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Sunday, 15 July 2012 - Exclusive: Red Cross ruling raises questions of Syrian war crimes |
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    Read more with google mobile : Exclusive: Red Cross ruling raises questions of Syrian war crimes |

      Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Legal Deals Earnings Social Pulse Business Video The Freeland File Aerospace & Defense Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Election 2012 Campaign Polling Tales from the Trail Political Punchlines Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Social Pulse Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Bernd Debusmann Nader Mousavizadeh Lucy P. 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See the best of Reuters photography.  See more | Photo caption  Inside San Quentin A look inside San Quentin prison, California's oldest correctional facility and home to the state's only gas chamber.  Slideshow  When lightning strikes Dramatic images of electrical storms.  Slideshow  Exclusive: Red Cross ruling raises questions of Syrian war crimes Tweet Share this Email Print Related News World outrage at Syria "massacre", but no action Fri, Jul 13 2012 Over 200 massacred in Syrian government forces attack: activists Thu, Jul 12 2012 Rape, assault are weapons of war in Syria: rights group Wed, Jul 11 2012 Annan says Iran must be player in Syria crisis talks Tue, Jul 10 2012 Annan and Assad agree political approach for Syria Mon, Jul 9 2012 Analysis & Opinion Republicans seek drama on Obamacare future Why the world needs an arms treaty Related Topics World » Syria » 1 of 2. Demonstrators protest against Syria's President Bashar al-Assad after Friday Prayers in Houla near Homs July 13, 2012. Placard read,''Kofi Annan get out of Syria''. Credit: Reuters/Shaam News Network/Handout By Stephanie Nebehay GENEVA | Sat Jul 14, 2012 3:42pm EDT GENEVA (Reuters) - The Red Cross now views fighting in Syria as an internal armed conflict - a civil war in layman's terms - crossing a threshold experts say can help lay the ground for future prosecutions for war crimes. The International Committee of the Red Cross (ICRC) is the guardian of the Geneva Conventions setting down the rules of war, and as such is considered a reference in qualifying when violence has evolved into an armed conflict. The independent humanitarian agency had previously classed the violence in Syria as localized civil wars between government forces and armed opposition groups in three flashpoints - Homs, Hama and Idlib. But hostilities have spread to other areas, leading the Swiss-based agency to conclude the fighting meets its threshold for an internal armed conflict and to inform the warring parties of its analysis and their obligations under law. "There is a non-international armed conflict in Syria. Not every place is affected, but it is not only limited to those three areas, it has spread to several other areas," ICRC spokesman Hicham Hassan told Reuters in response to a query. "That does not mean that all areas throughout the country are affected by hostilities," he said. The qualification means that people who order or commit attacks on civilians including murder, torture and rape, or use disproportionate force against civilian areas, can be charged with war crimes in violation of international humanitarian law. For most of the 17-month-old conflict, the ICRC has been the only international agency to deploy aid workers in Syria who deliver food, medical and other assistance across frontlines. All fighters caught up in an internal armed conflict are obliged to respect international humanitarian law, also known as the law of armed conflict, according to the ICRC. This includes specific sections of the 1949 Geneva Conventions. "What matters is that international humanitarian law applies wherever hostilities between government forces and opposition groups are taking place across the country (Syria)," Hassan said. "This includes, but is not necessarily limited to Homs, Idlib and Hama." Andrew Clapham, director of the Geneva Academy of International Humanitarian Law and Human Rights, said the ICRC assessment of the conflict, which he shared, was important. "It means it is more likely that indiscriminate attacks causing excessive civilian loss, injury or damage would be a war crime and could be prosecuted as such," Clapham told Reuters. Syrian President Bashar al-Assad said in a speech on June 26 that his country was in a state of war. RULES OF WAR The rules impose limits on how fighting may be conducted, so as to protect civilians and ex-combatants not taking part in the hostilities. They require the humane treatment of all people in enemy hands and the duty to care for the wounded and sick. It also means parties to the internal conflict are entitled to attack military targets, but not civilians or civilian property. U.N. observers entered the central Syrian village of Tremseh on Saturday, two days after activists said about 220 people had been killed there by helicopter gunships and militiamen, prompting international outrage. Amnesty International said on Friday some rebel fighters were committing rights abuses although they paled in comparison to the government's campaign of violence. The ICRC uses the term "non-international armed conflict" as it reflects the wording in common article 3 of the Geneva Conventions applying to situations such as Syria. "The term 'civil war', which is used by some as a synonym for internal armed conflict or non-international armed conflict, has no legal meaning as such," Hassan said. The ICRC's three criteria of a non-international armed conflict are the intensity and duration of fighting, and the level of organization of rebels fighting government forces. In early May, the agency said Syrian rebels represented an "organized" opposition force and there were localized conflicts in Homs and Idlib, later adding Hama to its list. In contrast, the ICRC was quick to describe last year's conflict in Libya as a civil war, once rebels had set up a headquarters and a command and control structure. In areas of Syria which are outside of the hostilities but also hit by violence linked to civilian demonstrations, international human rights law - which bans extrajudicial executions, torture and arbitrary arrests - continues to apply, according to the agency. "In particular, measures taken against such demonstrations with the purpose of restoring order must respect international law and standards governing the use of force in law enforcement operations," Hassan said. (Reporting by Stephanie Nebehay; Editing by Sophie Hares) World Syria Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (1) steve778936 wrote:   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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