INTERNATIONAL HUMANITARIAN LAW

1. What is international humanitarian law (IHL)?

2. What is the difference between humanitarian law and human rights law?

3. Where did international humanitarian law originate?

4. Where is international humanitarian law to be found?

5. When does international humanitarian law apply?

6. What does international humanitarian law cover?

7. Does international humanitarian law has a force and effect in our domestic law?

OBJECTIVE:

International humanitarian law is the law that regulates the conduct of armed conflict. It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and method of warfare available to combatants.

1. What is international humanitarian law?

Differences

Humanitarian law Human rights lawapplies in situations of

armed conflictaims to protect people

who do not or are no longer taking part in hostilities

must be observed by the States and all those forces who are taking part in the hostilities.

applies in times of war* and peace alike

principal goal is to protect individuals from arbitrary behaviour by their own governments

must be observed by all persons at all times and the government

SimilaritiesBoth laws strive to protect the lives, health and

dignity of individuals, albeit from a different angle.

Both laws recognize the sanctity and value of human persons and the respect thereof.

The duty to implement IHL and human rights lies first and foremost with States. Humanitarian law obliges States to take practical and legal measures, such as enacting penal legislation and disseminating IHL. Similarly, States are bound by human rights law to accord national law with international obligations.

Where did international humanitarian law originate?

International humanitarian law is rooted in the rules of ancient civilizations and religions – warfare has always been subject to certain principles and customs.

Universal codification of international humanitarian law began in the nineteenth century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare.

Where is international humanitarian law to be found? Sources of IHL: Geneva Conventions of 1949. Additional Protocols of 1977 relating to the protection of

victims of armed conflicts. The 1954 Convention for the Protection of Cultural

Property in the Event of Armed Conflict The 1972 Biological Weapons Convention The 1980 Conventional Weapons Convention and its five

protocols The 1993 Chemical Weapons Convention The 1997 Ottawa Convention on anti-personnel mines The 2000 Optional Protocol to the Convention on the

Rights of the Child on the involvement of children in armed conflict

When does international humanitarian law apply?

International humanitarian law applies only to armed conflict; it does not cover internal tensions or disturbances such as isolated acts of violence.

The law applies only once a conflict has begun, and then equally to all sides regardless of who started the fighting.

Two kinds of armed conflict:

1. International armed conflicts

2. Non-international armed conflicts

International armed conflicts

International armed conflicts are those in which at least two States are involved. They are subject to a wide range of rules, including those set out in the four Geneva Conventions and Additional Protocols.

Common Article 2 to the Geneva Conventions of 1949 states that:

“…the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.”

Jurisprudence: ICTY, The Prosecutor v. Dusko Tadic

“an armed conflict exists whenever there is a resort to armed force between States”

Non-international armed conflicts

Non-international armed conflicts are protracted armed confrontations occurring between governmental armed forces and the forces of one or more armed groups, or between such groups arising on the territory of a State.

Common Article 3 to the Geneva Conventions of 1949 applies to “armed conflicts not of an international character occurring in the territory of one of the High Contracting Parties”.

Jurisprudence: ICTY, The Prosecutor v. Dusko Tadic

“whenever there is xxx protracted armed violence between governmental authorities and organized armed groups or between such groups within a State.

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.

Who are protected?

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, such as wounded, shipwrecked and sick combatants, and prisoners of war.

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 and ambulances must all be protected.

What restrictions are there onweapons and tactics?International humanitarian law prohibits all means and methods of warfare 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 sufferingcause severe or long-term damage to the

environment

Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines.

Does International humanitarian law has a force and effect in our domestic law?

Yes. By the doctrine of incorporation and by our own enactment of law which penalizes violation against International Humanitarian Law.

1987 Philippines Constitution provides that “The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land…”

Salient Features of R.A. 9851 REPUBLIC ACT NO. 9851 AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL

HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES

Sec. 3. (c) "Armed conflict" means any use of force or armed violence between States or a protracted armed violence between governmental authorities and organized armed groups or between such groups within that State: Provided, That such force or armed violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12 August 1949, including their common Article 3, apply. Armed conflict may be international, that is, between two (2) or more States, including belligerent occupation; or non-international, that is, between governmental authorities and organized armed groups or between such groups within a state. It does not cover internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar nature.

Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against Interntional Human Humanitarian Law" means:

(a) In case of an international armed conflict , grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under provisions of the relevant Geneva Convention:

(1) Willful killing;(2) Torture or inhuman treatment, including biological experiments;(3) Willfully causing great suffering, or serious injury to body or health;(4) Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly;(5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;(7) Taking of hostages;(8) Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile power; and(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons.

(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (4) Geneva Conventions of 12 August 1949, namely , any of the following acts committed against persons taking no active part in the hostilities, including member of the armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause;

(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;(2) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;(3) Taking of hostages; and(4) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.