International Humanitarian Law

Question 1

Explain what jus ad bellum is

Answer 1

-law regulating transition from peace to conflict
(use of force + selfdefence)

Question 2

Explain what jus in bellum is

Answer 2

-Law during conflict

Question 3

Where is international armed conflict defined

Answer 3

-Common article 2 GCS
-Tadic

Question 4

Where is non-international Armed Conflict defined

Answer 4

-Common article 3 GCs

Question 5

What did Tadic conclude about International Armed Conflict

Answer 5

-AC
1. armed force between contracting parties

Question 6

TRUE or FALSE: IHL also applies to occupation

Answer 6

TRUE: Art. 2 GCs

Question 7

TRUE or FALSE: IAC applies to armed conflict in which people are fighting aginst colonial domination, alien occupation and against racist regimes

Answer 7

-TRUE
-Art. 1(4) Protocol 1

Question 8

What are the requirements for a NIAC to occur with other organised armed groups (non governmental)

Answer 8

-under resp. command
-control over a part of its territoriy
-as 2 enable them 2 carry out (TEMPORAL) sustained + concerted Mil. operations
-and 2 implement this protocol

Question 9

What did Tadic confirm about NIAC?

Answer 9

-Protacted (extensive) armed violence–> gov. au. vs. org. armed group or between such forces within a state
-impt. formulation of IAC vs. NIAC

Question 10

Who is considered a combatant under IHL?

Answer 10

-Armed forces Art. 43(1) API
-Other Militias & Volunteer Groups (Art.4 GC3)
-Levee en Masse
- Art. 4A (6) GC III

Question 11

What are the rights of armed forces?

Answer 11

-Allowed to directly take part in hostilities
- Art. 43(2) API
-Immunities

Question 12

Explain the criteria of other militias and members of other volunteer corps being considered combatants

Answer 12

Art.4 (2) GC3
-repsonsible command
-distinctive sign
-open hving arms
-adhere IHL
-CUMULATIVE CRITERIA as a group

Question 13

TRUE or FALSE: Mercenaries are considered POW upon capture

Answer 13

-FALSE
-47 AP I

Question 14

TRUE or FALSE: a spy cannot be a POW

Answer 14

-Yes and no
-If caught when spying –> no POW status 46(1) AP1
-doing a little side hustle, but caught in uniform, POW–> 46(2) AP I
-If resident of occupied terrritory (by enemy), only considered spy when caught doing it clandestinely,then c annot be POW –>Art. 46(3)
-If non-resident, only not POW, when captured BEFORE rejoining armed forces (Art. 46(4)

Question 15

What are the conditions for a citizen DPIH?

Answer 15

1. Threshold of Harm
   -likely 2 neg. affect military
2. Direct Causal link
   3.Belligerent nexus
   -A. act GEARED 2wards creating req. thresh OF harM
   -B. 2 damage one party and help the other

Question 16

ARE citizens DPIH combatants?

Answer 16

-Nope

Question 17

What are the limitations of DPIH

Answer 17

-Once you stop DPIH civillian again
-however, if it is continued over a period of time, and there are dry spells
-still lose civil. status for that time

Question 18

How is disengagement from DPIH shown?

Answer 18

• Not necessarily openly declared
  -demo through acts

Question 19

Explain the Principle of Military Necessity

Answer 19

• can apply any amount + kind o. force
  2 cause subordination
  -With least possible expend. of time, life and money
  -only when believe military advantage over someone–> potential to weaken enemy
  -Hostages Cases

Question 20

Explain the Principle of humanity

Answer 20

-No unnecessary suffering

Question 21

List the basic principles of IHL

Answer 21

-Principle of military necessity
-Principle of humanity

Question 22

Where is the principle of distinction codified?

Answer 22

-Art 44(3) Protocol I

Question 23

Explain the principle of distinction

Answer 23

Military target v. Civilian target
Military combatant v. Civilian

Question 24

Explain what attacks are prohibited under IHL ?

Answer 24

-Prohibition of indiscriminate attacks
-Art. 51(4) Protocol 1
-Weapons which cause unnecessary suffering
-Art. 25(2)

Question 25

What are the precautions which should be taken when it comes to military attacks

Answer 25

• minimise, incidental loss of civilian life
  -injry to civilians
  + damage to civilian objectrs

Question 26

List example of banned weapons

Answer 26

-Orkan 87 Specs

Question 26

What did the Advisory Opinion on the Use or Threat of Use of Nuclear Weapons state about IHL?

Answer 26

-never use weapons that cannot distinguish between civil. + military targ.