracted Legal Assessment, Institute for Environmental Goettingen Journal of International Law 10,
the interest of several countries Security (ed.), 2007 2020, https://gojil.eu/issues/101/101_arti-
in recent years. For this reason, it Cançado Trindade, 19 Principle 15, Viñuales cle_fleck.pdf
is not surprising that many states (ed.), The Rio Declaration on Environment Hsiao, ProtectingProtectedAreas in Bello:
have expressed their appreciation and Development: A Commentary, Oxford, Learning From Institutional Design and
for the work of the ILC. These in- 2015 Conflict Resilience in the Greater Virunga and
clude: Austria , Colombia , Cuba Chemain, Part IV The Content of International KidepoLandscapes, in Goettingen Journal
, Egypt , El Salvador , Germany , Responsibility, Ch.56 The ‘Polluter Pays’ Prin- of International Law, 2020, https://gojil.eu/
ciple, Crawford, Pellet, Olleson, Parlett (eds.), issues/101/101_article_hsiao.pdf
Oxford, 2010 Hulme, Enhancing Environmental Protection
Dinstein, The Conduct of Hostilities under the During Occupation Through Human Rights, in
Law of International ArmedConflict, Cambrid- Goettingen Journal of International Law 10,
ge University Press, Cambridge, 2004 2020, https://gojil.eu/issues/101/101_arti-
Droege and Tougas, The Protection of the Na- cle_hulme.pdf
tural Environment in Armed Conflict-Existing Hulme, The ILC’s Work Stream on Protection
Rules and Need for Further Legal Protection, of the Environment in Relation to Armed Con-
in Nordic journal of International Law 82, flict, in Questions of International Law, 2016,
2013 http://www.qil-qdi.org/ilcs-work-stream-pro-
Duvic-Paoli and Viñuales, 6 Principle 2, tection-environment-relation-armed-conflict/
Jacobsson and Lehto, Protection of the Envi-
ronment in Relation to Armed Conflicts – An
Overview of the International Law Commis-
sion’sOngoing Work, in Goettingen Journal of
International Law 10, 2020, https://gojil.eu/
issues/101/101_article_jacobsson_lehto.pdf
Jakjimovska and Amani, Protecting the Envi-
ronment in Non-International Armed Confli-
cts: Are WeThereYet? in European Journal of
International Law, 2019, https://www.ejiltalk.
org/protecting-the-environment-in-non-inter-
national-armed-conflicts-are-we-there-yet/
Pantazopoulos, Protection of the environment
during armed conflicts: An appraisal of the
ILC’s work, in Questions of International Law,
2016, http://www.qil-qdi.org/protection-envi-
ronment-armed-conflicts-appraisal-ilcs-work/
Pantazopoulous, Reflections on the Legality
of Attacks Against the Natural Environment
57
INTERNSHIP RESEARCH RESULTS
by Way of Reprisals, in Goettingen Journal of Humanitarian Law, Commentary of Rule 44, note
International Law 10, 2020, https://gojil.eu/ https://ihl-databases.icrc.org/customary-ihl/
issues/101/101_article_pantazopoulos.pdf eng/docs/v1_rul_rule44 1UNGA, Resolution 174(II) of 21 November
Sjöstedt and Dienelt, Enhancing the Pro- ICRC, Study on Customary International 1947, UN Doc. A/RES/174(II).
tection of the Environment in Relation to Humanitarian Law, Commentary of Rule 45, 2Paragraph 1, article 1, Statute of the In-
Armed Conflicts – the Draft Principles of the https://ihldatabases.icrc.org/customary-ihl/ ternational Law Commission, UN Doc. A/
International Law Commission and Beyond, eng/docs/v1_rul_rule45 RES/174(II).
in Goettingen Journal of International Law, ICRC, Study on Customary International 3Paragraph 2, article 1, Statute of the In-
2020, https://gojil.eu/issues/101/101_arti- Humanitarian Law, Commentary of Rule 53, ternational Law Commission, UN Doc. A/
cle_sjoestedt_dienelt.pdf https://ihl-databases.icrc.org/customary-ihl/ RES/174(II).
Sreenivasa Rao, International Law Commis- eng/docs/v1_rul_rule53 4Sreenivasa Rao, International Law Commis-
sion (ILC), in Max Planck Encyclopedia of ICRC, Study on Customary International sion, in Max Planck Encyclopedias of Interna-
Public International Law, 2017 Humanitarian Law, Commentary of Rule 54, tional Law, 2017, para. A-3.
Vöneky and Wolfrum, Environment, Protection https://ihl-databases.icrc.org/customary-ihl/ 5Paragraph 2, article 18, Statute of the In-
in Armed Conflict, in Max-Planck Encyclope- eng/docs/v1_rul_rule54 ternational Law Commission, UN Doc. A/
dia of Public International Law, 2016 ICRC, Study on Customary International RES/174(II).
Relevant documents Humanitarian Law, Commentary of Rule 74, 6Sreenivasa Rao, International, cit., para. C-2.
Advisory Committee of Public International https://ihl-databases.icrc.org/customary-ihl/ 7Sreenivasa Rao, International, cit., para. C-1.
Law, Advisory Report on the ILC’s Draft Princi- eng/docs/v1_rul_rule74 8Article 23, Statute of the International Law
ples on Protection of the Environment in Rela- ICRC, Study on Customary International Hu- Commission, UN Doc. A/RES/174(II).
tion to ArmedConflicts n. 36, 2020, file:///C:/ manitarian Law, Practice Relating to Rule 84, 9Gasser, International Committee of the Red
Users/Casa/Downloads/Protection_of_the_ https://ihl-databases.icrc.org/customary-ihl/ Cross (ICRC), in Max Planck Encyclopedias of
Environment_in_Relation_to_Armed_Conflicts_ eng/docs/v2_rul_rule84 International Law, 2016, paras. A-B.
CAVV-Advisory-report-36_202007%20(22).pdf Iraq, Law No. 10 of the Iraqi Higher Criminal 10Ronzitti, Diritto Internazionale, Giappichelli
Australia, The Manual of the Law of Armed Court, 2005 (ed.), 2019, p. 510.
Conflict, 2006 United Kingdom, The Joint Service Manual of 11Gasser, International Committee of the Red
China’s Regulation of the Chinese People’s the Law of Armed Conflict, 2004 Cross (ICRC), in Max Planck Encyclopedias of
Liberation Army on the Protection of the Envi- United States Army, Operational Law Hand- International Law, 2016, paras. D-H.
ronment, 2004 book, 2015 12ILC, Draft Principles on the Protection of the
Cina, Regulations of the Chinese People’s United States, The Commander’s Handbook Environment in Relation to Armed Conflicts
Liberation Army on Environmental Impact on the Law of Naval Operations, 2007 (2019), Un Doc. A/74/10, pp. 209-210.
Assessment, 2006 WHO, Health Aspects of the Use of Chemical 13ICRC, Guidelines for Military Manuals and
Conflict and Environment Observatory, and Biological Weapons, 1970 Instructions on the Protection of the Environ-
Briefing paper: Strengthening the Inter- UN Documents ment in Times of Armed Conflict, 1994, ht-
national LawCommission’s newly adopted Statute of the International Law Commission, tps://www.icrc.org/en/doc/resources/docu-
draft principles on the protection of the UN Doc. A / RES / 174 ments/article/other/57jn38.htm.
environment in relation to armed conflicts, Jacobsson, Preliminary report on the pro- 14 UNGA, Resolution on the United Nations
2019, https://ceobs.org/briefing-paper-stren- tection of the environment in relation to Decade of International Law, 1994, UN Doc.
gthening-the-international-law-commis- armed conflicts, 2014, UN Doc. A/CN.4/674 A/49/323, p. 49-53.
sions-newly-adopted-draft-princi- Jacobsson, Second report on the protection of 15 ICRC, Guidelines on the protection of the
ples-on-the-protection-of-the-environ- the environment in relation to armed conflicts, natural environment in armed conflict: rules
ment-in-relation-to-armed-conflicts/#2 2015, UN Doc. A/CN.4/685 and recommendations relating to the pro-
Conflict and Environment Observatory, Jacobsson, Third report on the protection of tection of the natural environment under inter-
Report: 2019’s UN General Assembly debate the environment in relation to armed conflicts, national humanitarian law with commentary,
on the protection of the environment in 2016, UN Doc. A/CN.4/700 2020, pp. 4-5, https://www.icrc.org/en/docu-
relation to armed conflicts, 2019, https:// Lehto, First Report on Protection of the Envi- ment/guidelines-protection-natural-environ-
ceobs.org/report-2019s-un-general-assem- ronment in Relation to armed conflicts, 2018, ment-armed-conflict-rules-and-recommenda-
bly-debate-on-the-protection-of-the-environ- UN Doc. A/CN.4/720 tions-relating.
ment-in-relation-to-armed-conflicts/ Lehto, Second report on protection of the 16Hulme, The ILC’s Work Stream on Pro-
Germany, Law of Armed Conflict – Manual, environment in relation to armed conflicts, tection of the Environment in Relation to Ar-
2013 2019, UN Doc. A/CN.4/728 med Conflict, in Questions of International
HPCR, Manual on International Law Appli- ILC, Draft Principles on the Protection of the Law, 2016, para. 3, http://www.qil-qdi.org/
cable to Air and Missile Warfare, 2009 Environment in Relation to Armed Conflicts, ilcs-work-stream-protection-environment-rela-
International Criminal Tribunal for the Former 2019, Un Doc. A/74/10 tion-armed-conflict/.
Yugoslavia (ICTY), Final Report to the Prose- UN, Report of the Secretary-General on 17ILC, Draft, cit., p. 215.
cutor by the Committee Established to Review Chemical and Bacteriological (Biological) 18 ILC, Draft, cit., p. 216.
the NATO Bombing Campaign against the Weapons and the Effects of their Possible Use, 19Pantazopoulos, Protection of the environ-
Federal Republic of Yugoslavia, 2000 1969 ment during armed conflicts: An appraisal of
ICRC, Guidelines for Military Manuals and UNGA, Report of the Secretary-General on the ILC’s work, in Questions of International
Instructions on the Protection of the Envi- napalm and other incendiary weapons and Law, 2016, para. 2.1, http://www.qil-qdi.org/
ronment in Times of Armed Conflict, 1994, all aspects of their possible use, 1972 protection-environment-armed-conflicts-ap-
https://www.icrc.org/en/doc/resources/docu- UNGA, Resolution 47/37, Protection of the
ments/article/other/57jn38.htm environment in times of armed conflict, 1992
ICRC, Guidelines on the protection of the na- UNGA, Resolution on the United Nations
tural environment in armed conflict: rules and Decade of International Law, 1994, UN Doc.
recommendations relating to the protection A/49/323
of the natural environment under interna- UNGA, Resolution 61/194, 2006, UN Doc. A/
tional humanitarian law with commentary, RES/61/194
2020, https://www.icrc.org/en/document/ UNGA, Resolution 62/188, 2007, UN Doc. A/
guidelines-protection-natural-environment-ar- RES/62/188
med-conflict-rules-and-recommendations-re- UNEP, From Conflict to Peacebuilding. The
lating Role of Natural Resources and the Environ-
ICRC, Strengthening legal protection ment, 2009, https://postconflict.unep.ch/
for victims of armed conflicts, 2011, 31 publications/pcdmb_policy_01.pdf
IC/11/5.1.1, https://www.icrc.org/en/doc/ UNEP, Protecting the Environment During
assets/files/red-cross-crescent-movemen- Armed Conflict, An Inventory and Analysis of
t/31st-international-conference/31-int-con- International Law, 2009, https://postconflict.
ference-strengthening-legal-pro- unep.ch/publications/int_law.pdf
tection-11-5-1-1-en.pdf
ICRC, Study on Customary International
58
praisal-ilcs-work/. ment-in-relation-to-armed-conflicts/. 70 2020 ICRC Guidelines, cit., p. 66.
20 ILC, Draft, cit., p. 268. 402020 ICRC Guidelines, cit., para. 306. 71 Germany, Law of Armed Conflict – Manual,
21ICRC, Guidelines for Military Manuals and 41 Lehto, Second report on protection of the 2013, para. 434.
Instructions on the Protection of the Environ- environment in relation to armed conflicts, 72 2020 ICRC Guidelines, cit., pp. 56, 72 e 44.
ment in Times of Armed Conflict, 1994, Rule 2019, UN Doc. A/CN.4/728, pp. 23-32. 73 2020 ICRC Guidelines, cit., para. 132.
11. 42Jakjimovska and Amani, Protecting the En- 74 Germany, Law of Armed Conflict – Manual,
222020 ICRC Guidelines, cit., p. 29-39. vironment in Non-International Armed Con- 2013, paras. 435-436.
232020 ICRC Guidelines, cit., para. 101. flicts: Are We There Yet?, in EJIL-Talk!, 2019, 75 2020 ICRC Guidelines, cit., p. 40.
242020 ICRC Guidelines, cit., para. 122. https://www.ejiltalk.org/protecting-the-envi- 76 United States Army, Operational Law Han-
252020 ICRC Guidelines, cit., para. 14. ronment-in-non-international-armed-confli- dbook, 2015, p. 332.
26Lehto, Second report on protection of the cts-are-we-there-yet/. 77 ICRC, Study on Customary International
environment in relation to armed conflicts, 43Sjöstedt and Dienelt, Enhancing the Pro- Humanitarian Law, Commentary of Rule 74,
2019, UN Doc. A/CN.4/728, p. 84. tection of the Environment in Relation to Ar- https://ihl-databases.icrc.org/customary-ihl/
27A. Timoshenko (ed.), “Conclusions by the med Conflicts – the Draft eng/docs/v1_rul_rule74.
Working Group of Experts on liability and com- Principles of the International Law Commission 78 2020 ICRC Guidelines, cit., pp. 89-91.
pensation for environmental damage arising and Beyond, in Goettingen Journal of Inter- 79 United States Army, Operational Law Han-
from military activities”, in Timoshenko (ed.), national Law, 2020, pp. 17-18, https://www. dbook, 2015, p. 333.
Liability and Compensation for Environmental gojil.eu/issues/101/101_article_sjoestedt_die- 80 ICRC, Study on Customary International
Damage: Compilation of Documents (UNEP, nelt.pdf. Humanitarian Law, Commentary of Rule 45,
1998), para. 31. 44Conflict and Environment Observatory, Re- https://ihldatabases.icrc.org/customary-ihl/
28Advisory Committee of Public Internatio- port, cit., para. 7. eng/docs/v1_rul_rule45.
nal Law, Advisory Report on the ILC’s Draft 452020 ICRC Guidelines, cit., para. 11. 81 United States Army, Operational Law Han-
Principles on Protection of the Environment 46ILC, Draft, cit., p. 215. dbook, 2015, p. 334.
in Relation to Armed Conflicts n. 36, 2020, 47Conflict and Environment Observatory, Re- 82 2020 ICRC Guidelines, cit., p. 63, p. 44,
p. 16, file:///C:/Users/Casa/Downloads/ port, cit., para. 2.4. p. 66.
Protection_of_the_Environment_in_Rela- 482020 ICRC Guidelines, cit., p. 4. 83 United States Army, Operational Law Han-
tion_to_Armed_Conflicts_CAVV-Advisory-re- 492020 ICRC Guidelines, cit., p. 12. dbook, 2015, p. 334.
port-36_202007%20(25).pdf. 50Australia, The Manual of the Law of Armed 84United States Army, Operational Law Hand-
29Lehto, Second report on protection of the Conflict, 2006, para. 5.50. book, 2015, p. 334.
environment in relation to armed conflicts, 512020 ICRC Guidelines, cit., para. 44. 85 2020 ICRC Guidelines, cit., p. 69.
2019, UN Doc. A/CN.4/728, p. 86. 522020 ICRC Guidelines, cit., p. 79. 86 Conflict and Environment Observatory, Re-
30Jacobsson, Second report on the protection 53Australia, The Manual of the Law of Armed port, cit., para. 2.
of the environment in relation to armed confli- Conflict, 2006, para. 5.50.
cts, 2015, UN Doc. A/CN.4/685, p. 49; Draft 54Australia, The Manual of the Law of Armed Lorenzo Marchionni
principle 1: “The natural environment is civi- Conflict, 2006, para. 5.50. CoESPU Intern, Roma 3
lian in nature and may not be the object of an 55 2020 ICRC Guidelines, cit., p. 72. University
attack, unless and until portions of it become 56 Australia, The Manual of the Law of Armed
a military objective. It shall be respected and Conflict, 2006, para. 5.50.
protected, consistent with applicable interna- 57 2020 ICRC Guidelines, cit., p. 29.
tional law and, in particular, international hu- 58 Australia, The Manual of the Law of Armed
manitarian law.” Conflict, 2006, para. 5.50.
312020 ICRC Guidelines, cit., para. 16. 59 ICRC, Study on Customary International Hu-
322020 ICRC Guidelines, cit., pp. 15-16. manitarian Law, Practice Relating to Rule 84,
33Jacobsson, Second report on the protection https://ihl-databases.icrc.org/customary-ihl/
of the environment in relation to armed confli- eng/docs/v2_rul_rule84.
cts, 2015, UN Doc. A/CN.4/685, pp. 36-37. 60 2020 ICRC Guidelines, cit., p. 94.
34Pantazopoulos, Protection, cit., para. 2.2. 61 Australia, The Manual of the Law of Armed
35Pantazopoulos, Protection, cit., para. 2.2. Conflict, 2006, para. 5.50.
36 ILC, Draft, cit., p. 259. 62 2020 ICRC Guidelines, cit., p. 40.
37Advisory Committee of Public International 63 Australia, The Manual of the Law of Armed
Law, Advisory, cit., p. 15. Conflict, 2006, para. 5.50.
38Paragraph 1, article 1, Statute of the In- 64 2020 ICRC Guidelines, cit., p. 44.
ternational Law Commission, UN Doc. A/ 65 Australia, The Manual of the Law of Armed
RES/174(II). Conflict, 2006, para. 5.50.
39Conflict and Environment Observatory, Re- 66 2020 ICRC Guidelines, cit., p. 109.
port: 2019’s UN General Assembly debate on 67Germany, Law of Armed Conflict – Manual,
the protection of the environment in relation 2013, para. 401.
to armed conflicts, 2019, para. 2.3, https:// 68 2020 ICRC Guidelines, cit., p. 29.
ceobs.org/report-2019s-un-general-assem- 69 Germany, Law of Armed Conflict – Manual,
bly-debate-on-the-protection-of-the-environ- 2013, para. 428.
59
ALUMNI
ALUMNI
62
DEPUTY DIRECTOR’S CORNER
Dear CoESPU Magazine readers, although I have just recently arrived in Vi-
cenza, I wanted to take the opportunity to thank the professional staff at Co-
ESPU and our many International Partners for making 2022 very successful.
This year, the Center of Excellence has hosted many activities: 28 internatio-
nal courses among them the first iteration of a “Law of the Sea / Anti-Piracy”
course designed for the Association of South East Asian Nations (ASEAN) and
Indian Ocean Rim Association (IORA) personnel. We also managed three in-
ternational drills, three workshops, a high level conference on environmental
protection in peace support missions, and a Stability Policing conference.
In 2023, we look forward to seeing more people around the CoESPU campus
attending the variety of scheduled courses, exercises, and workshops focused
on Stability Policing.
To our esteemed Alumni, please continue to keep in touch – we enjoy seeing
your accomplishments both while deployed as well as within your national re-
sponsibilities. I am also excited that next year we will
continue our Tutor program where Alumni have the op-
portunity to return and tutor small groups within each
course.
Now that we have entered the holiday period, I hope
you may spend time with your loved ones and I wish
you a very Happy and Prosperous New Year.
Will Daniel
Col. - US Army
CoESPU Deputy Director
63
ALUMNI
CHP: A SHARIA COMPLIANT APPROACH
Cultural Heritage Protection: a mic past. To highlight the psycho- nation, an expression of human
Sharia compliant approach logical impact on the social iden- life, embodying the essence of
tity and collective memory of the the community that inherits it. Hi-
by Alessandra Casciani victim populations, some experts storically, cultural properties have
have referred to such practices as always fallen victim of conflicts and
Abstract “identicide” or “memoricide”. Yet, protracted crisis and it is generally
Sharia itself offers some elemen- considered a dramatic side-effect
The protection of cultural heritage ts to protect cultural heritage and of conflicts. However, the cases of
cultural rights. Rising awareness Bamiyan Buddhas, the Mostar Bri-
and of cultural rights represents a on these aspects could help pro- dge, the Timbuktu libraries or the
priority on the international agen- mote dialogue between peaceke- city of Palmyra describe a delibera-
da. However, the destruction of epers and local actors to ensure a te and calculated destructive stra-
archaeological sites or the looting more efficient and tailored-fit re- tegy. These have been described
and trafficking of cultural property sponse in protecting cultural heri- by some scholars as “identicide” or
and antiquity in conflicts and pro- tage. The purpose of this contribu- “memoricide”1 due to the strong
tracted crises has gained increa- tion is to shed light on the shadowy linkage between the attacks and
sing political momentum over the areas of the current system of cul- the eradication of social identity
last two decades. Targeting and tural heritage protection, empha- and collective memory of the af-
destroying cultural heritage have sizing the advantages of an inte- fected local communities. UNE-
become a recurring strategy, both grated approach and the need SCO spoke of “cultural cleansing”
intentional and dual-purposed, to strengthen some of the tools that is “an intentional strategy
for jihadist terrorist groups. Inde- that are currently at our disposal. that seeks to destroy cultural di-
ed, while such practices provide --- versity through the deliberate tar-
an additional source of income for Targeting cultural property: a geting of individuals identified
the groups, they also contribute to profitable strategy on the basis of their culture, eth-
the elimination of elements related Cultural heritage represents the nic or religious background”2.
to the local population’s pre-Isla- history, identity and memory of a Terrorist groups are quite aware
64
of the immense value of cultural and cultural artefacts is needed to and undeniable faith in God did
property. It can certainly generate enhance the protection of cultu- not preclude him from apprecia-
good profits through illegal traffi- ral heritage in conflict scenarios. ting art in its many forms. In the
Qur’anic narrative, in fact, the-
cking for antiquities, but the bene-
fits are more than just economic. Cultural heritage protection in re is not a single text that directly
The systematic destruction is part Islamic tradition addresses the question of whate-
of strategic initiatives for gaining Beauty is a recurrent theme in the ver making or possessing “pictu-
power and grounding. As a strong Qur’an narration and permeates res” or “images” is prohibited4.
propaganda tool, it ensures the in- the culture of the Arab-Muslim wor- Even though sacred texts never di-
ternational media coverage and ld, but has significant pitfalls when rectly refer to cultural heritage or
a spotlight on their jihad - it has is linked to artistic expression. By its protection, this practice is histo-
happened with the self-proclai- promoting the interpretation of rically evident in the Islamic wor-
ld. Muhammad
med Islamic state “CULTURAL HERITAGE REPRESENTS THE HISTORY, himself is descri-
in Syria and Iran.
Violence “downsi- IDENTITY AND MEMORY OF A NATION, AN EXPRES- bed as tolerant
zes” the power of toward religious
the international SION OF HUMAN LIFE, EMBODYING THE ESSENCE and cultural tre-
community, which OF THE COMMUNITY THAT INHERITS IT. HISTORI- asures, even
helplessly witnes-
CALLY, CULTURAL PROPERTIES HAVE ALWAYS FALLEN protecting the
VICTIM OF CONFLICTS AND PROTRACTED CRISIS statue of the Vir-
ses the destruction gin Mary with
of artistic herita- AND IT IS GENERALLY CONSIDERED A DRAMATIC SI- his hands du-
ge, but also re- DE-EFFECT OF CONFLICTS.” ring con-
presents a recruit- the
ment call for those quest of Mecca5.
who wish to join the jihadist cau- the artist, art could move away The destruction of images and the
se. Moreover, it could be exploited from the notion of “truth of Islam”. prohibition against painting do not
as a repression instrument, whose Iconography could also distract really belong to early Islam but re-
psychological impact is also well the devotee from prayer, or even sulted from the influence of Byzan-
documented: cultural heritage pro- induce to idolatry. Many hadiths tine culture6. In contrast, the early
vide a sense of belonging, so its warn against the dangers of art, Caliphs promoted the arts, built
destruction leaves victims disorien- but most of these have weak au- majestic palaces and extraordinary
ted, emotionally distraught, and in thenticity. Nevertheless, there are miniatures for manuscripts, while
lack of hope and social solidarity. Qur’an references to art apprecia- at the same time taking care of the
The spread of fear and instability tion, such as those related to the preservation pre-existing artistic
then contributes to strengthening life of King Solomon, whose deep treasures during the expansion of
the role of these groups within the
region in which they operate, “pu-
rifying” the community from both
its pre-Islamic past and all forms
of opposition. This confusing por-
trayal of Islamic doctrine reinfor-
ces prejudices and stereotypes,
rising anti-Muslim sentiments wi-
thin western countries. The United
Nations has chosen to embrace an
inverse trend, rather promoting the
fight against Islamophobia and a
hateful representation of Islam3.
As a matter of fact, a better rea-
ding of Sharia position toward arts
65
ALUMNI
Islam. The Organization of Islamic ce”12. Therefore, despite the am- targeting cultural properties in the
Cooperation (OIC) also applied biguities in Islamic law regarding name of the jihad.
this historical evidence in an at- the protection of cultural heritage,
tempt to dissuade the Taliban from jihad cannot be a justification for An integrated approach for the
the destruction of the Buddhas of the destruction of these artefacts, protection of cultural heritage
the Bamiyanche Valley. Political even if they are “infidel” ones. The Although cultural heritage pro-
and religious leaders of Islamic case of Mr. Ahmad al-Faqi al Mah- tection is an implicit element of
states were mobilized to open a di13 represents the perfect example every peacekeeping operation,
dialogue on the correct interpreta- of a missed opportunity to shed li- on a practical level is often a ne-
tion of Sharia law, but efforts were ght on the position of Sharia law glected aspect within the mis-
vain. After the Buddha bombing, on the protection of cultural heri- sions14. Usually, cultural property
however, the Doha Conference tage. The trial was the first case in protection is not explicitly mentio-
was organized, which gave many which an indictment for war crime ned in the mandate and, as a re-
Islamic law experts the opportunity was based on attack against cul- sult, the operation suffer for a lack
to condemn these extremisms and of qualified and trained person-
reiterate the value of cultural heri- nel to address this need. Never-
tage protection within the Sharia7. theless, the development of inte-
Even today, conservative Islamic gral cultural property protection
movements use hadiths on the in teaching and training (pre-de-
prohibition of arts to exert firm ploying and on-mission) will be
control over freedom of expression highly desirable in the context of
and information. Jihadist organi- peacekeeping missions. The pro-
zations have always attempted to tection of cultural heritage in con-
restrict culture in a broad sense: flict or crisis areas can contribute
consider the closure of schools in to the achievement of peacekee-
Mosul in 20148, or the restriction ping objectives, but it must follow
on the use of music in traditional an integrated approach that can
ceremonies in Syria9. At the behest combine tradition with modernity.
of ISIS the Festival du Desert had By its very nature, Islamic law is
been suspended10, while Al-Sha- difficult to interpret and can ge-
bab banned all radio stations nerate unclear answers. This le-
from broadcasting music in Soma- ads international bodies to be
“TERRORIST GROUPS ARE QUITE AWARE OF THE
IMMENSE VALUE OF CULTURAL PROPERTY. IT CAN
CERTAINLY GENERATE GOOD PROFITS THROUGH
ILLEGAL TRAFFICKING FOR ANTIQUITIES, BUT THE
BENEFITS ARE MORE THAN JUST ECONOMIC.”
lia11. Religious justification is thus tural heritage, but the complexity
employed as a destabilizing and of Islamic law, the lack of unifor-
oppressive element. Neverthe- mity in legal solutions and confli-
less, “jihad itself does not include cting interpretations prevented the
offensive warfare but only permi- implementation of a more elabo-
ts self-defence […] the faith is not rate discussion based on the Isla-
intended to be spread by force” mic low standpoint. An opportuni-
and jihad is “justified only when ty was thereby wasted to spotlight
non-Muslims threaten Muslims or the legitimacy of the justifications
interfere with their religious practi- used by fundamentalist groups for
66
generally hesitant to refer to note in-iraq-103714. Kelly, L. (2021) Lessons le-
it, but Sharia may be one of 1 Barakat, S. (2021). Necessary conditions arned on cultural heritage protection in con-
the cultural factors to consider in for integrated approaches to the post-conflict flict and protracted crisis. K4D Helpdesk
heritage management and pro- recovery of cultural heritage in the Arab Wor- Report. Institute of Development Studies.
tection. Just as the destruction of ld. International Journal of Heritage Studies. Ogunnaike O. (2017) The Silent The-
cultural heritage can drive confli- P.434 ology of Islamic Art, Renovatio. Avai-
ct, its protection and restitution can 2 UNESCO (2015) Mobilization For Heri- ble at: renovatio.zaytuna.edu/arti-
serve as a driver of resolution and tage: Iraq, Syria and other conflict-stricken cle/the-silent-theology-of-islamic-art
post-war recovery. It represents the countries. Avaible at: https://www.unesco. OHCHR (2014) Challenges and effects
tool for creating dialogue and re- org/en/articles/mobilization-heritage-ira- of terror on arts and culture, Freemuse
conciliation with the local commu- q-syria-and-other-conflict-stricken-countries OHCHR (2014) Rule of Terror: Living under ISIS
nity. It also provides an opportunity 3 Polymenopoulou E. (2022) Caliphs, Jinns, in Syria, Conference Room Paper - A/HRC/27/
for social and economic develop- and Sufi Shrines: The Protection of Cul- CRP.3, Independent International Commis-
ment of the affected area, with tural Heritage and Cultural Rights un- sion of Inquiry on the Syrian Arab Republic.
the attendant benefits of the case. der Islamic Law, 36 Emory Int. L. Rev. P.746 Polymenopoulou E. (2022) Caliphs, Jinns,
Within this framework, the partici- 4 al-Alwani T. J. (2000) Fatwa Con- and Sufi Shrines: The Protection of Cultural
pation of local actors, their needs cerning the United States Supreme Heritage and Cultural Rights under Islamic
and requirements remain focal. Courtroom Frieze, J.L. &Religion. P.6 Law, Emory International Law Review, Vol. 36
Their involvement prove useful in 5 Sadria M. (1984) Figural representation Rohter L. (2013) Musical Nomads, Esca-
dealing with incidents of looting in Islamic art, Middle Eastern Studies, P.99. ping Political Upheaval, NY Times.
or smuggling, limiting them and 6 Polymenopoulou E. (2022) op.cit. P.759 Sadria M. (1984) Figural representa-
consequently weakening the ille- 7 UNESCO (2001) Doha Statement of tion in Islamic art, Middle Eastern Studies
gal trade in artworks. It would also the International Symposium of ‘Ulamâ Schipper F. (2022) UNESCO World Heritage
lend an occasion to scale back the on Islam and Cultural Heritage Doha, and Cultural property Protection in the event
vision of these terrorist groups, li- Qatar, in Doha Proceedings. Pp. 7–8. of armed conflict, 50 Years World Heritage
miting their grip on local popu- 8 Cascone S. (2014) ISIS Cuts Art, Music, and Convention: Shared Responsibility – Conflict
lations. For a community in pain History Education in Iraq, Artnet. Available & Reconciliation, Springer: Berlin, Germany.
and need, it remains immensely at: news.artnet.com/art-world/isis-cuts-art- UNESCO (2001) Doha Statement of the Interna-
difficult to address a seemingly se- music-and-history-education-in-iraq-103714. tional Symposium of ‘Ulamâ on Islam and Cultu-
condary issue such as cultural ri- 9 OHCHR (2014) Rule of Terror: Living under ISIS ral Heritage Doha, Qatar, in Doha Proceedings.
ghts, so it is necessary to rely on in Syria, Conference Room Paper - A/HRC/27/ UNESCO (2015) Mobilization For Heritage:
the expertise of properly trained CRP.3, Independent International Commis- Iraq, Syria and other conflict-stricken countries.
peacebuilders and peacekeepers. sion of Inquiry on the Syrian Arab Republic.
In this perspective, military pre- 10 Rohter L. (2013) Musical Nomads, Escaping Alessandra Casciani
paredness and the preservation Political Upheaval, N.Y. TIMES. Available at: CoESPU Intern, SIOI (The
of life and wellbeing requires an nytimes.com/2013/07/31/arts/music/musi- Italian Society for International
understanding of the role of cul- cal-nomads-escaping-political-upheaval.html. Organization)
tural heritage in the “hearts and 11 OHCHR (2014) Challenges and ef-
minds” of local people, including fects of terror on arts and culture, Freemuse
through increased knowledge of 12 Polymenopoulou E. (2022) op.cit. P.756
their tradition, history and culture. 13 Alleged member of Ansar Eddine, a mo-
vement associated with Al Qaeda in the Isla-
PICTURES: mic Maghreb, Al-Mahdi is the co-perpetrator
1 Image by UNESCO of the war crime consisting in intentionally
2 Image Palmyra directing attacks against religious and histo-
3 Image Moschea di Mosul ric buildings in Timbuktu, in June and July
2012. Available at: icc-cpi.int/mali/al-mahdi
14 Schipper F. (2022) UNESCO World He-
ritage and Cultural property Protection
in the event of armed conflict, 50 Years
World Heritage Convention: Shared Re-
sponsibility – Conflict & Reconciliation,
Springer: Berlin, Germany. Pp. 151-160
References
al-Alwani T. J. (2000) Fatwa Con-
cerning the United States Supre-
me Courtroom Frieze, J.L. &Religion.
Barakat, S. (2021) Necessary conditions for
integrated approaches to the post-conflict re-
covery of cultural heritage in the Arab Wor-
ld. International Journal of Heritage Studies.
Cascone S. (2014) ISIS Cuts Art, Mu-
sic, and History Education in Iraq, Artnet.
Available at: news.artnet.com/art-world/
isis-cuts-art-music-and-history-education-
67
EVENTS
EVENTS
WORKSHOP ON CULTURAL HERITAGE PROTECTION IN CRISIS AREAS
OCTOBER 11TH – OCTOBER 13TH, 2022
A 3-day Workshop on Cultural Heritage Protection Crisis Areas, born in the framework of the Carabinieri contribu-
tion to the European Union Police and Civilian Service Training (EUPCST) and developed by the CoESPU with the in-
volvementoftheCarabinieriCommandfortheCulturalHeritageProtection.TheaudiencewascomposedofSubject
Matter Experts coming from the European Gendarmerie Force Permanent Headquarters (EUROGENDFOR),
France, Germany, Italy, NATO Stability Policing COE, The Netherlands, Slovenia, Spain and United Kingdom.
70
STABILITY POLICING DAY 2022
OCTOBER 25TH, 2022
Traditional meeting between CoESPU, European Gendarmerie Force Permanent Headquarters and NATO Sta-
bility Policing COE, sharing and illustrating their relevant experiences, recent studies, lessons learned, ongoing
activities and ways ahead on the specific topic. The Stability Policing Day - 2022 Edition was an extremely intense
and productive, also thanks to the participation of external guests, such as representatives from the US General
Consulate in Milan, the 11th September Association, the U.S. Army Garrison Italy of Vicenza, the U.S. Army
Southern European Task Force Africa (SETAF-AF), the Italian base Commander on Vicenza Camp Ederle, the Post
Conflict Operations Study Centre of Turin, the NATO SFA COE of Cesano and the Carabinieri 2nd Mobile Brigade.
71
EVENTS
INAUGURATION OF THE COESPU ACADEMIC YEAR 2022-2023
NOVEMBER 22ND, 2022
Inauguration of the CoESPU Academic Year 2022-2023, attended by numerous local, national and interna-
tional authorities, plus Interns from partner universities. The ceremony was opened by the welcoming remarks
by LTG Maurizio D. Mezzavilla, Carabinieri Deputy Commanding General. Then the floor was taken by Ms.
Jennifer Pulliam, Programs Director at the GPOI - Global Peace Operations Initiative of the U.S. Department
of State, followed by Commissioner Jun Tan, United Nations Acting Police Adviser (United Nations Police -
UNPOL), and Mr. Mark Pedersen, Chief of the UN Integrated Training Service, testifying to the long-standing
and fruitful professional relationship with CoESPU. A lectio magistralis was delivered by Professor Michael
Plummer, Director of the School of Advanced International Studies for Europe of the Johns Hopkins Univer-
sity of Bologna. Also 14 international Subject Matter Experts, who participated in the “FPU Command Staff
review” workshop, attended the ceremony at the end of their 2-week activity. The event was concluded with
the final remarks by BG Giovanni P. Barbano, who declared the CoESPU Academic Year 2022-2023 open.
72
BG GIOVANNI P. BARBANO, CROSS OF THE MILITARY ORDER OF ITALY
NOVEMBER 3RD, 21022
During a solemn ceremony held at the “Quirinale” Presidential Palace in Rome, the CoESPU Director,
BG Giovanni Pietro Barbano, was bestowed the prestigious Cross of the Military Order of Italy by the
President of the Italian Republic, Sergio Mattarella, for his tireless commitment and outstanding resul-
ts as Commander of the Integrated Police Unit as part of the EUFOR - Althea operation in Bosnia and
Herzegovina, and along the time as Chief of Staff of the of the European Gendarmerie Force Perma-
nent Headquarters and finally as Director of the Carabinieri Centre of Excellence for Stability Police Units.
73
EVENTS
FPU COMMAND STAFF
COURSE REVIEW
NOVEMBER 9th – NOVEMBER 22nd, 2022 with the aim of improving the effi- portant that they receive ade-
ciency of peacekeeping missions. quate training to align them with
by Erica Rubiu Formed Police Units FPU repre- United Nations standards and
sent a large part of the unifor- to work professionally, efficient-
From Nov. 9-22, the Centre of med personnel serving the Uni- ly, and cohesively with all FPUs
ted Nations in peacekeeping in the field. During the FPU Pilot,
Excellence for Stability Police Uni- missions around the world. Cur- the main nationality features from
ts hosted the FPU Command rently, approximately 9,000 UN each of the members of the For-
Staff Course Review. During the- police officers from 94 member med Police Units were taken into
se two weeks, 14 specialists from countries are on the ground in 17 account in order to better adjust
around the world with diverse different peacekeeping missions.1 the face-to-face and online les-
backgrounds worked together to FPUs have three primary roles in sons to the students’ background.
enhance the training package for peacekeeping missions: main- Among the various lessons analy-
FPU Commanders and Command taining law and order, protecting zed during the two-week session
Staff Teams before deploying them United Nations personnel and were those concerning the preven-
to UN peacekeeping missions. The facilities, and supporting tho- tion of the phenomenon of sexual
group of participants consisted se police operations that requi- exploitation and abuse. This topic,
of IPPOs members, national trai- re a concerted response but do which is extremely difficult to ap-
ners, and United Nations person- not face direct military threats. proach but very important for the
nel who brought their experiences FPUs are composed of police per- United Nations goals, has occu-
to the CoESPU. This resulted in an sonnel from contributing states2 pied the experts at the Pilot Project
interesting working table, whe- and, as it might be expected, the for two days in order to address
re space was given to the wishes training which these police mem- the issue in the best possible way.
and suggestions of all participants, bers receive at home varies from Sexual exploitation and abu-
nation to nation. For this reason, se (SEA) is defined as:
before FPUs are deployed on a «Any actual or attempted abu-
peacekeeping mission, it is im- se of a position of vulnerabili-
74
ty, differential power, or trust, for and the credibility of the institu- simply listen to the lessons. The Pi-
sexual purposes, including, but tions involved. For these reasons, lot work table was concluded with
not limited to, profiting moneta- the Security Council has decided two full days of discussions on how
rily, socially or politically from the to adopt a series of resolutions to to improve learning lessons about
sexual exploitation of another. Si- address the problem of spreading Behavior and Discipline and SEA.
milarly, the term “sexual abuse” of sexual violence in armed con- On the second day, Peace Plan’s
means the actual or threatened flict and post-conflict situations. founding director, Anna Shotton,
physical intrusion of a sexual na- The tools available to the United presented and discussed with par-
ture, whether by force or under Nations to curb the phenomenon ticipants her proposals for revi-
unequal or coercive conditions»3 were mainly legal: punishing tho- sing the UN package for military
This statement was formulated by se guilty of SEA crimes and impro- and police contingent comman-
UN after it became known in the ving the investigation and inquiry ders on Conduct and Discipline
early 1990s that numerous pea- system. In addition, the United Na- and sexual exploitation and abuse
cekeepers had been involved in tions has decided that it is also ad- prevention. In doing so, they tried
cases of abuse, sexual violence, vantageous to invest in the training to develop new and more effective
and exploitation of prostitution of personnel. According to these assessment methods and to grant
against civilians during peaceke- determinations, in every course instructors more freedom to make
eping missions supported by UN for uniformed and non-uniformed decisions about the various exer-
in Bosnia, South Sudan, Cambo- personnel joining the peacekee- cises based on the peacekeeping
dia, Liberia, Sierra Leone, East Ti- ping missions, there are one or missions. In each mission of peace,
mor. This special measure defines more specific lessons about SEA the issues related to behavior and
on purpose the sexual exploitation crimes prevention. The UN has discipline are different and speci-
crime in a much extensive range. offered several types of training: fic, being shaped by the culture of
This definition had indeed to in- Pre-deployment training, initial the local population and by diffe-
clude all the broad and variegated training, and the online training rent factors such as economy and
types of sexual abuse especially program. These training packa- religion. On the first day, they fo-
after numerous cases of violence, ges cover a variety of topics, all cused mainly on training methods
committed by peacekeepers from of which are useful in understan- for commanders, specifically for
several UN personnel members, ding how a peacekeeping mission FPUs and command staff teams,
had been unearthed and registe- works and how to behave in va- by conducting a practical trial and
red. Besides, such a broad de- rious situations. During the FPU Pi- assessing whether it was appro-
finition is also useful in order to lot program, the pre-deployment priate to include the results of it in
prosecute unlawful conduct in the training was revised to include key the future training package. The
various forms in which it may oc- topics such as: Command and Le- exercise is a role play in which FPU
cur in the future. The definition cre- adership, Duties and Responsibili- members must follow pre-planned
ated by UN not only includes every ties, Stress Awareness and Morale, rules. The performed scheme con-
form of sexual exploitation, for- Joint and Combined Operations, cerns a case of sexual exploitation
ced prostitution or related pheno- Use of Force, Arrest and Detention, and abuse. Role-playing is an edu-
mena, such as human trafficking, Decision Making, Mission Reports, cational tool used to visualize and
but also underlines the distinction Designing a Security Plan, Fra- practice different ways of dealing
within the sexual abuse in itself mework of Order. All participants with a situation. In this method,
and the sexual abuse understo- agreed that FPUs need more time each participant assumes a role or
od as an act of violence commit- to learn these topics better, from persona and acts and reacts to si-
ted using non-physical coercion. two to three weeks of instruction. tuations having one who plays the
These deviant behaviors are unac- Similarly, an attempt was made to rape victim and another one who
ceptable to the United Nations, introduce more active and practice reports what the victim has suffe-
whose mission is to protect and exercises, where students are en- red to the staff. The perpetrator is
preserve civilians from conflicts. couraged to actively participate in a member of the FPU and the FPU
Moreover, these abusive beha- the simulated drills to make them commander and the Conduct and
viors undermine the mission itself think and learn faster instead of Discipline Teams (CDTs) must inve-
75
EVENTS
stigate and clarify what happened. notice similarities between us and As per the data6 published by the
This exercise is designed to teach him/her that we did not notice be- United Nations, most of the victims
students how to act in front of a fore this exercise. Improving em- of rapists for SEA crimes are fema-
SEA victim and what procedures to pathy in role-playing is at the he- le and trend is in genera the same
follow according to individual’s re- art of the exercise’s success. When all over the world. This is becau-
sponsibilities and applicable laws. this exercise is done, some parti- se women are sexually objectified
In my opinion, this exercise is also cipants may not be able to empa- in every culture. Objectification
very useful in teaching FPU mem- thize with the “other” immediately, is a form of dehumanization that
bers the seriousness and com- but the process of empathy and turns the individual into an object,
plexity of rape and sexual abuse. humanization occurs over time, a tool, a commodity.7 We speak of
The students play a role, where even at a later time. This, of cour- sexual objectification when the va-
they can identify themselves with se, depends on the background lue of a person coincides with his/
the character, and in doing so they and life experiences of each one.5 her capacity for sexual attraction,
understand what it means to be Putting oneself in the shoes of a without taking into account other
vulnerable, to be a victim of rape. woman or a rape victim and being characteristics of the person. The
This type of exercise is based on treated as such helps to under- person is then seen exclusively as
empathy, helping even those who stand that she, too, has dignity an instrument for the pleasure of
are not in the victim dynamic to un- and feelings and deserves respect others and not as a being capable
derstand his/her perspective even for those reasons, as any human of acting and deciding for him-
in a particular situation they have being does. Certainly, role-playing self. We can observe how in some
never experienced themselves.4 on this particular topic can be ef- commercials, television programs
This kind of exercise stimulates ficient in getting the people in- and newspapers the female body
them to see “the other” more like volved to humanize “the other” often becomes the preferred item
us, to empathize with him/her, to by reducing rape and abuse. of objectification. In this case, wo-
76
men are treated as bodies avai- viors are acceptable and which (2019), Un Doc. A/74/10, pp. 209-210.
lable for the use and pleasure of are not. When individuals reali- 13ICRC, Guidelines for Military Manuals and
others,8 consequently, they can’t ze that their behavior violates the Instructions on the Protection of the Environ-
decide whether or not to have moral standards of society, a set ment in Times of Armed Conflict, 1994, ht-
sexual relations.9 Rape is a con- of psychological sanctions such as tps://www.icrc.org/en/doc/resources/docu-
sequence of the dehumanization shame and guilt arise in them to ments/article/other/57jn38.htm.
of women. Dehumanization and bring the behavior back into line 14 UNGA, Resolution on the United Nations
sexual violence are thus two pro- with the socially accepted moral Decade of International Law, 1994, UN Doc.
cesses that are interrelated: The standards. I believe that an even A/49/323, p. 49-53.
denial of the full human essen- greater focus on social consequen- 15 ICRC, Guidelines on the protection of the
ce abrogates morality and makes ces can greatly enhance the exer- natural environment in armed conflict: rules
the use of violence acceptable.10 cise so that FPUs learn values such and recommendations relating to the pro-
Besides, dehumanization ends up as respect for human life and pro- tection of the natural environment under inter-
justifying violence committed by tection of civilians. This type of ro- national humanitarian law with commentary,
others within one’s own group,11 le-playing is not new in the training 2020, pp. 4-5, https://www.icrc.org/en/docu-
which explains why fellow sol- of UN personnel. It is mainly used ment/guidelines-protection-natural-environ-
diers tend not to report or cover for military exercises to understand ment-armed-conflict-rules-and-recommenda-
for their colleagues who commit how to measure the use of force tions-relating.
SEA. From what has been said, and create security plans. Now it is 16Hulme, The ILC’s Work Stream on Pro-
the exercise/role play designed time to introduce this type of exer- tection of the Environment in Relation to Ar-
by the Pilot specialists is extremely cise also for teaching behavior and med Conflict, in Questions of International
functional in reducing SEA crimes discipline and SEA, as they are so Law, 2016, para. 3, http://www.qil-qdi.org/
because it stimulates FPU empa- intuitive and extremely functional. ilcs-work-stream-protection-environment-rela-
thy: an extremely effective means tion-armed-conflict/.
in reversing the effects of uncon- note 17ILC, Draft, cit., p. 215.
scious dehumanization in relation 18 ILC, Draft, cit., p. 216.
to female objectification. The exer- 1UNGA, Resolution 174(II) of 21 November 19Pantazopoulos, Protection of the environ-
cise has been conducted on a trial 1947, UN Doc. A/RES/174(II). ment during armed conflicts: An appraisal of
basis in the past with a group of 2Paragraph 1, article 1, Statute of the In- the ILC’s work, in Questions of International
FPU commanders and command ternational Law Commission, UN Doc. A/ Law, 2016, para. 2.1, http://www.qil-qdi.org/
staff teams. According to the per- RES/174(II). protection-environment-armed-conflicts-ap
son who witnessed the exercise, 3Paragraph 2, article 1, Statute of the In-
the involved police officers per- ternational Law Commission, UN Doc. A/ Erica Rubiu
formed the exercise with good re- RES/174(II).
sults, only some of them refused 4Sreenivasa Rao, International Law Commis- CoESPU Intern, Cagliari University
to act being too embarrassed. sion, in Max Planck Encyclopedias of Interna-
In my opinion this role-play exer- tional Law, 2017, para. A-3.
cise could be extended including 5Paragraph 2, article 18, Statute of the In-
also to the local population and ternational Law Commission, UN Doc. A/
the international press members RES/174(II).
which are in the field every day. In 6Sreenivasa Rao, International, cit., para. C-2.
fact, witnessing and living them- 7Sreenivasa Rao, International, cit., para. C-1.
selves on their own skin the con- 8Article 23, Statute of the International Law
sequences that the victim and the Commission, UN Doc. A/RES/174(II).
perpetrator will experience and the 9Gasser, International Committee of the Red
reaction of the perpetrator’s col- Cross (ICRC), in Max Planck Encyclopedias of
leagues when they learn that this International Law, 2016, paras. A-B.
‘happened’, could be very useful. 10Ronzitti, Diritto Internazionale, Giappichelli
Societies are governed by a set of (ed.), 2019, p. 510.
rules that determines which beha- 11Gasser, International Committee of the Red
Cross (ICRC), in Max Planck Encyclopedias of
International Law, 2016, paras. D-H.
12ILC, Draft Principles on the Protection of the
Environment in Relation to Armed Conflicts
77
EVENTS
3RD ANNUAL FPU COMMANDERS WORKSHOP
DECEMBER 12TH – DECEMBER 16TH, 2022
In the framework of the action points agreed between the United Nations DPO/Police Division and
the Center of Excellence for Stability Police Units, the CoESPU hosted the 3rd Annual FPU Comman-
ders Workshop, a 5-day activity planned and organized by the United Nations Police Division, aimed at
increasing the performance and the effectiveness of FPUs in their efforts to pursue Missions Manda-
tes. The initiative was attended by 19 FPU Commanders currently serving in UN Peacekeeping Missions.
78
79
C ESPUOCOESPU TRAINING TRAINING
80
81
COESPU TRAINING
16TH ASYMMETRIC THREAT COURSE
OCTOBER 10TH – OCTOBER 21TH, 2022
16TH INTERNATIONAL MILITARY POLICE COURSE
DECEMBER 5TH – DECEMBER 16TH, 2022
82
7TH UN CORE PRE-DEPLYMENT TRAINING MATERIAL COURSE &
3RD FPU COMMAND STAFF COURSE (RWANDA NATIONAL POLICE)
DECEMBER 5TH – DECEMBER 23TH, 2022
83
AROUND THE WORLD
AROUND THE WORLD
DALLAS (TX, USA)
OCTOBER 17TH, 2022
Dallas (TX, USA). Training, networking and exhibit hall education were the three features of the 2022 In-
ternational Association of Chiefs of Police (IACP) Annual Conference and Exhibition, which is consi-
dered as the largest and most impactful law enforcement event of the year, with more than 16,000 pu-
blic security professionals attending to learn new techniques and advance their knowledge and careers.
During the 4-day event, BG Giovanni P. Barbano, CoESPU Director, together with UNPOL re-
presentatives, delivered a presentation focused on the Strategic Guidance Framework for In-
ternational Policing (SGF) and the Training Architecture Program, highlighting how the CoE-
SPU and the International Association of Peacekeeping Training Centres (IAPTC) cooperate with
United Nations Police - UNPOL to develop, implement and disseminate its doctrine and training standards.
86
DHAKA (BANGLADESH)
OCTOBER 30TH – NOVEMBER 4TH, 2022
The 26th Annual Conference of IAPTC, the International Association of Peacekeeping Training Centres, took
place in Dhaka, at the Bangladesh Institute of Peace Support Operations Training (BIPSOT) from 31 October
to 4 November 2022. Subject Matter Experts from all over the world discussed about “Peace Operations in the
Digital Era – Opportunities and Challenges for the Global Training Community”. In particular, Brig. Gen. Gio-
vanni Pietro Barbano, CoESPU Director and Executive Committee Member of the IAPTC as Chair of the Police
Board, in the framework of the Session 3 focused on “Digital Transformation: Perspective from the Training
Communities”, delivered a presentation on the Opportunities & Challenges Identified by the Peacekeeping
Training Institutions from the Police perspective. The Annual Conference was attended by a total of 237 experts
(including 38 members of the police/gendarmerie corps and 8 civilians) coming from 52 different countries.
Before the IAPTC Annual Conference, on October 30, the Bangladesh National Police hosted the United Nations
Police Day, an important side event under the aegis of United Nations Police. BG Barbano delivered a speech, in his
capacity of both IAPTC Executive Committee Police Chair and CoESPU Director, in the opening session, along with
the Bangladesh Minister of Home Affairs and the Inspector General of the National Police. In his dissertation, BG
Barbano addressed the major current Police Peacekeeping challenges and achievements. In this occasion, inter alia,
he informed, among participants’ applauses, that Rwanda National Police joined for the first time the Association.
87
AROUND THE WORLD
WASHINGTON DC (USA)
DECEMBER 8TH, 2022
Semi-Annual Talks, Winter Session: CoESPU attended meetings with the U.S. Department of State and the
U.S. Department of Defense (DoD) in Washington D.C. to discuss ways to further enhance cooperation in the
areas of training, research, and doctrine development, as well as the improvement of the Alumni Program.
88
WASHINGTON DC (USA)
DECEMBER 8TH, 2022
At the Italian Embassy in Washington DC, the PKSOI, Peacekeeping & Stability Operations Institu-
te, and the CoESPU signed a Joint Statement on Cooperation, in the framework of the Memorandum
of Understanding between the Italian Ministry of Defense Ministero della Difesa and the U.S. Depart-
ment of Defense (DoD), signed in 2014. The Joint Statement concerns the identification and implemen-
tation of joint and combined training and education activities sustaining Peace Support Operations.
89
AROUND THE WORLD
NEW YORK (USA)
DECEMBER 9, 2022
In the premises of the Italian Permanent Mission to the UN in NYC, as per tradition, periodi-
cal consultations between the United Nations, the Italian Defense Staff, represented by the De-
fense Attaché and Military Adviser of the Italian Permanent Mission to the UN, Carabinie-
ri MG Fabrizio Parrulli, and the CoESPU, in the persons of the Deputy Director, COL (U.S. Army)
William Daniel, and the Head of Studies and Research Department, COL Nicola Bianchi, took place.
90
91
ONSITE VISITS
COESPU ONSITE VISITS
92
93
ONSITE VISITS
GEN. DAN MUNYUZA, RWANDA NATIONAL POLICE INSPECTOR
GENERAL
94
OCTOBER 10TH, 2022
VISIT TO COESPU FROM GEN. DAN MUNYUZA, RWANDA NATIONAL POLICE INSPECTOR GENERAL,
ESCORTED BY LT. GEN. MAURIZIO D. MEZZAVILLA, CARABINIERI DEPUTY COMMANDING GENERAL, IN
THE WAKE OF THE VERY FRUITFUL COOPERATION BETWEEN THE TWO ENTITIES, BORN FROM THE SI-
GNING OF A MEMORANDUM OF UNDERSTANDING IN JANUARY 2017.
95
NEWS
Over the years, CoESPU activities have been constantly progressing thanks to
the collaboration with an ever larger number of universities and international
institutions. We have now decided to reap the fruits of so much hard work by crea-
ting a special edition to our “CoESPU Magazine”: the Advanced Studies, a digital
bi-annual scientific journal publishing the finest research by eminent authors and
scholars in the field of Stability Policing, and other related matters. To download or
browse it: www.coespu.org/magazine/advanced-studies-vol-1-2022. Enjoy it!
STAY TUNED!
96
97
SOCIAL MEDIA
follow us on social media
coespu.org
facebook.com/coespu
linkedin.com/school/coespu
twitter.com/COESPU_News
[email protected]
98
SOCIAL MEDIA
Center of Excellence for Stability Police Units -Sub Iure ad Pacem tuendam Milites paro The 3 - 2019
CMoEASGPAUZINEThe online quarterly Journal of Stability Policing
ININPTEEARCNEATOIPOENRAALTIPORNOSTECTION OF HUMAN RIGHTS
ThLeeUaPNrrnoPitOnegc&ttihoIenntleoarfnnHgaRutaiiongneUaNolfLPahOwumEvaonluritgiohntsthrough Continuity
PeRaTEcHLeAEkTEeEVeDpOiTLnUOgTWPIEOitAhNCinOEtFKhETeEHBPEoIuINNnGdTaMErRiIeNSsASoTIfOIIONnNtS.ALaLwLAW
The Future of Peacekeeping from the EU Prospective
ÿ74($123425ÿ78ÿ9:;2<<23;2ÿ875ÿ=4>?@<@4AÿB7<@;2ÿC3@4DÿEFGHÿJGKLÿMNÿOMPLQÿRGLSNMQÿTUVURLWÿXMKY 0ÿ2ÿ0303
"6
964($ÿ" $ÿ[ #&$# .ÿ\" # ÿ"*ÿ &' &.ÿ " ,
+%5.,"2ÿ4 (0 5 2ÿ ÿ 2 6 &ÿ 945 #ÿ5 6 ÿ 5 8ÿ, ! 2% 6+ÿÿ ÿ8ÿ7% ÿ9%949. ÿÿ 7,
5 ÿ4 2# 6"ÿ8 4
96 94 7
ÿ#! ÿ ( ÿ
ÿ7& "ÿ$
8 4&& 8 !) % %8ÿ "49"ÿ6 % 9 $ÿ7 ÿÿ!6$ 8 ÿ8%ÿ'4ÿ4ÿ* & " /"
"ÿÿ6#, 9ÿ ÿ72 $ ÿ $%6"9ÿ 7%"8 %
ÿ* "++
ÿ69 &
ÿ $+78 ÿ ÿ& &+6ÿ"&($6 46"$ #ÿ#ÿÿ
&6#6&ÿ"89 4&( , 6 6ÿ$$
# ÿ 67 -$ÿ9&(+ 6.$ ÿÿ95+ / 4$ #
9ÿ+6%"744 &ÿ(ÿ
668
7$ & 8 ' ÿ! 9ÿ &!96& 8 6 "6 ", 7 4ÿ ÿÿÿ 4ÿ'
4 ÿ6ÿ8ÿ ÿ
ÿ ÿ &9ÿ $ ÿ9 6ÿÿÿ ÿ
ÿ 4ÿ ÿ ÿ
48 6
8
9
Visit: www.coespu.org
We welcome your contributions!
Should you wish to collaborate with our
Magazine, please send your articles, tales or pictures from the field to
[email protected]
99
The words you are searching are inside this book. To get more targeted content, please make full-text search by clicking here.
The CoESPU Magazine - the online quarterly Journal of Stability Policing no. 4-2022
Discover the best professional documents and content resources in AnyFlip Document Base.
Search