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INTERNATIONAL

HUMANITARIAN LAW

International Committee of the Red Cross

INTRODUCTION

TO

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Presentation Content:

* Introduction- The Origins of IHL.

* What is IHL ?

* Where does IHL come from ?

* What does IHL Cover ?

* Geneva, Hague and Mixed Law.

* Fundamental Principles of IHL.

* Fundamental Rights and Guarantees.* Conclusion.

* Discussion.

* Video: Fighting by the Rules (28 min)

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Battle of Soferino, Italy, 1859

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1828 - 1910

1. To create, in each country, anorganisation of trained volunteers

ready to assist the wounded in war.

2. To promote an international

agreement protecting the wounded

soldiers on the battlefield and those

who care for them.

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1828 - 1910

To create, in each country, an

organisation of trained volunteers

ready to assist the wounded in war

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1828 - 1910

To promote an international

agreement protecting the wounded

soldiers on the battlefield and those

who care for them.

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WHAT IS IHL?

A set of rules which for humanitarianreasons seeks to limit the effects of armed

conflict. It protects those who are not, or are

no longer taking part in the fighting and

restricts the means and methods of warfare.

IHL is also called the ...

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Religion

Culture

Humanity

Chivalry

Fundamental tenets of Christianity,Hinduism, Islam, Budhism, etc

Military honour shown by one

professional army to another.

Protection of the individual in times of

war on humanitarian considerations.

Norms of culture and tradition passed

down through the generations.

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The origins of International Humanitarian Law (IHL)

can be found in the codes and rules of religions and

cultures around the world.

The modern development of the law began in the 19th

century. Since then, States have agreed to a series of

practical rules, based on the bitter experience of modernwarfare, which represents a careful balance between

States` Military requirements and Humanitarian

Concerns.

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IHLwas...

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WHAT DOES INTERNATIONAL

HUMANITARIAN LAW COVER?International Humanitarian Law covers two areas:

ThePROTEC TIONof those who are not, or areno longer, taking part in fighting.

Restriction on theMEANS of WARFARE,

notably weapons, and theMETHODS of

WARFAREsuch as military tactics.

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IHL PROTECTS

those who do not take part in the fighting such as:

Civilians

Medical and Religious Personnel

Wounded

Shipwrecked

Sick

Prisoner of War

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Must be

PROTECTED

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Must not be attacked

Must be spared from physical abuse and degrading

treatment.

Wounded and sick must be collected and cared for.

Detailed rules, including the provision of adequate food

and shelter and legal guarantees, apply to those whohave been taken prisoner or detained.

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Hospitals and ambulances, are also

protected and must not be attacked.

IHLsets out a number of clearlyrecognisable emblems and signals which

can be used to identify protected peopleand places. These include theRED CROSS

andRED CRESCENT.

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Restriction on the MEANS of WARFARE,notably weapons, and the METHODS of

WARFARE such as military tactics.

WHAT AREAS DOES INTERNATIONAL

HUMANITARIAN LAW COVER?

International Humanitarian Law covers two areas:

The PROTECTION of those who are not, or are

no longer, taking part in fighting.

Summary:

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International Humanitarian Law prohibits all

MEANS and METHODS of WARFARE which:

1. Fail to discriminate between those taking part inthe fighting and those, such as civilians, who

are not taking part in the fighting.

2. Cause superfluous injury or unnecessarysuffering.

3. Cause severe of long term damage to the

environment.

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(1) fail to discriminate between those

taking part in the fighting and those, such as

civilians, who are not taking part in the

fighting;

Combatant Civilian

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(2) Cause superfluous injury or

unnecessary suffering;

(3) C l t d t

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(3) Cause severe or long term damage to

the environment.

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Use of Agent Orange Defoliant by the US Forces

in Vietnam, damaging large tracts of forest and

arable lands. Additionally producing a range of

castogenic health effects on humans. Deliberate release of airborne diseases, Nuclear

Radioactivity.

Deliberate burning of Oil Fields in Kuwait duringthe Gulf War

Example incidents...

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International Humanitarian Law has thus

banned the use of many weapons including

exploding bullets, chemical and biologicalweapons, laser-blinding weapons and anti-

personnel mines.

International Humanitarian Law has thus

banned the use of many weapons including

exploding bullets, chemical and biologicalweapons, laser-blinding weapons and anti-

personnel mines.

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Ratified by 192 States

Deals with PROTECTION of WAR VICTIMS, be they

Military or Civilian, on land or water. Protects all

persons Hors de Combat.

Safeguard Military personnel,

Hors de Combat and persons who

do not take part in hostilities

C it l i t t f th Milit

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Deals with regulation of the Methods and Means

of Combat and puts emphasis on the conduct of

military operations.

Determines the rights and duties of

belligerents in the conduct of operations and

limits the choice of the means of harming the

enemy.

Capital interest for the Military

Commander on land, at sea and in

the air..

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PROTOCOLS additional to the Geneva Conventions of

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PROTOCOLS additional to the Geneva Conventions of

1949

For the Protection of War Victims.

Applicable in INTERNATIONAL

ARMED CONFLICT, including wars of

National Liberation.

To ensure the protection of civilians againstthe effects of hostilities

Applicable to NON-INTERNATIONAL

ARMED CONFLICT of a certain

magnitude.

Guarantees protection for all persons who do not,

or have ceased to take part in hostilities. Rules

pertaining to sick, wounded, shipwrecked, medical

facilities and personnel.

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* Relates to the protection of Victims of InternationalArmed Conflict. Imposes constraints on the way in which

military operations may be conducted. They do not

encroach upon the right of the State to defend itself by any

legitimate means.

* This treaty came into being because new methods of

combat had been developed and the rules applicable to theconduct of hostilities had become outdated.

* Civilians are now entitled to protection from the effects

of war.

What new elements does PROTOCOL 1

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Whatnew elements does PROTOCOL 1contain ?

(1) Gives a reminder that the right of a party to choose Methods and Means of

Warfare is not unlimited.

(2) That it is prohibited to employ weapons, projectiles and any other device

that may cause superfluous injury or unnecessary suffering.

(3) It defines legitimate targets in case of attack.

(4) It prohibits indiscriminate attacks and attacks or reprisals against:

* the civilian population and individual civilians,

* objects indispensable to the survival of the civilian population,* cultural objects and places of worship

* works and installations containing dangerous forces,

* the natural environment.

NOTE: Violations of the provisions listed in (4) are determined to be GRAVEBREACHES of humanitarian law and are classified as WAR CRIMES

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(5) It extends protection accorded under the Geneva Conventionto all medical personnel, units and means of transport, both

civilian and military.

(6) It establishes an obligation to search for missing persons.

(7) It reinforces the provision concerning relief supplies for the

civilian population.

(8) It affords protection for the activities of civil defenseorganisations.

(9) It specifies measures to be taken by States to facilitate the

implementation of humanitarian law.

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* Relates to the protection of Victims of Non-InternationalArmed Conflict. Applies only to Internal Armed Conflicts of

a certain intensity in which dissident armed forces, under

responsible command, exercise control over a part of the

national territory.

* Protocol 2 stipulates that the wounded must be protected

and cared for, and that medical personnel and transports must

be protected and respected.

* The Red Cross and Red Crescent emblem must likewise be

respected, and its use must be restricted to those persons duly

authorised to display it.

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Most conflicts since WW II have been non-international. Theonly provision in the 1949 GCs applicable in this type of conflict

is ARTICLE 3 common to all 4 Conventions which, although

very detailed, is insufficient to resolve the serious humanitarian

problems caused by internal conflicts.

The humane principles already introduced by common Article 3

into non-international conflicts are reinforced by Protocol 2. In

so doing, it in no way restricts the right of States or the means

available to them to maintain or restore law and order on theirnational territory.

Compliance with the provisions of Protocol 2 therefore does not

imply recognition of any status for dissident armed forces.

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* Applies only to internal armed conflicts of a certain intensity in

which dissident armed forces, under responsible command,

exercise control over a part of the national territory.

* Sets forth the fundamental guarantees to which all persons not or

no longer taking part in hostilities are entitled.

* Establishes the rights of persons whose liberty has been restricted,and thejudicial guaranties of a fair trial.

* Accords protection to the civilian population and to civilian

objects.

* Prohibits intentional starvation and forced displacement.* Stipulates that wounded must be protected and cared for, and that

medical personnel and their transports must be protected and

respected.

* The Red Cross and Red Crescent emblems must likewise be

respected, and its use must be restricted to those authorised.

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PROTECTION OF

VICTIMS

GENEVA

LAW

GENEVA

CONVENTIONS

I. Sick, Wounded(Land)

II. Sick, Wounded,

Shipwrecked

III. Prisoners of War

IV. Civilians

MEANS ANDMETHODS OF

COMBAT

HAGUE

LAW

HAGUE

CONVENTIONS &

TREATIES

General and Land Sea and Air

Weapons

Neutrality

Cultural Objects

ADDITIONALPROTECTION OF

VICTIMS

ADDITIONAL

PROTOCOLS

ADDITIONAL

PROTOCOLS TO

THE GENEVA

CONVENTIONS

Protocol I -

International Armed

Conflict.

Protocol II - InternalArmed Conflict.

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Applicable during and after

the fight.

Applicable during the fight

only.

It protects and assists the

victims of armed conflicts.

It fixes rights and duties of

belligerents in the conduct of

hostilities.

For unarmed people.

(Non-Combatants)

For armed people.

(Combatants)

How is it applied.

Protocols Additional to the GCs.

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GC I-IV (1949):* Conv (I) for the Amelioration of the condition of the Wounded and

Sick members of Armed Forces in the Field. Geneva, 12 Aug 1949.

* Conv (II) for the Amelioration of the condition of Wounded, Sick and

Shipwrecked members of the Armed Forces at Sea. Geneva, 12 Aug 1949.

* Conv (III) relative to the Treatment of Prisoners of War. Geneva, 12

Aug 1949.

* Conv (IV) relative to the Protection of Civilian Persons in time of

War. Geneva, 12 Aug 1949.AP I (1977):Protocol Additional to the Geneva Conventions of 12 Aug 1949, and

relating to the Protection of Victims of International Armed Conflicts.

Geneva, 8 Jun 1977.

AP II (1977):Protocol Additional to the Geneva Conventions of 12 Aug 1949, and

relating to the Protection of Victims of Non-International Armed Conflicts.Geneva, 8 Jun 1977.

Hague Conv (1954):Convention for the Protection of Cultural Property in the event of

Armed Conflict. The Hague, 14 May 1954.

Hague Prot (1999):Second Protocol to the Hague Convention of 1954 for the Protection

of Cultural Property in the event of Armed Conflict. The Hague, 26 Mar 1999.

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CCW (1980):Convention on Prohibitions or Restrictions on the use of Certain

Conventional Weapons (CCW) which may be deemed to be

Excessively Injurious or to have Indiscriminate Effects. Geneva, 10

Oct 1980.

CCW Prot IIa (1997):Protocol on Prohibitions or Restrictions on the use ofMines, Booby-traps and Other Devices as amended on 3 May 1996

(Protocol II to the 1980 Convention as amended on 3 May 1996).

CCW Prot IV (1996):Protocol on Blinding Laser Weapons (Protocol IV to the

1980 Convention). 13 Oct 1995.

Ottawa Treaty (1997):Convention on the Use, Stockpiling, Production and

Transfer of Anti-Personnel Mines and on their Destruction. Oslo, 18

Sept 1997.

ICC (1998):Rome Statute of the International Criminal Court, 17 Jul 1998.

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1. In time of war respect must be shown for the

individual and his dignity.

2. Means and methods of warfare are limited.

3. Proportionality.

4. Discrimination:

* Legitimate/Non-Legitimate Targets

* Civilians - Combatants

* Active Combatants - Hors de Combat.

5. Unnecessary Suffering.

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The following are forbidden:

Violence to health, physical or mental well being of person, in

particular murder, torture, mutilation or corporal punishment,

medical or biological experiments.

* Collective punishments* Taking of Hostages

* Use of reprisals

* Acts of Terrorism

* Rape, enforced prostitution or indecent assault* Slavery

* Pillage

* Denial of a fair Trial

* Threats to commit any of the above

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IN TIME OF WAR RESPECT MUST BE

SHOWN FOR THE INDIVIDUAL AND HIS

DIGNITY

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THE RIGHT OF ANY PARTY TO AN ARMED

CONFLICT TO CHOOSE MEANS AND METHODSOF WARFARE IS LIMITED

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PROPORTIONALITYTHERE SHOULD BE REASONABLE RELATIONSHIP

BETWEEN THE GAINS OF A MILITARY OPERATION

AND ITS COSTS IN TERMS OF DEATH, DESTRUCTION

AND HUMAN SUFFERING.

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DISCRIMINATION

A DISTINCTION SHOULD BE MAINTAINED AT ALLTIMES BETWEEN LEGITIMATE AND ILL-

LEGITIMATE TARGETS OF ATTACK.

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UNNECESSARY SUFFERINGSINCE THE ONLY LEGITIMATE OBJECT OF ARMIES IN WARTIME IS TO

WEAKEN THEIR ENEMY`S MILITARY FORCES BY DISABLING THEGREATEST NUMBER OF MEN, WEAPONS SHOULD NOT BE USED WHICH

USELESSLY AGGRAVATE THE SUFFERINGS OF DISABLED MEN, OR

RENDER THEIR DEATH INEVITABLE.

Humanitarian Law and Law Enforcement

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Humanitarian Law and Law Enforcement

Humanitarian Law is legally applicable in situations of armed

conflict. However the principle of humanitarian law related to the

care for and the protection of victims of armed conflict situations-

also holds a relevance to situations other than armed conflict which

can best be characterised as disturbances and tensions.

Situations of conflict do not erupt spontaneously. They are a productof a deterioration of the state of law and order in a country, for

which law enforcement organisations carry a primary responsibility.

The practical involvement of law enforcement officials in situations

of violent demonstrations, disturbances and tensions that may

culminate towards civil war, requires them to be aware of and

capable to implement the principles of humanitarian law and human

rights. Therefore, for their correct task performance a certain level

of knowledge of humanitarian law is indispensable for law

enforcement officials.

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As the International community has grown so

has the number of States around the world

who have contributed to the development ofinternational humanitarian law. Today it may

be regarded as a truly universal system of law.

Many rules of international law arenow accepted as customary law, ie.,

as general rules which apply to all

States.

Wh th ICRC d th N ti l S i ti t i i

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Why are the ICRC and the National Societies striving

to spread the knowledge of INTERNATIONAL

HUMANITARIAN LAW embodied in the Geneva

Conventions ?

* FOR THE RULES OF WAR TO BE RESPECTED THEY

MUST BE KNOWN.

* FOR THE ACTIVITIES OF THE RCRC MOVEMENT TOBE SUPPORTED THEY MUST BE UNDERSTOOD.

* FOR THE INNOCENT AND THE VULNERABLE TO BEPROTECTED AND ASSISTED, HUMANITARIAN

OPERATIONS MUST BE CARRIED OUT IN COMPLETE

SECURITY AND WITHOUT HINDERANCE.