International Humanitarian Law

International Humanitarian LawNon-international armed conflicts are those restricted
 to the territory of a single State, involving either
What is International Humanitarian law?regular armed forces fighting groups of armed
 dissidents, or armed groups fighting each other. A
Fact sheet providing a summary description of themore limited range of rules apply to internal armed
sources, content and field of application ofconflicts and are laid down in Article 3 common to
international humanitarian law.the four Geneva Conventions as well as in Additional
 Protocol II. It is important to differentiate between
- International humanitarian law is a set of rules whichinternational humanitarian law and human rights law.
seek, for humanitarian reasons, to limit the effects ofWhile
armed conflict. It protects persons who are not or some of their rules are similar, these two bodies of
are no longer participating in the hostilities andlaw have developed separately and are contained in
restricts the means and methods of warfare.different treaties. In particular, human rights law–
International humanitarian law is also known as theunlike international humanitarian law –applies in
law of war or the law of armed conflict.peacetime, and many of its provisions may be
 suspended during an armed conflict.
- International humanitarian law is part of international 
law, which is the body of rules governing relationsWhat does International Humanitarian Law cover?
between States. International law is contained in 
agreements between States – treaties orInternational humanitarian law covers two areas:
conventions – in customary rules, which consist 
of State practice considered by them as legallyØ the protection of those who are not, or no
binding, and in general principles.longer, taking part in fighting;
  
- International humanitarian law applies to armedØ restrictions on the means of warfare – in
conflicts. It does not regulate whether a State mayparticular weapons– and the methods of warfare,
actually use force; this is governed by an important,such as military tactics.
but distinct, part of international law set out in the 
United Nations Charter.Basic rules of International Humanitarian Law
  
Where did International Humanitarian Law originate?1. Persons hors de combat and those not taking part
 in hostilities shall be protected and treated humanely.
International humanitarian law is rooted in the rules of2. It is forbidden to kill or injure an enemy who
ancient civilizations and religions – warfare hassurrenders or who is hors de combat.
always been subject to certain principles and3. The wounded and sick shall be cared for and
customs.protected by the party to the conflict which has
 them in its power. The emblem of the red cross or
Universal codification of international humanitarian lawthe red crescent must be respected as the sign of
began in the nineteenth century. Since then, Statesprotection.
have agreed to a series of practical rules, based on4. Captured combatants and civilians must be
the bitter experience of modern warfare. These rulesprotected against acts of violence and reprisals. They
strike a careful balance between humanitarianshall have the right to correspond with their families
concerns and the military requirements of States. Asand to receive relief.
the international community has grown, an increasing5. No one shall be subjected to torture, corporal
number of States have contributed to thepunishment or cruel or degrading treatment.
development of those rules. International humanitarian6. Parties to a conflict and members of their armed
law forms today a universal body of law.forces do not have an unlimited choice of methods
 and means of warfare.
Historical Convergence between International7. Parties to a conflict shall at all times distinguish
Humanitarian Law and the Laws of Warbetween the civilian population and combatants.
 Attacks shall be directed solely against military
For most of the 20th century, internationalobjectives.
humanitarian law or the "Law of Geneva" was 
distinguished from the "Law of The Hague" or theWhat is “protection”?
Laws of War proper. The Law of The Hague 
"determines the rights and duties of belligerents inInternational humanitarian law protects those who do
the conduct of operations and limits the choice ofnot take part in the fighting, such as civilians and
means in doing harm." In particular, it concerns itselfmedical and religious military personnel. It also
with the definition of combatants, establishes rulesprotects those who have ceased to take part, such
relating to the means and methods of warfare, andas wounded, shipwrecked and sick combatants, and
examines the issue of military objectives.prisoners of war. These categories of person are
 entitled to respect for their lives and for their physical
At the same time, the Law of Geneva, whichand mental integrity. They also enjoy legal
focuses mainly on human beings as victims of war, isguarantees. They must be protected and treated
directly inspired by the principle of humanity. It relateshumanely in all circumstances, with no adverse
to those who are not participating in the conflict asdistinction. More specifically: it is forbidden to kill or
well as military personnel hors de combat. It provideswound an enemy who surrenders or is unable to
the legal basis for protection and humanitarianfight; the sick and wounded must be collected and
assistance carried out by impartial humanitariancared for by the party in whose power they find
organizations such as the International Committee ofthemselves. Medical personnel, supplies, hospitals and
the Red Cross. This focus can be found in theambulances must all be protected. There are also
Geneva Conventions.detailed rules governing the conditions of detention
 for prisoners of war and the way in which civilians
With the adoption of the 1977 Protocols to theare to be treated when under the authority of an
Geneva Conventions, the two strains of law beganenemy power. This includes the provision of food,
to converge. Already before, articles focusing onshelter and medical care, and the right to exchange
humanity could be found in the Law of The Haguemessages with their families. The law sets out a
(i.e. the protection of certain prisoners of war andnumber of clearly recognizable symbols which can be
civilians in occupied territories) articles which wereused to identify protected people, places and
later incorporated into the Law of Geneva in 1929objects. The main emblems are the Red Cross, the
and 1949). However the Protocols of 1977 relating tored crescent and the symbols identifying cultural
the protection of victims in both international andproperty and civil defense facilities.
internal conflict not only incorporated aspects of both 
the Law of The Hague and the Law of Geneva, butWhat restrictions are there on weapons and tactics?
also important human rights aspects. 
 International humanitarian law prohibits all means and
Where is International Humanitarian Law to be found?methods of warfare which:
  
A major part of international humanitarian law isØ fail to discriminate between those taking part in
contained in the four Geneva Conventions ofthe fighting and those, such as civilians, who are not,
1949.Nearly every State in the world has agreed tothe purpose being to protect the civilian population,
be bound by them. The Conventions have beenindividual civilians and civilian property;
developed and supplemented by two further 
 agreements: the Additional Protocols of 1977Ø cause superfluous injury or unnecessary
relating to the protection of victims of armedsuffering;
conflicts. Other agreements prohibit the use of 
certain weapons and military tactics and protectØ cause severe or long-term damage to the
certain categories of people and goods.environment. Humanitarian law has therefore banned
 the use of many weapons, including exploding bullets,
These agreements include:chemical and biological weapons, blinding laser
 weapons and anti-personnel mines.
Ø the 1954 Convention for the Protection of 
Cultural Property in the Event of Armed Conflict, plusIs International Humanitarian Law actually complied
its two protocols;with?
  
Ø the 1972 Biological Weapons Convention;Sadly, there are countless examples of violation of
 international humanitarian law. Increasingly, the victims
Ø the 1980 Conventional Weapons Convention andof war are civilians. However, there are important
its five protocols;cases where international humanitarian law has made
 a difference in protecting civilians, prisoners, the sick
Ø the 1993 Chemical Weapons Convention;and the wounded, and in restricting the use of
 barbaric weapons. Given that this body of law applies
Ø the 1997 Ottawa Convention on anti-personnelduring times of extreme violence, implementing the
mines;law will always be a matter of great difficulty. That
 said, striving for effective compliance remains as
Ø the 2000 Optional Protocol to the Convention onurgent as ever.
the Rights of the Child on the involvement of children 
in armed conflict. Many provisions internationalWhat should be done to implement the law?
humanitarian law are now accepted as customary law 
– that is, a general rules by which all States areMeasures must be taken to ensure respect for
bound.international humanitarian law. States have an
 obligation to teach its rules to their armed forces and
When does International Humanitarian Law apply?the general public. They must prevent violations or
 punish them if these nevertheless occur. In particular,
International humanitarian law applies only to armedthey must enact laws to punish the most serious
conflict; it does not cover internal tensions orviolations of the Geneva Conventions and Additional
disturbances such as isolated acts of violence. TheProtocols, which are regarded as war crimes. The
law applies only once a conflict has begun, and thenStates must also pass laws protecting the Red Cross
equally to all sides regardless of who started theand Red Crescent emblems. Measures have also been
fighting. International humanitarian law distinguishestaken at an international level: tribunals have been
between international and non-international armedcreated to punish acts committed in two recent
conflict.conflicts (the former Yugoslavia and Rwanda). An
 international criminal court, with the responsibility of
International armed conflicts are those in which atrepressing inter alia war crimes, was created by the
least two States are involved. They are subject to a1998 Rome Statute. Whether as individuals or
wide range of rules, including those set out in thethrough governments and various organizations, we
four Geneva Conventions and Additional Protocol I.can all make an important contribution to compliance
 with international humanitarian law.