9- Humanitarian Law

Question 1

define humanitarian law

Answer 1

body of IL that aims to protect people affected by armed conflicts.

Question 2

compare hague, and geneva law

Answer 2

*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.

Question 3

how do hague and geneva law relate to one another

Answer 3

The Hague and Geneva Laws were two separate traditions that eventually merged after WW2.

Question 4

“Coup de grace”

Answer 4

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.

Question 5

geneva conventions

Answer 5

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.

Question 6

hague conventions

Answer 6

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.

Question 7

two treaties that supplement the rules of war in hague and geneva

Answer 7

1) The Chemical Weapons Convention
2) the Ottawa Convention (landmines)

Question 8

Functions of the Red Cross

Answer 8

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

Question 9

criticisms of the red cross (2)

Answer 9

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

Question 10

Common article 3 of geneva conventions

Answer 10

people who aren’t fighting in the war (civilians, former soldiers) must be treated humanly.

Question 11

common article 2 of geneva conventions

Answer 11

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

Question 12

true or false-> if a beligerent state isn’t a signatory, the convention doesn’t apply to that state

Answer 12

true

Question 13

wounded and sick military personnel

Answer 13

Should be protected under all all circumstances without discrimination
Medical establishments can’t be attacked.

Question 14

3rd geneva protocol discusses

Answer 14

prisoners of war

Question 15

conditions to be considered a prisoner of war

Answer 15

being a part of the official military command
being captured by an enemy force

Question 16

what happens if a prisoner of war is “illegal”

Answer 16

they’re not entitled to full protections of the geneva conventions
you may not have the right to go to trial to be released

Question 17

what’s “Civilians who are protected persons (4th Geneva Protocol)”

Answer 17

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

Question 18

principle of distinction

Answer 18

parties have to distinguish civilians and combatants, and between civilians and military objectives.

Question 19

indiscriminate attacks

Answer 19

attacks especially aimed at civilians

Question 20

are indiscriminate attacks prohibited?

Answer 20

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.

Question 21

under what can indiscriminate attacks be justified ?

Answer 21

when the attack is aimed at a military target, but civilians die as a side effect.
also known as collateral damage

Question 22

principle of proportionality

Answer 22

Harm caused to civilians must not be excessive in relation to the military advantage anticipated.

Question 23

prinicple of military necessity

Answer 23

belligerents have the right to take measuers that are needed to defeat the enemy
subject to constraints like proportionality

Question 24

unnecessary suffering

Answer 24

The use of methods of warfare that cause unnecessary suffering is forbidden. E.g expanding bullets, anti-personnel mines, or toxic gasses.

Question 25

legal status of nuclear weapons

Answer 25

Nuclear weapons have an ambiguous status but the ICJ technically says they can’t be used lawfully.

Question 26

does IHL prohibit warfare?

Answer 26

NO, IHL merely prohibits certain forms of killing and highlights circumstances in which killing isn’t allowed.

Question 27

Conduct of hostilities (4)

Answer 27

1) Principle of Distinction
2) Indiscriminate Attacks
3) Principle of Proportionality
4) Unnecessary Suffering

Question 28

shortcomings of geneva conventions nowadays

Answer 28

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.

Question 29

is geneva law applicable to everyone?

Answer 29

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.

Question 30

does geneva convention apply to non signatories

Answer 30

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.

Question 31

does the geneva convention apply to national liberation wars

Answer 31

YES

Question 32

does the geneva convention apply to wars that haven’t been officially declared?

Answer 32

YES