International Humanitarian Law

International Humanitarian Law (IHL), also known as the law of armed conflict or the law of war, is a branch of international law that governs the conduct of armed conflict and seeks to protect those who are not or no longer taking part in hostilities, such as civilians and combatants who are hors de combat.

Purpose: The primary purpose of IHL is to limit the effects of armed conflict and protect individuals who are affected by it. It seeks to balance military necessity with the principles of humanity, minimising human suffering and preserving human dignity during times of armed conflict.

Applicability: IHL applies to both international armed conflicts (between states) and non-international armed conflicts (within the territory of a state). It governs the behaviour of parties to the conflict, including states, armed groups, and individuals involved in hostilities.

Fundamental principles: IHL is guided by several fundamental principles, including distinction, proportionality, and military necessity. The principle of distinction requires parties to distinguish between combatants and civilians, and between military objectives and civilian objects. The principle of proportionality prohibits attacks that may cause excessive harm to civilians compared to the anticipated military advantage. The principle of military necessity permits only those acts that are necessary for achieving a legitimate military objective.

Protection of civilians: One of the core principles of IHL is the protection of civilians. It prohibits targeting civilians or causing them harm disproportionate to the military advantage gained. It also establishes rules on the conduct of hostilities to minimise civilian casualties, such as the prohibition of indiscriminate attacks and the requirement to take precautions in the planning and execution of military operations.

Treatment of prisoners of war: IHL provides specific protections for captured combatants who are considered prisoners of war. It sets out rules regarding their humane treatment, fair trial, and release at the end of hostilities. These protections are outlined in the Geneva Conventions and their Additional Protocols.

Prohibition of torture and other inhumane treatment: IHL strictly prohibits torture, cruel treatment, and other forms of inhumane treatment. It also prohibits acts of sexual violence, enforced disappearances, and the use of certain weapons that cause unnecessary harm or have indiscriminate effects.

Red Cross/Red Crescent Movement: The International Committee of the Red Cross (ICRC) and the International Federation of Red Cross and Red Crescent Societies (IFRC) play a crucial role in promoting and implementing IHL. They provide humanitarian assistance, facilitate the dissemination of IHL, and monitor compliance with its rules.

Enforcement and accountability: States have the primary responsibility to enforce IHL within their jurisdictions. The International Criminal Court (ICC) and ad hoc international criminal tribunals, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), prosecute individuals for war crimes and other serious violations of IHL.

International Humanitarian Law serves as a critical framework for protecting human rights during armed conflict, ensuring that even in times of war, certain rules and principles must be upheld to minimise human suffering and preserve the dignity of individuals affected by conflict.