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International Humanitarian Law

What Is International Humanitarian Law?

International humanitarian law (IHL) is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict.

It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. IHL is also known as the law of war or the law of armed conflict.

It is part of international law, derived from treaties and customary international law, including the Geneva Conventions and their Additional Protocols.

International Humanitarian Law Explained

International humanitarian law operates on two principal fronts: protecting those who do not participate in hostilities, such as civilians, medical personnel, and prisoners of war, and regulating the means of warfare, including weapons and tactics, to avoid unnecessary suffering.

Its primary aim is to maintain some humanity in armed conflicts, balancing humanitarian concerns with military necessities.

Key principles of IHL include:

Distinction: Parties to a conflict must distinguish between combatants and civilians, directing their operations only against combatants and military objectives.

Proportionality: Attacks should not cause incidental loss of civilian life or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated.

Necessity: Parties are permitted to use force only to the extent necessary to achieve a legitimate military objective.

Humanity: It is prohibited to use means and methods of warfare that would cause unnecessary suffering or superfluous injury.

IHL's applicability is triggered by the onset of an armed conflict, regardless of whether the conflict is recognized by the involved parties, and continues until the conflict has officially ended.

The Term International Humanitarian Law in Different Legal Contexts

Criminal Law: Individuals, including military leaders and heads of state, can be held criminally responsible for violations of IHL, which are considered war crimes. This accountability is enforced through national courts, international tribunals, and the International Criminal Court.

Human Rights Law: Although distinct from human rights law, IHL overlaps with it in certain areas, especially concerning the protection of civilians and individual rights during armed conflicts.

Military Law: National military laws incorporate IHL principles, guiding the conduct of armed forces during conflicts.

Common Misconceptions About the Meaning of International Humanitarian Law

It Applies Only in International Conflicts: A common misconception is that IHL applies only to international armed conflicts between states. However, it also applies to non-international armed conflicts, including civil wars, though the rules may vary.

It Prohibits All Violence: While IHL seeks to limit the effects of armed conflict, it recognizes that parties to a conflict have the right to use lawful force. It regulates such force to ensure protection for those not participating in hostilities and to limit unnecessary suffering.

Equivalence with Human Rights Law: Although both IHL and human rights law aim to protect individuals, they operate in different contexts. Human rights law applies at all times, while IHL specifically applies during armed conflicts. Despite their differences, both bodies of law complement each other in ensuring the protection of human life and dignity.

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What Is International Humanitarian Law?

International Humanitarian Law Explained

The Term International Humanitarian Law in Different Legal Contexts

Common Misconceptions About the Meaning of International Humanitarian Law

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