Law and Armed Conflict Cardinal Principles Flashcards
Exam Preparation
What are the two cardinal principles of international humanitarian law?
Principle of distinction
Principle of unnecessary suffering
Do states have unlimited freedom of choice in the means of weapons they use?
No - it is prohibited to use weapons that cause unnecessary harm or uselessly aggravating the suffering of combatants - cardinal principle 2
What does Ius cogens mean?
Peremptory norm - rules that are to be observed by all states whether or not they have ratified conventions because they are intransgressible principles of IHL.
What is the principle of distinction and what is its source?
The parties to the conflict must at all times distinguish
between civilians and combatants. Attacks may only be
directed against combatants. Attacks must not be
directed against civilians - Rule 1 ICRC Customary IHL
What is the principle of distinction?
Article 48 Additional Protocol 1 - Parties to the conflict shall at all times distinguish between civilian population and combatants and between civilian objectives and military objectives and accordingly shall direct their operations only against military objectives.
For respect and protection of civilian population and objects.
Who is a combatant?
All members of the armed forces except chaplains and medical personal are combatants - organised armed forces, groups and units under a command responsible to that party for the conduct of its subordinates - Article 43(1) Additional Protocol 1.
Are paramilitaries/law enforcement agencies (police) part of the armed forces.
Only when these units take part in hostilities and fulfil the criteria for armed forces. Notification requirement under Article 43(3) additional protocol 1.
When are combatants not entitled to prisoner of war status?
When they do not distinguish themselves from the civilian population while engaging in an attack or a military operation preparatory for an attack. Rule 106 IHL
Where can combatants be targeted in international armed conflicts?
Anytime, anywhere, armed or unarmed, whether advance staying in place or retreating (except if in neutral territories).
- What are the four main Geneva Conventions, and what do they each regulate?
Convention 1 – Amelioration of sick or injured soldiers on the battle field
Convention 2 – Amelioration of sick injured or shipwrecked soldiers at sea
Convention 3 – Treatment of prisoners of war
Convention 4 – Treatment of civilians – prohibition of targeting hospitals
Additional protocol 1 – international armed conflicts
Additional protocol 2 – non-international armed conflicts
