CRI 166 M5
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1. Law of Armed International Humanitarian Law (IHL) is also known as the
Conflict (1) and "the law of war".
2. International hu- is a set of rules that seek, for humanitarian reasons, to
manitarian law limit the effects of armed conflict. It is specifically intended
to solve humanitarian problems directly arising from inter-
national or non-international armed conflicts, It protects
persons and property that are, or may, be affected
3. Hague Law This restricts the means and methods of warfare and
includes the limitations of weapons to be used during
armed conflict. This area is also referred to as the law
governing the conduct of hostility because hostilities can
be conducted only in limited ways.
4. Geneva Law This area protects the persons in armed conflict such as
the military personnel, and civilians who are not or no
longer taking part in the hostilities. This refers to the law
governing protected persons. It also states that medical
personnel, women, and children should be treated hu-
manely and stipulates a certain standard on how to treat
them.
5. . (AI)Note: Hague Law refers to the Hague Conventions of
1899 and 1907 while Geneva Law or the Law of the Pro-
tection of Certain Individuals in the I-IV 1949 Geneva Con-
ventions. A major part of international humanitarian law is
contained in the four Geneva Conventions of 1949. Nearly
every State in the world has agreed to be bound by them.
The Conventions have been developed and supplemented
by two further agreements: The Additional Protocols of
1977 relating to the protection of victims of armed conflicts
aims to combine the two areas of IHL.
6. . (AI)What other agreements prohibit the use of certain
weapons and military tactics and protect certain cate-
gories of people and goods? These agreements include
the following:
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The 1954 Convention for the Protection of Cultural Prop-
erty in the Event of Armed Conflict, plus its two protocols;
as Jeriw
The 1972 Biological Weapons Convention;
The 1980 Conventional Weapons Convention and its five
protocols;
The 1993 Chemical Weapons Convention;
The 1997 Ottawa Convention on anti-personnel mines;
and
The 2000 Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed
conflict.
7. Military necessi- The Basic Principles
ty
- a State involved in armed conflict is justified in using
such) lawful force) as is necessary to bring about the
submission of the enemy at the earliest possible moment
and with the least possible cost to itself in terms of lives
and resources. A State also has the right to defend its unity
and territorial integrity by all legitimate means
8. Humanity The Basic Principles
- not even armed conflict releases mankind from the most
basic of obligations in respect of fellow human beings. The
principle forbids the infliction of suffering or destruction not
necessary for the accomplishment of legitimate military
purposes.
9. Proportionality The Basic Principles
- a balance must be struck between military necessity and
humanity. This principle works in two related but distinct
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ways: As a consideration in the formulation of rules of IHL
(for example in drafting a treaty seeking to ban or restrict
the use of a particular weapon). As an element of how
some rules of IHL are applied (for example those rules
requiring precautions in favor of civilians when launching
attacks).
10. International is the guardian and promoter of IHL as a neutral and
Committee of the independent organization whose exclusively humanitarian
Red Cross (ICRC) mission is to protect the lives and dignity of victims of
armed conflict and other situations of violence and to
provide them with assistance.
11. . (AI) The ICRC cannot physically protect people. Instead, it
seeks to minimize the dangers to which they are exposed,
prevent and put an end to the abuses to which they are
subjected, draw attention to their rights, and make their
voices heard. In other words, the ICRC monitors respect
for IHL and reports violations to the pertinent authorities.
Protection activities include detention work (visiting pris-
ons, assessing detention conditions, etc.), protection of
the civilian population, and restoration of family links.
12. . (AI)Note: The four Geneva Conventions and their Addi-
tional Protocols give the ICRC a specific mandate to act
in the event of armed conflict. During international armed
conflicts, the ICRC has a right to visit prisoners of war and
civilian internees to make sure that their treatment and the
conditions in which they are being held are consonant with
IHL..
13. . (AI)The Purpose of IHL:
Limit as much as possible the suffering, loss, and damage
caused by armed conflict;
• Protect persons who do not take a direct part in the
conflict, in particular: the wounded, sick and shipwrecked;
persons deprived of their liberty, i.e. prisoners of war
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(POW), retained personnel, internees and detainees, civil-
ians; and
Facilitate the restoration of peace.
14. . (AI) Limitations of IHL:
Stop people fighting each other;
• Stop people suffering in war;
Does not prohibit the use of violence; and
It cannot protect all those affected by armed conflict.
15.
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