THE INTERNATIONAL

HUMANITARIAN LAW
Prof. Sultan
I. INTRODUCTION:
◦ International humanitarian law operates on a strict division between rules applicable
in international armed conflict and internal armed conflict. This dichotomy is widely
criticized. The relationship between international human rights law and international
humanitarian law is disputed among international law scholars. This discussion forms
part of a larger discussion on fragmentation of international law.
II. OBJECTIVES:
◦ 1. Recognize the universal instruments on international humanitarian law.
◦ 2. Determine the key principles on international humanitarian law.
◦ 3. Explain the distinction between human rights law and humanitarian law
What is International Humanitarian Law?
◦ International Humanitarian Law is applies only to armed conflicts and not internal tensions
or disturbances. It protects those who are not or no longer a part of the fighting. It also
prohibits all means and methods of warfare which could not discriminate between civilians
and those who are taking part in fighting. It provides medical assistance to those wounded
soldiers, or persons who encountered armed conflict
◦ It is the International Law of Armed Conflict (LOAC), with two general objectives and areas
of concern regarding armed conflict:
◦ [1] as to protection of its victims – (“Geneva Law” or “Red Cross Law”); and,
◦ [2] as to limitation of its methods and means (“Hague Law”). Human rights and
humanitarian law are two distinct and yet very closely related branches of the international
legal system. ◦ https://www.youtube.com/watch?v=v8hYo9vl8h4
Purpose of IHL
◦ IHL protects those that have not, or are no longer, taking a direct part in hostilities:
◦ civilians
◦ wounded who give up fighting
◦ prisoners or detainees
 ◦ Human rights law
ablishes universal rights
t every individual should
oy at all times, in both
ace and war States are
ged vis-a-vis the individual
ng within their jurisdiction to
pect and protect these
Distinction ◦ Humanitarian law
The law of armed conflict or the law
of war: a body of rules which in
wartime protect persons who are not
or no longer participating in the
hostilities and which limit methods
and means of warfare – to make war
the least inhumane possible.
Warning parties, traditionally States
in international conflicts are to
observe and comply
Instruments
◦ 1. Universal Instruments
 Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948.
 Convention on the Prevention and Punishment of the Crime of Genocide of 1948
 International Covenant on Civil and Political Rights of 1966 on the International Covenant on Social and
Economic Rights of 1966.
 The Convention on the Elimination of All Forms of Discrimination against Women of 1981.
 The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment of 198
 The Convention on the Rights of the Child of 1989.
◦ 2. Regional Instruments
 The European Convention of Human Rights of 1950
 The American Convention of Human Rights of 1969
 The African Charter of Human and Peoples Rights of 1981
 Concept
◦ Its provisions are intended both to protect people who are not or no longer taking part in hostilities as
well as to restrict the methods and means use to wage war.
◦ Its purpose is to limit the suffering war causes by affording victim the maximum possible protection and
assistance

Scope
◦ The greater part of international humanitarian law applies to situations involving international armed
conflicts waged between subjects of international law. While there are only limited rules concerning non
international armed conflicts, i.e. conflicts within a country, they, too, are considered of great importance
 Principles of IHL These provide a "roadmap" for what is right and wrong in armed conflict

◦ Limitation
◦ The means and methods of warfare are not unlimited
◦ Distinction
◦ Combatants must at all times distinguish between combatants and civilians, and between military objectives and
civilian objects.
◦ Proportionality
◦ Combatants must at all times distinguish between combatants and civilians, and between military objectives and
civilian objects.
◦ Unnecessary suffering
◦ Don't inflict unnecessary suffering
◦ Military necessity
◦ Justifies the proportional use of military force against an enemy, to force him to submit Does not justify
inhumane conduct Not an excuse for acts forbidden by IHL
 rinciples
derlying all norms in the area of humanitarian international law is the effort to find a balance between the
nflicting interests of military necessity on the one hand and humanity on the other. This gives rise to the
owing key principles:
Neither the conflicting parties nor members of their armed forces have unlimited freedom in the choice of
methods and means with which to wage war.
Hence the use of weapons and methods which inflict excessive injuries and unnecessary suffering is
orbidden. To protect the civilian population and civilian objects, these must in all circumstances be a clear
istinction made between civilians and combatants.
Neither the civilian population as whole nor individual civilians may be attacked.
Attacks must be aimed exclusively at military targets. Combatants and civilians in the power of an opposing
arty have the right to have their lives and dignity respected. They must be protected from any violence or
epressive measures. It is prohibited to kill or injure an adversary who surrenders or is unable to continue
ghting
 Other IHL Treaties
1899 Dum Dum bullets
1925 Geneva Convention – poison gases
1954 Hague Cultural Property
1976 Environmental Modification (ENMOD)
1980 Convention against Certain Conventional Weapons (CCW).
Five Protocols:
non-detectable fragments
mines & booby traps
incendiary weapons
laser blinding weapons
explosive remnants of war
1993 Chemical weapons
1997 Ottawa treaty – AP mines
1998 Rome statute – establishing the ICC
Pakistan and IHL Geneva Conventions of 1949 12 June 1951 Hague Cultural Property Convention 1954 27 March 1959 Certain
Conventional Weapons (CCCW) 1980 01 April 1985 Chemical Weapons 1993 28 October 1997
HENRY DUNANT (1828 – 1910)

Two Ideas
◦ To create an organization of trained
volunteers ready to assist wounded
in war in every country.
◦ To promote an international
agreement protecting wounded
soldiers in war and those who care
for them.
Conclusion
◦ remember:
◦ Even wars have limits
◦ IHL protects those who do not, or no longer, take part in hostilities IHL is applicable during
armed conflict
◦ All Parties are bound to respect IHL
◦ ICRC is mandated to be active in conflict situations and has a right of initiative to be present
in situations of armed violence