International Humanitarian Law Flashcards
Internatiional Humanitarian Law is also called?
LAWS OF WAR & LAW OF ARMED CONFLICT
What is the core of the IHL?
THE 1949 GENEVA CONVENTIONS (RED CROSS CONVENTIONS)
How many and what are the conventions of the IHL?
There are 4 conventions
- Convention I (Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field);
- Convention II (Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea)
- Convention III (Treatment of Prisoners of War);
- Convention IV (Protection of Civilian Persons in Time of War).
How many and what are the additional protocols of the IHL?
There are 3 additional protocols
- Protocol I (Relating to the Protection of Victims of International Armed Conflict);
- Protocol II (Relating to the Protection of Victims of Non- International Armed Conflict); and
- Protocol III (Relating to the Adoption of an Additional Distinctive Emblem. E.g. red cross).
What is the purpose
of the IHL?
- regulate the conduct of armed conflict and limit its effects
- protect people who are not taking part in hostilities and those who are no longer participating in hostilities
What types of war are covered in the IHL?
International Armed conflict
Non-international Armed conflict
What is an international armed conflict?
- State vs State
- Wars of National Liberation (colony want to practice of self-determination)
What is an non-international armed conflict?
State vs Non-State organized groups (ex. rebels)
What are the basic principles of Humanitarian Law?
Principle of Distinction
Principle of Military Necessity
Principle of Humanity (Martens Clause)
Principle of proportionality
What is the Principle of Distinction?
All commanders must draw a strict line between combatants (members of armed forces) and everyone else. The use of force is allowed only against combatants.
What is the Principle of Military Necessity?
Permits measures which are actually necessary to accomplish a legitimate military purpose and are not otherwise prohibited by international humanitarian law.
What is the Principle of Humanity (Martens Clause)?
Aims to offer some protection to individuals caught up in armed conflict even when there is no specific applicable rule of international humanitarian law.
What is a person of “Hors de combat?”
(a) he is in the power of an adverse Party;
(b) he clearly expresses an intention to surrender; or
(c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;
What is the Principle of Proportionality?
The legality of an action shall be determined DEPENDING on the respect of the balance between the objective and the means and methods used as well as the consequences of the action.
Aim to strike a balance between military necessity and the requirements of humanity.
Parties to the conflict are prohibited to employ methods that cause superfluous injury or unnecessary suffering.
What is the special protection of POWS?
Cannot be prosecuted for taking a direct part in hostilities, Must be released and repatriated without delay AFTER the end of hostilities, Must be treated humanely in all circumstances.
