IHL Class 2012 of Prof.

Harry Roque
U.P. College of Law
Outline
PART I
 History of IHL
 Basics of IHL
 The International Red Cross and Red Crescent
 International Criminal Law and ICC
 IHL and Human Rights
Outline
PART II
 Definition of Terms and Concepts
 The Geneva Convention
 Rights and Obligations under the International
Humanitarian Law
PART III
 Republic Act 9851
 The International Humanitarial Law and R.A. 9851
 The Philippines and the IHL
Origin
WAR
- regulated in all cultures
- lead to death of parties

Early Humanitarian Regulations

- limited application
- unsystematic
Movements to Regulate and
Humanize Armed Conflict
 1859 – Battle of Solferino
- 70,000 dead and 30,000 wounded
- lead to the convocation of Int’l Conference in Geneva
in 1863

 1863 - General Order 100 issued by Abraham Lincoln

 Declaration of St. Petersburg of 1968 drafted under

the reign of Czar Nicholas II
International Humanitarian Law
The Hague Regulations
- based on the principle of assuring the loyalty of
combatants by regulating hostilities and limiting
forms of combat.

The Geneva Conventions

- seek to alleviate combatants’ suffering and to protect
civil populations affected by conflict
Fundamental Principles of IHL
 Distinction
- Parties shall at all times distinguish
 Proportionality
- Seeks to strike balance between diverging interest,
 Military Necessity
- Target legitimate objective only
Basic Concepts
WHEN APPLICABLE
 international armed conflicts, which involve at least two
countries;
 armed conflicts that take place in one country (such as
those between a government and rebel forces)
WHO DOES IHL PROTECT
 Those not participating or no longer participating in
hostilities
 Women and children (specific needs)
Basic Concepts
WHY IMPORTANT
 ensure the safety and dignity of people in times of war.
 seeks to preserve a measure of humanity, with the
guiding principle that even in war there are limits.

HOW IHL PROTECTION OPERATES

 distinguish between combatants and civilians
 care for wounded, sick and protect medical personnel
 allow visits to POWs and civilian internees
Role of the ICRC
 “guardian of the IHL”
 Established in 1863 by Jeanne Henry Dunant
 Headquarters in Geneva, Switzerland

In the Philippines
- R.A. 95 (1947)
- R.A. 10072 (2009)
The Emblems