Jagannath University

Department of Land Management and Law

LL.M First Semester, Final Examination-2021
LAN 5103: International Humanitarian Law
Full Marks: 70 Time: 4 hours
All questions are equal in value. Answer any five of the following questions
1. (a) The distinction between the ‘law of Geneva and the law of Hague’ is not applicable in
present times'- Do you agree with the statement? Answer with your reasons.
(b) Discuss the principles of International Humanitarian law (IHL).
2. Explain the term protected person under the Four Geneva Conventions, 1949. Discuss the
rights and responsibilities of protected persons under these conventions. Critically analyze the
exhaustibility protection mechanisms under these conventions.
3. Who is considered a prisoner of war? Explain the roles regarding the beginning and ending up
of the captivity. When and why can a prisoner be interned? What are the basic protection
mechanisms which the war prisoners in Mario Pol should get in Ukraine Russia War,2022?
Explain with criticism.
4. Are civilian and combatant women given equal protection under IHL? Mention the protection
provided to women during armed conflict.
5. How does IHL deal with the issue of protecting the environment during armed conflict?
Discuss the advisory opinion given by the International Court of Justice (ICJ) in the Nuclear
Weapons Case (1996) regarding the protection of the environment during armed conflict.
6. Explain various types of jurisdictions for trialing the violation of International Humanitarian
Law. Discuss the constitution, jurisdictions, and significance of the Nuremberg Tribunal (IMT)
and International Criminal Tribunal for Rwanda with criticisms.
7. Why and how was the International Committee of Red Cross constituted? How is the
International Committee of Red Cross coordinating among the member state societies for Red
Cross and Red Crescent? Give suggestions on how can the International Red Cross Committee
play a more effective role.
8. Write short notes:
a) Enhanced protection of cultural property during Armed Conflict
b) Hors de Combat and War crimes
c) Just War, Jus in Bello, Jus in Bellum
d) International Humanitarian Law and International Human Rights Law
1. (a) The distinction between the ‘law of Geneva and the law of Hague’ is not applicable in
present times'- Do you agree with the statement? Answer with your reasons.
The statement that "the distinction between the 'law of Geneva and the law of Hague' is not
applicable in present times" is not entirely accurate. The distinction between the law of Geneva
and the law of Hague remains relevant in contemporary international law, but its significance
and application have evolved over time.
1.
Geneva Conventions:

• Purpose: The Geneva Conventions are a set of international treaties that primarily focus
on the protection of individuals who are not taking part in hostilities during armed
conflicts. This includes civilians and wounded, sick, and shipwrecked military personnel.
• Content: The Geneva Conventions consist of four main treaties, each dealing with a
different aspect of humanitarian law:
• Geneva Convention I: Protects wounded and sick military personnel on land
during armed conflicts.
• Geneva Convention II: Protects wounded, sick, and shipwrecked military
personnel at sea during armed conflicts.
• Geneva Convention III: Provides for the treatment of prisoners of war.
• Geneva Convention IV: Extends protections to civilians, including those in
occupied territories.
2. Hague Conventions:
• Purpose: The Hague Conventions, also known as the Hague Peace Conferences, are a
series of international treaties and agreements that focus on regulating the conduct of
armed conflict and the means and methods of warfare.
• Content: The Hague Conventions cover a broader range of topics, including the use of
certain types of weapons, the treatment of enemy combatants, and the protection of
cultural property during armed conflict. Some key agreements within the Hague
Conventions include:
• Hague Convention (IV) Respecting the Laws and Customs of War on Land: This
convention addresses the treatment of civilians and combatants in land warfare.
• Hague Convention (X) for the Adaptation to Maritime Warfare of the Principles of
the Geneva Convention: This convention extends some humanitarian protections to
naval warfare.
• Hague Convention (II) on the Laws and Customs of War on Land and its annexed
Regulations: This includes rules about the conduct of hostilities on land.
In summary, the Geneva Conventions primarily focus on the protection of individuals during
armed conflicts, including civilians and combatants, whereas the Hague Conventions are
broader in scope, addressing not only the protection of individuals but also the rules
governing the means and methods of warfare. Both sets of conventions play important roles in
the development and application of international humanitarian law, seeking to minimize the
suffering and destruction caused by armed conflicts.

The Law of Geneva and the Law of the Hague are two branches of international humanitarian law
(IHL), which is the body of law that regulates the conduct of armed conflict. The Law of Geneva
is concerned with the protection of victims of war, while the Law of the Hague is concerned with
the conduct of hostilities.
The Law of Geneva was first codified in the 1864 Geneva Convention for the Amelioration of the
Condition of the Wounded in Armies in the Field. Since then, it has been supplemented by four
additional conventions, as well as by a number of protocols and declarations. The Law of Geneva
protects the following categories of people:
• wounded and sick combatants
• shipwrecked members of armed forces
• prisoners of war
• civilians in occupied territory
• medical personnel and religious personnel
• the civilian population
The Law of the Hague was first codified in the 1899 Hague Conventions and the 1907 Hague
Conventions. It prohibits the use of certain weapons and methods of warfare, such as expanding
bullets and poison gas. It also regulates the conduct of hostilities, such as the treatment of prisoners
of war and the protection of civilian property.
The distinction between the Law of Geneva and the Law of the Hague has become less clear in
recent years. This is due to the adoption of Additional Protocols to the 1949 Geneva
Conventions, which codify and develop rules on the conduct of hostilities. As a result, the two
branches of IHL are now more closely intertwined.
Despite the blurring of the distinction between the Law of Geneva and the Law of the Hague, it is
still important to understand the differences between them. The Law of Geneva is primarily
concerned with protecting the victims of war, while the Law of the Hague is primarily
concerned with regulating the conduct of hostilities. This distinction is important because it
helps to ensure that the rights of victims of war are protected, even in the midst of armed conflict.
Here is a table summarizing the key differences between the Law of Geneva and the Law of the
Hague:
 Characteristic Law of Geneva Law of the Hague
Primary purpose Protects victims of war Regulates conduct of
hostilities
Protected persons Wounded and sick combatants, All persons who are not taking
shipwrecked members of armed forces, part in hostilities, including
prisoners of war, civilians in occupied combatants who are hors de
territory, medical personnel and religious combat
personnel, the civilian population
Weapons and Prohibits the use of certain weapons and Regulates the use of certain
methods of methods of warfare weapons and methods of
warfare warfare
Conduct of Protects certain objects, such as hospitals Regulates the conduct of
hostilities and places of worship, and prohibits hostilities, such as the
certain acts, such as the killing of prisoners targeting of civilians and the
of war use of force in self-defense

Here are some reasons why this distinction remains applicable:

1. Historical Significance: The distinction between the law of Geneva and the law of Hague
originated from historical treaties, primarily the Geneva Conventions (1949) and the Hague
Conventions (1899 and 1907). These treaties still serve as essential pillars of international
humanitarian law and rules governing armed conflicts.
2. Relevance in Armed Conflicts: The Geneva Conventions, which fall under the law of
Geneva, primarily address the protection of civilians and combatants who are no longer
taking part in hostilities (e.g., wounded, sick, and shipwrecked personnel). They are
particularly relevant in contemporary armed conflicts, including non-international armed
conflicts and conflicts involving non-state actors.
3. Applicability to New Types of Conflict: The nature of armed conflicts has evolved with
the rise of non-state actors and new forms of warfare. The principles established in both
the law of Geneva and the law of Hague continue to provide guidance on the conduct of
parties involved in these conflicts.
4. Legal Developments: Legal interpretations and customary international law have been
built upon the foundations laid by the Geneva and Hague Conventions. International courts
and tribunals, such as the International Criminal Court (ICC) and the International Court
of Justice (ICJ), continue to refer to these conventions in their jurisprudence.
5. Protection of Cultural Property: The Hague Conventions specifically address the
protection of cultural property during armed conflicts. This aspect remains relevant in
today's conflicts, where cultural heritage sites are often at risk.
6. Humanitarian Concerns: The principles of humanitarian law, as embodied in both sets of
conventions, reflect fundamental principles of humanity and the need to mitigate the
 suffering of individuals during armed conflicts. These principles continue to be of
paramount importance in contemporary conflicts.
While it is true that the distinction between the law of Geneva and the law of Hague has evolved
and adapted to modern warfare and humanitarian concerns, it is far from irrelevant in present times.
Instead, it serves as a foundation upon which the evolving field of international humanitarian law
continues to be built, ensuring that even in today's complex conflicts, certain principles and
protections are upheld.
………………

I agree with the statement that the distinction between the ‘law of Geneva and the law of
Hague’ is not applicable in present times. The two branches of international humanitarian law
(IHL) have become increasingly intertwined over the years, and the distinction between them is
becoming increasingly blurred.
The Law of Geneva (also known as the Geneva Conventions) is a body of law that protects victims
of armed conflict, such as wounded soldiers, prisoners of war, and civilians. The Law of the Hague
(also known as the Hague Conventions) is a body of law that regulates the conduct of hostilities,
such as the use of weapons and the targeting of civilians.
In the past, the two branches of IHL were seen as being separate and distinct. However, this
distinction has become increasingly blurred in recent years. This is due to a number of factors,
including:
• The development of new weapons and technologies, which have made it more difficult
to distinguish between combatants and civilians.
• The increasing use of non-state actors in armed conflict, who are not bound by the
same rules as states.
• The growing recognition that the protection of victims of armed conflict is essential
to the overall goal of limiting the suffering caused by war.
As a result of these factors, the distinction between the Law of Geneva and the Law of Hague is
becoming increasingly irrelevant. Today, both branches of IHL are seen as being essential to the
protection of civilians and other victims of armed conflict.
In addition, the Additional Protocols to the Geneva Conventions, which were adopted in 1977,
further blur the distinction between the two branches of IHL. The Additional Protocols contain
provisions on a wide range of issues, including the protection of civilians, the use of weapons, and
the conduct of hostilities. These provisions apply to both international and non-international armed
conflicts, and they reflect the growing recognition that the protection of victims of armed conflict
is essential in all types of armed conflict.
For all of these reasons, I believe that the distinction between the ‘law of Geneva and the law of
Hague’ is not applicable in present times. The two branches of IHL are increasingly seen as being
complementary, and they are both essential to the protection of civilians and other victims of armed
conflict.

(b) Discuss the principles of International Humanitarian law (IHL).

International Humanitarian Law (IHL), also known as the Law of Armed Conflict or the Laws of
War, is a set of rules and principles that govern the conduct of armed conflicts. Its primary aim is
to protect individuals who are not or are no longer taking part in hostilities, as well as to limit the
means and methods of warfare. IHL is a crucial framework for mitigating human suffering caused
by armed conflicts. Here are the key principles of International Humanitarian Law:
1. Distinction: The principle of distinction requires parties to an armed conflict to distinguish
between combatants and non-combatants. Combatants are legitimate targets, while
civilians and civilian objects are protected and should not be targeted. This principle is
aimed at minimizing harm to civilians and civilian infrastructure.
2. Proportionality: Proportionality prohibits attacks that may cause harm to civilians or
civilian objects that are excessive in relation to the anticipated military advantage gained.
It requires a careful balancing of the expected military advantage against the potential
harm to civilians and civilian objects.
3. Precautions in Attack: Parties to a conflict must take all feasible precautions to minimize
harm to civilians and civilian objects. This includes choosing means and methods of
warfare that will avoid or minimize civilian harm and giving effective warnings when
attacks could affect civilians.
4. Humanity: This fundamental principle emphasizes the humane treatment of all persons
who are not or are no longer taking part in hostilities, including wounded, sick, and
shipwrecked combatants, prisoners of war, and civilians. It prohibits violence and cruelty,
as well as acts of terrorism, torture, and inhuman treatment.
5. Necessity: The principle of necessity requires that parties to a conflict use only the amount
of force necessary to achieve a legitimate military objective. It restricts the use of force
that goes beyond what is required to achieve a specific military goal.
6. Protection of the Wounded, Sick, and Shipwrecked: IHL mandates that the wounded,
sick, and shipwrecked, whether military or civilian, must be cared for and protected.
Medical personnel, facilities, and transports must be respected and protected.
7. Protection of Prisoners of War: Persons who are captured during an armed conflict and
qualify as prisoners of war are entitled to humane treatment and certain legal protections.
They must not be subjected to torture or cruel treatment and must be allowed to correspond
with their families.
 8. Prohibition of Weapons that Cause Unnecessary Suffering: Certain weapons and
methods of warfare are prohibited because they cause excessive suffering or indiscriminate
harm. These include chemical, biological, and certain types of conventional weapons.
9. Cultural Property: IHL protects cultural property, including historical sites, museums,
and artistic treasures, from unnecessary destruction or theft during armed conflicts.
10. Respect for International Humanitarian Law: Parties to a conflict are obligated to
respect and ensure respect for IHL by their armed forces and other authorities. This includes
holding individuals accountable for violations of IHL through domestic or international
legal mechanisms.
These principles form the core of International Humanitarian Law and are meant to guide the
conduct of parties involved in armed conflicts, with the ultimate goal of minimizing human
suffering and protecting the dignity and rights of individuals affected by such conflicts. Violations
of these principles can lead to war crime prosecutions at the international level.

……….
International humanitarian law (IHL) is a body of international law that seeks to protect people
who are not or are no longer participating in armed conflict. It also seeks to restrict the methods
and means of warfare. The main principles of IHL are:
• The principle of distinction requires that parties to a conflict distinguish between civilians
and combatants, and between civilian objects and military objectives. Civilians and civilian
objects may not be attacked intentionally.
• The prohibition of attacks against those hors de combat prohibits attacks against persons
who are no longer participating in the hostilities, such as wounded, sick, shipwrecked, and
captured combatants.
• The prohibition of unnecessary suffering prohibits the use of weapons or methods of
warfare that cause superfluous injury or unnecessary suffering.
• The principle of proportionality requires that attacks be carried out in such a way that the
expected incidental loss of civilian life, injury to civilians, damage to civilian objects, or a
combination thereof, is not excessive in relation to the concrete and direct military
advantage anticipated.
• The principle of military necessity allows parties to a conflict to take all necessary
measures to achieve their military objectives, but only to the extent that these measures are
not prohibited by IHL.
These principles are not absolute, and there may be cases where they must be balanced against
each other. For example, the principle of distinction may need to be balanced against the principle
of military necessity in cases where civilians are located in close proximity to military objectives.
IHL is also based on the principles of humanity and neutrality. The principle of humanity
requires that all parties to a conflict take all feasible measures to protect the lives and dignity of
those affected by the conflict. The principle of neutrality requires that humanitarian
organizations, such as the Red Cross and Red Crescent, remain impartial and independent in
their work.
IHL is binding on all states, whether or not they are party to a particular conflict. It is also binding
on individuals, including members of the armed forces. There are a number of mechanisms in
place to ensure compliance with IHL, including international criminal law, which prohibits grave
breaches of IHL.
The principles of IHL are essential for protecting people in armed conflict. They are also essential
for maintaining the rule of law and preventing impunity for war crimes. By upholding these
principles, we can help to ensure that armed conflicts are fought in a more humane and civilized
way.
In addition to the five principles mentioned above, there are a number of other principles that are
considered to be fundamental to IHL. These include the principle of non-discrimination, the
principle of the protection of cultural property, and the principle of the right to a fair trial.
The principles of IHL are complex and evolving. However, they provide a framework for
protecting people in armed conflict and ensuring that war is fought in a more humane way. It is
important to remember that these principles are not just words on paper. They are binding on all
states and individuals, and they must be upheld in all armed conflicts.

2. Explain the term protected person under the Four Geneva Conventions, 1949. Discuss the
rights and responsibilities of protected persons under these conventions. Critically analyze the
exhaustibility protection mechanisms under these conventions.
The term "protected person" under the Four Geneva Conventions of 1949 refers to individuals who
are afforded special legal protections and rights during armed conflicts. These conventions, which
are a cornerstone of international humanitarian law, are designed to safeguard the well-being and
dignity of those who find themselves in the midst of armed conflicts, whether they are civilians or
combatants who are no longer taking part in hostilities.
There are four Geneva Conventions, each dealing with specific categories of protected persons:
1. 1864 First Geneva Convention (GC I) - Wounded and Sick in Armed Forces in the
Field: This convention primarily addresses the rights and protections of members of the
armed forces who are wounded or sick on the battlefield. It lays out the responsibilities of
parties to the conflict to provide medical care and treatment to these individuals.
2. 1949 Second Geneva Convention (GC II) - Wounded, Sick, and Shipwrecked at Sea:
GC II extends the protections of GC I to wounded, sick, and shipwrecked members of the
armed forces at sea. It also requires the humane treatment of these individuals by the
opposing party.
 3. 1949 Third Geneva Convention (GC III) - Prisoners of War: GC III focuses on the
rights and protections of prisoners of war (POWs). It outlines the treatment, living
conditions, and eventual release or repatriation of captured enemy combatants. These
individuals must be treated humanely and not subjected to torture or cruel treatment.
4. 1949 Fourth Geneva Convention (GC IV) - Civilians: GC IV is the most
comprehensive of the conventions and deals with the protection of civilians in times of
armed conflict. This includes civilians who are in occupied territories or detained by a
party to the conflict. It outlines the rights and protections afforded to these individuals,
including provisions related to housing, food, medical care, and freedom of movement.

Rights and Responsibilities of Protected Persons:

Rights of Protected Persons:
• The right to humane treatment and protection from violence, cruelty, and degrading
treatment.
• The right to medical care and treatment, especially for the wounded and sick.
• The right to respect for their persons, their honor, their family rights, their religious
convictions, and their manners and customs.
• The right to receive and send correspondence.
• The right to legal representation if accused of a crime.
• The right to fair and humane conditions of detention for prisoners of war.
Responsibilities of Parties to the Conflict:
• Parties to the conflict must adhere to the principles of distinction (distinguishing between
combatants and civilians), proportionality (proportional use of force), and precaution
(taking precautions to minimize harm to civilians).
• They must allow humanitarian organizations access to provide aid and assistance to
protected persons.
• They must not engage in acts of violence or reprisals against protected persons.
• They must facilitate the work of the International Committee of the Red Cross (ICRC) in
providing assistance and protection to those in need.
Critique of Exhaustibility of Protection Mechanisms:
While the Geneva Conventions provide a solid framework for the protection of protected persons
during armed conflicts, there are several critiques related to the exhaustibility of these
mechanisms:
 1. Enforcement and Accountability: One significant challenge is the lack of effective
enforcement mechanisms. Violations of the Conventions often go unpunished, and parties
to conflicts may not be held accountable for their actions.
2. Changing Nature of Warfare: Modern warfare has evolved, with non-state actors and
asymmetric conflicts becoming more common. The Conventions were primarily designed
for state-to-state conflicts, and their applicability in contemporary conflicts is a subject of
debate.
3. Violations and Lack of Compliance: Some parties to conflicts have shown a willingness
to violate the Conventions, undermining the effectiveness of the protections. The lack of
consequences for these violations can erode confidence in the Conventions.
4. Geopolitical Challenges: Geopolitical interests can sometimes take precedence over
humanitarian considerations, leading to a reluctance to enforce the Conventions or
intervene in ongoing conflicts.
5. Challenges in Occupied Territories: The application of GC IV in occupied territories can
be complex, with issues related to settlements, land confiscation, and the treatment of
civilians creating ongoing challenges.
In conclusion, while the Geneva Conventions establish crucial legal protections for protected
persons during armed conflicts, their effectiveness is contingent on enforcement, compliance, and
adaptation to the evolving nature of warfare. The international community faces ongoing
challenges in ensuring the comprehensive and consistent application of these conventions to
safeguard the rights and well-being of those affected by armed conflicts.

……………
Explain the term protected person under the Four Geneva Conventions, 1949.

The term "protected person" under the Four Geneva Conventions of 1949 refers to individuals who
are granted special legal protections and rights during times of armed conflict. These conventions,
which are a set of international treaties, were established to uphold humanitarian principles and
mitigate the suffering of people affected by armed conflicts, including civilians and certain
categories of combatants.
The Four Geneva Conventions and their respective categories of protected persons are as follows:
1. First Geneva Convention (GC I) - Wounded and Sick in Armed Forces in the Field:
Protected persons under GC I are members of the armed forces who are wounded, sick on
the battlefield. This category includes both friendly and enemy combatants who require
medical care and protection. The convention outlines the rights and responsibilities related
to their treatment, care, and repatriation.
 2. Second Geneva Convention (GC II) - Wounded, Sick, and Shipwrecked at Sea: GC II
extends the protections of GC I to those who are wounded, sick, or shipwrecked at sea,
including members of the armed forces and other individuals in such situations. Like GC
I, it addresses their humane treatment and access to medical care.
3. Third Geneva Convention (GC III) - Prisoners of War (POWs): Protected persons
under GC III are individuals who have been captured or detained as a result of armed
conflict and are considered prisoners of war. This category includes members of the
enemy's armed forces as well as certain categories of irregular combatants who meet the
criteria outlined in the convention. GC III provides specific protections for POWs,
including their rights to humane treatment, proper living conditions, and eventual release
or repatriation.
4. Fourth Geneva Convention (GC IV) - Civilians: GC IV is the most comprehensive of
the conventions and deals with the protection of civilians during armed conflicts. This
category includes civilians who are not taking part in hostilities, as well as civilian medical
and religious personnel, and certain other individuals, such as journalists and humanitarian
workers. GC IV outlines a wide range of rights and protections for civilians, including
provisions related to housing, food, medical care, and freedom of movement. It also
addresses the treatment of civilians in occupied territories.
In essence, the term "protected person" encompasses a diverse group of individuals who find
themselves in situations of vulnerability due to armed conflict. These conventions establish a
framework of legal obligations and responsibilities for parties to a conflict, ensuring that protected
persons are treated with dignity and humanity, regardless of their status or affiliation. The
conventions aim to reduce the suffering caused by armed conflicts and promote the principles of
humanity, neutrality, and impartiality in times of war.
………….

Under the Four Geneva Conventions of 1949, a protected person is a civilian who finds themselves
in the hands of a party to a conflict or an occupying power of which they are not nationals. This
includes:
• Nationals of a state that is not a party to the conflict;
• Nationals of a neutral state who find themselves in the territory of a belligerent state;
• Nationals of a co-belligerent state, while the state of which they are nationals has normal
diplomatic representation in the state in whose hands they are;
• Persons who are stateless;
• Persons who have renounced their nationality and have not acquired another nationality.
Protected persons are entitled to a number of protections under the Geneva Conventions, including:
• The right to be treated humanely;
 • The right to be protected from violence, insults, and public curiosity;
• The right to be informed of their rights;
• The right to be allowed to correspond with their families;
• The right to be released and repatriated at the end of the conflict.
The Geneva Conventions are binding on all states that are party to them. Any violation of the
Conventions is a war crime.
Here are some additional points about protected persons under the Geneva Conventions:
• The definition of protected persons is narrower than the definition of civilians under
international humanitarian law. Not all civilians are protected persons.
• Protected persons are not entitled to the same level of protection as prisoners of war.
However, they are entitled to a higher level of protection than combatants.
• The Geneva Conventions also provide protection for other categories of persons, such as
wounded and sick combatants, medical personnel, and journalists.
Discuss the rights and responsibilities of protected persons under these conventions.

Protected persons under international humanitarian law are individuals who are entitled to certain
rights and bear specific responsibilities during armed conflicts, as outlined primarily in the four
Geneva Conventions of 1949 and their Additional Protocols. These conventions provide legal
protections for civilians, wounded and sick combatants, and prisoners of war during times of armed
conflict. Here is an overview of the rights and responsibilities of protected persons under these
conventions:
Rights of Protected Persons:
1. Right to Life and Dignity: Protected persons have an inherent right to life and must be
treated with dignity and respect. They should not be subjected to violence or inhuman
treatment.
2. Protection from Violence and Harm: They are protected from acts of violence, including
murder, torture, and other forms of physical or mental abuse. Deliberate attacks on civilians
are strictly prohibited.
3. Medical Care: Wounded and sick protected persons have the right to receive medical care
without discrimination. Medical personnel and facilities must be respected and protected.
The Red Cross and Red Crescent emblems are used to signify medical personnel and
facilities.
4. Protection from Displacement: Civilians should not be forcibly displaced unless it is for
their own safety or for imperative military reasons. Even then, they must receive humane
treatment and be allowed to return home as soon as possible.
 5. Protection of Property: The property of protected persons must be respected and not
subjected to willful destruction or confiscation.
6. Humanitarian Assistance: Civilians in need of food, shelter, and medical supplies must
be allowed access to humanitarian assistance. Deliberate obstruction of such assistance is
prohibited.
7. Family Unity: Efforts must be made to reunite families separated by conflict. Families
should not be arbitrarily separated.
8. Right to a Fair Trial: Prisoners of war and other detained individuals are entitled to a fair
trial by a competent tribunal, with all the legal protections afforded by international law.
Responsibilities of Protected Persons:
1. Compliance with the Law: Protected persons must obey the laws and regulations of the
country in which they find themselves, as long as these laws do not conflict with the basic
principles of international humanitarian law.
2. Non-Combatant Status: Civilians, by definition, do not take part in hostilities. They must
refrain from engaging in acts of violence or military activities.
3. Respect for Medical Personnel and Facilities: Protected persons should not misuse
medical facilities or personnel for military purposes. They should respect the impartiality
of medical services.
4. Identification: Combatants must wear a distinctive emblem, such as a uniform or a badge,
to distinguish themselves from civilians. This helps in ensuring that civilians are not
mistakenly targeted.
5. Cultural Property: Protected persons are responsible for not using cultural property,
including religious sites and artifacts, for military purposes.
6. Humanitarian Work: Civilians can engage in humanitarian work to assist the wounded
and sick. However, this work must be impartial and not favor any one party to the conflict.
7. Protection of the Red Cross and Red Crescent Emblems: The misuse of these emblems
is prohibited, as they are essential symbols of medical and humanitarian assistance.
8. Cooperation with Humanitarian Organizations: Protected persons should cooperate
with humanitarian organizations like the International Committee of the Red Cross (ICRC)
in their efforts to provide assistance and protection.
It's important to note that these rights and responsibilities are enshrined in international law to
mitigate the suffering of individuals affected by armed conflicts and to ensure that humanitarian
principles are upheld during times of war. Violations of these rights and responsibilities can lead
to legal consequences under international law.
…………
The rights and responsibilities of protected persons under the Geneva Conventions and their
Additional Protocols are as follows:
Rights
• Protected persons are entitled to respect for their persons, their honor, their family rights,
their religious convictions and practices, and their manners and customs.
• They shall be protected against acts of violence, intimidation, insults and public curiosity.
• They shall not be subjected to physical or mental torture, nor to cruel, inhuman or
degrading treatment or punishment.
• They shall be entitled to fair and regular trials, and shall not be convicted of any crime
for which the penalty is death or life imprisonment unless the sentence has
been pronounced by a regularly constituted court affording all judicial guarantees which
are generally recognized as indispensable.
• They shall be allowed to correspond with their families, receive visitors and receive relief.
• They shall be free to practice their religion and maintain their religious observances.
• They shall be entitled to the same treatment as the nationals of the State in whose power
they are in respect of work, accommodation, food, clothing, medical attention, repatriation,
and any other matter essential to their well-being.
Responsibilities
• Protected persons have a duty to respect the laws and regulations of the State in whose
power they are.
• They must not commit any acts harmful to the security of the State.
• They must cooperate with the authorities in carrying out their duties.
The Geneva Conventions and their Additional Protocols also impose responsibilities on the parties
to the conflict. These responsibilities include:
• The duty to respect and ensure respect for the Conventions and their Additional Protocols.
• The duty to search for and collect the wounded, sick and shipwrecked, and to provide them
with medical care.
• The duty to take prisoners of war and to treat them humanely.
• The duty to protect civilians and civilian objects from the effects of hostilities.
The rights and responsibilities of protected persons are an important part of international
humanitarian law. These laws are designed to protect civilians and other non-combatants during
armed conflict. By understanding their rights and responsibilities, protected persons can help to
ensure that they are treated humanely and fairly.
In addition to the Geneva Conventions and their Additional Protocols, there are a number of other
international instruments that protect the rights of protected persons. These include the Universal
Declaration of Human Rights, the Convention on the Rights of the Child, and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These
instruments provide additional protection for protected persons, and help to ensure that they are
treated with dignity and respect.

Critically analyze the exhaustibility protection mechanisms under these conventions.

Exhaustibility protection mechanisms, as they pertain to conventions related to International
Humanitarian Law (IHL), are essential components of these legal frameworks. They are designed
to ensure that the humanitarian principles enshrined in these conventions are upheld and respected,
even in the face of armed conflict. These mechanisms aim to strike a balance between the
imperative of protecting civilians and combatants during armed conflict and the reality of limited
resources and logistical challenges. Here, we'll critically analyze some of the key exhaustibility
protection mechanisms in IHL conventions.
1. Principle of Proportionality:
• Positive Aspect: The principle of proportionality is a core tenet of IHL, requiring
that any attack on military objectives must not be excessive in relation to the
anticipated military advantage gained. This principle serves as a mechanism to
prevent unnecessary harm to civilians and civilian objects.
• Negative Aspect: Critics argue that the application of proportionality can be
subjective and open to interpretation by military commanders, potentially leading
to under-enforcement. Furthermore, it can be difficult to assess the "anticipated
military advantage," which can lead to varying interpretations and enforcement
issues.
2. Distinction Between Combatants and Civilians:
• Positive Aspect: IHL emphasizes the distinction between combatants and civilians,
and combatants are only legitimate targets during hostilities. This principle
provides a strong protection mechanism for non-combatants by reducing the
likelihood of indiscriminate attacks.
• Negative Aspect: Critics contend that in modern conflicts, distinguishing
combatants from civilians can be challenging due to the presence of irregular forces
and civilian-combatant integration. This can lead to disputes and potential abuses.
3. Precautionary Measures:
 • Positive Aspect: IHL requires parties to an armed conflict to take precautions to
minimize harm to civilians and civilian objects. This includes verifying targets and
choosing means of attack that will minimize collateral damage. These precautions
act as an exhaustibility protection mechanism by encouraging responsible conduct
in warfare.
• Negative Aspect: Critics argue that these measures can sometimes be seen as
overly cautious, potentially hampering legitimate military operations. Additionally,
compliance and enforcement of these measures can be difficult in practice.
4. Independent Monitoring and Investigations:
• Positive Aspect: Many IHL conventions establish mechanisms for independent
monitoring and investigations of alleged violations, such as through the
International Committee of the Red Cross (ICRC). These mechanisms provide a
level of accountability and deterrence, serving as a safeguard against exhaustibility.
• Negative Aspect: Critics argue that these mechanisms are often insufficient to deter
violations, especially by non-state actors or in conflicts where international
oversight is limited. Additionally, the politicization of such investigations can
hinder their effectiveness.
5. International Criminal Court (ICC):
• Positive Aspect: The ICC is a crucial mechanism for holding individuals
accountable for serious violations of IHL. It serves as a strong deterrent against
potential violations by individuals in positions of power.
• Negative Aspect: Critics point out that not all states are party to the ICC, limiting
its jurisdiction. Moreover, the ICC faces challenges in obtaining the cooperation of
states, and the prosecution of individuals can be a lengthy and politically
contentious process.
In conclusion, exhaustibility protection mechanisms in IHL conventions play a critical role in
minimizing the human suffering caused by armed conflicts. While they provide important
safeguards, they are not without their limitations and challenges. The effectiveness of these
mechanisms often depends on the willingness of parties to an armed conflict to adhere to IHL
principles and the international community's ability to enforce them. Ongoing efforts to strengthen
and improve these mechanisms are necessary to ensure greater compliance with IHL and reduce
the impact of armed conflicts on civilians and combatants.

……………

The exhaustibility of protection mechanisms under conventions related to International

Humanitarian Law (IHL) refers to the idea that these mechanisms should only be used as a last
resort, after all other means of protection have been exhausted. This is because IHL is designed to
protect people and property during armed conflict, and the use of these mechanisms can sometimes
put civilians and other protected persons at risk.
There are a number of different protection mechanisms under IHL, including:
• The principle of distinction, which requires parties to a conflict to distinguish between
civilians and combatants, and to direct their attacks only against combatants and military
objectives.
• The principle of proportionality, which requires parties to a conflict to ensure that the
anticipated military advantage of an attack does not outweigh the incidental civilian harm
that is likely to result.
• The prohibition on indiscriminate attacks, which means that parties to a conflict cannot use
weapons or methods of warfare that are indiscriminate, meaning that they cannot
distinguish between civilians and combatants.
• The protection of cultural property, which prohibits the destruction or appropriation of
cultural property, unless such destruction or appropriation is imperatively demanded by the
necessities of the conflict.
• The protection of the environment, which prohibits the use of methods or means of warfare
that are intended, or may be expected, to cause widespread, long-term and severe damage
to the natural environment.
The exhaustibility of these protection mechanisms means that they should only be used when all
other means of protection have been exhausted. For example, if a party to a conflict can safely
evacuate civilians from a military objective, then it should do so before resorting to an attack on
that objective. Similarly, if a party to a conflict can use a weapon that is less likely to cause civilian
harm, then it should use that weapon instead of a weapon that is more likely to cause civilian harm.
The exhaustibility of protection mechanisms is an important principle of IHL because it helps to
ensure that civilians and other protected persons are not put at unnecessary risk. However, it is
important to note that this principle is not absolute. In some cases, it may be necessary to use a
protection mechanism even if other means of protection have not been exhausted. For example, if
a party to a conflict is under attack and cannot safely evacuate civilians, then it may be necessary
to use a weapon that is more likely to cause civilian harm in order to defend itself.
The exhaustibility of protection mechanisms is a complex issue, and there is no easy answer to the
question of when it is appropriate to use these mechanisms. However, it is an important principle
that should be carefully considered by all parties to an armed conflict.
In addition to the general principles of IHL, there are also a number of specific conventions that
provide for the protection of certain types of property. For example, the 1954 Hague Convention
for the Protection of Cultural Property in the Event of Armed Conflict prohibits the destruction or
appropriation of cultural property, and the 1972 Convention on the Protection of the World Cultural
and Natural Heritage provides for the protection of cultural and natural heritage of outstanding
universal value.
These conventions are important because they provide additional protection for certain types of
property that is considered to be of special value. By ensuring that this property is protected, these
conventions help to safeguard the cultural and natural heritage of the world.

3. Who is considered a prisoner of war? Explain the roles regarding the beginning and ending up
of the captivity. When and why can a prisoner be interned? What are the basic protection
mechanisms which the war prisoners in Mario Pol should get in Ukraine Russia War,2022?
Explain with criticism.
Who is considered a prisoner of war?
A prisoner of war (POW) is a person who has been captured by an opposing military force during
a conflict, such as a war, and is held in captivity as a result of their participation in armed conflict.
There are specific criteria that typically define who is considered a POW:
1. Combatant Status: To be considered a POW, an individual must have combatant status.
This means they were a member of a military force or a militia that engaged in hostilities
against an enemy force. Civilians who do not take a direct part in the hostilities but are
captured in the conflict zone are not considered POWs, but they may have other protections
under international law, such as being treated as protected persons under the Geneva
Conventions.
2. Capture: The individual must be captured or detained by the opposing force during the
course of the conflict. This can include being taken prisoner on the battlefield, at sea, or in
the air.
3. Detention: The individual must be held in custody by the capturing force. They are no
longer able to take part in the hostilities and are under the control of the capturing force.
4. Recognition by Both Parties: Typically, both the detaining force and the detaining power
must recognize the captive as a POW. This recognition is governed by international laws
and agreements, such as the Geneva Conventions.
5. Treatment and Rights: POWs are entitled to certain rights and protections under
international law, including humane treatment, medical care, and the ability to
communicate with their home country. They are not to be subjected to torture or other
forms of cruel, inhuman, or degrading treatment.
6. Release: POWs are to be released and repatriated without delay at the end of hostilities, as
specified in international agreements.
It's important to note that the exact criteria and treatment of POWs can vary depending on the
specific conflict, the parties involved, and the applicable international agreements. The treatment
of POWs is governed by several international treaties and conventions, including the Geneva
Conventions of 1949 and their Additional Protocols. These agreements aim to ensure the humane
treatment of individuals captured during armed conflicts and to prevent mistreatment or abuse.
……….
A prisoner of war (POW) is a person who is captured by a belligerent power during or immediately
after an armed conflict. To be considered a POW, the person must be a lawful combatant, meaning
that they must be part of a regular armed force, militia, or volunteer corps, and they must be
wearing a distinctive uniform or carrying arms openly.
The following categories of persons are also considered POWs under international humanitarian
law:
• Members of the armed forces of a party to the conflict, including members of militias
or volunteer corps forming part of such armed forces;
• Members of regular armed forces who profess allegiance to a government or authority not
recognized by the detaining power;
• Members of organized resistance movements, provided that they fulfill certain conditions;
• Civilians who accompany the armed forces without actually being members thereof, such
as war correspondents, civilian supply contractors, and members of labor service units;
• Members of medical and religious personnel who fall into the power of the enemy while
engaged in medical activities, provided they are not taking a direct part in the hostilities;
and
• Persons who are placed hors de combat by sickness, wounds, detention, or any other cause.
POWs are entitled to certain rights and protections under international law, including the right to
be treated humanely, the right to be protected from violence, the right to be given adequate food,
clothing, shelter, and medical care, and the right to be repatriated or released at the end of the
conflict.
Here are some examples of prisoners of war:
• Soldiers captured in battle
• Pilots shot down over enemy territory
• Merchant seamen captured by a warship
• Civilians who are caught up in the fighting
• Journalists who are covering a war
• Doctors and nurses who are providing medical care to the wounded
The treatment of prisoners of war is governed by international law, specifically the Geneva
Conventions of 1949. These conventions set out the rights and protections that POWs are entitled
to, and they also prohibit certain acts against POWs, such as torture, cruel, inhuman, or degrading
treatment, and summary execution.
The Geneva Conventions are binding on all states, and they are considered to be customary
international law, which means that they are binding even on states that have not ratified them.

Explain the roles regarding the beginning and ending up of the captivity.
The roles regarding the beginning and ending of captivity in the context of prisoners of war
(POWs) are governed by international laws and agreements, particularly the Geneva Conventions
and their Additional Protocols. These rules establish the rights and responsibilities of both the
detaining power (the capturing force) and the detaining force (the captured individual's home
country) regarding the treatment and release of POWs. Here's an explanation of the roles regarding
the beginning and ending of captivity:
Beginning of Captivity:
1. Capture on the Battlefield: When a member of one military force captures a member of
an opposing military force during armed conflict, that individual becomes a POW. The
capturing force has the responsibility to handle the captured person in accordance with the
rules of international humanitarian law.
2. Identification: The capturing force is responsible for properly identifying the captured
individuals as POWs. This includes verifying their combatant status and ensuring that they
meet the criteria outlined in the Geneva Conventions. It's important to distinguish between
POWs and civilians, as civilians have different protections under international law.
3. Protection and Treatment: Once captured and identified as POWs, these individuals must
be treated humanely. They should receive proper shelter, food, medical care, and protection
from harm. They are not to be subjected to torture, cruel, inhuman, or degrading treatment.
Ending of Captivity:
1. End of Hostilities: According to the Geneva Conventions, POWs must be released and
repatriated without delay at the end of hostilities. This means when the conflict officially
ends, either through a peace agreement, armistice, or another form of cessation of
hostilities, the detaining power must release the POWs. This is a fundamental principle of
international law.
2. Individual Release: In some cases, a POW may be released individually before the end of
hostilities due to medical reasons, disability, or other legitimate reasons. This can be a
decision made by the detaining power or as a result of negotiations between the parties
involved.
3. Exchange of POWs: POWs may also be exchanged between the conflicting parties as part
of a negotiated agreement. This can happen during the course of the conflict, and it involves
a mutual decision to release and exchange POWs on both sides.
 4. Repatriation: Upon release, POWs are typically repatriated to their home country. The
detaining power is responsible for ensuring their safe and orderly return to their home
country.
It's important to emphasize that the treatment and release of POWs are governed by strict rules and
conventions to protect their rights and dignity. Violations of these rules can be considered war
crimes under international law. Additionally, the specific procedures and timelines for release may
vary depending on the circumstances of each conflict and the agreements reached by the parties
involved.

……..
The roles regarding the beginning and ending of captivity can vary depending on the specific
circumstances, but some of the most common roles include:
• The captor: The captor is the person or group that takes the prisoner into captivity. The
captor may be a government, a military force, a terrorist group, or a criminal organization.
• The prisoner: The prisoner is the person who is captured and held in captivity. The prisoner
may be a soldier, a civilian, or a member of any other group.
• The detaining power: The detaining power is the government or entity that is responsible
for the prisoner's captivity. The detaining power has the responsibility to treat the prisoner
humanely and to ensure that the prisoner's rights are protected.
• The International Committee of the Red Cross (ICRC): The ICRC is an independent,
neutral organization that works to protect the victims of war and armed conflict. The ICRC
has a mandate to visit prisoners of war and to ensure that they are treated in accordance
with international law.
• The Red Cross societies: The Red Cross societies are national organizations that are
affiliated with the ICRC. The Red Cross societies work to provide assistance to prisoners
of war and their families.
The roles of these different actors can change over time, depending on the circumstances of the
conflict. For example, the captor may become the detaining power or the ICRC may be prevented
from visiting prisoners of war.
The beginning and ending of captivity can also be affected by a number of factors, including the
outcome of the conflict, the willingness of the parties to the conflict to negotiate, and the
humanitarian situation in the region.
In some cases, prisoners of war may be released as part of a peace agreement. In other cases, they
may be released in exchange for prisoners held by the other side. And in still other cases, they may
be released after the conflict has ended.
The ending of captivity can be a difficult and emotional time for prisoners of war and their families.
However, it is also a time of hope and new beginnings.

When and why can a prisoner be interned?

A prisoner of war (POW) can be interned under specific circumstances and for legitimate reasons
according to international law, primarily as outlined in the Geneva Conventions and their
Additional Protocols. Internment is the detention of a POW for a prolonged period, usually after
the end of hostilities, based on certain criteria. Here's when and why a POW can be interned:
When:
1. Security Concerns: POWs may be interned if the detaining power believes that they pose
a continuing security threat even after the end of hostilities. This could be because they
were involved in war crimes, espionage, or other acts that make them a potential danger.
2. War Crimes: POWs who are suspected of committing serious violations of the laws of
war, such as war crimes or crimes against humanity, can be interned to facilitate their
prosecution and trial for these crimes.
Why:
1. Security: The primary reason for internment is to protect the security of the detaining
power and the civilian population. If a POW is considered a threat to security, they can be
interned to prevent them from engaging in hostile activities, such as planning or carrying
out attacks, even after the hostilities have ended.
2. Investigation and Prosecution: If there is evidence that a POW has committed war crimes
or other serious offenses, internment can facilitate their investigation and prosecution. It
allows the detaining power to gather evidence and conduct legal proceedings.
3. Rehabilitation: In some cases, internment can serve as a means to rehabilitate individuals
who may have been involved in unlawful activities during the conflict. Rehabilitation
programs can help reintegrate former combatants into society once they are no longer
considered a security threat.
4. Until the End of Legal Proceedings: POWs can be interned until the conclusion of any
legal proceedings against them. This includes any trials or legal actions related to alleged
war crimes or other offenses.
It's important to note that internment of POWs is subject to strict legal safeguards. The detaining
power must follow the rules set forth in the Geneva Conventions and ensure that the interned
individuals are treated humanely, with proper shelter, food, and medical care. They have the right
to legal representation, and their internment should be reviewed regularly to determine whether
they still pose a security threat.
Additionally, interned POWs must be released and repatriated without delay once they no longer
pose a security threat or when their legal proceedings have concluded, in accordance with
international law. The decision to intern a POW is not taken lightly and must be based on clear and
legitimate reasons.
…….

A prisoner can be interned during an armed conflict, when there is a serious threat to the security
of the detaining power. Internment is a non-punitive measure of control that is designed to prevent
the prisoner from taking any action that would pose a threat to the security of the detaining power.
The Geneva Conventions of 1949, which set out the international law governing the treatment of
prisoners of war, allow for the internment of civilians in certain circumstances. Article 42 of the
Fourth Geneva Convention provides that the occupying power may intern or place in assigned
residence certain members of the population of the occupied territories who are considered to be a
threat to its security.
The internment of civilians must be ordered on an individual basis, and the detaining power must
have reasonable grounds to believe that the civilian poses a threat to its security. The civilian must
also be given the opportunity to challenge the decision to intern them.
The internment of civilians must be carried out in accordance with the provisions of the Geneva
Conventions. This means that the internees must be treated humanely, and they must be given
adequate food, clothing, shelter, and medical care. They must also be allowed to communicate with
their families and to receive visits from the International Committee of the Red Cross (ICRC).
The internment of civilians should be a last resort, and it should only be used when there is a clear
and present danger to the security of the detaining power. The detaining power must also take steps
to minimize the impact of internment on the civilian population.
Here are some examples of when a prisoner can be interned:
• A soldier who is captured by the enemy during an armed conflict.
• A civilian who is caught up in the fighting and poses a threat to the security of the detaining
power.
• A person who is suspected of being a spy or an enemy combatant.
• A person who is suspected of committing a war crime or a crime against humanity.
The internment of prisoners is a serious matter, and it should only be used when absolutely
necessary. The detaining power has a responsibility to treat the prisoners humanely and to ensure
that their rights are protected.
4 Are civilian and combatant women given equal protection under IHL? Mention the protection
provided to women during armed conflict.
Are civilian and combatant women given equal protection under IHL?
Under International Humanitarian Law (IHL), there are provisions that aim to provide equal
protection to civilian women and civilian men during armed conflicts. The primary objective of
IHL is to limit the suffering and protect the rights of individuals who are not or are no longer taking
part in hostilities, which includes civilians. Discrimination on the basis of gender is prohibited
under IHL.
Some key principles and provisions of IHL that apply equally to civilian women and men include:
1. Principle of Distinction: This principle requires parties to an armed conflict to distinguish
between civilians and combatants. Women, as civilians, are entitled to the protections afforded
to civilians. This means they should not be targeted intentionally and should be spared from
the effects of hostilities as much as possible.
2. Prohibition of Direct Attacks on Civilians: IHL prohibits direct attacks on civilians. This
protection extends to both civilian women and men.
3. Prohibition of Indiscriminate Attacks: Parties to the conflict are prohibited from conducting
attacks that may harm civilians indiscriminately. This applies to all civilians, regardless of
gender.
4. Protection of the Wounded and Sick: IHL includes provisions for the protection and care of
the wounded and sick, irrespective of their gender.
5. Protection of Property: Civilian women, like civilian men, are entitled to the protection of
their property during armed conflicts. Deliberate destruction of civilian property is generally
prohibited.
6. Protection of Cultural Property: IHL also includes provisions for the protection of cultural
property, including historical monuments and artifacts, which applies equally to all civilians.
However, it is important to note that in practice, women may face specific and heightened risks
and vulnerabilities during armed conflicts. These risks can include gender-based violence, sexual
exploitation, forced displacement, and other forms of harm. In response to these challenges, there
has been growing recognition within the international community of the need to address gender-
specific protection concerns during armed conflicts.
Efforts have been made to strengthen the protection of women in armed conflicts, including the
adoption of the United Nations Security Council Resolution 1325 on Women, Peace, and
Security, which calls for the participation of women in conflict prevention, resolution, and
recovery processes and the consideration of their specific protection needs.
In summary, while IHL provides equal protection to civilian women and men as a matter of
principle, the practical challenges and vulnerabilities that women may face during armed conflicts
have led to increased attention and efforts to address gender-specific protection concerns within
the framework of IHL.

……..
Yes, civilian and combatant women are given equal protection under international humanitarian
law (IHL). The Geneva Conventions of 1949 and their Additional Protocols of 1977 prohibit
discrimination on the basis of sex, and they require all persons who are not or are no longer taking
part in the hostilities to be treated humanely.
This means that both civilian and combatant women are entitled to the same rights and protections
under IHL, such as the right to be treated humanely, the right to be protected from violence, the
right to be given adequate food, clothing, shelter, and medical care, and the right to be repatriated
or released at the end of the conflict.
However, there are some specific provisions of IHL that are specifically designed to protect
women. For example, Article 76 of the Fourth Geneva Convention provides that women who are
pregnant or have recently given birth must be given special care and attention. Article 77 of the
same convention prohibits the forced prostitution of women.
In addition, IHL recognizes that women may be particularly vulnerable to certain forms of
violence, such as sexual violence. The Rome Statute of the International Criminal Court (ICC),
which entered into force in 2002, defines rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, and other forms of sexual violence as war crimes.
The ICC has also recognized that sexual violence can be a crime against humanity and a crime of
genocide. This means that individuals who commit these crimes can be held accountable for their
actions, even if they are not members of a state's armed forces.
Overall, IHL provides a strong framework for protecting women in armed conflict. However, there
is still more that can be done to ensure that women are fully protected. States need to take steps to
implement IHL in their national laws and policies, and they need to provide adequate resources to
support the implementation of IHL. The international community also needs to work to raise
awareness of the issue of sexual violence in armed conflict and to hold perpetrators accountable
for their crimes.

Mention the protection provided to women during armed conflict.

The protection provided to women during armed conflicts is a critical aspect of International
Humanitarian Law (IHL) and human rights law. Here are some of the key protections and measures
aimed at safeguarding the rights and well-being of women during armed conflicts:
1. Prohibition of Sexual Violence: IHL explicitly prohibits sexual violence and rape during
armed conflicts. Acts of sexual violence, including rape, forced prostitution, and sexual
slavery, are considered war crimes and crimes against humanity. The Rome Statute of the
 International Criminal Court (ICC) further defines these acts as crimes under international
law.
2. Protection of Civilians: IHL emphasizes the protection of civilians, which includes
women, from the effects of hostilities. Parties to a conflict are required to take all feasible
precautions to avoid harming civilians and civilian objects.
3. Special Protection for Pregnant Women and Mothers: Pregnant women and mothers
with young children are afforded special protection. They should receive appropriate care
and treatment, and their specific needs should be taken into account when making decisions
related to evacuation, shelter, and relief.
4. Prohibition of Forced Displacement and Arbitrary Detention: IHL prohibits the forced
displacement of civilians, including women, from their homes, and the arbitrary detention
of civilians without legal basis.
5. Protection of Medical Personnel and Facilities: Medical personnel, the majority of
whom are women, and medical facilities are protected entities under IHL. Deliberate
attacks on medical personnel or facilities are war crimes.
6. Humanitarian Assistance: Women have the right to receive humanitarian assistance,
including food, medical care, and shelter, without discrimination. Humanitarian
organizations must take into account the specific needs and vulnerabilities of women in
their assistance programs.
7. Gender-Sensitive Approaches: There is a growing recognition of the need for gender-
sensitive approaches in humanitarian and peacekeeping efforts. This includes ensuring
women's participation in decision-making processes and addressing their specific
protection concerns.
8. UN Security Council Resolution 1325: UN Security Council Resolution 1325 on Women,
Peace, and Security, adopted in 2000, calls for the increased participation of women in
peace and security efforts and the consideration of gender perspectives in conflict
prevention, resolution, and recovery.
9. Accountability and Justice: Perpetrators of gender-based crimes, including sexual
violence, are held accountable for their actions. The ICC and other international and
national tribunals prosecute individuals responsible for such crimes.
10. Prevention and Awareness: Various international organizations, NGOs, and governments
work to prevent gender-based violence during armed conflicts through awareness
campaigns, training, and advocacy.
It's important to note that while these protections exist on paper, challenges remain in ensuring
their full implementation and enforcement in conflict-affected areas. Armed conflicts often create
chaotic and dangerous environments, making it difficult to uphold the rights and safety of women.
International efforts continue to focus on improving the protection of women during armed
conflicts and promoting their meaningful participation in peace and security processes.
…….
Women are particularly vulnerable to violence during armed conflict. They may be subjected to
sexual violence, forced labor, abduction, and other forms of abuse. International humanitarian law
(IHL) provides some protection for women in armed conflict, but more needs to be done to ensure
their safety.
Here are some of the protections that IHL provides to women in armed conflict:
• Prohibition of discrimination: IHL prohibits discrimination on the basis of sex. This means
that women must be treated humanely and that they must be given the same rights and
protections as men.
• Protection of civilians: IHL protects civilians from the effects of armed conflict. This
includes women, who are considered civilians unless and until they take a direct part in the
hostilities.
• Protection of women prisoners of war: Women prisoners of war must be treated humanely
and must be given the same rights and protections as men prisoners of war.
• Protection of women in occupied territory: Women in occupied territory must be protected
from violence and from being forced to work for the occupying power.
• Prohibition of sexual violence: IHL prohibits rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, and other forms of sexual violence.
In addition to these protections, there are a number of other initiatives that are being taken to
protect women in armed conflict. These include:
• The Women, Peace, and Security Agenda, which is a set of commitments by the United
Nations to increase the participation of women in peacebuilding and to protect women from
violence in armed conflict.
• The International Criminal Court (ICC), which has jurisdiction to prosecute individuals for
war crimes, crimes against humanity, and genocide, including sexual violence.
• The work of non-governmental organizations (NGOs) that are working to protect women
in armed conflict.
Despite these efforts, much more needs to be done to protect women in armed conflict. States need
to implement IHL and other international standards in their national laws and policies. They also
need to provide adequate resources to support the implementation of these standards. The
international community also needs to continue to raise awareness of the issue of sexual violence
in armed conflict and to hold perpetrators accountable for their crimes.
4. Are civilian and combatant women given equal protection under IHL? Mention the protection
provided to women during armed conflict.
Under International Humanitarian Law (IHL), civilian and combatant women are not treated
equally in all aspects, primarily because IHL distinguishes between combatants and civilians,
and it places a strong emphasis on the protection of civilians during armed conflicts. However,
IHL does provide specific protections for women during armed conflicts, recognizing their
vulnerability and the potential for gender-specific harm. These protections are outlined in various
international treaties and customary rules:
1. General Protection for Civilians: IHL's fundamental principle of distinction between
combatants and civilians ensures that women who are not taking a direct part in hostilities
are protected from attack. This includes women in civilian roles such as mothers,
caregivers, and civilians who are not participating in combat operations.
2. Protection from Sexual Violence: IHL explicitly prohibits sexual violence against women
in armed conflicts. Acts such as rape, enforced prostitution, and other forms of sexual
violence are considered war crimes and can also be classified as crimes against humanity.
3. Protection of Pregnant Women and Mothers: Pregnant women, mothers of young
children, and women who have given birth recently are entitled to special protection. They
must not be subjected to violence or forced to work that could harm their health or the
health of their children.
4. Protection of Female Detainees and Prisoners of War: Female detainees and prisoners
of war must be treated with humanity and dignity, and they should not be subjected to any
form of violence, including sexual abuse or harassment.
5. Protection of Women in Occupied Territories: In situations of occupation, women are
entitled to specific protections, including access to healthcare, food, and other essential
services. They should also not be subjected to discrimination or violence.
6. Humanitarian Assistance: Humanitarian organizations and parties to the conflict must
ensure that women have access to essential humanitarian assistance, including medical
care, food, and shelter.
7. Gender-Based Violence Programs: Humanitarian organizations often implement
programs to address gender-based violence and provide support to women who have
experienced such violence during armed conflicts.
While these protections exist, it's important to note that implementation and enforcement can be
challenging, and violations continue to occur. Additionally, IHL has evolved over time to better
address gender-based violence and the specific needs of women in armed conflicts. For example,
the adoption of UN Security Council Resolution 1325 in 2000 and subsequent resolutions on
Women, Peace, and Security have led to increased attention on the role of women in peacebuilding
and conflict resolution, as well as the prevention of violence against women in conflict zones.
In summary, while IHL does not treat civilian and combatant women equally due to its
distinction between combatants and civilians, it does provide specific protections for women
during armed conflicts to address their unique vulnerabilities and the risks they face. Efforts
continue to strengthen these protections and ensure their effective implementation.

………..
Yes, civilian and combatant women are given equal protection under international humanitarian
law (IHL). The four Geneva Conventions of 1949 and their Additional Protocols of 1977 prohibit
the following acts against women, regardless of their status:
• 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;
• The passing of sentences and the carrying out of executions without previous judgment
pronounced by a regularly constituted court, affording all judicial guarantees which are
generally recognized as indispensable.
In addition, IHL provides specific protection to women in certain situations. For example, women
prisoners of war must be housed separately from men and must be given special attention to their
needs, such as medical care and hygiene.
However, in practice, women are often disproportionately affected by armed conflict. They are
more likely to be victims of sexual violence, forced marriage, and other forms of gender-based
violence. IHL does not specifically prohibit these acts, but it does provide a framework for holding
perpetrators accountable.
The following are some of the specific protections provided to women during armed conflict:
• The prohibition of sexual violence, including rape, sexual slavery, forced pregnancy,
enforced sterilization, and forced abortion.
• The prohibition of forced marriage.
• The protection of women's reproductive health.
• The provision of special assistance to women victims of armed conflict.
These protections are important because they help to ensure that women are not discriminated
against during armed conflict and that their specific needs are met. They also help to prevent the
recurrence of sexual violence and other forms of gender-based violence.
It is important to note that IHL is not self-executing. It must be implemented by States through
national laws and policies. In addition, IHL is constantly evolving to reflect the changing nature
of armed conflict. As a result, it is important to continue to advocate for the protection of women
during armed conflict.

5. How does IHL deal with the issue of protecting the environment during armed conflict?
Discuss the advisory opinion given by the International Court of Justice (ICJ) in the Nuclear
Weapons Case (1996) regarding the protection of the environment during armed conflict.
How does IHL deal with the issue of protecting the environment during armed conflict?

International Humanitarian Law (IHL), also known as the laws of armed conflict or the laws of
war, primarily aims to regulate the conduct of armed conflicts and mitigate their humanitarian
impact. While IHL's primary focus is on protecting civilians and combatants, it also recognizes the
importance of safeguarding the environment during armed conflicts. This recognition has become
more pronounced in recent years due to growing concerns about the environmental impact of
armed conflicts.
Here's how IHL deals with the issue of protecting the environment during armed conflict:
1. Customary and Conventional Rules: IHL contains both customary and conventional
rules that address environmental protection during armed conflicts. Conventional rules are
codified in treaties and agreements, such as the Hague Conventions of 1907 and Additional
Protocol I to the Geneva Conventions of 1949. Customary rules are considered binding on
all parties to a conflict, whether or not they are party to specific treaties.
2. Prohibition of Indiscriminate Attacks: IHL prohibits indiscriminate attacks, which are
those that are not directed at a specific military target and could cause harm to civilians and
civilian objects. Such attacks must be avoided to prevent unnecessary damage to the
environment.
3. Prohibition of Disproportionate Attacks: IHL prohibits attacks that may be expected to
cause excessive harm to the environment compared to the military advantage anticipated.
This rule helps ensure that military operations do not result in unnecessary and severe
environmental damage.
4. Protection of Natural Resources: IHL prohibits the pillaging of natural resources in
occupied territories. This means that occupying forces are not allowed to exploit the natural
resources of an occupied area for their own benefit. This rule helps preserve the
environment in occupied territories.
5. Precautionary Measures: Parties to a conflict are required to take all feasible precautions
to minimize harm to the environment. This includes avoiding using methods or means of
warfare that could cause widespread, long-term, and severe damage to the natural
environment.
 6. Cultural and Religious Sites: IHL protects cultural and religious property and sites from
deliberate destruction. These sites often have a strong connection to the environment, and
their protection indirectly safeguards the natural surroundings.
7. Environmental Impact Assessments: In planning military operations, parties to a conflict
are encouraged to consider the potential environmental impact and take measures to
mitigate harm to the environment.
8. Environmental Agreements: In addition to IHL, other international environmental
agreements may also apply during armed conflicts. These agreements address specific
environmental issues, such as the use of certain weapons like chemical or biological
weapons, which can have severe and long-lasting environmental consequences.
9. Accountability and Responsibility: Parties to a conflict can be held accountable for
environmental damage caused intentionally or recklessly. This accountability can extend
to individuals, including military commanders and political leaders.
10. Evolving Norms: The protection of the environment during armed conflicts is an evolving
area of IHL. As our understanding of environmental issues and their relationship to conflict
deepens, the rules and norms governing environmental protection may continue to evolve
and strengthen.
While IHL includes provisions for the protection of the environment during armed conflicts,
enforcing these rules can be challenging in practice. Nonetheless, the recognition of environmental
concerns in armed conflicts is a positive step toward minimizing the environmental impact of war.

……

International humanitarian law (IHL), also known as the law of armed conflict, is a body of
international law that regulates the conduct of armed conflict. It is designed to protect people who
are not participating in the fighting, as well as the natural environment.
IHL includes a number of specific provisions that protect the environment during armed conflict.
These provisions are based on the following principles:
• The principle of distinction: This principle requires parties to a conflict to distinguish
between civilian objects and military objectives. Civilian objects, such as homes, hospitals,
and schools, are protected from attack. Military objectives are objects that are used by the
enemy to wage war, such as barracks, airfields, and factories.
• The principle of proportionality: This principle requires parties to a conflict to ensure
that the expected military advantage of an attack does not outweigh the incidental harm to
civilians or the environment.
• The principle of precautions: This principle requires parties to a conflict to take all
feasible precautions to avoid or minimize harm to civilians and the environment. This
 includes taking steps to identify and protect civilian objects, and to choose the least harmful
means and methods of warfare.
In addition to these specific provisions, IHL also includes a number of general principles that can
be applied to the protection of the environment. These principles include the following:
• The principle of humanity: This principle requires parties to a conflict to act with
humanity and to avoid causing unnecessary suffering.
• The principle of precaution: This principle requires parties to a conflict to take all feasible
measures to prevent harm to civilians and the environment.
• The principle of good faith: This principle requires parties to a conflict to act in good faith
and to comply with their obligations under IHL.
The protection of the environment during armed conflict is an important issue. Environmental
damage can have a devastating impact on people and communities, and it can also make it more
difficult to rebuild after a conflict. IHL plays an important role in protecting the environment
during armed conflict, and it is important to ensure that these provisions are respected.
Here are some specific examples of how IHL protects the environment during armed conflict:
• It prohibits the use of certain weapons, such as incendiary weapons and herbicides, that
can cause widespread, long-term, and severe damage to the environment.
• It requires parties to a conflict to take all feasible precautions to avoid or minimize
incidental damage to the environment when conducting military operations.
• It prohibits the destruction or contamination of drinking water supplies and other essential
natural resources.
• It requires parties to a conflict to take steps to restore the environment after the conflict has
ended.
IHL is a complex and evolving body of law. However, the basic principles of distinction,
proportionality, and precautions are clear and well-established. These principles provide a strong
foundation for protecting the environment during armed conflict.
Discuss the advisory opinion given by the International Court of Justice (ICJ) in the Nuclear
Weapons Case (1996) regarding the protection of the environment during armed conflict.
The International Court of Justice (ICJ) issued its advisory opinion on the "Legality of the Threat
or Use of Nuclear Weapons" in 1996. While the primary focus of this opinion was on the legality
of nuclear weapons, the ICJ's judgment did touch upon the protection of the environment
during armed conflict. The ICJ's advisory opinion is significant for its contribution to the
understanding of the principles of international law related to the environment and armed conflict.
1. Prohibition of Environmental Damage: The ICJ stated that the general principles of
humanitarian law, including the principles of distinction and proportionality, prohibit the
use of weapons that would cause unnecessary harm to civilians and the natural
 environment. The Court emphasized that states are bound by customary international law
not to cause environmental damage that is widespread, long-lasting, and severe during
armed conflict.
2. Principle of Proportionality: The ICJ held that when assessing the legality of the use of
nuclear weapons, states must consider the principles of proportionality not only in terms of
the immediate military advantage but also in relation to the potential environmental
consequences. This means that the environmental consequences must be weighed against
the military advantage gained.
3. Environmental Consequences of Nuclear Weapons: The Court recognized that the use
of nuclear weapons could cause severe and long-lasting damage to the environment. This
includes radioactive contamination, destruction of ecosystems, and long-term health effects
on humans and other living beings. The ICJ's opinion highlighted the need to prevent such
environmental devastation.
4. Obligation to Protect the Environment: The ICJ's opinion reinforced the idea that states
have an obligation to protect the environment, not only in times of peace but also during
armed conflict. It underscored the idea that even in the direst of circumstances, states must
adhere to principles that minimize harm to the environment.
5. Precautionary Measures: The ICJ's opinion suggested that states must take precautionary
measures to prevent harm to the environment during armed conflict. This includes
conducting environmental impact assessments and adopting strategies to minimize
environmental damage.
6. Review and Accountability: The Court's advisory opinion implied that states using
nuclear weapons or any other weapons with the potential for severe environmental
consequences could be held accountable for their actions under international law. States
must be prepared to justify their actions in terms of the principles of proportionality and
the protection of the environment.
While the ICJ's advisory opinion in the Nuclear Weapons Case primarily addressed the legality of
nuclear weapons, it made a significant contribution to the evolving body of international law
related to the protection of the environment during armed conflict. It emphasized that even in the
most extreme circumstances, such as the use of nuclear weapons, there are legal limits to the
environmental harm that states can cause. This opinion has since been cited in discussions and
legal arguments related to the environment and armed conflict, highlighting the importance of
these principles in international law.

……………

The International Court of Justice (ICJ) was asked by the United Nations General Assembly to
give an advisory opinion on the legality of the threat or use of nuclear weapons. The Court's
opinion, issued in 1996, did not definitively answer the question, but it did provide some important
insights into the protection of the environment during armed conflict.
The Court first considered the law applicable in situations of armed conflict. It noted that the
Geneva Conventions of 1949 and their Additional Protocols of 1977 prohibit the use of
weapons that are indiscriminate or cause unnecessary suffering or superfluous injury. The
Court also noted that the United Nations Charter prohibits the use of force against the territorial
integrity or political independence of any state.
The Court then turned to the question of whether the use of nuclear weapons would violate these
legal principles. The Court found that the use of nuclear weapons would likely violate the
prohibition on indiscriminate weapons, as it could not be targeted in a way to avoid civilian
casualties. The Court also found that the use of nuclear weapons could violate the prohibition on
unnecessary suffering, as it could cause long-term environmental damage and harm to human
health.
However, the Court did not definitively conclude that the use of nuclear weapons would be illegal
in all circumstances. The Court noted that there could be an extreme circumstance of self-defense
in which the very survival of a state would be at stake. In such a circumstance, the Court said, it
could be argued that the use of nuclear weapons would be lawful.
The Court's opinion on the Nuclear Weapons Case was a landmark decision that has been cited in
many subsequent cases involving the protection of the environment during armed conflict. The
opinion has helped to clarify the legal principles that apply to the use of nuclear weapons and other
weapons of mass destruction. It has also helped to raise awareness of the environmental
consequences of war.
The Court's opinion is not without its critics. Some argue that the Court should have been more
definitive in its conclusion that the use of nuclear weapons is illegal. Others argue that the Court's
opinion is too narrow, as it does not address the use of nuclear weapons in a variety of scenarios.
Despite its critics, the Court's opinion on the Nuclear Weapons Case is an important
contribution to the development of international law. The opinion helps to ensure that the
environment is protected during armed conflict, and it provides a framework for evaluating the
legality of the use of new and emerging weapons technologies.

6. Explain various type of jurisdictions for trialing the violation of International Humanitarian
Law. Discuss the constitution, jurisdictions, and significance of the Nuremberg Tribunal (IMT)
and International Criminal Tribunal for Rwanda with criticisms.

Explain various types of jurisdictions for trialing the violation of International Humanitarian Law.
International Humanitarian Law (IHL), also known as the law of armed conflict or the laws of war,
governs the conduct of armed conflicts, protecting those who are not or are no longer participating
in hostilities and restricting the means and methods of warfare. Violations of IHL can lead to trials,
but determining which jurisdiction should handle such cases can be complex. Here is various type
of jurisdictions for trying violations of International Humanitarian Law:
1. National Jurisdiction:
• Territorial Jurisdiction: A state has jurisdiction over crimes committed on its
territory, whether by its own nationals or foreigners. This includes prosecuting
violations of IHL committed within its borders.
• Nationality Jurisdiction: A state can exercise jurisdiction over its own nationals,
regardless of where the alleged crime occurred. This is relevant when a national of
a state is accused of violating IHL abroad.
• Passive Personality Jurisdiction: Some states assert jurisdiction over crimes
against their nationals even when those crimes occur abroad. This may be relevant
if a national is a victim of IHL violations in another country.
2. Universal Jurisdiction:
• Universal jurisdiction allows states to prosecute individuals for certain crimes,
including IHL violations, regardless of where the crime was committed or the
nationality of the perpetrator or victim. It is based on the idea that some crimes are
so egregious that all states have an interest in prosecuting them. Genocide, crimes
against humanity, and war crimes often fall under universal jurisdiction.
3. International Jurisdiction:
• International Criminal Court (ICC): The ICC is a permanent international court
established to prosecute individuals for the most serious crimes of international
concern, including war crimes. It has jurisdiction when a case is referred to it by a
state party, by the United Nations Security Council, or when a situation is referred
by the prosecutor.
4. Ad Hoc Tribunals:
• Ad hoc tribunals are temporary international courts created to address specific
conflicts or situations. Notable examples include the International Criminal
Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal
for Rwanda (ICTR). These tribunals were established by the United Nations to
prosecute individuals for serious violations of IHL that occurred in the context of
these conflicts.
5. Hybrid Tribunals:
• Hybrid tribunals are a blend of international and national judicial systems. They are
established with international involvement but operate within the jurisdiction
 where the crimes occurred. The Special Court for Sierra Leone (SCSL) is an
example.
6. Regional Courts:
• Some regional organizations, such as the European Court of Human Rights and the
Inter-American Court of Human Rights, have jurisdiction over IHL violations
within their respective regions. These courts can hear cases related to human rights
abuses, which may include violations of IHL.
7. Bilateral and Multilateral Agreements:
• States can also agree to establish special tribunals or mechanisms to address IHL
violations in specific conflicts. These agreements may outline the jurisdiction and
procedures for prosecuting individuals responsible for violations.
Determining the appropriate jurisdiction for trying violations of International Humanitarian Law
often depends on the specifics of the case, the nationality of the individuals involved, and the
willingness of states and international organizations to cooperate in pursuing justice.

…………..
There are four main types of jurisdictions for trying violations of international humanitarian law
(IHL):
• Universal jurisdiction allows any state to prosecute a person for a crime under IHL,
regardless of where the crime was committed, the nationality of the perpetrator, or the
nationality of the victim. This is the most far-reaching type of jurisdiction, and it is only
available for the most serious crimes under IHL, such as genocide, crimes against
humanity, and war crimes.
• Competence of the International Criminal Court (ICC). The ICC is an international court
that has jurisdiction over the most serious crimes of concern to the international
community, including genocide, crimes against humanity, war crimes, and the crime of
aggression. The ICC can only prosecute individuals who are nationals of a state party to
the Rome Statute, or who committed crimes on the territory of a state party.
• National jurisdiction. States have the primary responsibility to investigate and prosecute
violations of IHL. This means that they can prosecute their own nationals or other
individuals who have committed such crimes, regardless of where the crimes were
committed.
• Hybrid or mixed tribunals. These are courts that are established by an international
organization or a group of states to try individuals for serious crimes under IHL. Hybrid
tribunals typically have a combination of international and national judges and prosecutors.
The choice of which type of jurisdiction to use depends on a number of factors, including the
gravity of the crime, the nationality of the perpetrator, the nationality of the victim, and the political
will of the states involves.
In addition to these four main types of jurisdictions, there are also a number of other mechanisms
that can be used to try individuals for violations of IHL. These include:
• Specialized domestic courts. These are courts that are established by a state to try
individuals for specific crimes under IHL, such as the Extraordinary Chambers in the
Courts of Cambodia (ECCC), which was established to try individuals responsible for the
Khmer Rouge genocide.
• Military tribunals. These are courts that are established by a state or an international
organization to try individuals for crimes committed during armed conflict.
• Interim judicial measures. These are measures that can be taken by a court or tribunal to
prevent or suppress violations of IHL, such as the issuance of arrest warrants or the freezing
of assets.
The choice of which mechanism to use to try individuals for violations of IHL depends on a number
of factors, including the specific circumstances of the case, the resources available, and the
political will of the states involves.

Discuss the constitution, jurisdictions, and significance of the Nuremberg Tribunal (IMT) and
International Criminal Tribunal for Rwanda (ICTR) with criticisms.
The Nuremberg Tribunal (officially known as the International Military Tribunal or IMT) and the
International Criminal Tribunal for Rwanda (ICTR) are two significant international legal bodies
established to address and prosecute individuals responsible for heinous crimes committed during
and after World War II and the Rwandan Genocide, respectively. They have played crucial roles in
the development of international criminal law, but they have also faced criticisms and challenges.
Nuremberg Tribunal (IMT):
Constitution:
• The Nuremberg Tribunal was established after World War II to prosecute major war
criminals from Nazi Germany. It was the first international criminal tribunal of its kind.
• The tribunal was created through an agreement among the Allied powers, including the
United States, the United Kingdom, the Soviet Union, and France. It was established by
the London Agreement of 1945.
• The IMT consisted of judges and prosecutors from each of the four Allied powers and
followed the principles laid out in the Nuremberg Charter.
Jurisdiction:
 • The Nuremberg Tribunal had jurisdiction over individuals who committed war crimes,
crimes against humanity, and crimes against peace during World War II.
• It prosecuted top Nazi officials and military leaders responsible for atrocities such as the
Holocaust and aggressive war-making.
Significance:
• The Nuremberg Trials were groundbreaking in establishing the principle that individuals,
including heads of state, could be held criminally responsible for actions taken during times
of conflict.
• It contributed to the development of fundamental principles of international law, including
the concept of "crimes against humanity."
• The Nuremberg Trials played a vital role in establishing the foundation for subsequent
international criminal tribunals and the International Criminal Court (ICC).
Criticisms:
1. Victor's Justice: Some critics argue that the Nuremberg Trials were an example of "victor's
justice" because the Allied powers were both the judges and the enforcers of the trials,
leading to potential bias.
2. Retroactive Justice: The Nuremberg Trials applied retroactively, which means they
prosecuted individuals for acts that were not considered crimes at the time they were
committed. Critics argue that this violated the principle of legality.
3. Limited Scope: The tribunal primarily focused on prosecuting major war criminals from
Nazi Germany, leaving many lower-ranking individuals who committed atrocities
unpunished.
International Criminal Tribunal for Rwanda (ICTR):
Constitution:
• The ICTR was established in 1994 by the United Nations Security Council to prosecute
individuals responsible for the genocide in Rwanda that occurred between April and July
1994.
• It was created under United Nations Security Council Resolution 955.
Jurisdiction:
• The ICTR had jurisdiction over individuals who committed genocide, crimes against
humanity, and war crimes during the Rwandan Genocide.
Significance:
• The ICTR played a crucial role in addressing impunity for the Rwandan Genocide and
promoting justice and reconciliation in Rwanda.
 • It contributed to the development of jurisprudence related to genocide and crimes against
humanity.
Criticisms:
1. Lengthy Proceedings: The ICTR faced criticism for the length and cost of its proceedings.
Some cases took years to conclude, which led to delays in justice for the victims and
survivors of the genocide.
2. Selective Prosecutions: Similar to the Nuremberg Trials, the ICTR faced accusations of
selective justice. Some argue that individuals from the Rwandan Patriotic Front (RPF),
who were also implicated in crimes during the conflict, were not adequately prosecuted.
3. Legacy and Reconciliation: Critics have questioned the tribunal's effectiveness in
promoting reconciliation in Rwanda, as some argue that it did not do enough to address the
root causes of the genocide or engage in meaningful outreach to communities affected by
the violence.
In conclusion, both the Nuremberg Tribunal and the International Criminal Tribunal for Rwanda
played significant roles in advancing international criminal law and addressing gross human rights
violations. However, they were not without their criticisms, including allegations of bias,
retroactive justice, and limitations in their effectiveness in promoting reconciliation. These
tribunals serve as important milestones in the ongoing development of the international legal
framework for prosecuting individuals responsible for the most serious international crimes.

………………..
The Nuremberg Tribunal (IMT) and the International Criminal Tribunal for Rwanda (ICTR) were
both ad hoc international criminal tribunals established by the United Nations Security Council to
prosecute individuals responsible for war crimes, crimes against humanity, and genocide.
The Nuremberg Tribunal
The IMT was established in 1945 to prosecute the leaders of Nazi Germany for their crimes during
World War II. The tribunal was composed of judges from the four Allied powers: the United States,
the United Kingdom, France, and the Soviet Union. The IMT's jurisdiction included crimes against
peace, war crimes, and crimes against humanity.
The IMT's trials were groundbreaking in many ways. They were the first international trials to
prosecute individuals for crimes against peace, and they established the principle that individuals
can be held accountable for their actions even if they were acting under orders from their
government. The IMT's judgments also helped to define the crimes of war crimes and crimes
against humanity.
The IMT was criticized for a number of reasons. Some critics argued that the tribunal was biased
against the Nazis and that the judges were not impartial. Others argued that the tribunal's definition
of crimes against humanity was too broad and that it could be used to prosecute political opponents.
The International Criminal Tribunal for Rwanda
The ICTR was established in 1994 to prosecute individuals responsible for the genocide in
Rwanda. The tribunal was composed of judges from 11 countries, and its jurisdiction included
genocide, crimes against humanity, and war crimes.
The ICTR's trials were also groundbreaking in many ways. They were the first international trials
to prosecute individuals for genocide, and they helped to define the crime of genocide. The ICTR's
judgments also helped to raise awareness of the problem of genocide, and they contributed to the
development of international criminal law.
The ICTR was criticized for a number of reasons. Some critics argued that the tribunal was too
slow and that it did not do enough to bring perpetrators to justice. Others argued that the tribunal
was too expensive and that the money could have been better spent on other things.
Despite its criticisms, the IMT and the ICTR were both important milestones in the development
of international criminal law. They helped to establish the principle that individuals can be held
accountable for their actions even if they were acting under orders from their government, and
they helped to define the crimes of war crimes, crimes against humanity, and genocide.
Here is a table summarizing the constitution, jurisdictions, and significance of the Nuremberg
Tribunal and the International Criminal Tribunal for Rwanda:

Tribunal Constitution Jurisdiction Significance

Nuremberg Established by the Crimes against peace, Established the principle of
Tribunal London Charter of war crimes, and crimes individual responsibility for
1945 against humanity international crimes, and helped to
define the crimes of war crimes
and crimes against humanity
Established by Genocide, crimes Helped to establish the principle
International
United Nations against humanity, and of individual responsibility for
Criminal
Security Council war crimes genocide, and helped to define the
Tribunal for
Resolution 955 crime of genocide
Rwanda
(1994)

7. Why and how was the International Committee of Red Cross constituted? How is the
International Committee of Red Cross coordinating among the member state societies for Red
Cross and Red Crescent? Give suggestions on how can the International Red Cross Committee
play a more effective role.

Why and how was the International Committee of the Red Cross constituted?
The International Committee of the Red Cross (ICRC) was constituted in response to the
humanitarian needs arising from armed conflicts. Here's why and how it was formed:
Why:
1. Henry Dunant's Initiative: The ICRC's origins can be traced back to the efforts of Henry
Dunant, a Swiss businessman and social activist. In 1859, Dunant happened to witness the
aftermath of the Battle of Solferino in Italy, where thousands of wounded soldiers were left
without proper medical care. The sight of this suffering deeply moved him, and he was
inspired to take action.
2. Publication of "A Memory of Solferino": Henry Dunant wrote a book called "A Memory
of Solferino" in which he described the horrors of war and proposed the idea of forming
voluntary relief societies to care for the wounded on the battlefield. He also advocated for
the creation of a symbol to identify these medical personnel and facilities.
3. Advocacy and Diplomacy: Dunant's book and his advocacy efforts gained attention and
support from influential figures, including Gustave Moynier, a Swiss lawyer. Together with
Dunant and three other individuals, they convened a conference in Geneva in 1863 to
discuss these ideas further.
How:
1. Founding Conference: The first International Conference of National Relief Societies for
the Wounded was held in Geneva, Switzerland, in 1863. This conference laid the
foundation for the creation of the ICRC. At this conference, the delegates adopted a
resolution to establish a permanent committee that would be responsible for promoting the
creation of voluntary relief societies in various countries and ensuring their cooperation
during times of conflict.
2. Creation of the ICRC: The ICRC was formally established in February 1863, with Henry
Dunant serving as one of its founding members. Gustave Moynier played a crucial role in
shaping the organization and served as its first president. The organization's primary
mission was to provide humanitarian assistance and protection to the sick and wounded on
the battlefield.
3. Adoption of the Red Cross Emblem: At the 1863 conference, the red cross on a white
background was adopted as the emblem to identify medical personnel, facilities, and
vehicles providing humanitarian assistance during armed conflicts. This symbol was later
expanded to include the red crescent and the red crystal, to respect the cultural and religious
sensitivities of various regions.
4. Geneva Conventions: The ICRC played a pivotal role in the development of the Geneva
Conventions, a set of international treaties that established the legal framework for the
protection of war victims, including wounded soldiers, prisoners of war, and civilians
during armed conflicts. The first Geneva Convention was adopted in 1864.
The ICRC's mission expanded over the years to include not only providing medical assistance but
also protecting and assisting all victims of armed conflicts, including civilians. Today, the ICRC
continues to operate worldwide, providing humanitarian aid, promoting respect for international
humanitarian law, and striving to alleviate human suffering in times of armed conflict and other
emergencies.

……
The International Committee of the Red Cross (ICRC) was founded in 1863 by Henry Dunant, a
Swiss businessman and philanthropist. Dunant was inspired to create the ICRC after witnessing
the aftermath of the Battle of Solferino in 1859, where he saw thousands of wounded soldiers left
to die on the battlefield.
Dunant's two main ideas for the ICRC were to create a treaty that would oblige armies to care for
all wounded soldiers and to establish national societies that would help the military medical
services. In February 1863, the Geneva Public Welfare Society set up a committee of five Swiss
citizens to look into Dunant's ideas. This committee later became the ICRC.
The ICRC's first task was to draft a treaty on the protection of wounded soldiers. This treaty, known
as the First Geneva Convention, was adopted in 1864 by 16 countries. The ICRC has since
played a leading role in developing and promoting international humanitarian law, which is the
body of law that governs the conduct of armed conflict.
The ICRC also works to provide humanitarian assistance to victims of armed conflict and other
situations of violence. This assistance can include providing food, water, shelter, medical care,
and other essential items. The ICRC also works to promote respect for the rights of war victims
and to ensure that they are treated humanely.
The ICRC is an independent, neutral, and impartial organization. It is funded by voluntary
donations from governments and from National Red Cross and Red Crescent Societies. The ICRC
is headquartered in Geneva, Switzerland, and has offices in over 100 countries.
The ICRC has been awarded the Nobel Peace Prize three times, in 1917, 1944, and 1963. It is
considered one of the most respected humanitarian organizations in the world.
Here are some of the key reasons why the ICRC was constituted:
• To protect the lives and dignity of war victims, regardless of their nationality or affiliation.
• To promote the laws of war and ensure their respect in all armed conflicts.
• To provide humanitarian assistance to victims of armed conflict and other situations of
violence.
• To promote dialogue and understanding between warring parties.
• To build lasting peace in the aftermath of conflict.
The ICRC has played a vital role in protecting and helping victims of armed conflict for over 160
years. It is an essential organization that works to ensure that the laws of war are respected and
that the victims of conflict are given the help they need.
How is the International Committee of Red Cross coordinating among the member state societies
for Red Cross and Red Crescent?
The International Committee of the Red Cross (ICRC) plays a vital role in coordinating activities
among member state societies of the Red Cross and Red Crescent Movement. The Red Cross and
Red Crescent Movement is a global humanitarian network comprising the ICRC, the International
Federation of Red Cross and Red Crescent Societies (IFRC), and the National Red Cross and Red
Crescent Societies.
Here's how the ICRC coordinates with member-state societies:
1. Statutory Meetings: The ICRC holds statutory meetings, such as the International
Conference of the Red Cross and Red Crescent, where representatives from National
Societies gather to discuss and decide on important matters related to the Movement. The
ICRC provides support for these meetings and helps facilitate discussions.
2. Collaborative Projects: The ICRC often partners with National Societies on specific
projects and operations. These projects can include disaster response, healthcare,
humanitarian assistance, and other activities. Coordination occurs through regular
communication and planning.
3. Capacity Building: The ICRC provides technical assistance and training to National
Societies to enhance their capacity to respond to humanitarian crises. This includes sharing
best practices, offering guidance on humanitarian principles, and helping National
Societies develop their skills and resources.
4. Information Sharing: The ICRC serves as a repository of information and expertise in the
field of international humanitarian law and humanitarian action. It shares this knowledge
with National Societies to ensure that their activities are in line with the Movement's
principles and legal frameworks.
5. Coordination during Armed Conflicts: In situations of armed conflict, the ICRC works
closely with National Societies to ensure the protection and assistance of civilians and other
affected populations. National Societies often play a crucial role in delivering humanitarian
aid in their respective countries, and the ICRC supports and coordinates with them to
ensure effective relief efforts.
6. Advocacy and Policy: The ICRC advocates for adherence to international humanitarian
law and the principles of the Red Cross and Red Crescent Movement. It collaborates with
National Societies to raise awareness, influence policy, and promote humanitarian values
at the national and international levels.
 7. Resource Mobilization: The ICRC may assist National Societies in mobilizing resources
for their humanitarian activities, including fundraising efforts and access to international
donors and partners.
8. Communication and Information Sharing: Effective communication is essential in
coordinating activities. The ICRC and National Societies regularly exchange information
about their activities, challenges, and successes to ensure a coherent and coordinated
response to humanitarian crises.
9. Emergency Response and Preparedness: The ICRC and National Societies often work
together in responding to emergencies and disasters. The ICRC may provide immediate
support, while National Societies mobilize volunteers and resources at the local level to
respond effectively to crises.
In summary, the ICRC acts as a central pillar of the Red Cross and Red Crescent Movement,
facilitating coordination among National Societies, providing support and expertise, and ensuring
that humanitarian activities are carried out in accordance with the Movement's principles and
international humanitarian law. Coordination and collaboration among all components of the
Movement are essential to delivering effective humanitarian assistance worldwide.

…………..
The International Committee of the Red Cross (ICRC) coordinates among the member state
societies for Red Cross and Red Crescent through a number of channels, including:
• Regular meetings and consultations: The ICRC meets regularly with representatives of
the National Societies to discuss common challenges and opportunities, and to coordinate
their activities.
• Joint projects: The ICRC and the National Societies often work together on joint projects,
such as providing humanitarian assistance in conflict zones or disaster areas.
• Technical cooperation: The ICRC provides technical assistance to the National Societies,
such as training on international humanitarian law or disaster management.
• Financial support: The ICRC provides financial support to the National Societies, so that
they can carry out their humanitarian work.
The ICRC also works with the International Federation of Red Cross and Red Crescent Societies
(IFRC) to coordinate the activities of the Movement. The IFRC is an umbrella organization that
represents the National Societies at the international level.
The coordination between the ICRC and the National Societies is essential for the effective
delivery of humanitarian assistance. By working together, the ICRC and the National Societies can
reach more people in need and provide them with the help they need.
Here are some specific examples of how the ICRC coordinates among the member state societies:
 • In 2022, the ICRC and the National Societies worked together to provide humanitarian
assistance to people affected by the conflict in Ukraine. The ICRC provided food, water,
shelter, and medical care to hundreds of thousands of people.
• In 2021, the ICRC and the National Societies worked together to respond to the drought in
East Africa. The ICRC provided food, water, and sanitation assistance to millions of
people.
• In 2020, the ICRC and the National Societies worked together to respond to the COVID-
19 pandemic. The ICRC provided personal protective equipment, medical supplies, and
financial assistance to healthcare workers and vulnerable communities.
These are just a few examples of how the ICRC coordinates among the member state societies to
deliver humanitarian assistance. The ICRC is committed to working with National Societies to
help people in need around the world.
Give suggestions on how can the International Red Cross Committee play a more effective role.
The International Committee of the Red Cross (ICRC) plays a crucial role in providing
humanitarian assistance and promoting respect for international humanitarian law in times of
armed conflict and other emergencies. To enhance its effectiveness, the ICRC can consider several
strategies and initiatives:
1. Strengthening Partnerships:
• Collaborate closely with other humanitarian organizations, governments, and non-
state actors to coordinate efforts, share resources, and avoid duplication of services.
• Build partnerships with local civil society organizations to better understand and
address the needs of affected communities.
2. Enhanced Communication and Advocacy:
• Increase public awareness and understanding of humanitarian principles and
international humanitarian law.
• Engage in proactive advocacy efforts to influence policy and decision-makers, both
at the national and international levels.
3. Technological Innovation:
• Embrace technological advancements, such as AI and big data, to improve the
efficiency of humanitarian operations, data analysis, and early warning systems.
• Utilize digital platforms for fundraising and information dissemination.
4. Capacity Building:
• Invest in the training and development of staff and volunteers to ensure they have
the skills and knowledge needed to respond effectively to complex emergencies.
 • Provide resources and training to empower local communities to better prepare for
and respond to crises.
5. Adaptability and Flexibility:
• Be prepared to adapt quickly to changing conflict dynamics and emerging
challenges.
• Develop contingency plans for different scenarios to ensure a rapid and effective
response.
6. Conflict Resolution and Mediation:
• Act as a neutral intermediary in conflict zones to facilitate dialogue and negotiation
between conflicting parties.
• Promote peaceful conflict resolution and reconciliation efforts.
7. Gender and Inclusion:
• Prioritize gender-sensitive programming to address the specific needs and
vulnerabilities of women, men, boys, and girls in conflict-affected areas.
• Ensure the inclusion of marginalized and vulnerable groups in humanitarian
assistance.
8. Resource Mobilization:
• Diversify funding sources to reduce dependency on a limited number of donors.
• Develop innovative fundraising strategies, including public-private partnerships
and crowdfunding.
9. Research and Analysis:
• Invest in research and data collection to better understand the evolving nature of
conflicts and humanitarian needs.
• Use evidence-based approaches to inform programmatic decisions.
10. Accountability and Transparency:
• Maintain high standards of accountability and transparency in all operations,
including financial management and reporting.
• Regularly assess and evaluate the impact of ICRC's interventions and make
improvements based on feedback and lessons learned.
11. Climate Change and Environmental Impact:
• Incorporate climate change adaptation strategies into humanitarian programs, as
climate-related disasters increasingly impact vulnerable communities.
 • Ensure responsible environmental practices in ICRC operations to minimize
ecological impact.
12. Long-Term Engagement:
• Consider the long-term consequences of conflict and disaster, and work on
initiatives that contribute to sustainable peace, development, and resilience in
affected areas.
By implementing these strategies and continually adapting to evolving challenges, the ICRC can
enhance its effectiveness and continue to fulfill its critical humanitarian mission.

……………
The International Committee of the Red Cross (ICRC) is a highly respected and effective
organization that has been working to protect the victims of war and other violence for over 160
years. However, there are still some ways in which the ICRC could play an even more effective
role.
Here are a few suggestions:
• Increase its focus on prevention. The ICRC could do more to prevent conflicts from
happening in the first place. This could involve working with governments and other
stakeholders to promote dialogue and understanding and to address the root causes of
conflict.
• Strengthen its advocacy work. The ICRC could be more vocal in its advocacy for the
protection of civilians in armed conflict. This could involve speaking out against violations
of international humanitarian law and calling on governments to take action to protect
civilians.
• Improve its coordination with other humanitarian organizations. The ICRC could
work more closely with other humanitarian organizations to ensure that they are providing
the most effective and efficient assistance to those in need. This could involve sharing
information and resources, and coordinating their activities.
• Make better use of technology. The ICRC could use technology more effectively to reach
those in need and to deliver assistance. This could involve using drones and other remote
sensing technologies to map areas affected by conflict, and using social media to
communicate with affected communities.
• Invest in capacity building. The ICRC could invest more in capacity building for national
Red Cross and Red Crescent societies. This could help to ensure that these organizations
are better equipped to respond to humanitarian crises.
These are just a few suggestions on how the ICRC could play a more effective role. The ICRC is
a highly respected organization with a long history of providing humanitarian assistance. By taking
these steps, the ICRC could make an even greater difference in the lives of those affected by war
and other violence.
In addition to these suggestions, the ICRC could also consider the following:
• Expand its work in non-conflict settings. The ICRC's mandate is to protect the victims
of armed conflict and other situations of violence. However, the organization could also
play a valuable role in non-conflict settings, such as by providing assistance to people
affected by natural disasters or by promoting health and safety initiatives.
• Be more transparent and accountable. The ICRC is a private organization, but it receives
significant funding from governments and other donors. The organization could be more
transparent about its finances and its operations, and it could also be more accountable to
its stakeholders.
• Embrace innovation. The ICRC is a traditional organization, but it needs to be willing to
embrace innovation in order to stay effective. This could involve using new technologies,
such as artificial intelligence and big data, to improve its operations and to better
understand the needs of those it serves.
The ICRC is a valuable organization that does important work. By taking these steps, the ICRC
could play an even greater role in protecting the victims of war and other violence.

8 Write short notes:

a) Enhanced protection of cultural property during Armed Conflict
b) Hors de Combat and War crimes
c) Just War, Jus in Bello, Jus in Bellum
d) International Humanitarian Law and International Human Rights Law

(a) Enhanced protection of cultural property during Armed Conflict

Enhanced protection of cultural property during armed conflict is a critical issue aimed at
safeguarding the world’s cultural heritage from destruction and theft during times of war. This
protection is primarily governed by international law, with key instruments such as the 1954
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
and its two protocols (1954 and 1999) serving as the cornerstone of these efforts.
Here are some key points regarding the enhanced protection of cultural property during armed
conflict:
1. International Legal Framework: The 1954 Hague Convention is the primary
international treaty dedicated to protecting cultural property during armed conflicts. It
 establishes rules and guidelines for the protection of cultural property, including museums,
archives, libraries, and historic monuments. The 1999 Second Protocol strengthened
these provisions.
2. Definition of Cultural Property: The Convention defines cultural property broadly,
encompassing movable and immovable objects, archaeological sites, buildings of historical
or artistic value, and more. It includes items of great cultural, historical, or religious
significance.0.
3. Obligations of States: States that are parties to the Convention have a legal duty to take
measures to safeguard cultural property within their territory, even during times of conflict.
This includes marking cultural property with a special emblem (the Blue Shield) to
indicate its protected status.
4. Prohibition of Targeting Cultural Property: Deliberate acts of targeting cultural property
for destruction or theft are prohibited under international law. This includes actions by both
state and non-state actors. The intentional destruction of cultural property can be
considered a war crime.
5. Preventive Measures: States are encouraged to take preventive measures to minimize
damage to cultural property during armed conflicts. This can include relocating valuable
artifacts to safer locations, fortifying museums and historic sites, and creating inventories
of cultural property.
6. Respect for Cultural Diversity: The Convention emphasizes the need to respect the
cultural diversity of different peoples and their heritage. It recognizes that the protection of
cultural property is vital for maintaining cultural identities.
7. International Cooperation: International organizations, such as UNESCO, play a crucial
role in promoting awareness, education, and international cooperation for the protection
of cultural property during armed conflict.
8. Recovery and Restitution: After a conflict, efforts are made to recover stolen or illegally
exported cultural property. Legal mechanisms, such as the 1970 UNESCO Convention on
the Means of Prohibiting and Preventing Illicit Import, Export, and Transfer of
Ownership of Cultural Property, support these efforts.
9. Cultural Property in Peacekeeping: Peacekeeping missions often include cultural
property protection as part of their mandates. These missions help stabilize conflict-
affected areas and prevent further damage to cultural heritage.
10. Role of Civil Society: NGOs, scholars, and cultural heritage advocates play a vital role in
raising awareness, documenting damage, and advocating for the protection of cultural
property during armed conflict.
Enhanced protection of cultural property during armed conflict is not only a legal obligation but
also a moral imperative. Preserving cultural heritage contributes to the understanding and
appreciation of different cultures and histories and fosters reconciliation and peace in the aftermath
of conflicts. International cooperation and compliance with legal instruments are essential for
achieving this goal.

………………
There are a number of ways to enhance the protection of cultural property during armed conflict
under humanitarian law. Some of these include:
• Ratifying and implementing the relevant international conventions and protocols. The
most important international instruments for the protection of cultural property in armed
conflict are the 1954 Hague Convention for the Protection of Cultural Property in the Event
of Armed Conflict and its two Protocols (1954 and 1999). These instruments set out the
obligations of states to protect cultural property, both during international and non-
international armed conflicts.
• Providing training to military personnel on the protection of cultural property. Military
personnel should be aware of the legal obligations to protect cultural property and should
be trained on how to do so in practice. This training should include information on the
different types of cultural property, the risks they face in armed conflict, and the measures
that can be taken to protect them.
• Developing and implementing national cultural property protection plans. Each state
should develop a national cultural property protection plan that sets out the specific
measures that will be taken to protect cultural property in the event of armed conflict. This
plan should be based on the provisions of the relevant international instruments and should
be tailored to the specific circumstances of the state.
• Strengthening cooperation between states and international organizations. States should
cooperate with each other and with international organizations to enhance the protection of
cultural property in armed conflict. This cooperation can take many forms, such as sharing
information, providing training, and developing joint initiatives.
• ** Raising awareness of the importance of protecting cultural property. ** The public
should be made aware of the importance of protecting cultural property in armed conflict.
This can be done through education, public awareness campaigns, and the media.
By taking these steps, we can help to ensure that cultural property is better protected during armed
conflict and that the cultural heritage of all mankind is preserved for future generations.
Here are some additional specific measures that can be taken to protect cultural property during
armed conflict:
• Marking cultural property with the international distinctive emblem for cultural
property (the blue shield). This emblem will help to identify a cultural property and warn
parties to the conflict that it is protected.
 • Establishing buffer zones around cultural property to protect it from the effects of military
operations.
• Removing cultural property from areas of conflict and storing it in safe places.
• Documenting cultural property so that it can be better protected and restored in the event
of damage.
• Training local communities on how to protect cultural property.
The protection of cultural property is an important part of international humanitarian law. By
taking steps to protect cultural property, we can help to prevent the loss of irreplaceable cultural
heritage and promote peace and understanding between cultures.

(b) Hors de Combat and War crimes

"Hors de combat" is a legal term that comes from French, and it refers to a person who is out of
the fight or no longer able to participate in combat due to injury, surrender, or other circumstances.
It is primarily used in the context of international humanitarian law and the laws of war. When a
combatant or a combatant's vehicle, aircraft, or vessel is "hors de combat," they are considered to
be entitled to certain protections under the laws of armed conflict.
War crimes, on the other hand, are serious violations of the laws and customs of war, typically
committed during armed conflicts, both international and non-international in nature. These crimes
can encompass a wide range of acts, and they are considered to be among the most severe
violations of international law. War crimes include acts such as:
1. Targeting civilians: Deliberately attacking civilians who are not taking part in hostilities.
2. Attacks on civilian objects: Attacking buildings, infrastructure, or other objects that are
not being used for military purposes, in a manner that causes excessive harm to civilians.
3. Using prohibited weapons: Employing weapons that are banned under international law,
such as chemical or biological weapons.
4. Attacks on medical personnel and facilities: Deliberately targeting hospitals,
ambulances, and medical personnel.
5. Torture and inhumane treatment: Subjecting prisoners of war, detainees, or civilians to
torture, cruel, inhumane, or degrading treatment.
6. Forced displacement: Forcibly moving civilians from their homes or using them as human
shields.
7. Attacks on cultural property: Targeting monuments, historic buildings, and cultural
heritage sites without military necessity.
 8. Recruitment of child soldiers: Enlisting or using children under the age of 15 in
hostilities.
9. Sexual violence: Rape and other forms of sexual violence used as a weapon of war.
10. Denial of humanitarian access: Preventing the delivery of essential humanitarian aid to
civilians in need.
These acts are considered war crimes when they are committed intentionally and in violation of
the laws and customs of war. The perpetrators of war crimes can be held accountable through
international criminal tribunals, national courts, or other mechanisms.
It's important to note that the concept of "hors de combat" is related to war crimes in the sense
that combatants who are no longer taking part in the hostilities due to injury or surrender
are entitled to certain protections, and deliberately targeting them when they are in this state
can constitute a war crime. The laws governing armed conflicts and war crimes are primarily
codified in international treaties such as the Geneva Conventions and their Additional Protocols,
as well as customary international law.

……………
Hors de combat is a French term that means "out of combat". It refers to someone who is no
longer able to participate in hostilities, either because they are injured, surrendering, or captured.
War crimes are serious violations of the laws and customs of war. They are punishable under
international law.
Individuals who are hors de combat are protected from attack under international law. They must
be treated humanely and given medical attention if they are injured. War crimes include
intentionally targeting civilians, using prohibited weapons, and committing cruel treatment or
torture.
The Geneva Conventions of 1949 and their Additional Protocols protect individuals hors de
combat. These treaties are binding on all States’ Parties. They set out the rights and obligations of
States in relation to armed conflict.
The International Criminal Court (ICC) is the only permanent international court with jurisdiction
to prosecute individuals for war crimes. The ICC can investigate and prosecute individuals accused
of war crimes, crimes against humanity, and genocide.
Here are some examples of war crimes that involve individuals hors de combat:
• Intentionally directing attacks against civilians
• Intentionally directing attacks against medical personnel, facilities, or transports
• Using prohibited weapons, such as chemical weapons or landmines
• Committing cruel treatment or torture
 • Committing outrages upon personal dignity, in particular humiliating and degrading
treatment
• Taking of hostages
Individuals who commit war crimes can be held accountable for their actions. They can be
prosecuted by their own country or by the ICC. They can also be held liable for civil damages.
It is important to remember that war crimes are serious violations of international law. They must
be punished to deter future crimes and to uphold the rule of law.

(C) Just War, Jus in Bello, Jus in Bellum

"Just War," "Jus in Bello," and "Jus in Bellum" are concepts in the field of ethics and international
relations, particularly in the context of war and armed conflict. These concepts provide guidelines
and principles for evaluating the morality and ethics of war and the conduct of parties involved in
armed conflicts. Let's explore each of these concepts:
1. Just War (Jus ad Bellum):
• Definition: Just War theory, also known as Jus ad Bellum, is a set of criteria or
principles that are used to assess whether a war or armed conflict is morally
justifiable and whether it is ethically acceptable for a nation or group to engage in
war.
• Criteria: Just War theory typically includes the following criteria that must be met
for a war to be considered just:
• Just Cause: The war must have a justifiable reason, such as self-defense or
the protection of innocent lives.
• Legitimate Authority: The decision to go to war must be made by a
legitimate authority, such as a government or governing body.
• Right Intention: The primary intention of the war must be to restore peace
and justice, rather than pursuing ulterior motives.
• Last Resort: War should only be pursued after all peaceful means of
resolving the conflict have been exhausted.
• Proportionality: The expected benefits of the war must outweigh the
expected harm and suffering caused by the war.
• Reasonable Chance of Success: There must be a reasonable chance of
achieving the war's objectives.
2. Jus in Bello:
 • Definition: Jus in Bello, also known as Justice in War or Just Conduct in War,
focuses on the ethical principles that should govern the conduct of parties engaged
in an armed conflict. It deals with the morality of actions taken during the war.
• Principles: Jus in Bello includes principles such as:
• Distinction: Parties in conflict should distinguish between combatants
(those directly involved in hostilities) and non-combatants (civilians,
medical personnel, and others not taking part in hostilities). Deliberate
targeting of non-combatants is considered a violation of this principle.
• Proportionality: The use of force in war should be proportionate to the
military objectives being pursued. Excessive or indiscriminate force is
prohibited.
• Military Necessity: Actions taken during war should be necessary to
achieve a legitimate military objective.
• No Means Mala in Se: Parties should not use means or methods of warfare
that are inherently evil, such as chemical weapons or genocide.

3. Jus in Bellum:
• Definition: Jus in Bellum, or Justice in Entering War, deals with the ethical
considerations that govern the decision to go to war and the initiation of armed
conflict.
• Principles: It includes principles related to the right authority, just cause, and right
intention, which overlap with the criteria for a just war under Jus ad Bellum.
These concepts are important in discussions about the ethics of war and the responsibilities of
nations and individuals involved in armed conflicts. They provide a framework for evaluating
whether a particular war is morally justified and whether the conduct of those engaged in warfare
adheres to ethical norms.

……….

Just War, Jus in Bello, and Jus ad Bellum are all terms related to the ethics of war.
• Just War is a doctrine that seeks to regulate the conduct of war by placing moral
constraints on the use of force. It is based on the belief that war is a last resort and that it
 should only be used to achieve a just cause, such as self-defense or the defense of
innocent people.
• Jus in Bello is the law of war, which governs the conduct of hostilities during a conflict. It
sets out rules for how soldiers should fight and how civilians should be protected.
• Jus ad Bellum is the law of war, which governs the decision to go to war. It sets out criteria
that must be met before a state can legitimately use force against another state.
The three concepts are closely related, but they each have a distinct focus. Just War is concerned
with the overall justification for war, while Jus in Bello is concerned with the specific rules that
govern the conduct of war. Jus ad Bellum is concerned with the decision to go to war, and it is
often seen as a precursor to Just War.
The Just War tradition has been around for centuries, and it has been developed by philosophers,
theologians, and legal scholars. The basic principles of Just War are:
• Just cause: There must be a just cause for going to war, such as self-defense or the defense
of innocent people.
• Right intention: The intention behind going to war must be just, such as the desire to restore
peace or to protect the innocent.
• Last resort: War must be a last resort, after all other peaceful means have been exhausted.
• Probability of success: There must be a reasonable chance of success in achieving the just
cause.
• Proportionality: The harm caused by war must be proportionate to the good that will be
achieved.
• Preparation: War must be waged in a way that minimizes harm to civilians and other non-
combatants.
The Just War tradition has been criticized for being too idealistic and for failing to take into account
the realities of war. However, it remains an important framework for thinking about the ethics of
war.
Jus in Bello is also based on a number of principles, including:
• Distinction: Soldiers must distinguish between combatants and civilians.
• Proportionality: The use of force must be proportionate to the military objective.
• Restraint: Soldiers must use only the amount of force necessary to achieve their objectives.
• Humanity: Soldiers must treat all persons with humanity, regardless of their nationality or
affiliation.
• Non-combatant immunity: Civilians and civilian objects must be protected from attack.
Jus ad Bellum is based on the following principles:
• Legitimate authority: Only a legitimate authority, such as a state, can declare war.
• Just cause: There must be a just cause for going to war, such as self-defense or the defense
of innocent people.
• Probable success: There must be a reasonable chance of success in achieving the just cause.
• Last resort: War must be a last resort, after all other peaceful means have been exhausted.
• Proportionality: The harm caused by war must be proportionate to the good that will be
achieved.
The Just War tradition and Jus in Bello are important frameworks for thinking about the ethics of
war. They provide guidance on how to wage war in a way that is just and humane.

(d) International Humanitarian Law and International Human Rights Law

International Humanitarian Law (IHL) and International Human Rights Law (IHRL) are two
distinct but interconnected branches of international law that aim to protect and promote the rights
and dignity of individuals, especially during times of armed conflict or in peacetime. Here's an
overview of each:
International Humanitarian Law (IHL):
1. Purpose: IHL, also known as the Law of Armed Conflict or the Law of War, is a set of
rules and principles that govern the conduct of armed conflicts. Its primary purpose is to
limit the suffering and protect the rights of individuals who are not or are no longer taking
part in the hostilities, such as civilians and wounded soldiers.
2. Applicability: IHL is primarily applicable during armed conflicts, whether international
(between states) or non-international (within a single state). It also covers situations where
armed forces are involved in peacekeeping or occupation operations.
3. Key Principles: The fundamental principles of IHL include:
• Distinction: Parties to a conflict must distinguish between combatants and
civilians, and attacks must be directed only at military objectives.
• Proportionality: The use of force must be proportional to the military advantage
gained.
• Precaution: Parties must take precautions to avoid or minimize harm to civilians
and civilian objects.
• Humanity: Parties must treat all persons in their custody humanely and provide
medical care to the wounded and sick.
 • Non-discrimination: Combatants and civilians must be treated without adverse
distinction based on factors like race, religion, or nationality.
4. Treaties: IHL is codified in several international treaties, including the Geneva
Conventions of 1949 and their Additional Protocols. These treaties establish the legal
framework for the protection of victims of armed conflicts.
International Human Rights Law (IHRL):
1. Purpose: IHRL is a branch of international law that focuses on the protection and
promotion of human rights in peacetime and during non-conflict situations. It encompasses
a broad range of civil, political, economic, social, and cultural rights.
2. Applicability: IHRL is applicable at all times, whether in peacetime or during armed
conflict. States have an obligation to respect, protect, and fulfill the human rights of
individuals within their jurisdiction.
3. Key Instruments: Key international instruments that establish human rights principles
include the Universal Declaration of Human Rights (UDHR), the International Covenant
on Civil and Political Rights (ICCPR), and the International Covenant on Economic,
Social, and Cultural Rights (ICESCR), among others.
4. Scope: IHRL covers a wide range of rights, including the right to life, freedom from torture,
freedom of speech and religion, the right to education, and the right to work. It also includes
economic, social, and cultural rights such as the right to health, housing, and education.
Interconnection: While IHL and IHRL are distinct, they often intersect, especially in situations
of armed conflict. In such cases, both bodies of law apply simultaneously. IHRL provides a
baseline of human rights protection that must be maintained even during armed conflicts, and IHL
provides specific rules for the conduct of hostilities and the protection of certain categories of
individuals.
In summary, International Humanitarian Law primarily addresses the conduct of parties involved
in armed conflicts, while International Human Rights Law focuses on the protection and promotion
of human rights in both peacetime and conflict situations. Together, these bodies of law aim to
safeguard the rights and dignity of individuals around the world.

……….
International humanitarian law (IHL) and international human rights law (IHRL) are two distinct
but complementary bodies of law that are concerned with the protection of life, health, and dignity.
• International humanitarian law (IHL), also known as the law of armed conflict, applies in
situations of armed conflict, whether international or non-international. It aims to protect
persons who are not or are no longer taking direct part in hostilities, such as civilians,
wounded and sick combatants, and prisoners of war. IHL also limits the means and methods
of warfare that can be used.
 • International human rights law (IHRL) applies at all times, in peace and in war. It protects
the fundamental rights of all individuals, regardless of their nationality, ethnicity, religion,
or any other status. IHRL includes rights such as the right to life, the right to liberty and
security of person, the right to a fair trial, and the right to freedom of expression.
The two bodies of law are complementary in that they both aim to protect the human being. IHL
provides additional protections for individuals in times of armed conflict, while IHRL provides a
broader framework for the protection of human rights in all circumstances.
There are some areas where the two bodies of law overlap, such as the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment. In these cases, the more protective
provisions of IHL will apply.
There are also some areas where the two bodies of law may conflict. For example, IHL allows
for the use of force against combatants, while IHRL prohibits the arbitrary deprivation of
life. In these cases, it is necessary to balance the competing interests and to find a solution that
strikes the fairest balance between them.
The relationship between IHL and IHRL is a complex and evolving one. However, it is clear that
both bodies of law play an important role in protecting the human being, both in times of peace
and in times of war.
Here are some examples of how IHL and IHRL complement each other:
• IHL prohibits the use of certain weapons, such as chemical weapons, that are inherently
indiscriminate and cause unnecessary suffering. IHRL also prohibits the use of these
weapons, but it does so on the basis of their inherent cruelty, rather than their indiscriminate
nature.
• IHL protects prisoners of war from torture, cruel, inhuman or degrading treatment or
punishment. IHRL also protects all individuals from these acts, regardless of whether they
are prisoners of war.
• IHL requires that civilians be protected from the effects of hostilities. IHRL also protects
civilians from these effects, but it does so by focusing on the rights of individuals, such as
the right to life, the right to health, and the right to property.
The interaction between IHL and IHRL is a complex and evolving area of law. However, it is clear
that both bodies of law play an important role in protecting the human being, both in times of peace
and in times of war.

Protection provided to women under international humanitarian law during armed conflict
International humanitarian law (IHL) provides specific protections for women during armed
conflicts, recognizing their particular vulnerabilities and the unique challenges they may face.
These protections are outlined in various international treaties, including the Geneva Conventions
and their Additional Protocols, as well as customary international law. Here are some of the key
protections provided to women under IHL during armed conflict:

1. *Protection of Civilians:*
- Women, as civilians, are entitled to general protections afforded to all civilians during armed
conflicts. This includes the principle of distinction, which requires parties to the conflict to
distinguish between civilians and combatants, and between civilian objects and military targets.
Civilians should be protected from direct attack, and attacks that target civilians or civilian objects
are prohibited.
2. *Protection against Sexual and Gender-Based Violence (SGBV):*
- Women are often disproportionately affected by sexual and gender-based violence during
armed conflicts. IHL prohibits rape, sexual slavery, enforced prostitution, and other forms of sexual
violence. Such acts are considered war crimes and, in some cases, crimes against humanity.
- The Rome Statute of the International Criminal Court explicitly recognizes acts of sexual and
gender-based violence as constituting war crimes and crimes against humanity.
3. *Prohibition of Torture and Inhumane Treatment:*
- Women, like all individuals, are protected against torture, cruel, inhuman, or degrading
treatment or punishment. They should be treated with respect and dignity
4. *Protection of Pregnant Women and Mothers:*
- Pregnant and nursing women are entitled to special respect and protection. They should receive
necessary medical care and attention. It is prohibited to subject them to medical experiments or
any form of medical or scientific procedures that are not justified by their medical condition.
5. *Protection of Female Civilians in Detention:*
- Female civilian detainees must be treated with humanity and respect for their dignity. They
should be provided with proper accommodation, hygiene, and medical care. They should not be
subjected to sexual violence or any form of discrimination.
6. *Participation in Hostilities:*
- Women who directly participate in hostilities as combatants are entitled to the same protections
and legal status as male combatants. However, they are also subject to the risks and consequences
of armed conflict, including capture and detention.
7. *Reintegration and Rehabilitation:*
- Post-conflict, women who may have been associated with armed groups, as combatants or
otherwise, should be provided with assistance for their reintegration into civilian life. This includes
access to education, vocational training, psychological support, and other necessary services.
It's important to note that while these protections exist under international law, the actual
implementation and enforcement of these provisions can vary in practice. Efforts are ongoing to
raise awareness, promote compliance, and strengthen mechanisms for holding perpetrators
accountable for violations of these protections during armed conflicts.

Bangladesh Red cross

The Bangladesh Red Crescent Society (BDRCS) is the equivalent of the Red Cross in Bangladesh.
It is a humanitarian organization that provides various services to people in need, including disaster
relief, healthcare, and community development programs. Here are some key points about the
Bangladesh Red Crescent Society:
1. History: The Bangladesh Red Crescent Society was established on March 31, 1973,
following the Bangladesh Liberation War. It was recognized by the International
Committee of the Red Cross (ICRC) and admitted to the International Federation of Red
Cross and Red Crescent Societies (IFRC) in the same year.
2. Mission: The primary mission of the Bangladesh Red Crescent Society is to alleviate
human suffering, protect life and health, and uphold human dignity, especially during times
of armed conflicts and natural disasters. They are guided by the fundamental principles of
the Red Cross and Red Crescent Movement, including humanity, impartiality, neutrality,
independence, voluntary service, unity, and universality.
3. Activities: The organization engages in a wide range of activities, including disaster
response and preparedness, blood donation drives, healthcare services, first aid and disaster
management training, community development, and advocacy for humanitarian causes.
4. Disaster Response: Bangladesh is prone to natural disasters such as cyclones, floods, and
landslides. The Bangladesh Red Crescent Society plays a crucial role in providing relief
and assistance to affected communities during and after these disasters. They also work on
disaster preparedness and risk reduction programs.
5. Healthcare Services: The BDRCS operates hospitals, clinics, and mobile medical teams
to provide healthcare services to underserved populations. They also promote health and
hygiene awareness in communities.
6. Blood Donation: Blood donation is a significant part of their work. They organize blood
donation camps and maintain blood banks to ensure a steady supply of safe blood for
medical emergencies.
7. Volunteers: The organization relies heavily on volunteers who are trained to respond to
emergencies and provide support in various humanitarian activities.
8. International Cooperation: The Bangladesh Red Crescent Society works closely with the
International Committee of the Red Cross (ICRC) and the International Federation of Red
 Cross and Red Crescent Societies (IFRC) to coordinate and provide humanitarian
assistance.
9. Funding: They receive funding from various sources, including donations from
individuals, international organizations, and the government of Bangladesh.
10. Promotion of Humanitarian Values: In addition to their operational activities, the
BDRCS also works to promote humanitarian values and respect for International
Humanitarian Law (IHL) in Bangladesh.
The Bangladesh Red Crescent Society is an important humanitarian organization in Bangladesh,
and it plays a vital role in responding to the needs of vulnerable populations, particularly during
times of crisis and disaster.

………
The Bangladesh Red Crescent Society is a humanitarian organization and auxiliary to the
Government of Bangladesh. It was established in 1973 as the Bangladesh Red Cross Society and
changed its name to Bangladesh Red Crescent Society in 1988. The BDRCS has its headquarters
in Dhaka and also has 68 Units. A Unit is constituted in each of the 64 districts and in the
Metropolitan cities of Dhaka, Chittagong, Rajshahi & Khulna.

The BDRCS is a member of the International Federation of Red Cross and Red Crescent Societies
(IFRC) and is committed to the Fundamental Principles of the Red Cross and Red Crescent
Movement:
• Humanity: to prevent and alleviate human suffering wherever it may be found.
• Impartiality: to not discriminate against any individual or group.
• Neutrality: to remain independent from political, racial, religious, or other controversial
issues.
• Voluntary service: to be a volunteer-based organization.
• Unity: to work together with other Red Cross and Red Crescent societies.
• Universality: to extend its help to all in need, irrespective of their nationality, race, religion,
or political opinions.
The BDRCS works in a variety of areas, including:
• Disaster relief and preparedness: The BDRCS provides assistance to people affected by
natural disasters, such as floods, cyclones, and earthquakes. It also works to raise awareness
of disaster risks and to build the resilience of communities.
 • Health and care: The BDRCS provides primary healthcare services, including
immunization, maternal and child health care, and treatment for non-communicable
diseases. It also runs blood banks and provides first aid training.
• Water and sanitation: The BDRCS works to improve access to safe water and sanitation in
Bangladesh. It also works to raise awareness of hygiene practices.
• Education: The BDRCS works to promote peace and tolerance through education. It also
runs schools and training programs for volunteers.
• Social development: The BDRCS works to empower women and girls, promote social
inclusion, and protect the rights of children. It also works to address issues such as poverty,
unemployment, and climate change.
• The BDRCS is a valuable asset to Bangladesh and plays an important role in helping the
most vulnerable people in the country.

Red cross (history, committee,appeal,fund,fundamental principles, legal status, legal basis,

mission, contribution)
History: The Red Cross was founded by Henry Dunant, a Swiss businessman, and Gustave
Moynier, a Swiss lawyer, in 1863. It was established in response to the suffering and lack of
medical care for wounded soldiers during the Battle of Solferino in 1859. The organization's initial
goal was to provide neutral and impartial assistance to wounded soldiers on the battlefield,
regardless of their nationality.
Committee: The International Committee of the Red Cross (ICRC) is a key part of the Red Cross
movement. It is an independent, neutral organization based in Geneva, Switzerland. The ICRC
primarily focuses on providing humanitarian assistance and protection to victims of armed
conflicts and other situations of violence.
Appeal: The Red Cross often launches appeals for humanitarian aid in response to natural
disasters, armed conflicts, and other emergencies. These appeals aim to raise funds and resources
to provide assistance to those in need.
Fund: The Red Cross relies on donations and funding from governments, organizations, and
individuals to carry out its humanitarian missions. These funds are used for various purposes,
including disaster relief, healthcare, and community development.
Fundamental Principles: The Red Cross movement is guided by seven fundamental principles:
1. Humanity: The Red Cross seeks to alleviate human suffering and protect life and health.
2. Impartiality: It provides assistance to those in need without discrimination.
3. Neutrality: The Red Cross does not take sides in conflicts and maintains a neutral stance.
4. Independence: It operates independently to carry out its humanitarian work.
 5. Voluntary Service: The Red Cross is a voluntary relief organization.
6. Unity: There can only be one Red Cross society in a single country.
7. Universality: The Red Cross provides assistance without any adverse distinction based on
nationality, race, religion, or political beliefs.
Legal Status: The Red Cross has a unique legal status in international law. It is recognized and
protected by the Geneva Conventions and their Additional Protocols, which set out rules for the
treatment of victims of armed conflicts and the conduct of parties in conflict. The ICRC is
considered the guardian of these conventions.
Legal Basis: The legal basis for the Red Cross movement is primarily the Geneva Conventions, a
series of international treaties signed by most countries in the world. These conventions establish
the rights and protections of victims of armed conflicts and provide the legal framework for the
Red Cross's work.
Mission: The Red Cross's mission is to prevent and alleviate human suffering wherever it may be
found, to protect life and health, and to ensure respect for all individuals, especially in times of
armed conflict and other emergencies. Their work includes disaster response, healthcare, support
for vulnerable communities, and promoting humanitarian values.
Contribution: The Red Cross has made significant contributions to global humanitarian efforts.
It plays a vital role in disaster response, healthcare provision, and the protection of vulnerable
populations in conflict zones. The organization also promotes humanitarian values and helps
educate people about the rules of war and the importance of humanitarian principles.
Overall, the Red Cross is a crucial humanitarian organization with a long history of providing
assistance and relief to those in need around the world.

………….
The Red Cross is an international humanitarian movement with a mission to protect human life
and dignity and to help people affected by disaster, conflict, and other emergencies. It was founded
in 1863 by Henry Dunant, a Swiss businessman who was inspired by the suffering of wounded
soldiers at the Battle of Solferino in Italy.
The Red Cross movement is made up of three components:
• The International Committee of the Red Cross (ICRC): The ICRC is the founding body of
the Red Cross movement. It is an independent, impartial, and neutral organization that
works to protect the lives and dignity of people affected by war and other armed conflicts.
• The International Federation of Red Cross and Red Crescent Societies (IFRC): The IFRC
is the umbrella organization for the national Red Cross and Red Crescent societies. It
provides support to its member societies in times of need and works to promote
humanitarian principles around the world.
 • National Red Cross and Red Crescent societies: There are over 190 national Red Cross and
Red Crescent societies around the world. These societies are independent organizations
that work in their own communities to provide humanitarian assistance.
The Red Cross has made significant contributions to the world in the areas of humanitarian
assistance, disaster relief, and peacebuilding. It has helped to save millions of lives and to improve
the lives of countless others. The Red Cross is a symbol of hope and compassion, and it continues
to work tirelessly to help those in need.
Here are some specific examples of the Red Cross's contributions:
• During World War I, the Red Cross helped to care for wounded soldiers and to reunite
families.
• After the Armenian genocide, the Red Cross helped to provide food, shelter, and medical
care to the survivors.
• During the Spanish Civil War, the Red Cross helped to evacuate civilians from war zones.
• After the Holocaust, the Red Cross helped to identify and reunite survivors with their
families.
• During the Vietnam War, the Red Cross helped to provide medical care to wounded soldiers
and civilians.
• After the Rwandan genocide, the Red Cross helped to provide food, shelter, and medical
care to the survivors.
• After the Haiti earthquake, the Red Cross helped to provide food, water, shelter, and
medical care to the survivors.
The Red Cross is a valuable asset to the world. It is a symbol of hope and compassion, and it
continues to work tirelessly to help those in need.

Rome Statute (article 8+ case study)

The Rome Statute is the treaty that established the International Criminal Court (ICC), which is
the first permanent international court established to prosecute individuals for the most serious
international crimes. Article 8 of the Rome Statute pertains to war crimes.
Article 8 of the Rome Statute defines and provides a comprehensive list of war crimes that fall
under the jurisdiction of the ICC. These war crimes can be committed during both international
armed conflicts (wars between states) and non-international armed conflicts (conflicts within a
single state).
Here are some key points from Article 8 of the Rome Statute:
 1. Grave Breaches: The article outlines a set of "grave breaches" which are considered
particularly serious war crimes. These include acts like willful killing, torture, taking
hostages, intentionally directing attacks against civilians, and more.
2. Other Serious Violations: In addition to grave breaches, Article 8 also covers other serious
violations of the laws and customs of war that are not considered grave breaches but are
still war crimes. This includes acts like intentionally launching attacks in the knowledge
that they will cause excessive harm to civilians, using prohibited weapons, and more.
Now, let's look at a case study related to Article 8 of the Rome Statute:
Case Study: The ICC Prosecutor vs. Thomas Lubanga
Background: Thomas Lubanga Dyilo, a Congolese warlord, was charged with war crimes under
Article 8 of the Rome Statute for his involvement in the conflict in the Democratic Republic of
Congo's (DRC) Ituri region. The conflict in Ituri involved ethnic tensions and armed groups vying
for control of the region's valuable resources, including gold and diamonds.
Charges: Lubanga was charged with recruiting and enlisting child soldiers under the age of
15 to participate in hostilities, a grave breach of Article 8. The prosecution argued that he
conscripted children into his militia group, the Union of Congolese Patriots (UPC), and forced
them to participate in the conflict.
ICC Proceedings: The case was brought before the International Criminal Court, and in 2012,
Thomas Lubanga was found guilty of the war crime of enlisting and conscripting child soldiers
under the age of 15 and using them in hostilities. This marked the ICC's first-ever conviction
since its establishment.
Sentencing: In July 2012, Lubanga was sentenced to 14 years in prison. The ICC took into
account factors such as his cooperation with the court and the need for rehabilitation and
reintegration of child soldiers when determining his sentence.
This case study demonstrates the practical application of Article 8 of the Rome Statute in
prosecuting individuals for war crimes. The ICC's judgment sent a clear message that the use of
child soldiers in armed conflicts is a grave violation of international law, and individuals
responsible for such crimes can be held accountable under the Rome Statute.

…………
Article 8 of the Rome Statute of the International Criminal Court (ICC) defines war crimes. It
includes a list of acts that are considered war crimes, including intentionally directing attacks
against the civilian population as such or against individual civilians not taking direct part in the
hostilities; intentionally directing attacks against civilian objects, that is, objects which are not
military objectives; intentionally directing attacks against personnel, installations, material, units
or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the
Charter of the United Nations, as long as they are entitled to the protection given to civilians or
civilian objects under the international law of armed conflict; intentionally directing attacks against
buildings dedicated to religion, education, art, science or charitable purposes, historic monuments,
hospitals and places where the sick and wounded are collected, provided they are not military
objectives; compelling a prisoner of war or other protected person to serve in the forces of a hostile
Power; and compelling the nationals of the hostile party to take part in the operations of war
directed against their own country, even if they are in the territory of the Party of which they are
nationals, if such participation is involuntary.
One case study that illustrates the application of Article 8 of the Rome Statute is the case of The
Prosecutor v. Bosco Ntaganda. Ntaganda was a senior military commander in the Union of
Democratic Forces for the Liberation of Rwanda (ADFL), a rebel group that was active in the
Democratic Republic of the Congo (DRC). He was accused of war crimes and crimes against
humanity, including intentionally directing attacks against the civilian population, intentionally
directing attacks against civilian objects, and conscripting and enlisting children under the age of
15 years into armed forces or groups or using them to participate actively in hostilities.
The ICC found Ntaganda guilty of all charges and sentenced him to 30 years in prison. In its
judgment, the ICC found that Ntaganda had committed the crimes charged by intentionally
directing attacks against the civilian population in the DRC, including by shelling villages and
towns, and by executing civilians. The ICC also found that Ntaganda had intentionally directed
attacks against civilian objects, including by destroying schools and hospitals. Finally, the ICC
found that Ntaganda had conscripted and enlisted children under the age of 15 years into the ADFL
and had used them to participate actively in hostilities.
The case of The Prosecutor v. Bosco Ntaganda is an important example of the application of Article
8 of the Rome Statute. It shows that the ICC is willing to prosecute individuals for war crimes,
even if they are high-ranking military commanders. The case also sends a message that the ICC
will not tolerate the use of child soldiers in armed conflict.