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Basic Concepts and History of IHL
Basic Concepts and History of IHL
The first question we are going to answer in this video is: What is
international humanitarian law? International humanitarian law, also
known as the law of armed conflict or use in bello or simply IHL is a
specialized field of public international law which primarily regulates
the conduct of parties engaged in an armed conflict. IHL seeks to limit
the consequences of armed conflict and aims to protect individuals,
whether they're civilian or military and whether wounded or active. To
mitigate the effects of war, belligerent states and other armed groups
engaged in the conflict are obliged to conduct hostilities within certain
legal boundaries. IHL ultimately seeks to strike a balance between two
main underlying principles, the principle of humanity and the principle
of military necessity.
Hague law refers to the Hague Convention of 1899 and 1907 and the
laws on the protection of certain individuals were laid down in the four
1949 Geneva Conventions.
A substantial part of IHL has been codified in the revised 1949 Geneva
Conventions. Because nearly every state in the world has signed and
ratified these conventions, they have become one of the most widely
accepted international treaty bodies in the world.
Both the Hague regulations and the Geneva Conventions have been
developed and supplemented by the Additional Protocols of 1977,
relating to the protection of victims of armed conflicts.
The protocols aimed to combine these two branches of IHL, and as a
consequence, the distinction between Hague law and Geneva law has
since become less relevant.
Since then, IHL has developed into one of the most comprehensive and
universally recognized bodies of international law.
The final question, where does IHL stand in the international legal
order? IHL is a specific field within public international law. It is the
body of law that regulates the conduct of parties engaged in an armed
conflict. One of its crucial characteristics is that IHL applies only if an
armed conflict exists. IHL however does not regulate whether the use
of force by one state against another is lawful. Whether the resort to
force is lawful in the first place is regulated by a different body of law,
the law on the use of force also called the jus ad bellum.
IHL applies to armed conflict, but it is certainly not the only body of law
that applies in situations of war. Human rights law, for instance, applies
in peace times but continues to apply in wartime situations.
Human rights law, like IHL, strives to protect the lives, the health and
the dignity of individuals albeit from a different angle. While IHL and
human rights law have similarities, these bodies of law also have
important differences in their origins and scope of application. The final
body of law we would like to cover is International Criminal Law. One
method to enforce IHL or in other words prevent and repress violations
of IHL is the initiation of criminal prosecution and sanctions.
IHL itself does not regulate in detail how such criminal prosecution and
sanctions should be carried out when the laws of armed conflict are
violated. This is the task of domestic and international criminal law.