‘It is essential that there is a reliable quick-response force capable of responding to any emergency calls for assistance. Whoever that security agency is – police, army or private contractor – it should conduct a thorough survey of the facility and be shown the exact location of the safe room so their procedures can be comprehensively planned.’
Chris says the room must contain the following:
• At least two methods of communication – a telephone of some sort (landline, mobile or satellite) and walkie-talkies or two-way VHS radio if possible. Note that satellite phones and some radios will not work inside, so antennas will need to be ‘remoted’ to the outside to maintain a strong signal.
• A good supply of water.
• Non-perishable food (tins, dried fruit, etc.).
• Medical pack.
• Radio – for news, information and entertainment.
• Sleeping bags and blankets.
• Fire-fighting equipment.
• Personal protective equipment: body armour, helmets,
eye-protection and gas masks.
• Reading material.
• Torches and spare batteries.
• Bucket and tissues in case you are there longer than expected, or someone gets caught short.
/THE LAW OF THE LAND
Never go in blind. Don’t move until you know everything about where you are going. Leith Mushtaq
Getting to know your destination starts with understanding the culture, but then you have to learn the laws of the country. And finally, there’s international law.
You probably break laws every day where you are right now. I do. I have stuffed my pockets full of bacon on flights back to Doha on more than one occasion. I drive far too fast, and badly. And I drink when I shouldn’t. Not proud, not clever.
These are rules I reckon I can get away with most of the time in a place where the rules are relatively stable. In a less forgiving place – one where the rules are changing all the time, or where there are none at all – breaking those rules could get you chucked in jail for some time, or even executed.
If there are any rules at all in a war zone, they are often made up on the spot. Wherever you are going, one of the most important things you need to do in preparation for arrival is to get a basic grasp of any awkward laws. Something as simple as failing to carry your correct ID card around can be an excuse for authorities to slam you in jail just to keep you ‘out of trouble’ for a while.
Tom Hudson has done many an extra hour’s stag (watch) for me while I slept my watch out in the frozen woods during army training. We were in the same troop at Sandhurst, and he shared his sleeping bag with me when mine was wet. He used to work as a lawyer for Linklaters, and is now the legal counsel for a Middle East security company that provides services in Iraq, Afghanistan and other ‘hostile’ environments. He offers the following expert advice.
/HOW TO AVOID BREAKING THE LAW IN A WAR ZONE
War zones, by definition, can seem entirely lawless, so describing the legal position might seem hypothetical at best. However, there is a complex matrix of laws that might apply to any war zone. Understanding these is a surprisingly difficult but key step.
The ‘law of war’ is considered a part of public international law. It’s a broad body of law concerning everything from acceptable justifications to engage in war (jus ad bellum) to the limits of acceptable wartime conduct (jus in bello). Humanitarian law plays its part. And, as ‘modern’ warfare evolves, the convergence and overlap with criminal law and civil law becomes more apparent.
Given the varied nature of people’s roles, territories and actions, the information here will not be a comprehensive guide as to what one can and can’t do. But it should get you asking the right sort of questions and give some pointers as to what law might apply to you.
Military personnel
If you are in the military, you will be well aware of military law. Taking the position of British soldiers as an example, the Military Criminal Justice System is seen as an essential part of the British Army, both at home and abroad. The Adjutant General has said that ‘it often serves where there is no law or where UK standards of law and justice are not applied. Self-regulation is therefore a prerequisite for military operations.’
The overview provided by the Armed Forces Bill Team serves as a useful summary of the legal position for the British military in war zones: ‘UK courts cannot generally try offences which are committed outside the UK. The Service system of law ensures that, as far as possible, Service personnel are dealt with by a familiar system if they commit an offence when serving overseas. They can expect a consistent and fair hearing wherever they find themselves. Without such a system, they would be dealt with under the law of the country in which they are serving or escape justice altogether. At a practical level this means that they are dealt with in a language they understand. They are also dealt with fairly by a system judged to be fully compliant with the European Convention on Human Rights (ECHR).’
A soldier will have to be cognisant of his position under military law in addition to his position under civilian law.
In September 2009, Steven Green, accused of raping and murdering an Iraqi girl, became the first former soldier to be prosecuted in the United States for crimes committed overseas. Had he been sentenced to execution, he would have been the first American soldier ever tried for war crimes in a civilian court to receive that sentence, but he was given life imprisonment instead.
Government contractors
Aside from the military, much public attention has focused on armed private security contractors. The legal treatment of the Blackwater contractors who were accused of killing 17 Iraqis in Baghdad’s Nisour Square in September 2007 caused an international media storm.
According to a December 2009 report to Congress, the US Department of Defense (DoD) workforce in Iraq and Afghanistan comprises roughly comparable numbers of contractors (218,000) and uniformed personnel (195,000). But it is estimated that less than 10 per cent are security contractors, and the rest are doing just ordinary jobs, working as electricians, engineers, canteen staff and suchlike.
Paul Bremer, head of the Coalition Provisional Authority, controversially signed Coalition Provisional Authority Order 17, which stated that ‘Contractors shall not be subject to Iraqi laws or regulations in matters relating to the terms and conditions of their Contracts.’ It provided effective ‘immunity’ for contractors in the eyes of the Iraqis for them to do what they wanted.
In late 2008 a new law was approved by the Iraqi government, and Bush’s announcement of it was made more famous by a displeased Iraqi journalist throwing a shoe at him. It was agreed that ‘Iraq shall have the primary right to exercise jurisdiction over United States contractors and United States contractor employees’, so US contractors working for US forces would be subject to Iraqi criminal law. If US forces committed ‘major premeditated felonies’ while off duty and off base, they would be subject to the still undecided procedures laid out by a joint US–Iraq committee. However, the agreement is not totally clear and the immunity question is still being talked about.
Contractors are also subject to international laws, such as the Geneva Convention. This refers to ‘supply contractors’, which could include defence and private military contractors. Provided they have a valid identity card issued by the armed forces that they accompany, they are entitled to be treated as prisoners of war if captured. If they are found to be mercenaries, they are unlawful combatants and lose the right to prisoner of war status. This means that US contractors to the coalition forces in Iraq are subject to three levels of law – international, US and Iraqi.
Other commercial companies
There are many difficult aspects to operating a commercial company in a war zone. Among those that foreign nationals working for them should be aware of are the international anti-corruption measures, which will still be applicable to them. Perhaps the best known, thanks to rigorous enforcement and h
efty fines, is the US Foreign Corrupt Practices Act (FCPA), but there are also measures laid down by the Organization for Economic Cooperation and Development (OECD) and UN conventions. The UK Bribery Act (in effect since April 2010) is an interesting development as the UK has been relatively poor at investigating and prosecuting corruption offences in the past. This new law is wider in scope than the piecemeal ones it replaced, and it has extra-territorial reach.
Some of the red flags one should look out for as an employee working for commercial companies are requests for cash payments, requests for payments to third parties or offshore, requests for hospitality for government officials, or in fact any request if you are in a country with a reputation for corruption. The penalties can be quite substantial. Under the new British Act, for example, individuals guilty of one of the principal offences are liable on conviction to imprisonment for up to 10 years, or a fine, or both. If a deal ‘smells wrong’, it probably is, so it’s best to seek legal advice.
Journalists
In areas of conflict journalists are considered civilians under Additional Protocol I of the Geneva Conventions, provided they do not do anything or behave in any way that might compromise this status, such as directly helping a war, bearing arms or spying. Every journalist should ensure that they are not put in a compromising situation in relation to any of these things. A deliberate attack on a journalist that causes death or serious physical injury is a major breach of this Protocol and deemed a war crime.
Journalists should also note in what capacity they are travelling to a country in terms of Employment Law. Are they considered an employee or are they freelancing? Some media corporations have been criticized for preferring freelancers in order to save money or abdicate themselves of legal responsibility.
Medics
The First Geneva Convention of 1864 established that a distinctive emblem should be worn by medical personnel on the field of battle as an indication of their humanitarian mission and their neutral status. This is still the case today, and whether you’re wearing the Red Cross or the Red Crescent, make sure it’s visible to afford yourself this protection.
And a final thought from Tom… ‘Before travelling to any hostile environment, spare some thought for your legal position there and what laws apply. Remember, though, that the “rule of law” is often the very thing being fought for, so don’t expect it always to be upheld.’
/WHEN TO LEAVE
James Brandon, a journalist who was kidnapped in Iraq in 2004, offers the following advice: ‘Deciding when to leave a war zone is as important as deciding when to arrive. Many people are killed or kidnapped because they stay too long. Typically, people arrive in war zones feeling wary, suspicious and paranoid. In many cases, however, they become more relaxed the longer they are there. Danger becomes so omnipresent that people sometimes become fatalistic (“Everybody dies one day” is a typical refrain you hear in war zones). For example, a person new to a war zone might estimate the chances of being killed while doing such-and-such activity and decide that if the odds of getting killed are more than 1–1000, they won’t do it. But after a few months they might say that a 1–50 chance of being killed on a particular mission is “do-able”. A few more months, however, and a 50:50 chance of being killed starts to look like playable odds. That’s when it’s time to leave.’
It might seem strange to plan your exit before you arrive, but for the sake of friends, family and your own sanity, it is a very good idea.
YOUR GRAB BAG MUST INCLUDE…
/GRAB BAG
Also known as a ‘sac d’evac’ or ‘crash bag’, this is the bag you will grab when the bombs are raining down and you head to a bomb shelter. It is the only thing you will have with you if you are evacuated in a rush. It is the one bag you will put in a safe or a friend’s hotel room if you think someone uninvited might be coming into yours when you pop out for dinner later.
Nick Toksvig recalls how important this bag can be: ‘During the Russia–Georgia conflict, a car with four Sky News people was stopped by armed men. They were forced out and the car was stolen. Inside was their luggage and camera equipment. One guy had got out with his shoulder bag still around his shoulders. It contained money, passport and water. It got them out of there.’
A grab bag is not optional. Everybody needs one. It can be as small as a bum bag, but it had better be bloody good. The stuff you put in there can save your life. You should check it every evening before you go to bed. You should put chargers and passports straight back into their assigned pocket the moment you have used them. You might also decide to put a packet or two of cigarettes in there, or a book; you’ll have your own priorities.
I went into Baghdad with a backpack full of ugly baggy clothes, a book about Iraq by Dilip Hiro, a lot of tampons, a very good Berlitz Arabic phrasebook, a head-torch, a corkscrew/bottle opener (I never travel anywhere without a corkscrew) and a couple of hundred dollars. They all came in useful at one time or another. Having been in the army, I am pretty good at packing a lot into a small space.
I thought I was well prepared, but if I had thought for a bit longer, there was so much more I could have done to help my journey. It is better to carry more than less if you can. The most experienced people in war zones tend to come with a house-load of stuff and then dump it all in an emergency. Of course, the amount you take also depends on your mode of transport. The not-so-funny stories I have heard about people getting killed on the way to buy a razor, or getting pregnant because all the local condoms were out of date should be a lesson to all.
On top of these essentials there are some other bits and bobs I always take along on any trip to make life a little easier:
• Baby wipes – several different brands so that no particular smell becomes associated with a bad time. If that happens, it will limit your choices next time.
• Couple of sarongs – as quick-dry towels, emergency headscarves, skirts (manly ones too, as per David Beckham), dresses, cover-ups, pillows, curtains, extra blankets, useful medical equipment for bandaging and tying on splints, and a crucial layer between you and dirty, smelly hotel sheets when you need one.
• Space blanket – useful to stay warm, and the orange-gold side can be used as a signal (that colour doesn’t occur naturally in the wilderness). Plus, they fold to the size of a hankie.
• Hot-water bottle – can be your best friend in a cold climate. Boil up your water, wait 30 seconds, then pour it into the hot-water bottle. When you wake up in the morning you have water that is safe to drink and at body temperature rather than freezing cold.
And, depending on where you are travelling, some other useful things that can be difficult to find in a hurry should also go in your bag:
• Tin opener
• Duct tape
• String
• Bin bags
• Puritabs/water sterilizing tablets
• Toilet paper
• Vaseline or the cure-all Australian remedy Lucas’ Pawpaw Treatment
• Tweezers
• Eyedrops
• Soap
• Candles
• Washing liquid
• Sewing needles (of different sizes) and thread
Whether you are a girl or a boy, there are some quick lessons to learn about underwear under fire. You need to be able to get up and go straight from your bed to the fire escape if necessary. Leave your posh pants at home. Stefanie Dekker, an Al Jazeera English producer, remembers: ‘I was in Kurdistan and in most of the hotels guys do the laundry. I put all my pretty G-strings in the laundry and came back to my room to see them lined up, drying on my windowsill. Then two guys arrived at my door, one of them from the laundry, big grins on their faces: “Anything else you need, madam?” It felt very awkward. Now I travel with only big pants.’
Stefanie also notes: ‘Remaining professional-looking can be a struggle when there is little water to wash with for weeks on end. I usually take dry shampoo with me. It is a powder spray, which absorbs all
the dirt and gives your hairdo a little extra oomph. It’s like a shower in a can!’
Optional extras
There are plenty of other optional extras, not so much for your grab bag, but equally important for remaining safe and sane. Here are some tips from the top.
‘Good pair of sunglasses.’ Shelley Thakral, senior producer, BBC World
‘iPod – being able to take photos of family and music on my travels has changed my life.’ Jon Snow, chief news presenter, Channel 4
‘Books – lots of them. Also cigars and good whisky.’ John Simpson, world affairs editor, BBC News
‘Plenty of aspirin and painkillers.’ Subina Shrestha, journalist and film-maker
‘Cheque book. This works a treat with the hawala system [an informal money-loaning system based on honour and found mainly in the Arab world]. Go to a money-changer and write a cheque – just the sterling amount and a signature are required; the payee and date are left blank – and you are given the equivalent in US dollars. The system works across south Asia and much of the Arabic world.’ Ian Mackinnon, freelance journalist
‘Penicillin, two passports and a means of communication.’ James Brabazon, journalist and documentary film-maker
‘Booze – great for winding down after a day of human suffering and hopelessness. Also Vegemite – it makes anything taste better.’ Laura Tyson, former media officer, Department for International Development
‘Sat nav and maps, but leave the sat nav behind if you are off to somewhere sensitive. Small generator that produces 220 volts of electricity. Gifts to win people over: chocolate is great for kids, while small solar-powered panels to charge mobiles are cheap and priceless to adults. Camelbak-style water container. Torches with plenty of batteries for when the electricity is down.’
How to Avoid Being Killed in a War Zone Page 4
