Cardinal Principles and main definitions Flashcards
What are the main sources of IHL?
- 4 Geneva Conventions from 1949
- 2 Additional Protocols from 1977
- Customary International Law
What does Geneva Convention I regulate?
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
What does Geneva Convention II regulate?
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
What does Geneva Convention III regulate?
Convention (III) relative to the Treatment of Prisoners of War
What does Geneva Convention IV regulate?
Convention (IV) relative to the Protection of Civilian Persons in Time of War
From when are the 4 Geneva Conventions?
1949
From when are the Additional Protocols?
1977
What does Protocol I regulate?
Protection of victims of international armed conflicts
What does Protocol II regulate?
Protection of victims of non-international armed conflicts
Why are there less rules on non-international armed conflicts?
Own conflicts -> sovereignty, these are domestic affairs
Why is customary law important?
Serves as a fall back option, binding for states that didnt sign additional protocols
Which states didnt sign the additional protocols?
US, Israel, India, China
What are the two cardinal principles of IHL?
- Principle of distinction & avoidance of unnecessary suffering
What does the principle of distinction mean?
States must never make civilians the object of attack, not use weapons that are incapable of distinguishing between civilian and military targets
Who/what can you target?
Soldiers, fighters and military objects
What does the principle of avoidance of unnecessary suffering mean?
It is prohibited to cause unnecessary suffering to combatants. Choice of weapons is not unlimited
When can you kill a soldier in an armed conflict?
at any time also when he/she is asleep or not wearing a uniform
Why are certain weapons prohibited?
Because of their indiscriminate effect on combatants and civilians or because of the unnecessary suffering
Who is bound by these rules?
All because they constitute intransgressible (absolute) principles of international customary law
what does ius cogens mean?
Must be obeyed, non-derogable, superior to any other rule of law
Name other examples of ius cogens status
- prohibition of genocide, torture, slavery, crimes against humanity, right to life
Where is the principle of distinction contained?
Protocol I -> only applicable in international armed conflicts
Why cant you target civilians in a national conflict?
Arbitrary deprivation of life is always prohibited (customary international law)
Why are nuclear weapons not lawful?
Cannot distinguish between civilian and military targets
What are other examples for prohibited weapons?
- scud missiles
- katyusha rockets
- chemical weapons
- (certain) cluster munitions
- certain booby traps
- incendiary weapons
- (certain) landmines
Are indiscriminate attacks allowed?
No, cannot distinguish
What are indiscriminate attacks?
- 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
Why is the prohibition of indiscriminate attacks a twofold obligation?
- fundamentally indiscriminate means and methods of warfare are banned
- lawful means must not be employed in indiscriminate ways
Who are combatants?
All members of the armed forces, except medical and religous personnel
Who are civilians?
Persons who are not members of the armed forces
What do you do in case of doubt about the status of a person?
Presume it is a civilian
In which case are civilians not protected against an attack?
When they take part in the hostilities
Who are members of the armed forces?
all organized armed forces, groups and units that are under command
When are paramilitaries, the police incorporated into armed forces?
- if they take part in the hostilities and if they fulfil criteria of armed forces
- notification requirement
Why is wearing a uniform or signia that important?
Combatants need to be distinguishable from civilians in order to have POW status
What are military objectives?
Those objects which by their nature, location, purpose or use make an effective contribution to military action
What does the principle of proportionality refer to?
you might target civilians if miltary advantage is high enough
What means the nature of a military object? (+ example)
Inherent and intrinsic qualities e.g. warships, army barracks, trained animals,…
What means the location of military object?
Military importance of physical locale of specific object (airfield, ridge)
what does the purpose of military object mean?
intended future/possible use
when can immune objects lose their immunity?
If used for military purpose
What is a dual use object? and when can it be targeted?
Both used for military and civilian purposes (make a proportionality assessment)
