Running head: INTERNATIONAL HUMANITARIAN LAW 1

International Humanitarian Law

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International Humanitarian Law

International humanitarian law (IHL), also called the law of war, strives to set limits on

the suffering and destruction caused by armed conflict. The IHL concept can be attributed to the

terrible 1859 Battle of Solferino, which pitted France against Austria in northern Italy (Bouvier,

2012). A Geneva businessman, Henry Dunant, witnessed that carnage and was appalled by the

horrifying situation of the wounded victims abandoned on the battlefields. Dunant enlisted the

help of the local inhabitants collecting and caring for the wounded victims. He would later write

a book where he described the ghastly battle and suggested potential measures to mitigate the

suffering of war victims. In this regard, Dunant presented three proposals including the

requirement for states to adopt an international treaty that guaranteed legal protection to war

victims, military hospitals, and medical attendants. This proposal would later inspire the concept

of IHL through the first Geneva Convention of 1864 and the resultant Hague law.

In essence, IHL establishes a key part of public international law that entails the rules

which, during warfare, aim at protecting people who are not a party to the hostilities and to limit

the methods and means of warfare utilized. The IHL is premised on agreements between

different sovereign countries, which can be in the form of treaties, conventions, and customary

laws that govern state practices (Hill-Cawthorne, 2017). IHL is, however, premised on certain

general principles that include distinguishing between combatants and civilians, prohibiting the

infliction of needless suffering, prohibiting attacks on hors de combat, the principle of

proportionality, the principle of humanity, and the notion of necessity.

The distinction between fighters and civilians is a principle premised on the notion that

only troopers can be directly targeted. IHL provides this necessary compromise to protect

civilians caught up in the middle of a war (Basic principles of IHL, n.d.). Without this principle,
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there would be no restriction on the methods of warfare. While IHL discourages violence, it also

vetoes the infliction of unwarranted suffering. In this regard, fighters subjected to lawful attacked

are also covered by this prohibition. The ban on blinding laser weapons is an example of rules

established based on this principle. IHL also prohibits attacks on any person hors de combat such

as wounded and sick people or prisoners of war (Basic principles of IHL, n.d.). For instance, it is

lawful to target soldiers under normal warfare circumstances, but IHL prohibits an attack on any

fighter that surrenders or is wounded and harmless. Moreover, such combatants are entitled to

substantial protections if they are deemed to be prisoners of war.

In addition, IHL has the principle of proportionality that restricts potential harm to non-

combatants or civilians in what is popularly referred to as collateral damage. Essentially, it

demands that a minimum amount of harm can be caused to civilians (Basic principles of IHL,

n.d.). Besides, when such harm must occur, then it should correspond to the military advantage.

The article that prescribes this principle prohibits attacks when the military advantage sought

does not warrant the resultant civilian harm. On the other hand, military necessity permits

soldiers to engage in conduct that would culminate in the destruction and infliction of harm as

part of winning a war or battle (Hill-Cawthorne, 2017). However, IHL demands that military

necessity should not warrant the combatants to ignore humanitarian considerations. Lastly, the

IHL’s principle of humanity asserts that every human should respect and care for everyone

including their sworn enemies. It is this principle that inspired Henry Dunant to establish the

International Committee of the Red Cross (ICRC).

In this modern era, every measure should be taken towards respecting international

humanitarian law. Consequently, nations have a duty to train their militaries and the general

public on the basic principles of IHL. In the same vein, countries should strive to avert violations
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or punish the violators. Particularly, there should be stringent laws to punish serious violators of

the Geneva Conventions as well as the Additional Protocols. The nations of the world should

also enact laws to protect humanitarian organizations such as the red cross. Therefore, everyone

including individuals, governments, and various organizations, has an important role to play

toward realizing compliance with IHL.

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References

Basic principles of IHL. (n.d.). Retrieved February 13, 2020, from

https://www.diakonia.se/en/ihl/the-law/international-humanitarian-law-1/introduction-to-

ihl/principles-of-international-law/

Bouvier, A. (2012). International humanitarian law and the law of armed conflict. Peace

Operations Training Institute.

Hill-Cawthorne, L. (2017). Rights under international humanitarian law, European Journal of

International Law, 28 (4), 1187–1215,