UNDERSTANDING THE BASICS OF

INTERNATIONAL
HUMANITARIAN LAW (IHL)

Atty. Monalisa L. Barro

ICRC Legal Officer
REALITY OF WAR

“Over the past 3,400 years, humans have

been entirely at peace for 268 of them, or just
8 percent of recorded history.”
WHAT IS IHL?
INTERNATIONAL HUMANITARIAN LAW (IHL)
LAW OF ARMED CONFLICT / LAW OF WAR

 set of rules which aims to limit

the effects of hostilities for
humanitarian reasons

 protects those not or no longer

participating in hostilities

 restricts the use of weapons

and methods of warfare
WHEN DOES IHL APPLY?

IHL CONCERNS:

 International Armed Conflict

(IAC) - between countries

 Non-International Armed Conflict

(NIAC) - takes place within one
country between government
forces and non-state armed
groups or among NSAGs

IHL applies to all parties to a conflict regardless of who started it

and regardless of formal declarations on the existence of an armed
conflict.
WHO DOES IHL PROTECT?

 IHL protects those who

are not or no longer
fighting, such as:

 civilians
 medical and religious
personnel (both military
and civilian)
 wounded, sick,
shipwrecked fighters
 those deprived of liberty
due to armed conflict
HOW DOES IHL PROTECT?
 requires parties to distinguish
between combatants/fighters and
civilians

 prohibits attacks on civilians

 prohibits indiscriminate attacks
and the use of weapons that do
not distinguish

 requires care for wounded, sick and

shipwrecked & protects medical
personnel

 prohibits or limits the use of weapons

and methods that are particularly
cruel and cause unnecessary
suffering
IHL Principles
DISTINCTION

Parties to the conflict must at all times distinguish

between the civilian population and those directly
participating in hostilities, and between civilian
objects and military objectives.
PROPORTIONALITY
It is prohibited to launch an attack which
may be expected to cause incidental loss
of civilian life, injury to civilians, damage to
civilian objects, or a combination thereof,
which would be excessive in relation to
the concrete and direct military
advantage anticipated.
PRECAUTION

We must take all feasible care in the

choice of means and methods of
attack with a view to avoiding, and in
any event to minimizing, incidental
loss of civilian life, injury to civilians
and damage to civilian objects.
Limitations on the means
and methods of warfare
The right of the Parties to the conflict
to choose methods and means of
warfare is not unlimited.
Limitations on the means
and methods of warfare
It is prohibited to employ means
and methods of warfare of a
nature to cause superfluous
injury or unnecessary suffering.
 IHL
Only in times of armed conflict
Absolutely non-derogable
Holds accountable all parties to
the conflict, including states & non-
state actors, as well as individuals
Protects human dignity & deals with
conduct of hostilities
Use of lethal force permitted by
military necessity
IHRL
Both in times of peace & armed
conflict
Permits derogation of some rights
during public emergency
Holds accountable only states
through their governments
Protects human dignity
Use of lethal force only if
absolutely necessary (self-
defense or defense of others, for
example)
The ICRC acts as a point of reference on IHL,
providing technical and material support to
parties to conflicts, but plays NO ROLE in the
investigation, prosecution and punishment of
crimes covered by RA 9851 and RA 10530.
EVEN WARS HAVE LIMITS
Thank you!
www.icrc.org