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The legal protection for educational facilities and institutional premises in the event of international or non-international armed conflict

Lewis, David (2008)
Department of Law
Abstract
If as Hersch Lauterpact stated in the most overly quoted Humanitarian Lawyers phrase in Oppenheim's International Law, International Humanitarian Law lies at the vanishing point of International Law, then I would posit that it is only the continuance of education particularly education in LOAC that prevents it from vanishing altogether. The preservation of the buildings housing that education are a start towards achieving a comprehensive respect for and sustenance of education in time of armed conflict. In examining the Law of Armed Conflict and Education there are two approaches that may be employed 1.The first method and the approach that is most often written about by academics and practitioners is the means of implementing... (More)
If as Hersch Lauterpact stated in the most overly quoted Humanitarian Lawyers phrase in Oppenheim's International Law, International Humanitarian Law lies at the vanishing point of International Law, then I would posit that it is only the continuance of education particularly education in LOAC that prevents it from vanishing altogether. The preservation of the buildings housing that education are a start towards achieving a comprehensive respect for and sustenance of education in time of armed conflict. In examining the Law of Armed Conflict and Education there are two approaches that may be employed 1.The first method and the approach that is most often written about by academics and practitioners is the means of implementing international humanitarian law through LOAC or Human Rights specific education and training in peace and in armed conflict. This education is pursuant to the States obligation as spelled out in the last part of Geneva I-IV, GP1, and, GP2 combined with the obligation to respect and ensure respect of the conventions in all circumstances. This research focuses on the best ways to achieve fulfillment of the legal obligation to provide LOAC education and awareness and how to best organize and administer LOAC education and the methods to cater teaching towards the needs of civilian or military audiences. It does not address the protection that is available for the education itself and the persons and facilities involved in providing it. 2.The second methodology upon which this thesis will predominantly be based is to look as to whether International Law as a whole has created a special status and/or resulting protection for the entire spectrum of education in time of armed conflict. It also evaluates whether certain types of education have the possibility to have special or enhanced protections above the protective norms for standard education. This second approach highlights and looks at the different types of legal protection available for different and diverse forms of education in International law. This second approach examines the substance of the law as it applies to any form of protection for education and is not just limited to the LOAC specific education as in the first approach. This second approach reaches not only into the Geneva and Hague Law and human rights in armed conflict but also goes beyond to what is called New York Law or those other laws that may be applicable in war that do not fall within the ambit of the traditional areas of LOAC or HRL. These laws particularly some of the UNESCO treaties may often be pertinent to protecting education in war that are beyond the scope of international humanitarian law or human rights in armed conflict. The first approach focuses on how to provide and implement LOAC education while this second approach defines how to achieve protection for all facilities, persons, education and educational content during hostilities regardless of type of education or recipients. In connection with this comprehensive second approach the present thesis will be confined examination the legal protections available for all types of educational facilities or the institutional premises hosting education in situations of international and non international armed conflict. (Less)
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author
Lewis, David
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law
language
English
id
1555333
date added to LUP
2010-03-08 15:23:24
date last changed
2010-03-08 15:23:24
@misc{1555333,
  abstract     = {If as Hersch Lauterpact stated in the most overly quoted Humanitarian Lawyers phrase in Oppenheim's International Law, International Humanitarian Law lies at the vanishing point of International Law, then I would posit that it is only the continuance of education particularly education in LOAC that prevents it from vanishing altogether. The preservation of the buildings housing that education are a start towards achieving a comprehensive respect for and sustenance of education in time of armed conflict. In examining the Law of Armed Conflict and Education there are two approaches that may be employed 1.The first method and the approach that is most often written about by academics and practitioners is the means of implementing international humanitarian law through LOAC or Human Rights specific education and training in peace and in armed conflict. This education is pursuant to the States obligation as spelled out in the last part of Geneva I-IV, GP1, and, GP2 combined with the obligation to respect and ensure respect of the conventions in all circumstances. This research focuses on the best ways to achieve fulfillment of the legal obligation to provide LOAC education and awareness and how to best organize and administer LOAC education and the methods to cater teaching towards the needs of civilian or military audiences. It does not address the protection that is available for the education itself and the persons and facilities involved in providing it. 2.The second methodology upon which this thesis will predominantly be based is to look as to whether International Law as a whole has created a special status and/or resulting protection for the entire spectrum of education in time of armed conflict. It also evaluates whether certain types of education have the possibility to have special or enhanced protections above the protective norms for standard education. This second approach highlights and looks at the different types of legal protection available for different and diverse forms of education in International law. This second approach examines the substance of the law as it applies to any form of protection for education and is not just limited to the LOAC specific education as in the first approach. This second approach reaches not only into the Geneva and Hague Law and human rights in armed conflict but also goes beyond to what is called New York Law or those other laws that may be applicable in war that do not fall within the ambit of the traditional areas of LOAC or HRL. These laws particularly some of the UNESCO treaties may often be pertinent to protecting education in war that are beyond the scope of international humanitarian law or human rights in armed conflict. The first approach focuses on how to provide and implement LOAC education while this second approach defines how to achieve protection for all facilities, persons, education and educational content during hostilities regardless of type of education or recipients. In connection with this comprehensive second approach the present thesis will be confined examination the legal protections available for all types of educational facilities or the institutional premises hosting education in situations of international and non international armed conflict.},
  author       = {Lewis, David},
  keyword      = {International Human Rights Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {The legal protection for educational facilities and institutional premises in the event of international or non-international armed conflict},
  year         = {2008},
}