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What Is International Humanitarian Law?

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ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN LAW ____________________________________ What is International Humanitarian Law? What is international balance between humanitarian the 2000 Optional Protocol to humanitarian law? concerns and the military the Convention on the Rights of requirements of States. the Child on the involvement of International humanitarian law is a children in armed conflict. set of rules which seek, for As the international community has humanitarian reasons, to limit the grown, an increasing number of Many provisions of international effects of armed conflict. It protects States have contributed to the humanitarian law are now accepted persons who are not or are no development of those rules. as customary law – that is, as longer participating in the hostilities International humanitarian law forms general rules by which all States are and restricts the means and today a universal body of law. bound. methods of warfare. International humanitarian law is also known as the law of war or the law of armed Where is international When does international conflict. humanitarian law to be found? humanitarian law apply? International humanitarian law is A major part of international International humanitarian law part of international law, which is the humanitarian law is contained in the applies only to armed conflict; it body of rules governing relations four Geneva Conventions of 1949. does not cover internal tensions or between States. International law is Nearly every State in the world has disturbances such as isolated acts contained in agreements between agreed to be bound by them. The of violence. The law applies only States – treaties or conventions –, in Conventions have been developed once a conflict has begun, and then customary rules, which consist of and supplemented by two further equally to all sides regardless of State practise considered by them agreements: the Additional who started the fighting. as legally binding, and in general Protocols of 1977 relating to the principles. protection of victims of armed International humanitarian law conflicts. distinguishes between international International humanitarian law and non-international armed conflict. applies to armed conflicts. It does Other agreements prohibit the use International armed conflicts are not regulate whether a State may of certain weapons and military those in which at least two States actually use force; this is governed tactics and protect certain are involved. They are subject to a by an important, but distinct, part of categories of people and goods. wide range of rules, including those international law set out in the These agreements include: set out in the four Geneva United Nations Charter. Conventions and Additional the 1954 Convention for the Protocol I. Protection of Cultural Property Where did international in the Event of Armed Conflict, humanitarian law originate? plus its two protocols; Non-international armed conflicts are those restricted to the territory of International humanitarian law is the 1972 Biological Weapons a single State, involving either rooted in the rules of ancient Convention; regular armed forces fighting groups civilizations and religions – warfare of armed dissidents, or armed has always been subject to certain the 1980 Conventional groups fighting each other. A more principles and customs. Weapons Convention and its limited range of rules apply to five protocols; internal armed conflicts and are laid Universal codification of down in Article 3 common to the four international humanitarian law the 1993 Chemical Weapons Geneva Conventions as well as in began in the nineteenth century. Convention; Additional Protocol II. Since then, States have agreed to a series of practical rules, based on the 1997 Ottawa Convention on It is important to differentiate the bitter experience of modern anti-personnel mines; between international humanitarian warfare. These rules strike a careful law and human rights law. While some of their rules are similar, these the way in which civilians are to be sick and the wounded, and in two bodies of law have developed treated when under the authority of restricting the use of barbaric separately and are contained in an enemy power. This includes the weapons. different treaties. In particular, provision of food, shelter and human rights law – unlike medical care, and the right to Given that this body of law applies international humanitarian law – exchange messages with their during times of extreme violence, applies in peacetime, and many of families. implementing the law will always be its provisions may be suspended a matter of great difficulty. That said, during an armed conflict. The law sets out a number of clearly striving for effective compliance recognizable symbols which can be remains as urgent as ever. used to identify protected people, What does international places and objects. The main humanitarian law cover? emblems are the red cross, the red What should be done to crescent and the symbols identifying implement the law? International humanitarian law cultural property and civil defence covers two areas: facilities. Measures must be taken to ensure respect for international the protection of those who are humanitarian law. States have an not, or no longer, taking part in What restrictions are there on obligation to teach its rules to their fighting; weapons and tactics? armed forces and the general public. They must prevent violations or restrictions on the means of International humanitarian law punish them if these nevertheless warfare – in particular weapons prohibits all means and methods of occur. – and the methods of warfare, warfare which: such as military tactics. In particular, they must enact laws to fail to discriminate between punish the most serious violations of those taking part in the fighting the Geneva Conventions and What is “protection”? and those, such as civilians, Additional Protocols, which are who are not, the purpose being regarded as war crimes. The States International humanitarian law to protect the civilian must also pass laws protecting the protects those who do not take part population, individual civilians red cross and red crescent in the fighting, such as civilians and and civilian property; emblems. medical and religious military personnel. It also protects those cause superfluous injury or Measures have also been taken at who have ceased to take part, such unnecessary suffering; an international level: tribunals have as wounded, shipwrecked and sick been created to punish acts combatants, and prisoners of war. cause severe or long-term committed in two recent conflicts damage to the environment. (the former Yugoslavia and These categories of person are Rwanda). An international criminal entitled to respect for their lives and Humanitarian law has therefore court, with the responsibility of for their physical and mental banned the use of many weapons, repressing inter alia war crimes, was integrity. They also enjoy legal including exploding bullets, chemical created by the 1998 Rome Statute. guarantees. They must be protected and biological weapons, blinding and treated humanely in all laser weapons and anti-personnel Whether as individuals or through circumstances, with no adverse mines. governments and various distinction. organizations, we can all make an important contribution to compliance More specifically: it is forbidden to Is international humanitarian law with international humanitarian law. kill or wound an enemy who actually complied with? surrenders or is unable to fight; the sick and wounded must be collected Sadly, there are countless examples and cared for by the party in whose of violation of international power they find themselves. Medical humanitarian law. Increasingly, the personnel, supplies, hospitals and victims of war are civilians. ambulances must all be protected. However, there are important cases where international humanitarian There are also detailed rules law has made a difference in 07/2004 governing the conditions of protecting civilians, prisoners, the detention for prisoners of war and .
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