international humanitarian law english-burmese version

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ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN LAW ____________________________________ What is international humanitarian law? What is international humanitarian law? International humanitarian law (IHL) is a set of rules that seeks, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not, or are no longer, participating in hostilities, and imposes limits on the means and methods of warfare. IHL is also known as ‘the law of war’ or ‘the law of armed conflict’. IHL is part of public international law the body of rules governing relations between States. Public international law is made up primarily of treaties or conventions concluded between States, customary rules (general practice accepted as law), and general principles of law (see Article 38 of the Statute of the International Court of Justice). Distinction must be made between IHL, which regulates the conduct of parties engaged in an armed conflict (jus in bello), and that part of public international law set out in the Charter of the United Nations that regulates whether a State may rightfully resort to armed force against another State (jus ad bellum). The Charter prohibits such use of force, with two exceptions: cases of self-defence against an armed 1 For more information, see the various Advisory Service factsheets on specific international treaties. attack, and when the use of armed force is authorized by the United Nations Security Council. What are the origins of IHL? Warfare has always been subject to certain principles and customs. It may be said therefore that IHL has its roots in the rules of ancient civilizations and religions. Universal codification of IHL began in the nineteenth century, notably through the adoption of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field and the 1868 Declaration of Saint Petersburg, which prohibited the use of certain projectiles in wartime. Since then, States have agreed to and codified a series of practical rules to keep pace with evolving means and methods of warfare and the related humanitarian consequences. These rules strike a careful balance between humanitarian concerns and the military requirements of States and non-State parties to armed conflict. They address a broad range of issues, including: protection for wounded and sick soldiers; treatment of prisoners of war and other persons detained in connection with an armed conflict; protection for the civilian population and civilian objects, such as cultural property; and restrictions on the use of certain weapons and methods of warfare (see next section). Over time, the number of States adhering to these rules has grown, securing virtually universal acceptance for the core treaties of IHL. What are the treaty-based sources of IHL? The four Geneva Conventions of 1949 (GC I, II, III and IV), which have been universally ratified, constitute the core treaties of IHL. The Conventions have been supplemented by Additional Protocols I and II of 1977 (AP I and AP II) relating to the protection of victims of international and non- international armed conflict respectively; and by Additional Protocol III of 2005 (AP III) relating to an additional distinctive emblem (the red crystal). Other international treaties prohibit the use of certain weapons and military tactics, and protect certain categories of person and object from the effects of hostilities. These treaties 1 include:

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Page 1: INTERNATIONAL HUMANITARIAN LAW ENGLISH-BURMESE VERSION

ADVISORY SERVICE

ON INTERNATIONAL HUMANITARIAN LAW

____________________________________

What is international humanitarian law?

What is international

humanitarian law?

International humanitarian law

(IHL) is a set of rules that seeks,

for humanitarian reasons, to limit

the effects of armed conflict. It

protects persons who are not, or

are no longer, participating in

hostilities, and imposes limits on

the means and methods of

warfare. IHL is also known as ‘the

law of war’ or ‘the law of armed

conflict’.

IHL is part of public international

law – the body of rules governing

relations between States. Public

international law is made up

primarily of treaties or

conventions concluded between

States, customary rules (general

practice accepted as law), and

general principles of law (see

Article 38 of the Statute of the

International Court of Justice).

Distinction must be made

between IHL, which regulates the

conduct of parties engaged in an

armed conflict (jus in bello), and

that part of public international

law set out in the Charter of the

United Nations that regulates

whether a State may rightfully

resort to armed force against

another State (jus ad bellum).

The Charter prohibits such use of

force, with two exceptions: cases

of self-defence against an armed

1 For more information, see the various Advisory Service factsheets on specific international treaties.

attack, and when the use of

armed force is authorized by the

United Nations Security Council.

What are the origins of IHL?

Warfare has always been subject

to certain principles and customs.

It may be said therefore that IHL

has its roots in the rules of

ancient civilizations and religions.

Universal codification of IHL

began in the nineteenth century,

notably through the adoption of

the 1864 Geneva Convention for

the Amelioration of the Condition

of the Wounded in Armies in the

Field and the 1868 Declaration of

Saint Petersburg, which

prohibited the use of certain

projectiles in wartime. Since

then, States have agreed to and

codified a series of practical rules

to keep pace with evolving

means and methods of warfare

and the related humanitarian

consequences. These rules

strike a careful balance between

humanitarian concerns and the

military requirements of States

and non-State parties to armed

conflict. They address a broad

range of issues, including:

protection for wounded and sick

soldiers; treatment of prisoners of

war and other persons detained

in connection with an armed

conflict; protection for the civilian

population and civilian objects,

such as cultural property; and

restrictions on the use of certain

weapons and methods of warfare

(see next section).

Over time, the number of States

adhering to these rules has

grown, securing virtually

universal acceptance for the core

treaties of IHL.

What are the treaty-based

sources of IHL?

The four Geneva Conventions

of 1949 (GC I, II, III and IV),

which have been universally

ratified, constitute the core

treaties of IHL. The Conventions

have been supplemented by

Additional Protocols I and II of

1977 (AP I and AP II) relating to

the protection of victims of

international and non-

international armed conflict

respectively; and by Additional

Protocol III of 2005 (AP III)

relating to an additional

distinctive emblem (the red

crystal).

Other international treaties

prohibit the use of certain

weapons and military tactics, and

protect certain categories of

person and object from the

effects of hostilities. These

treaties1 include:

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the 1925 Protocol for the

Prohibition of the Use of

Asphyxiating, Poisonous or

Other Gases, and of

Bacteriological Methods of

Warfare

the 1954 Convention for the

Protection of Cultural

Property in the Event of

Armed Conflict and its two

Protocols of 1954 and 1999

the 1972 Convention on the

Prohibition of the

Development, Production and

Stockpiling of Bacteriological

(Biological) and Toxin

Weapons and on their

Destruction

the 1976 Convention on the

Prohibition of Military or any

Other Hostile Use of

Environmental Modification

Techniques

the 1980 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

(CCW) and its five Protocols

of 1980 (I, II and III), 1995

(IV), and 2003 (V)

the 1993 Convention on the

Prohibition of the

Development, Production,

Stockpiling and Use of

Chemical Weapons and on

their Destruction

the 1997 Convention on the

Prohibition of the Use,

Stockpiling, Production and

Transfer of Anti-Personnel

Mines and on their

Destruction (APMBC)

the 2000 Optional Protocol to

the Convention on the Rights

of the Child on the

involvement of children in

armed conflict

the 2006 International

Convention for the Protection

of All Persons from Enforced

Disappearance

2 More information on these customary rules can be found in the two-volume ICRC study, Customary International

the 2008 Convention on

Cluster Munitions (CCM).

In addition, the 1998 Statute of

the International Criminal Court

(ICC) established the Court’s

jurisdiction in respect of war

crimes (Article 8), thus

strengthening States’ obligation

to prevent serious violations of

IHL.

Many provisions of the treaties

mentioned above are now

thought to reflect customary IHL

and are, consequently, binding

on all States and all parties to a

conflict.2

When does IHL apply?

IHL applies only to situations of

armed conflict. It does not cover

internal tensions or disturbances

such as isolated acts of violence

that do not reach the threshold of

an armed conflict. In addition, IHL

distinguishes between

international and non-

international armed conflict.

International armed conflicts

are those in which one or more

States resort to the use of armed

force against another State.

Wars of national liberation, under

certain conditions, and situations

of occupation are regarded as

international armed conflicts.

International armed conflicts are

governed by the four Geneva

Conventions and Additional

Protocol I.

Non-international armed

conflicts are restricted to the

territory of a single State and

involve either governmental

armed forces fighting one or

more non-State armed groups, or

such groups fighting each other.

The rules applicable to non-

international armed conflict have

a more limited scope than those

governing international armed

Humanitarian Law (2005, 2009) and in its customary IHL database

conflict. These rules are set out in

Article 3 common to the four

Geneva Conventions and in AP

II. However, customary law

expands the protection provided

by certain rules of IHL to all types

of armed conflict, including non-

international conflicts.

IHL applies once the conditions

for an armed conflict or

occupation are met on the ground

– even if a state of conflict is not

recognized as such by one of the

parties and regardless of whether

the occupation encounters

armed resistance. IHL applies

equally to all sides, irrespective of

who started the fighting and, in

the case of international armed

conflict, even if one of the

belligerent States is not party to

the Geneva Conventions or

Additional Protocol I.

The distinction between

international and non-

international conflict is not always

clear-cut. In recent years,

conflicts have arisen that contain

elements of both. A case-by-case

approach is therefore

recommended to determine

which normative framework is

applicable.

What does IHL cover?

1) The protection of those who

are not, or no longer, taking part

in hostilities.

The Geneva Conventions

regulate the protection and

treatment of four categories of

person during international

armed conflict:

the wounded and sick in

armed forces in the field (GC

I)

wounded, sick and

shipwrecked members of the

armed forces at sea (GC II)

prisoners of war (GC III)

(http://www.icrc.org/customary-ihl/eng/docs/home).

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civilians, including those in

occupied territories (GC IV).

The civilians protected under GC

IV are those held by a party to the

conflict, or an occupying power,

of which they are not nationals.

Internally displaced persons,

women, children, refugees,

stateless persons, and journalists

are some of the groups that

qualify for such protection.

Protection similar to that provided

in international armed conflict

applies in non-international

armed conflict to persons who

are not, or are no longer, taking

part in hostilities.

Persons protected by IHL are

entitled to respect for their lives,

their dignity, and their physical

and mental integrity. They are

also afforded various legal

guarantees. They must be

protected and treated humanely

in all circumstances, with no

adverse distinction.

More specifically, it is forbidden

to kill or wound an enemy who

surrenders or is unable to defend

himself or herself. The wounded

and the sick must be collected

and cared for by the party in

whose power they find

themselves. Medical personnel,

units and transports must all be

protected. Access to

humanitarian assistance for the

civilian population affected by the

conflict must be facilitated,

subject to the consent of the

parties concerned.

In addition, detailed rules govern

the conditions of detention for

prisoners of war and the

treatment of civilians under the

authority of an enemy power.

These rules cover such matters

as the provision of food, shelter

and medical care, judicial and

3 For more information, see the Advisory Service factsheet entitled “The Protection of the Red Cross / Red Crescent Emblems”

procedural guarantees, and the

right – of the people in question –

to exchange messages with their

families.

Reprisals against protected

persons are forbidden.

In order to facilitate the protection

of those who are not, or are no

longer, participating in hostilities,

IHL defines a number of clearly

recognizable ‘distinctive

emblems’, with a view to

identifying and protecting objects

and persons providing

humanitarian assistance and

medical care. These emblems

are the red cross, the red

crescent, the red lion and sun

(which is no longer used), and the

red crystal (for States that have

ratified AP III). The distinctive

emblems can be used, in times of

armed conflict, to identify

protected persons, places and

objects (including, primarily,

armed forces’ medical units and

transports, as well as other

medical and religious services).

They may also be used, either

during armed conflict or in

peacetime, for the purpose of

identifying persons or objects

linked to the International Red

Cross and Red Crescent

Movement.3

2) Restrictions on the means of

warfare – in particular weapons –

and the methods of warfare, such

as military tactics.

As a general rule, IHL prohibits

means and methods of warfare

that cause superfluous injury or

unnecessary suffering.

Specific treaties have therefore

banned or restricted the use of

many weapons, including

exploding bullets, chemical and

biological weapons, blinding

laser weapons, anti-personnel

(http://www.icrc.org/eng/assets/files/other/protection_emblems.pdf). 4 AP I, Art. 37(1), defines perfidy as “[a]cts inviting the confidence of an adversary to lead him to believe that he is entitled to, or

mines, cluster munitions, and

incendiary weapons. Pillage,

starvation and perfidy4 are some

of the methods of warfare

specifically prohibited under IHL.

IHL also regulates the general

conduct of hostilities on the basis

of three core principles:

distinction, proportionality, and

precaution. The principle of

distinction requires that the

parties to an armed conflict

distinguish at all times between

civilians and civilian objects on

the one hand, and combatants

and military objectives on the

other, and that attacks may only

be directed against combatants

and military objectives. The

purpose of this is to protect

individual civilians, civilian

property, and the civilian

population as a whole. Under this

principle, indiscriminate attacks

are prohibited.

The principle of proportionality,

a corollary to the principle of

distinction, dictates that

incidental loss of civilian life and

property or injury to civilians must

not be excessive in relation to the

concrete and direct military

advantage anticipated. In order

to implement the restrictions and

prohibitions on targeting, the

principle of precaution requires

all parties to an armed conflict to

take specific precautions such

as, when conducting an attack, to

verify that targets are military

objectives or to give the civilian

population an effective warning

before the attack. It can also

entail restrictions on the timing

and location of an attack.

In addition, Articles 35(3) and 55

of AP I prohibit methods and

means of warfare that cause

widespread, long-term and

is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence”.

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severe damage to the natural

environment.

The rules on the conduct of

hostilities also grant specific

protection to certain objects,

including cultural property and

places of worship (the 1954

Hague Convention for the

Protection of Cultural Property in

the Event of Armed Conflict; AP I,

Article 53; AP II, Article 16),

objects indispensable to the

survival of the civilian population

(AP I, Article 54; AP II, Article 14),

and “works and installations

containing dangerous forces”

(AP I, Article 56; AP II, Article 15).

Such works and installations, as

well as cultural property and civil

defence personnel and facilities,

can be identified by specific

symbols.

How is IHL implemented?

Implementation of IHL is primarily

the responsibility of States. They

must respect and ensure respect

for these rules in all

circumstances (Article 1 common

to the four Geneva Conventions).

States must adopt legislation and

regulations aimed at ensuring full

compliance with IHL. In

particular, they must enact laws

to punish the most serious

violations of the Geneva

Conventions and their Additional

Protocols – that is, violations that

amount to war crimes. States

must also adopt laws protecting

the red cross, red crescent, red

crystal and other symbols.

Other domestic implementation

measures should also be taken:

developing educational

programmes for the armed forces

and the general public; recruiting

and/or training qualified,

specialist personnel; producing

identity cards and other

5 For more information, see the Advisory Service factsheet titled “Penal Repression: Punishing War Crimes” (http://www.icrc.org/eng/assets/files/other/penal_repression.pdf).

documents for protected

persons, etc.

At the international level, IHL

treaties provide for certain

compliance mechanisms. These

include, in particular: the

protecting power system; the

possibility to resort to an enquiry

procedure; and the International

Humanitarian Fact-Finding

Commission, a mechanism

specifically envisaged in

Article 90 of AP I. States party to

AP I also undertake to cooperate

with the United Nations to deal

with serious violations of AP I or

of the Geneva Conventions.

Some weapons treaties,

including the APMBC, the CCW

and the CCM, provide for

reporting mechanisms aimed at

monitoring States Parties’

compliance with the obligations

deriving from these treaties.

In terms of repression of IHL

violations, the ICC is empowered

to prosecute the most serious

crimes of international concern,

including war crimes. By virtue of

the principle of complementarity

its jurisdiction is intended to come

into play only when a State is

genuinely unable or unwilling to

prosecuted alleged war criminals

over which it has jurisdiction. In

addition to the ICC, the United

Nations Security Council has

established two international

tribunals to prosecute crimes

committed during the armed

conflicts in the former Yugoslavia

and in Rwanda, including serious

violations of IHL. Mixed courts,

comprising both domestic and

international elements, have also

been put in place to address

crimes committed during certain

armed conflicts, including the

ones in Cambodia, Lebanon,

Sierra Leone and Timor-Leste.5

6 http://www.icrc.org/ihl-nat 7 For more information, see the Advisory Service factsheet entitled “International Humanitarian Law and International Human Rights Law:

Additional information on

domestic implementation of IHL

measures adopted by States is

available on the ICRC’s National

Implementation Database.6

What is the difference between

humanitarian law and human

rights law?

There are similarities between

some of the rules of humanitarian

law and human rights law. And

both bodies of law strive to

protect the lives, health and

dignity of individuals. However,

these two branches of public

international law have developed

separately, have different scopes

of application, are contained in

different treaties, and are subject

to different compliance

mechanisms. In particular,

human rights law – unlike

international humanitarian law –

applies during both armed

conflict and peacetime, although

many of its provisions can be

derogated from during an armed

conflict.7

Where can more information

on IHL be found?

The ICRC’s Advisory Service on

IHL, which offers legal and

technical support to States for the

implementation of IHL, has

developed a set of factsheets on

various important IHL issues.

They are available online at:

http://www.icrc.org/eng/resource

s/documents/legal-fact-

sheet/national-implementation-

legal-fact-sheets.htm

12/2014

Similarities and differences” (http://www.icrc.org/eng/assets/files/other/ihl_and_ihrl.pdf).

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What is international humanitarian law?

International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the

effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities

and restricts the means and methods of warfare.

International humanitarian law is also known as the law of war or the law of

armed conflict.What is the ICRC?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.

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What does international humanitarian law cover?

International humanitarian law covers two areas:

- the protection of those who are not, or no longer, taking part in fighting;

- restrictions on the means of warfare – in

particular weapons – and the methods of warfare, such as military tactics.

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Journalists may lose protection by IHL, if he/she directly involved in a certain conflict.

IHL is a part of public international law.

Public international law is a broad set of treaties, customary law, principles and norms.

The framework traditionally regulated relationships only between states.

It has evolved, however, to cover a broad range of actors.

IHL is notable in this regard, as it recognizes obligations for both states and

non-state armed groups that are parties to an armedconflict.

IHL regulates activity during armed conflict and situations of occupation.

It is distinct from, and applies irrespective of, the body of law that regulates the recourse to armed

force.

This framework is known as the jus ad bellum, and is enshrined in the UN Charter.

It regulates the conditions under which force may be used,

namely in self-defense and pursuant to UN Security Council authorization.

Once there is an armed conflict IHL applies to all the parties,

whether or not a party was legally justified in using force under jus ad bellum principles.

(( http://www.ijrcenter.org/international-humanitarian-law/ ))

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What is “protection”?International humanitarian law protects those who do not take part in the fighting, such as civilians and medical and religious military personnel. It also protects those who have ceased to take part, suchas wounded, shipwrecked and sick combatants, and prisoners of war.

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These categories of person are entitled to respect for their lives and for their physical and mental integrity. They also enjoy legal guarantees.They must be protected and treated humanely in all circumstances, with no adverse distinction.More specifically: it is forbidden to kill or wound an enemy who surrenders or is unable to fight; the sick and wounded must be collected and cared for by the party in whose power they find themselves. Medical personnel, supplies, hospitals andambulances must all be protected. Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines

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Soldiers must keep away from the civilian target rather than military targets. Where is international humanitarian law to be found?A major part of international humanitarian law is contained in the four Geneva Conventions of 1949.Nearly every State in the world has agreed to be bound by them. The Conventions have been developed and supplemented by two furtheragreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflicts.

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A major part of international humanitarian law is contained in the four Geneva Conventions of 1949.

What should be done to implement the law?

Measures must be taken to ensure

respect for international humanitarian law. States have an obligation to teach its rules to their armed forces and the general

public.They must prevent violations or punish them if these nevertheless occur.

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What restrictions are there on International humanitarian law prohibits all means and methods ofwarfare which:- fail to discriminate between those taking part in the fighting and those, such as civilians, who are not, the purpose being to protect the civilian population, individual civilians and civilian property;- cause superfluous injury or unnecessary suffering;- cause severe or long-term damage to the environment.

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When you (journalist) write a conflict story, you need to know thoroughly about the occurrence. Besides, you also need to write correctly on the conflict without biased.Customary law-Customary international law consists of rules that come from "a general practice accepted as law" and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims

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Mr. Jean-Yves Clemenzo, Head of Communications at the International Committee of the Red Cross (ICRC) in Myanmar, previously spokesperson for the ICRC Eastern Africa, explained about the responsibilities of ICRC in brief during a meeting with some journalists at Central Hotel in Yangon

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https://www.facebook.com/zin.linn.9/posts/10208644837335021?pnref=storyhttps://www.facebook.com/zin.linn.9/aboutU ZIN LINNFreelancer at Freelance JournalistPast: Poets & Writers Studied Philosophy at Workres'College, RangoonPast: S.H.S. Tamwe (2)Lives in Bangkok, ThailandFrom Yangon, [email protected]