International humanitarian law

1. What is International humanitarian law? Humanitarian norm’s in history

 International humanitarian law

International humanitarian law (IHL), commonly known as the laws of armed conflict,
is the body of legislation that governs the conduct of war. It is a branch of
international law that tries to reduce the effects of armed conflict by safeguarding
non-combatants and limiting and regulating the means and methods of warfare
available to combatants.

International humanitarian law is inspired by considerations of humanity and the

mitigation of human suffering. It is a system of norms established by treaty or
custom that aims to safeguard persons and property/objects that are or may be
harmed by armed conflict, and it limits the rights of conflict parties to utilize the
methods and means of warfare of their choice.

 Sources of international law

Sources of international law include

 International agreements (the Geneva Conventions),

 Customary international law,

 General principles of nations, and

 Case law.

War crimes are serious violations of international humanitarian law. Jus in bello, or
international humanitarian law, governs the conduct of forces during a war or armed
conflict.

It differs from jus ad bellum, which governs the conduct of those who engage in war
or armed conflict and includes the crime of aggression.

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The two strands of the laws of war that govern all aspects of international armed
conflicts are jus in bello and jus ad bellum.

The law is binding on states that have signed the relevant treaties. There are also
unwritten conventional rules of war, many of which were investigated during the
Nuremberg trials.

IHL distinguishes between laws applicable in international armed conflict and

regulations applicable in domestic armed conflict.

 IHL in a nutshell

1. The goal of International Humanitarian Law (IHL) is to protect the victims of armed
conflicts and to control hostilities in accordance with military necessity and human
decency.

2. The UN Charter, the rule of neutrality, human rights law, and international criminal
law are all examples of legal frameworks that may exist yet serve distinct goals.

3. Regardless of the actions of the adversary and the nature or cause of the war, the
belligerents must fulfill their humanitarian commitments at all times.

4. The norms of International Humanitarian Law (IHL) may be drawn from tradition
and basic principles of law, even though it is one of the most heavily codified aspects
of international law.

5. In light of recent political, social, economic, and technical advancements, IHL's

foundational successes and faithful execution face new difficulties.

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 Humanitarian norms in history

In the Old Testament, the king of Israel, following the advice of the prophet Elisha to
spare enemy captives, prevented the killing of captives.

In answer to a question from the King, Elisha said, "You shall not kill them.
Would you kill those whom you have taken captive with your sword and with your
bow? Set bread and water before them, that they may eat and drink and go to their
master."

There are documents in ancient India (for example the Laws of Manu) describing the
types of weapons one should not use: "When he fights his enemies in battle, let him
not strike with a weapon concealed (in wood), poisoned, or the points of which are
burning with fire.

Additionally, it is forbidden to strike an enemy or a eunuch "who folds his

hands in praying" or "who sleeps, or who has lost his coat of mail, or who is naked, or
who is disarmed, or who watches without participating in the fight."

According to Islamic law, it is forbidden to harass "non-combatants who did not

participate in battle, such as women, children, monks and monks, the aged, blind,
and insane."

Abu Bakr, the first Caliph, declared:

"Don't cut yourself. Do not murder little children, aged persons, or ladies.
Never burn or remove the heads of palm trees. Do not cut down fruit trees. Animals
should only be killed for food."

Islamic jurists have maintained that a prisoner should not be killed, as he "cannot be
held liable for minor acts of belligerency".

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 Codification of humanitarian norms

The current Armistice Agreement and Regularization of War was signed and
confirmed in

 1820 in the Venezuelan city of Santa Ana de Trujillo

 by the authorities of the then Government of Great Colombia and the Head of the
Expeditionary Forces of the Spanish Crown.
 This was the first pact of its kind in the Western world, signed during the
American Revolution.

But a more methodical approach did not start until the second half of the nineteenth
century.

 Francis Lieber, a German immigrant to the United States, created the Lieber
Code, a rule of behavior for the Union Army during the American Civil War, in
1863.
 The Lieber Code prohibited the death of prisoners of war and mandated the
humane treatment of civilian populations in combat zones.

At the same time, the engagement of people such as Florence Nightingale and Henry
Dunant, a Genevese businessman who had

 dealt with injured soldiers at the Battle of Solferino during the Crimean War, led
to more systematic efforts to help the suffering of war victims.

Dunant published a book titled “A Memory of Solferino” in which he described the

horrors he observed.

 His reports were so shocking that they led to the establishment of the
International Committee of the Red Cross (ICRC) in 1863, the convening of a
conference in Geneva in 1864, which produced the Geneva Conventions to
improve the situation of the Condition of the Wounded in Armies in the Field.

The Law of Geneva is directly inspired by the principle of humanity.

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 It refers to those who are not involved in the conflict as well as soldiers who are
not in combat.
 It establishes the legal framework for impartial humanitarian organizations like as
the ICRC to provide protection and humanitarian assistance.
 The Geneva Conventions reflect this approach.

2. Who is the father of IHL? Evolution and nature of IHL

 Father of IHL

Henry Dunant, was a Swiss humanitarian, businessman, and social activist. He was
the visionary, promoter, and co-founder of the Red Cross. In 1901, he received the
first Nobel Peace Prize together with Frédéric Passy. Dunant was the first Swiss Nobel
laureate.

In 1859, Dunant was witness to the aftermath of the Battle of Solferino in Italy. He
recorded his memories and experiences in the book A Memory of Solferino which
inspired the creation of the International Committee of the Red Cross (ICRC) in 1863.
The 1864 Geneva Convention was based on Dunant’s idea for an independent
organization to care for wounded soldiers.

3. What is Geneva Convention in a nutshell?

 Geneva Conventions

The Geneva Conventions, in their current wording, were adopted in 1949 (the
original Convention was adopted in 1864).

 There are four related treaties containing restrictions on violence during armed
conflict.

These are

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 the Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field;

 the Convention for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea;

 the Convention relative to the Treatment of Prisoners of War; and

 the Convention relative to the Protection of Civilian Persons in Time of War.

There are also three Protocols Additional to the Geneva Conventions:

 relating to the Protection of Victims of International Armed Conflicts (I) and

 relating to the Protection of Victims of Non-International Armed Conflicts (II).

 relating to the Adoption of an Additional Distinctive Emblem (III).

The USSR ratified the Geneva Conventions in 1954. Today, 190 countries, i.e., almost
all world countries, adhere to the Conventions.

The Geneva Conventions are the result of a process that developed in a number of
stages between 1864 and 1949.

 It focused on the protection of civilians and those who can no longer fight in an
armed conflict.

As a result of World War II,

 all four treaties were revised and re-adopted by the world community in 1949,
 based on previous changes and some of the 1907 Hague Conventions.
 Later conferences added provisions forbidding certain methods of warfare and
dealing with civil war issues.

The first three Geneva Conventions were revised, expanded, and replaced, and the
fourth one was added, in 1949.

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1. The Geneva Convention for the Relief of the Wounded and Sick in Armed Forces
in the Field was adopted in 1864.

It was significantly revised and replaced by the 1906 version, the 1929 version,
and later the First Geneva Convention of 1949.

2. The Geneva Convention for the improvement of the Condition of Wounded, Sick
and Shipwrecked Members of Armed Forces at Sea was adopted in 1906.

It was significantly revised and replaced by the Second Geneva Convention of

1949.

3. The Geneva Convention related to the Treatment of Prisoners of War was

adopted in 1929.

It was significantly revised and replaced by the Third Geneva Convention of 1949.

4. The Fourth Geneva Convention related to the Protection of Civilian Persons in

Time of War was adopted in 1949.

 Additional protocols to the Geneva Convention

There are three additional amendment protocols to the Geneva Convention:

1. Protocol I (1977):

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to

the Protection of Victims of International Armed Conflicts.

As of 12 January 2007 it had been ratified by 167 countries.

2. Protocol II (1977):

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Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to
the Protection of Victims of Non-International Armed Conflicts.

As of 12 January 2007 it had been ratified by 163 countries.

3. Protocol III (2005):

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to

the Adoption of an Additional Distinctive Emblem.

As of June 2007 it had been ratified by seventeen countries and signed but not yet
ratified by an additional 68.

The Geneva Conventions of 1949 may be seen, therefore, as the result of a process
which began in 1864. Today they have "achieved universal participation with 194
parties". This means that they apply to almost any international armed conflict.

The Additional Protocols, however, have yet to achieve near-universal acceptance,

since the United States and several other significant military powers (like Iran, Israel,
India and Pakistan) are currently not parties to them.

 The Law of Geneva and the Law of The Hague

Modern international humanitarian law is made up of two historical streams:

1. The law of The Hague, referred to in the past as the law of war proper; and
2. The law of Geneva or humanitarian law.

The two streams are named after a number of international conferences that drafted
treaties relating to war and conflict, most notably The Hague Conventions of 1899
and 1907, and the Geneva Conventions, the first of which was drafted in 1863. Both
are concerned with jus in bello which deals with the question of whether certain
practices are acceptable during armed conflict.

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 The Law of The Hague, or the laws of war proper, "determines the rights and
duties of belligerents in the conduct of operations and limits the choice of means
in doing harm". In particular, it concerns itself with

 the definition of combatants;

 establishes rules relating to the means and methods of warfare;
 and examines the issue of military objectives.

5. Write down the consequence of a country due to breach of Geneva Convention

Geneva Convention were made for the protection of civilians and those who can no
longer fight in an armed conflict.

If any country breach Geneva Convention, then they will be face consequences for
this.

A state that violates IHL shall pay full compensation for the loss or injury it has
caused. People who commit these offences may be investigated and penalized. Any
state or, under some situations, an international court can investigate and prosecute
war crimes. The United Nations can also conduct enforcement actions to enforce IHL.
The security council, for example, has the authority to compel governments to
comply with their duties or to form a tribunal to investigate violations.

If a country's army violates the Geneva Convention and attacks another country, the
government of that country will punish its soldiers. If a country's government doesn't
do it, all the countries in the UNSC will put pressure on that country to punish the
country's troops. If they refuse to do so, countries within the UNSC and signatories to
the Geneva Convention can apply pressure or take action against that country.

 Basic rules of IHL

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1. Persons who are hors de combat (out of battle), and those who are not taking
part in warfare in a situation of armed conflict (e.g., neutral nationals), shall be
protected in all circumstances.
2. The wounded and sick shall be cared for and protected by the parties to the
conflict in whose power they are. The symbol of the "Red Cross" or the "Red
Crescent" must be honored as a sign of protection.
3. Captive individuals must be protected from acts of violence and revenge. They
shall have the right to communicate with their families and to receive relief.
4. No one shall be tortured or treated to cruel, inhuman, or degrading treatment or
punishment.
5. Parties to a conflict do not have an unlimited choice of methods and means of
warfare.
6. Conflict parties must always distinguish between combatants and non-
combatants. Attacks shall be directed solely against legitimate military targets.
 Examples

Well-known instances of such restrictions include the prohibition on attacking

doctors or ambulances displaying a red cross.

It is also prohibited to fire at a person or vehicle carrying a white flag, which is

regarded the peace flag and shows intent to surrender or a desire to negotiate.

In either instance, those protected by the Red Cross or the White Flag are expected
to remain neutral and may not engage in warlike actions; engaging in war activities
under a white flag or a red cross is a breach of the rules of war.

These examples of the laws of war address:

 declarations of war;

 acceptance of surrender;

 the treatment of prisoners of war;

 the avoidance of atrocities;

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 the prohibition on deliberately attacking non-combatants; and

 the prohibition of certain inhumane weapons.

It is a violation of the laws of war to engage in combat without meeting certain

requirements, such as wearing a distinctive uniform or other easily identifiable
badge, and the carrying of weapons openly.

Impersonating soldiers of the other side by wearing the enemy's uniform is allowed,
though fighting in that uniform is unlawful perfidy, as is the taking of hostages.

 Later additions

Many international treaties have been established that prohibit using specific
weapons.

 These conventions were created largely because these weapons cause deaths
and injuries long after conflicts have ended.

Up to 7,000 people die each year from unexploded land mines, and many more are
killed by unexploded bombs, particularly cluster bombs that spread many little
"bomblets."

According to estimates, 98% of the deaths are civilians; common victims include
farmers working in their fields and kids who find these bombs.

For these reasons, the following conventions have been adopted:

1. The Convention on Prohibitions or Restrictions on the Use of Certain

Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to
Have Indiscriminate Effects (1980), which

 prohibits weapons that produce non-detectable fragments, restricts the use

of mines and booby-traps,
 prohibits attacking civilians with incendiary weapons,

 prohibits blinding laser weapons, and

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  requires the warring parties to clear unexploded ordnance at the end of
hostilities;

2. The Convention on the Prohibition of the Use, Stockpiling, Production and

Transfer of Anti-Personnel Mines and on their Destruction (1997), also called
the Ottawa Treaty or the Mine Ban Treaty, which

 completely bans the stockpiling (except to a limited degree, for training

purposes) and
 use of all anti-personnel land mines;

3. The Optional Protocol on the Involvement of Children in Armed Conflict (2000),

an amendment to the Convention on the Rights of the Child (1989), which

 forbids the enlistment of anyone under the age of eighteen for armed
conflict; and

4. The Convention on Cluster Munitions (2008), which

 prohibits the use of bombs that scatter bomblets, many of which do not
explode and remain dangerous long after a conflict has ended.

 IHL Principles applicable to civilians

The provisions and principles of IHL which seek to protect civilians are:

1. Principle of distinction
2. The principle of proportionality
3. Principle of humane treatment
4. Principle of non-discrimination

1. Principle of distinction

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The principle of distinction guards against the impacts of military operations on
civilians and civilian property.

Parties to an armed conflict are required to make a distinction between combatants

and military objectives on the one hand, and civilians and civilian objects on the
other, at all times and in all situations.

Additionally, it stipulates that if people participate directly in hostilities, they will lose
this protection.

The ICRC also concluded that the concept of distinction was reflected in state
practice; as a result, it is a recognized rule of customary international law in both
international and non-international armed conflicts.

2. The principle of proportionality

In humanitarian law, necessity and proportionality are established principles. IHL

states that a belligerent may only use the kind and amount of force required to
defeat the enemy.

Moreover, attacks on military targets must not cause excessive civilian deaths
compared to the expected direct military advantage. Commanders must take every
reasonable measure to prevent civilian deaths.

The ICRC also discovered that both international and non-international armed
conflicts include the idea of proportionality into customary international law.

3. Principle of humane treatment

The principle of humane treatment requires that civilians be treated humanely at all
times. Common Article 3 of the GCs prohibits violence to life and person (including
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cruel treatment and torture), the taking of hostages, humiliating and degrading
treatment, and execution without regular trial against non-combatants, including
persons hors de combat (wounded, sick and shipwrecked).

Civilians have the right to be respected for their physical and mental integrity, honor,
family rights, religious beliefs and practices, and manners and customs.

This principle of humane treatment has been confirmed by the ICRC as a norm of
customary international law, applicable in both international and non-international
armed conflicts.

4. Principle of non-discrimination

Civilians must be treated humanely at all times, according to the principle of humane
treatment. Common Article 3 of the GCs prohibits violence against life and person
(including cruel treatment and torture), the taking of hostages, humiliating and
degrading treatment, and the killing of non-combatants without a regular trial,
including individuals hors de combat, (wounded, sick and shipwrecked).

Civilians have the right to be respected for their physical and mental integrity, honor,
family rights, religious beliefs and practices, and manners and customs.

The ICRC has confirmed this principle of humane treatment as a rule of customary
international law, applicable in both international and non-international armed
situations.

 Women and children

Rape, forced prostitution, and any other type of immoral abuse on women must be
prohibited.

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Children under the age of eighteen must not be allowed to participate in hostilities,
must not be evacuated to a foreign country by a country other than their own,
except temporarily due to a compelling threat to their health and safety, and must
be maintained and educated if orphaned or separated from their families.

 International Committee of the Red Cross

The ICRC is the only institution explicitly named under international humanitarian
law as a controlling authority. The legal mandate of the ICRC stems from the four
Geneva Conventions of 1949, as well as from its own Statutes.

The International Committee of the Red Cross (ICRC) is an impartial, neutral, and
independent organization whose exclusively humanitarian mission is to protect the
lives and dignity of victims of war and internal violence and to provide them with
assistance.

The ICRC also endeavors to prevent suffering by promoting and strengthening

humanitarian law and universal humanitarian principles.

— Mission of ICRC

 The role of ICRC

 The Statutes of the International Red Cross and Red Crescent Movement specify
that the ICRC’s role includes the following in particular:

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As stated in Article 5, paragraph 2 (c),

"to carry out the duties assigned to it by the Geneva Conventions, to promote
the faithful application of international humanitarian law applicable in armed
conflicts, and to take notice of any complaints based on alleged violations of that
law."

Article 5, paragraph 2(g) states that one's responsibility is

"to work for the understanding and distribution of knowledge of international

humanitarian law applicable in armed situations and to prepare any development
thereof."

 Dissemination and implementation of the law

Ignorance of the law is a fundamental impediment to its observance. As a result, the

ICRC reminds states of their responsibilities to promote IHL.

It also takes action in this regard, encouraging the adoption of IHL into educational
programs, military training, and university curriculum.

The ICRC further reminds states that they must take all necessary actions to ensure
that the law is implemented and applied properly at the domestic level.

 Reminding parties in conflict of their obligations

In the event of violations of humanitarian law, the ICRC makes private

representations to the appropriate authorities based on the findings from its
protection and support operations.

The ICRC reserves the right to take a public stance if the violations are serious,
repeated, and can be proven to have happened; however, it will only do so if it
believes that doing so will benefit the persons who have been harmed or are in
danger. Hence, this continues to be a unique measure.

 Direct action
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 By making a direct and practical contribution to application of the law in
situations of armed conflict.

 Guardian angel

Protecting international humanitarian law against legislative changes that

disrespect or undermine its existence;

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