international humanitarian law.pptx

INTERNATIONAL HUMANITARIAN LAW

International Humanitarian Law defined

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.

It is also known the law of war or the law of armed conflict

Application of IHL

IHL 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

IHL distinguishes between international and non-international armed conflict

Sources of IHL

Hague Law The Geneva Convention

Categories of Armed Conflicts

International Armed Conflicts – at least 2 States are involved

Non- International Armed Conflicts – restricted to the territory of a single state, involving either regular armed forces fighting groups of armed dissidents or armed groups fighting each other.

Geneva ConventionThe four (4) Conventions

I. First Geneva Convention – the amelioration of the Condition of the wounded and sick in Armed Forces in the field, 1864

II. Second Geneva Convention – the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea, 1906

III. Third Geneva Convention – relative to the treatment of Prisoners of War, 1929

IV. Fourth Geneva Convention – relative to the Protection of Civilian Persons in Time of War, 1949

Geneva ConventionThe Protocols

I. Protocol I (1977) – relating to the Protection of Victims of International Armed Conflicts

II. Protocol II (1977) – relating to the Protection of Victims of Non-International Armed Conflicts

III. Protocol III (2005) – relating to the Adoption of an Additional Distinctive Emblem

International Commission of the Red Cross Rules Governing Armed Conflicts

Soldiers’ Rules Be disciplined soldier. Disobedience of the laws

of war dishonors your army and yourself and causes unnecessary suffering; far from weakening the enemy’s to fight, it often strengthens it.

Fight only enemy combatants and attack only military objectives

Destroy no more than your mission requires. Do not fight enemies who are “out of combat”

(hors de combat) or have surrendered. Disarm them and hand them over to your superior.


Soldiers’ Rules Collect and care for the wounded and sick, be

they friend or foe Treat all civilians and all enemies in your

power with humanity. Prisoners of war must be treated humanely

and are bound to give only information about their identity. No physical or mental torture of prisoners of war is permitted.

Do not take hostages.


Soldiers’ Rules Abstain from all acts of vengeance. Respect all persons objects bearing the

emblem of the red cross, red crescent, red lion and sun, the white flag of truce or emblems designating cultural property.

Respect other people’s property. Looting is prohibited.

Endeavor to prevent any breach of the above rules. Report any violation to your superior. Any breach of the law of is punishable.


Fundamental Rules of IHL Applicable to Armed Conflicts

Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely without any adverse distinction.

It is forbidden to kill or injure an enemy who surrenders or who is hors de combat .

The wounded and sick shall be collected and cared for by the party to the conflict which has them in its power.



Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives,dignity, personal rights and convictions. They shall be protected against all acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.

Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held responsible for an act he has not committed. No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment.



Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering.

Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the object of attack. Attacks shall be directed solely against military objectives.


Non- International Armed Conflicts Obligation to distinguish between combatants

and civilians. Prohibition of attacks against civilian population

as such or against individual civilians Prohibition of superfluous injury or unnecessary

suffering The prohibition to kill, injure or capture an

adversary by resort to perfidy Obligation to respect and protect medical and

religious personnel and medical units and transport in the conduct of military operations


Non- International Armed ConflictsThe general rule prohibiting attacks upon the civilian population implies:

a. Prohibition of attacks on dwelling and other installations-used only by the civilian

population

b. Prohibition to attack,destroy,remove and render useless objects-indispensable to the survival of civilian population


Non- International Armed Conflicts

Distinguish between combatants and civilians and prohibition of attacks against the civilian population


Non- International Armed Conflicts Prohibited Acts:

violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture taking of hostages outrages upon personal dignity, in particular humiliating and degrading treatment


Non- International Armed Conflicts Prohibited Acts:

the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples

Use of chemical weapons and poisons

Rules on Prisoners of War

Prisoners of war must at all times be humanely treated

Prisoners of war are entitled in all circumstances to respect for their persons and their honour

The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health

Neutrality

The condition of the state that does not take part, directly or indirectly in a war between states.

The general policy at present is to recognize only perfect or absolute neutrality, which imports that the third state does not take sides in any way whatsoever when other states are at war.

Neutrality

Rules of Neutrality

To abstain from taking part in hostilities in hostilities and from giving assistance to either belligerent by:

1. The sending of troops2. The official grant of loan3. The carriage of contraband

Neutrality

Rules of Neutrality

To prevent its territory and other resources from being used in the conduct of hostilities, e.g. allowing territory to be used as the base of operations

To acquiesce to certain restrictions and limitations which the belligerents may find necessary to impose.

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international humanitarian law.pptx

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