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Ihl (2007)
Ihl (2007)
Ihl (2007)
HUMANITARIAN LAW
What is IHL?
Forms a major part of public international law
(under public int’l law)
Comprises rules which in times of armed conflict
seek to protect people who are not or no longer
taking part in the hostilities
Restrict the means and methods of warfare
employed
IHL - Geneva and the Hague (2
branches)
“law of Geneva” – safeguard military personnel
no longer taking part in the fighting & people not
actively involved in hostilities (civilians)
At the end of 2004, almost all the world’s States were part to
the Geneva Conventions.
Other Roles:
1. Monitor the changing nature of armed conflict
2. Organize consultations with a view to
ascertaining the possibility of reaching
agreement on new rules
3. Prepare draft texts for submission to
diplomatic conferences
Developments in IHL
Prohibits the use and transfer Prohibit the use of nuclear
of laser weapons, one of weapons. Moreover, they
whose specific combat require belligerents to
functions is to cause distinguish at all times
permanent blindness combatants and civilians
Prohibition of the use, The new court will have
stockpiling, production and jurisdiction over war crimes
transfer of anti-personnel committed in either
mines international or non-
international armed conflicts
Prohibition of military or any Prohibitions on the use of
hostile use of environmental certain conventional weapons
modification techniques
Humanitarian Law Assisstance to the
Victims of Armed Conflict
Art.23: Free passage for consignments of
certain objects necessary to the survival of
the civilian population
Art 55: The duty of the Occupying Power to
ensure essential supplies to the population
of territories it occupies; if its own supplies
are inadequate, the Occupying Power must
agree to relief provided by outside resources
State's Roles
Monitoring compliance
• Action by the
protecting powers
• ICRC
Mechanisms for repression
Obligation for the national courts to repress grave
breaches considered as war crimes
Criminal liability and disciplinary responsibility of
superiors, and the duty of military commanders to
repress and denounce offences
Mutual assistance between States on criminal matters
Universal instruments
International Covenants on Civil and Political Rights; Economic, Social
and Cultural Rights (1966); Conventions on Genocide (1948); Racial
Discrimination (1965); Discrimination Against Women (1979); Torture
(1984); and Rights of the Child (1989)
Regional instruments
European Convention for the Protection of Human Rights and
fundamental freedoms (1950); American Declaration of the Rights and
Duties of Man (1948); and African Charter on Human and Peoples’
Rights (1981)
International International Human
Humanitarian Law Rights Law
Applicable in times of Applies all the time (in
conflict (international or peacetime or in situations
non-international) of armed conflicts)
No derogations from its Some treaties are
provisions degorable, some are not
Irevocable treaties:
right to life, prohibition of
torture or cruel, inhuman or
degrading treatment or
punishment, prohibition of
slavery and servitude and the
prohibition of retroactive
criminal laws.
…IHL continuation …IHRL continuation
IHL binds all actors to an lays down rules binding
armed conflict: governments in their
International conflicts relations with
must be observed by the individuals
states involved issue on non-state actors
Non-International with government-like
conflicts functions to respect
IHRL is still unsettled
binds the government
and groups against it or
fighting among
themselves
…IHL continuation …IHRL continuation
IHL imposes obligations on Individuals do not have specific
individuals and also provides duties under IHRL treaties
that persons may be held
individually criminally IHRL provides for individual
responsible
criminal responsibility for
violations that may constitute
IHL establishes universal international crimes (genocide,
jurisdiction over persons crimes against humanity and
suspected of having committed torture—also subject to
serious violations. universal jurisdiction)