Cardinal Principles and main definitions

Question 1

What are the main sources of IHL?

Answer 1

• 4 Geneva Conventions from 1949
• 2 Additional Protocols from 1977
• Customary International Law

Question 2

What does Geneva Convention I regulate?

Answer 2

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field

Question 3

What does Geneva Convention II regulate?

Answer 3

Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

Question 4

What does Geneva Convention III regulate?

Answer 4

Convention (III) relative to the Treatment of Prisoners of War

Question 5

What does Geneva Convention IV regulate?

Answer 5

Convention (IV) relative to the Protection of Civilian Persons in Time of War

Question 6

From when are the 4 Geneva Conventions?

Answer 6

1949

Question 7

From when are the Additional Protocols?

Answer 7

1977

Question 8

What does Protocol I regulate?

Answer 8

Protection of victims of international armed conflicts

Question 9

What does Protocol II regulate?

Answer 9

Protection of victims of non-international armed conflicts

Question 10

Why are there less rules on non-international armed conflicts?

Answer 10

Own conflicts -> sovereignty, these are domestic affairs

Question 11

Why is customary law important?

Answer 11

Serves as a fall back option, binding for states that didnt sign additional protocols

Question 12

Which states didnt sign the additional protocols?

Answer 12

US, Israel, India, China

Question 13

What are the two cardinal principles of IHL?

Answer 13

• Principle of distinction & avoidance of unnecessary suffering

Question 14

What does the principle of distinction mean?

Answer 14

States must never make civilians the object of attack, not use weapons that are incapable of distinguishing between civilian and military targets

Question 15

Who/what can you target?

Answer 15

Soldiers, fighters and military objects

Question 16

What does the principle of avoidance of unnecessary suffering mean?

Answer 16

It is prohibited to cause unnecessary suffering to combatants. Choice of weapons is not unlimited

Question 17

When can you kill a soldier in an armed conflict?

Answer 17

at any time also when he/she is asleep or not wearing a uniform

Question 18

Why are certain weapons prohibited?

Answer 18

Because of their indiscriminate effect on combatants and civilians or because of the unnecessary suffering

Question 19

Who is bound by these rules?

Answer 19

All because they constitute intransgressible (absolute) principles of international customary law

Question 20

what does ius cogens mean?

Answer 20

Must be obeyed, non-derogable, superior to any other rule of law

Question 21

Name other examples of ius cogens status

Answer 21

• prohibition of genocide, torture, slavery, crimes against humanity, right to life

Question 22

Where is the principle of distinction contained?

Answer 22

Protocol I -> only applicable in international armed conflicts

Question 23

Why cant you target civilians in a national conflict?

Answer 23

Arbitrary deprivation of life is always prohibited (customary international law)

Question 24

Why are nuclear weapons not lawful?

Answer 24

Cannot distinguish between civilian and military targets

Question 25

What are other examples for prohibited weapons?

Answer 25

• scud missiles
• katyusha rockets
• chemical weapons
• (certain) cluster munitions
• certain booby traps
• incendiary weapons
• (certain) landmines

Question 26

Are indiscriminate attacks allowed?

Answer 26

No, cannot distinguish

Question 27

What are indiscriminate attacks?

Answer 27

• not directed at a specific military objective
• method or means of combat that cannot be directed at specific target
• if effects cannot be limited, not able to distinguish

Question 28

Why is the prohibition of indiscriminate attacks a twofold obligation?

Answer 28

1. fundamentally indiscriminate means and methods of warfare are banned
2. lawful means must not be employed in indiscriminate ways

Question 29

Who are combatants?

Answer 29

All members of the armed forces, except medical and religous personnel

Question 30

Who are civilians?

Answer 30

Persons who are not members of the armed forces

Question 31

What do you do in case of doubt about the status of a person?

Answer 31

Presume it is a civilian

Question 32

In which case are civilians not protected against an attack?

Answer 32

When they take part in the hostilities

Question 33

Who are members of the armed forces?

Answer 33

all organized armed forces, groups and units that are under command

Question 34

When are paramilitaries, the police incorporated into armed forces?

Answer 34

• if they take part in the hostilities and if they fulfil criteria of armed forces
• notification requirement

Question 35

Why is wearing a uniform or signia that important?

Answer 35

Combatants need to be distinguishable from civilians in order to have POW status

Question 36

What are military objectives?

Answer 36

Those objects which by their nature, location, purpose or use make an effective contribution to military action

Question 37

What does the principle of proportionality refer to?

Answer 37

you might target civilians if miltary advantage is high enough

Question 38

What means the nature of a military object? (+ example)

Answer 38

Inherent and intrinsic qualities e.g. warships, army barracks, trained animals,…

Question 39

What means the location of military object?

Answer 39

Military importance of physical locale of specific object (airfield, ridge)

Question 40

what does the purpose of military object mean?

Answer 40

intended future/possible use

Question 41

when can immune objects lose their immunity?

Answer 41

If used for military purpose

Question 42

What is a dual use object? and when can it be targeted?

Answer 42

Both used for military and civilian purposes (make a proportionality assessment)