International Humanitarian Law Flashcards
Role of international humanitarian law
To help regulate conflict in the international system
Legal frameworks for intl humanitarian law
Protocol 1: protection of victims in intl armed conflict
Protocol 2: protection of victims in non international armed conflict
Jus ad bellum
The right to use force in situations where there is a threat to the peace or an act of aggression
Jus in bello
the rules for using force
When does international humanitarian law apply?
In cases of armed conflict
Armed conflict
A difference between two or more states leads to the intervention of armed forces
OR: resort to armed force between governmental authorities and organized armed groups
Armed attacks
Determined by judging the scale and affect of violence in an armed conflict; usually lesser than that of an armed conflict
International armed conflict
Occurs between states
Non-international armed conflict
Resorting to protracted armed violence between governmental authorities and organized armed groups
How do we determine what is an organized armed group?
Degree of organization
Nature of goals
Ability to sustain prolonged violence
Ability to control territory
Difference between human rights law and humanitarian law
The type of conflict it applies to; armed vs unarmed
Human rights: protecting civilians
Humanitarian: governing conflict
Common article 2
Geneva convention applies to all cases of declared war or of any other armed conflict between 2 or more states
Common Article 3
Certain acts (hostage taking, violence) are forbidden against people taking no active part in the hostilities
Wounded and sick should be collected and cared for
Valid Military Objective
Objects which make an effective contribution to military action and whose destruction/neutralization offers a military advantage
Lawful Combatants
Those who may lawfully kill and be killed. They are always:
Commanded by someone responsible for subordinates
Carry arms openly (may even wear a badge)
Abiding by the laws/customs of war
