Human rights And Humanitarian Law

Question 1

Intl humanitarian law

Answer 1

Law of armed conflict or law of war. In times of armed conflict protects people who are not participating or no longer participating in hostilities. Also regulates means and methods of warfare

Question 2

Fundamental principles of IHL

Answer 2

1. Persons horst de combat - entitled to respect of their lives, physical and moral integrity
2. PHDC not be injured any further or killed
3. principle of distinction - civilian and combatants. No civilian property. Directed solely against millitary objective
4. dicretion not excessive force. Unnecessary loss.
5. Judicial remedy for person imprisoned
6. Wounded and sick - due care and medical attention
7. Redcross and ambulance corps must be allowed to function without reprisal

Question 3

Geneva Convention III

Answer 3

Pow

1. Pow status- under the command of supervisor, fixed sign, carry arm openly, conduct operations in accordance with customs of war
2. Combatants are - member of armed forces of party to intl armed conflict
3. Distinguish them from civilan
4. Duties - alive, good health, no torture, release on cessation

Question 4

Fourth geneva convention

Answer 4

Protection to civilians - obligation of occupying power vis a vis civilian population

1. Humanitarian relief
2. Specific regime for treatment of civil internees
3. 3 annexes- model agreement on hospital and safety zone, model regulation on humanitarian relief, model cards

Question 5

What is coomon article 3

Answer 5

common to all 4 geneva convention- non international armed conflict

1. Humane treatment of all
2. Prohibits murder, mutilation, huniliating
3. Wounded, sick, ship wrecked
4. Icrc rt to offer it’s services
5. Calls on parties to bring all parts of geneva convention into force through special agreements

Question 6

Problems in implementation of common art 3

Answer 6

1. Deoendece on domestic court
2. No internationally administered supervisory body
3. Guerilla warfare tactics of terrorists
4. No obligation on state to make a law for punishing violation of common article 3

Question 7

Ihl vs ihr

Answer 7

1. Special circumstances like war vs peace time
2. Covers subjects of customary il vs subjects of individual fose, religious rts etc
3. Geneva Conventions of 1949+ hague code of 1907 vs UDHR+ ICCPR etc
4. Cannot be suspended except under art 5 of fourth geneva convention vs domestic law ( 358, 359)