International Humanitarian Law Flashcards
What are the cardinal principles?
distinction, unnecessary suffering, humanity, military necessity, chivalry
why is there a different body of rules between IHL and IHRL?
continuity and stability or IHRL, higher standards of protection, enforcement mechanisms
Explain the relationship between IHRL and IHL
right exclusively involved in matters of the both and art 32(3) of the Vienna Convention on the Law of the Treaties, Lex Specialis and the use of precedents and case law
Explain Lex specialis
two laws apply to the same situation and then, the special or specific law overrides the general law. most ancient and basic principles of law
what are the difficulties in applying IHL and give an example?
- asymmetrical obligations
- differential obligations
- sphere of applicability
eg. Georgia V. Russia (2) in 2021, claims against unlaw lethal force.
what did Meron say about int. humanitarian law?
The challenge is to achieve the “humanization of International Humanitarian Law”
How many years does the IHRL have?
less than 100 years
what is the critique on Humanitarian Law from the IHR?
lots of ways to deal with issues
who is older between the IHL and IHRL?
IHL
Where can the founding of the IHL be traced to?
Founding of the International Red Cross in 1863
What is the common basis between the IHRL and IHL?
The dignity of the human person
Where does the IHL belie according to Quentin-Baxter?
“when the gust of off the law becomes silent. It is, simply put, the last lifeline, when nothing else stands between mankind and a relapse into savagery”
Where was the IHL developed?
Outside the UN, under the guardianship of the ICRC
What is the IHL concerned with?
The regulation of armed conflicts
Is the IHL a complement of the IHRL?
Yes
