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UNIT 1: INTRODUCTION TO INTERNATIONAL HUMANITARIAN LAW

DEFINITION OF INTERNATIONAL HUMANITARIAN LAW

  • International Humanitarian Law (IHL): a set of rules designed to limit the effects of armed conflict for humanitarian reasons.

  • Also referred to as "the law of war" or "the law of armed conflict".

  • Part of public international law, consisting mainly of treaties, customary international law, and general principles.

  • Outlines responsibilities of states and non-state armed groups during armed conflict.

IMPORTANCE OF IHL

  • Protects civilians and humanitarian workers during armed conflicts.

  • Establishes international standards to mitigate the impact of war.

  • Despite being recognized as customary international law, IHL faces increases in violations by conflict parties.

STRUCTURE OF INTERNATIONAL LAW

  • IHL is a branch of international law governing relations between States.

  • Comprises treaties, customary rules of conduct, and general principles.

  • Distinct from the laws governing the justified use of force, which are covered under the United Nations Charter.

TYPES OF ARMED CONFLICT

  • IHL distinguishes between international (between at least two States) and non-international (within a State) armed conflicts.

  • The four Geneva Conventions serve as a prominent foundation for IHL, with nearly all States agreeing to abide by them.

  • IHL applies only after a conflict has started and does not cover internal tensions or disturbances.

ARMED CONFLICT CATEGORIES

  • International Armed Conflict: involves more than one State, is subject to extensive rules including the four Geneva Conventions.

  • Non-International Armed Conflict: involves organized armed groups within a single State, governed by more limited rules found in Article 3 of the Geneva Conventions and Additional Protocol II.

SCOPE OF IHL

  • IHL covers:

    • Protection for individuals not participating in hostilities.

    • Restrictions on weapons and methods of warfare.

  • Does not seek to prohibit war, but seeks to balance humanitarian concerns with military necessities.

JUS AD BELLUM AND JUS IN BELLO

  • Jus ad bellum: deals with the right to engage in war; focuses on the legality of going to war.

  • Jus in bello: outlines rules for conduct within war; aims to minimize suffering and protect victims.

IHL AND HUMAN RIGHTS LAW

  • IHL and Human Rights Law (IHRL) both aim to protect human dignity but operate in different contexts.

  • Human rights remain applicable in times of war; IHL provides specific protections suited to armed conflict.

CORE PROTECTIONS UNDER IHL

  • Protects the lives and dignity of both civilians and combatants not taking part in hostilities (e.g., prisoners of war, wounded).

  • IHL may overlap with rights like prohibition of torture and inhumane treatment.

RELATIONSHIP BETWEEN IHL AND IHRL

  • Both laws can apply simultaneously; however, IHL governs specific situations of armed conflict.

  • Some IHRL treaties incorporate IHL principles (e.g., protections for children in conflict).

DISTINCTIONS BETWEEN IHL AND IHRL

  • IHL: has ancient origins, primarily regulating wartime conduct; applies specifically during armed conflicts.

  • IHRL: has emerged more recently, aiming to protect individuals from state abuses at all times.

PRACTICAL EXAMPLES: IHL APPLICATION

  • Treaties such as the Geneva Conventions represent written commitments binding States.

  • Customary international law fills gaps in treaty law, especially in non-international armed conflicts.

  • The Martens Clause emphasizes principles of humanity when no specific treaty applies.