Lesson 6 Flashcards
What was the Lieber Code (1863)?
The first codified rules regulating humane treatment of enemy forces and civilians during war.
What was the main focus of the 1864 Geneva Convention?
Protecting the wounded in armies in the field and obligating care for the sick and injured.
What are the core provisions of the 1864 Geneva Convention?
Neutrality of the wounded, Red Cross symbol, obligation to care for the sick and wounded.
What did the 1868 St. Petersburg Declaration prohibit?
Use of exploding bullets—first international ban on a specific weapon.
What are the four Geneva Conventions of 1949?
Protection of wounded and sick on land
Protection of wounded, sick, and shipwrecked at sea
Treatment of prisoners of war
Protection of civilians in occupied territories
What is Common Article 2 of the 1949 Conventions?
Applies to any armed conflict between states—even if war isn’t officially declared.
What is Common Article 3 of the 1949 Conventions?
Applies to civil wars; sets minimum protections like banning torture and cruel treatment.
What’s unique about Articles 2 and 3?
They are identically worded across all four Geneva Conventions.
What is the First Additional Protocol (AP I)?
Expands protection in international armed conflicts and includes wars of national liberation.
What are guerrilla fighters required to do under AP I?
Wear visible signs, openly carry arms during military engagements.
Why did some states oppose AP I?
It recognized national liberation movements, which some feared legitimized guerrilla warfare.
What does the Second Additional Protocol (AP II) cover?
Civil wars and insurgencies, with clearer rules than Article 3.
What are the criteria for AP II to apply?
Rebels must be organized and control territory.
Why did many countries refuse to ratify AP II?
Fear that it would legitimize insurgents.
What are states required to do under IHL?
Suppress violations of the Geneva Conventions.
What were the first international war crimes tribunals?
Nuremberg and Tokyo Tribunals (1945–46).
What treaty established the International Criminal Court (ICC)?
The Rome Statute (1998).
What crimes does the ICC prosecute?
Atrocities.
Genocide, war crimes, crimes against humanity, and aggression.
What are the limits of the ICC?
Jurisdiction only applies to consenting states or UN referrals.
What are hybrid tribunals?
Courts within affected countries, supported by international law (e.g. Extraordinary African Chambers).
What is the main purpose of International Humanitarian Law (IHL)?
To regulate armed conflict by balancing military necessity with humanitarian protection.
What types of conflicts does IHL apply to?
Both international and non-international armed conflicts.
What are the 5 fundamental principles of IHL?
Distinction, Proportionality, Military Necessity, Humanity, Neutrality.
What does the principle of Distinction mean in IHL?
It requires distinguishing between combatants and civilians; civilians must not be targeted.
Define the Proportionality principle.
Harm to civilians must not be excessive in relation to the anticipated military advantage.
What is Military Necessity?
Military operations must be necessary for achieving a legitimate military goal.
What is the principle of Humanity in IHL?
Prohibits unnecessary suffering and cruelty in armed conflict.
What is the principle of Neutrality?
Protects non-combatants and neutral parties from involvement in hostilities.
Which treaties are most important in IHL?
The Geneva Conventions (1949) and Additional Protocols (1977).
Does IHL apply to non-state actors?
Yes, it applies to both state and non-state actors in armed conflicts.
What is the difference between jus ad bellum and jus in bello?
Jus ad bellum governs the legality of going to war; jus in bello governs conduct during war.
What defines an International Armed Conflict (IAC)?
A conflict between two or more states, per Common Article 2 of the Geneva Conventions.
Yes, even without armed resistance.
When are wars of national liberation considered IACs?
When fought against colonial domination, foreign occupation, or racist regimes (AP I).
What defines a Non-International Armed Conflict (NIAC)?
Conflict between a state and non-state groups or between such groups, per Common Article 3 & AP II.
What are the NIAC threshold criteria?
Organized armed groups, sustained violence, and (for AP II) territorial control.
What’s the main difference between Common Article 3 and AP II?
Common Article 3 gives minimum protections; AP II provides broader protections but has stricter application conditions.
What is an Internationalized Armed Conflict?
A civil war involving foreign state intervention or control.
What are Transnational Armed Conflicts?
Conflicts involving cross-border non-state actors (e.g., Al-Qaeda, ISIS).
Why are modern conflicts hard to classify?
Due to blurred lines between IACs and NIACs, asymmetric warfare, and evolving forms of violence.
