PRINCIPLES

OF
INTERNATIONAL
HUMANITARIAN LAW

Review of some concepts

1. What is IHL?
It is also known as the law of armed conflict or the law of war;
A set of rules that, for humanitarian reasons, seek to limit the

effects of war;
It protects persons who are not or are no longer participating

in the hostilities and restricts the means and methods of

warfare;
31-07-2004 Legal Fact Sheet: last access on 18 June 2013: http://www.icrc.org/eng/resources/
documents/legal-fact-sheet/humanitarian-law-factsheet.htm#header

PIL AND IHL

SEE FIGURES 1-1 AND 1-2 page 20 - - - - - -

COURSE MANUAL OF THE PEACE OPERATIONS

TRAINING INSTITUTE
SOURCES OF IHL?

Where did IHL 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.

ORIGINS/DEVELOPMENT
CUSTOMARY IN NATURE
BATTLE OF SOLFERINO (FRENCH V. AUSTRIAN

IN ITALY) - H. DUNANT
1864 Geneva Convention
Two Separate Legal Currents (up until 1977)
Law of Geneva - protection of the victims
Law of the Hague - prohibitions and limitations on

specific means and methods of warfare.

5

Jus in bello
The purpose of international humanitarian law is to

limit the suffering caused by war by protecting and

assisting its victims as far as possible.
therefore addresses the reality of a conflict without

considering the reasons for or legality of resorting to

force
Sourcehttp://www.icrc.org/eng/assets/files/other/icrc_002_0703.pdf

Jus in bello
The application of IHL does not involve the denunciation of
guilty parties as that would be bound to arouse controversy
and paralyse implementation of the law, since each
adversary would claim to be a victim of aggression.

IHL is intended to protect war victims and their

fundamental rights, no matter to which party they
belong.
Source: http://www.icrc.org/eng/assets/files/other/icrc_002_0703.pdf

Jus ad bellum or jus contra bellum

law on the use of force or law on the prevention of

war
Principally the UN Charter applies on the Law on the

Use of Force
Art. 2 (4) of the UN Charter: All Members shall refrain in their
international relations from the threat or use of force against
the territorial integrity or political independence of any state,
or in any other manner inconsistent with the Purposes of the
United Nations.
sourcehttp://www.icrc.org/eng/assets/files/other/icrc_002_0703.pdf

Exceptions to use of force:

2. Security Council Enforcement Measures (Chapter

VII)
3. Enforcement of Peoples right to self-

determination (war of national liberation)

Recognized for the first time in Resolution 2105
(XX) of the UN General Assembly (20 December
1965)

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 (195 states);

The Conventions have been developed and

supplemented by two further agreements: the Additional

Protocols of 1977 relating to the protection of victims of
armed conflicts.

The 4 Geneva Conventions of 1949 and

2 Additional Protocols:
Convention (I) for the Amelioration of the Condition of the

Wounded and Sick in Armed Forces in the Field. Geneva,

12 August 1949;
Convention (II) for the Amelioration of the Condition of

Wounded, Sick and Shipwrecked Members of Armed

Forces at Sea. Geneva, 12 August 1949.
Convention (III) relative to the Treatment of Prisoners of

War. Geneva, 12 August 1949.Convention

GC and AP
Convention (IV) relative to the Protection of Civilian

Persons in Time of War, Geneva, 12 August 1949.

Protocol Additional to the Geneva Conventions of 12

August 1949, and relating to the Protection of Victims of

International Armed Conflicts. Geneva, 8 June 1977.
Protocol Additional to the Geneva Conventions of 12

August 1949, and relating to the Protection of Victims of

Non-International Armed Conflicts. Geneva, 8 June
1977.

Other agreements. . .
Other agreements prohibit the use of certain weapons

and military tactics and protect certain categories of

people and goods. For example:
+1954 Convention for the Protection of Cultural
Property in the Event of Armed Conflict,
+1972 Biological Weapons Convention;
+1980 Conventional Weapons Convention and its five
protocols;
+1993 Chemical Weapons Convention;! the 1997 Ottawa
Convention on anti-personnel mines;

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.

What is armed conflict? When does it

exist?
NOTE 1 -DELIBERATE USE OF armed conflict AS

OPPOSED to the word war - to avoid being

entangled in the problem of definitions and
justifications
Armed conflict any difference arising between two

states and leading to the intervention of armed forces

is an armed conflict (See page 23, Course Manual of the

Definition of Armed conflict

Note 2 - Treaties do not define armed conflict
Dusko Tadic - ICTY gave the first comprehensive

definition :
an armed conflict exists whenever there is a

resort to armed force between States or

protracted armed violence between
governmental authorities and organized
armed groups or between such groups within
a State
16

Distinguishes two types of conflicts:

IHL distinguishes between international and non-

international armed conflict.

International armed conflicts are those in which at

least two States are involved;

Non-international armed conflicts are those

restricted to the territory of a single State, involving

either regular armed forces fighting groups of armed
dissidents, or armed groups fighting each other.

Applicable Laws
International Armed Conflict:
GC + AP I
Non-international Armed Conflict:
ART. 3 COMMON TO GCs +AP II

Common Art. 3
In the case of armed conflicts not of an international
character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be
bound to apply, as a minimum, the following provisions:
1)Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms
and those placed hors de combat by sickness, wounds,
detention, or any other cause, shall in all circumstances
be treated humanely, without any adverse distinction
founded on race, colour, religion or faith, sex, birth or
wealth, or any other similar criteria.

Common Article 3
To this end, the following acts are and shall remain
prohibited at any time and any place whatsoever with
respect to the above- mentioned persons: a) violence to
life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture; b) taking of
hostages; c) outrages against personal dignity, in
particular humiliating and degrading treatment; d) 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.

Common Art. 3
2)The wounded and sick shall be collected and cared

for. An impartial humanitarian body, such as the

International Committee of the Red Cross, may offer
its services to the Parties to the conflict. The Parties to
the conflict should further endeavour to bring into
force, by means of special agreements, all or part of
the other provisions of the present Convention. The
application of the preceding provisions shall not
affect the legal status of the Parties to the conflict.

What law applies to internal disturbances

and other situations of internal violence?
International humanitarian law does not apply to
situations of violence not amounting in intensity to
an armed conflict. Cases of this type are governed by
the provisions of human rights law and such
measures of domestic legislation as may be invoked.
Source: http://www.icrc.org/eng/assets/files/other/icrc_002_0703.pdf)

What does international

humanitarian law cover?
International humanitarian law covers two areas:
1. the protection of those who are not, or no longer, taking

part in fighting; and

2. restrictions on the means of warfare in particular weapons

and the methods of warfare, such as military tactics.

Footnote: historically No. 1 is called Law of Geneva & No.
2 Law of the Hague; but with AP I & II of 1977 distinction
disappeared

What is protection in IHL?

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,

such as wounded, shipwrecked and sick combatants,

and prisoners of war.

 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: (legal guarantees)

+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.

 There are also detailed rules governing the conditions

of detention for prisoners of war and the way in

which civilians are to be treated when under the
authority of an enemy power.

What restrictions are there on

weapons and tactics?
International humanitarian law prohibits all means and
methods of warfare which:
1. 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;
2. cause superfluous injury or unnecessary suffering;
3. cause severe or long-term damage to the environment.

Principles governing IHL/Essential

Rules
1. Pirnciple of Humanity
2. Principle of Distinction
3. Principle of Proportionality
4. Principle of Precaution in attack (prevention of
unnecessary suffering)

Principle of humanity
In the 18th century, Jean-Jacques Rousseau made a

major contribution by formulating the following

principle about the development of war between States:
War is in no way a relationship of man with man but a
relationship between States, in which individuals are enemies
only by accident; not as men, nor even as citizens, but as
soldiers (...). Since the object of war is to destroy the enemy
State, it is legitimate to kill the latters defenders as long as
they are carrying arms; but as soon as they lay them down and
surrender, they cease to be enemies or agents of the enemy, and
again become mere men, and it is no longer legitimate to take
their lives.

Martens clause:
In 1899, Fyodor Martens laid down the following

principle for cases not covered by humanitarian law:

(...) civilians and combatants remain under the protection
and authority of the principles of international law
derived from established custom, from the principles of
humanity and from the dictates of public conscience.
AP I, ART. 1, par. 2

Principle of Distinction
Principles of Distinction and military necessity:
(...) the Parties to the conflict shall at all times
distinguish between the civilian population and
combatants and between civilian objects and military
objectives and accordingly shall direct their
operations only against military objectives.
(Art. 48, Protocol I; see also Art. 13, Protocol II).

PRINCIPLE OF DISTINCTION
prohibits all means and methods that can not make a
distinction between those who do take part in hostilities
-combatants, and those who do not and therefore are
civilian, protected persons (article 48 IAP).

http://www.diakonia.se/sa/node.asp?node=887

Some definitions:
Combatants - persons taking a direct part in hostilities
or a member of the armed forces
Civilians Any person who is not a combatant
Hors de combat describes combatants that have been
captured, or wounded or are sick or shipwrecked thus not in a position to fight

 Military targets combatants and objects which by

their nature, location, purpose or use make an

effective contribution to military action and whose
destruction offers a definite military advantage.
Civilian objects those that are not military targets

Source: Exploring humanitarian law icrc 2001

Principle of Proportionality
the underlying principle of proportionality seeks to

strike a balance between two diverging interests,

one dictated by considerations of military need and the
other by requirements of humanity when the rights
or prohibitions are not absolute

Source: http://www.icrc.org/eng/assets/files/other/icrc_002_0703.pdf

 The principle of proportionality (article 51(5)(b)

IAP) states that even if there is a clear military

target it is not possible to attack it if the harmto
civilians or civilian property isexcessive tothe
expected military advantage.

http://www.diakonia.se/sa/node.asp?node=887

Principle of precaution in attack

part of principle of distinction
Considering: (...) That the only legitimate object which
States should endeavour to accomplish during war is to
weaken the military forces of the enemy;
That for this purpose it is sufficient to disable the greatest
possible number of men;
That this object would be exceeded by the employment of
arms which uselessly aggravate the sufferings of disabled
men, or render their death inevitable.

Complimentarity of
HUMAN RIGHTS LAW AND IHL
International Humanitarian Law

International Human Rights Law

1. Applies during war time

1. Applies during peace time and war

time

2. No derogations at all times

2. Derogations are allowed in some

circumstances

3. Appllies to all parties to the conflict

3. Applies to everyone

Source: http://www.icrc.org/eng/
assets/files/other/icrc_002_0703.pdf

WHAT IS THE ICRCS ROLE IN ENSURING

RESPECT FOR HUMANITARIAN LAW?
As the promoter and guardian of international
humanitarian law, the ICRC must encourage respect
for the law. It does so by:
1. Dissemination and Advisory Services (Technical

Support)
2. Reminding parties in conflict of their obligations

(Confidential Representations/ Exceptionally:

Publicize)

Thank you and GOD BLESS