9- Humanitarian Law Flashcards
define humanitarian law
body of IL that aims to protect people affected by armed conflicts.
compare hague, and geneva law
*Hague Law *- Focuses on regulating the conduct of war itself.
Geneva Law - Focuses on regulating the protection and treatment of those NOT taking part in the fighting.
how do hague and geneva law relate to one another
The Hague and Geneva Laws were two separate traditions that eventually merged after WW2.
“Coup de grace”
wounded enemy soldier is killed to end their suffering.
Illegla nowadays, used to be legal
- The development of these rules are a product of both changing ideas about morality, but also technological changes. -> Now we can treat the wounded better.
geneva conventions
Currently consists of four conventions concluded between 1864 and 1949 + three additional protocols
Every country is party to some of it, but not every country is party to all of it.
hague conventions
Three conventions and three declarations were signed at the first International Peace Conference in The Hague in 1899.
Not all of them were related to IHL; some were about disarmament, arbitration, and other issues.
two treaties that supplement the rules of war in hague and geneva
1) The Chemical Weapons Convention
2) the Ottawa Convention (landmines)
Functions of the Red Cross
1) keeps track of combatants, ensures prisoners of war are being treated fairly
2) protecting the red cross symbol which is the symbol of humanitarian relief
3) criticizing whitewashing or covering up atrocities
criticisms of the red cross (2)
1) during ww2, it was criticized for not doing enough to protect civilians and for not publicly condemning concentration camps
2) in recent conflicts, it has been criticized for being too close to governments, and not being critical enough
Common article 3 of geneva conventions
people who aren’t fighting in the war (civilians, former soldiers) must be treated humanly.
common article 2 of geneva conventions
the rules of war apply to any war btw countries even if the war isn’t officially declared.
the rules of war also apply to national liberation
if a beligerent state isn’t a signatory, the convention doesn’t apply to that state
true or false-> if a beligerent state isn’t a signatory, the convention doesn’t apply to that state
true
wounded and sick military personnel
Should be protected under all all circumstances without discrimination
Medical establishments can’t be attacked.
3rd geneva protocol discusses
prisoners of war
conditions to be considered a prisoner of war
being a part of the official military command
being captured by an enemy force
what happens if a prisoner of war is “illegal”
they’re not entitled to full protections of the geneva conventions
you may not have the right to go to trial to be released
what’s “Civilians who are protected persons (4th Geneva Protocol)”
civilians who are in the hands of the occupying power..
Doesn’t apply to third party nationals whose country is not at war with the other party
principle of distinction
parties have to distinguish civilians and combatants, and between civilians and military objectives.
indiscriminate attacks
attacks especially aimed at civilians
are indiscriminate attacks prohibited?
yes, indiscriminate attacks are prohibited.
however, the killing of civilians itself is NOT illegal if they’re a side effect of an attack on a military target.
under what can indiscriminate attacks be justified ?
when the attack is aimed at a military target, but civilians die as a side effect.
also known as collateral damage
principle of proportionality
Harm caused to civilians must not be excessive in relation to the military advantage anticipated.
prinicple of military necessity
belligerents have the right to take measuers that are needed to defeat the enemy
subject to constraints like proportionality
unnecessary suffering
The use of methods of warfare that cause unnecessary suffering is forbidden. E.g expanding bullets, anti-personnel mines, or toxic gasses.
legal status of nuclear weapons
Nuclear weapons have an ambiguous status but the ICJ technically says they can’t be used lawfully.
does IHL prohibit warfare?
NO, IHL merely prohibits certain forms of killing and highlights circumstances in which killing isn’t allowed.
Conduct of hostilities (4)
1) Principle of Distinction
2) Indiscriminate Attacks
3) Principle of Proportionality
4) Unnecessary Suffering
shortcomings of geneva conventions nowadays
the development of high-tech weapons has led to a shift from direct, physical violence against combatants to indirect, infrastructural violence (water systems, power grids, comm. networks)
the Geneva Convention is ill-equipped to deal with the realities of modern warfare.
is geneva law applicable to everyone?
While not all countries are party to all the provisions of the Geneva Conventions, many of the conventions’ rules and principles have become customary international law.
does geneva convention apply to non signatories
if a belligerent state is not a signatory to the Conventions or does not agree to abide by them, then the Conventions do not apply to that state.
does the geneva convention apply to national liberation wars
YES
does the geneva convention apply to wars that haven’t been officially declared?
YES
