Introduction Flashcards
When is IHL applicable?
During all armed conflicts
Why was there a change in IHL after WWII?
Vietnam War -> different types of warfare (Guerilla warfare)
What does the term non-state armed group refer to?
Any group that has a sufficient level of organization, capability of fighting and actual involvement in armed conflict
What does hybrid threat refer to?
Mixture of traditional warfare with other means e.g. fake news, not wearing signia/uniform
Definition IHL
IHL is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare.
Where is IHL applicable? (location)
Entire territorry even if fighting is localised (principle of unity of territory)
Until when is IHL applicable?
until “peaceful settlement is achieved” -> difficult to determine
For whom is IHL binding?
On all parties, states and non-state actors irrespective of ius ad bellum
Is there negative reciprocity in IHL?
No, even if a group violates IHL its fighters are still protected
What does the Hague Law regulate?
Conduct of hostilities (dark side)
What does the Geneva Law regulate?
treatment of those hors de combat -> non-combatants, wounded soldiers, civilians (good side)