International Humanitarian Law

Question 1

Learning Objectives

Answer 1

• Understand what is meant by “International Humanitarian Law”
• Trace the history of the development of IHL and the Geneva Conventions
• Understand the role of the Red Cross in IHL
• Understand the concept of a “war crime”

Question 2

What is International Humanitarian Law? (IHL)

Answer 2

• Major part of public international law
• Rules which, at times of armed conflict:
• Protect people who are no longer taking part in hostilities
• Restrict the methods & means of warfare employed
• “Law of Geneva”: Safeguards civilians & military personnel no longer involved I the conflict (PoWs & injured)
• “Law of the Hague”: Rights & obligations of beligerents and restricts means of harming the enemy

Question 3

What are the Geneva conventions?

Answer 3

• 2 main conventions
• 1864: Geneva Convention for the amelioration of wounded soldiers
• 1868: Declaring of St Petersburg (prohibiting use of certain projectiles)
• Reviewed in 1906 and 1907

Question 4

What happened with the conventions after world war 1?

Answer 4

• 1925: Prohibition of asphyxiating, poisonous gases & bacteriological methods of warfare
• 1929: Review & development of 1906 convention, Geneva convention relating to Prisoners of War

Question 5

What happened with the Geneva conventions after World War 2?

Answer 5

• In 1949, Four Geneva Conventions formed:
• I: Treatment of wounded & sick armed forces in the field
• II: Wounded, sick & shipwrecked armed forces at sea
• III: Treatment of Prisoners of War
• IV: Protection of civilians in War

Question 6

What was the further developments of the Geneva Conventions after the world wars?

Answer 6

• In 1954: Convention on cultural property
• In 1972: Prohibition of production & stockpiling biological & toxic weapons
• In 1977: Additional protocols to the 1949 conventions protecting victims of international (Protocol I) and non-international (II) armed conflict

Question 7

What was the further developments of the Geneva Conventions in the 1980’s?

Answer 7

• Convention on prohibition or restrictions on certain weaponry:
• Non-detectable fragments
• Mines & booby traps
• Incendiary weapons

Question 8

What was the further developments of the Geneva Conventions in the 1990’s?

Answer 8

• 1993: Chemical weapons
• 1995: Blinding laser weapons
• 1996: Revised protocol on mines
• 1997: Prohibition of anti-personnel landmines

Question 9

What are the developments since the 2000’s?

Answer 9

• 1998: Rome statute of the International Criminal Court (ICC)
• 1999: Protocol to 1954 (cultural property)
• 2000: Rights of the Child
• 2001: Amendment to Article I of CCW (non-international armed conflict)

Question 10

What is the role of the Red Cross?

Answer 10

• Use or the Red Cross emblem is specified in IHL
• Armed forces’ medical services
• ICRC/IFRC
• Civilian hospitals
• Other agencies with authorisation
• Penalties for misuse

Question 11

What is the concept of a war crime?

Answer 11

• Serious violations of IHL committed during international and non-international conflicts
• Wilful killing of a protected person
• Torture or inhuman treatment
• Wilful injury or suffering
• Deliberate attacks on civilians
• Use of prohibited weapons
• Misuse of emblem
• Pillage of private property