Part I(A)(1)—Law and Policy: Content
of Rules Relevant to Officer Training—
Parameters and Basic Principles
This section of the book aims to strike a balance between two possible extremes. On the one hand, it must be sufficiently detailed to fulfil its primary aims: a) to provide a reference resource that can be used in the preparation of relevant training materials for officers at different levels, and b) to provide a source of guidance for officers on particular legal problems concerning the treatment of children. It is therefore too detailed to form, in itself, a training manual, and is not intended to be such.1
On the other hand, the rules presented in this section will not be analysed in great academic depth. This is because, firstly, this body of law is examined here only as it relates to military training. Officers of national armed forces do not generally require a comprehensive grasp of the finer points of international law concerning children, but rather a practical working knowledge of the main pertinent principles.2 Secondly, thorough analyses of this body of law already exist3 and there is no need to 're-invent the wheel'. That said, some of the material presented below is new, eg in relation to the jurisprudence of the ICTY and the ICTR (see Chapter Five).
As regards the parameters of the discussion in this section, it is worth noting that the discussion generally includes both IHL and human rights law. These bodies of law do overlap to some extent4 in that, eg, human rights law applies particularly in conflict situations that fall below the level of armed conflict, but that threshold can be difficult to determine.5 Thus, military personnel may sometimes be deployed in situations where the categorisation of the conflict is vague or in dispute—eg the government of the country concerned categorises it as civil unrest or rioting (in which case human rights law would generally apply), while others in the international community categorise the particular conflict as a non-international