Lesson 6: SETTING THE SCENE: STATUS, PARTIES AND APPLICABLE LEGAL FRAMEWORK

Question 1

What was the background and the main objective of the first IHL instrument? How has this developed over time?

Answer 1

in the 1800, There was a need to protect those wounded in battle and caregivers and therefore the first geneva convention was adopted (With the international red cross). It has since been revised and is today the Geneva Convention and additional protocols

Question 2

What are the four fundamental principles of IHL and what do each of them entail? What is the relationship between the general principles and the specific rules?

Answer 2

1) Distinction: All shall distinguish between civillians and combatants as well as civillian objects and military objects
2) Proportionality: the act of balancing military necessity and humanity -harm to civilians or civilian objects expected from attacks may never exceed the expected military advantage of that attack
3) Humanity: the largest possible degree of protection of victims of armed conflict
4) Military Necessity: The parties to an armed conflict must only use the degree and type of force required to achieve the only legitimate purpose of the conflict, namely to compell the surrender of the adversary with the minimum loss of human life and ressources
- These principles is what all new IHL stems from

Question 3

Which different conflict categories are used in IHL?

Answer 3

IAC: between two or more of the High Contracting Parties (common art 2)
NIAC: between one (or more) state(s) and one (or more) organised armed group(s) or between two or more armed groups within a state (Common art 3 and additional protocol 2)
- 1) Does not include unrest, riots or internal disturbances, 2) the armed group must be organised (military operations and ability to comply with IHL) 3) Intensity

Question 4

Which ”test” is used to determine whether a non-international armed conflict has been internationalized through involvement by third states?

Answer 4

When there is a Military intervention by a state in a NIAC, you look to who the third state is in support of:
- If the foreign state intervenes on the side of the territorial state, it is generally viewed that the conflict remains non-international
- If the foreign state intervenes on the side of the armed group, there is two separate conflicts - IAC between the two governments, NIAC between territorial government and armed group.

Question 5

What is the relationship between jus ad bellum and jus in bello?

Answer 5

Jus ad bellum do not impact the determination of whether or not an international armed conflict exists. IHL therefore applies as soon as the threshold is met (irregardless of the legality of jus ad bellum)

Question 6

What is the main objective of IHL and who does it protect?

Answer 6

Main objective: ”IHL seeks to regulate conduct in armed conflicts”
two twin objectives: The need to prosecute armed conflict and to protect those who no longer take direct part
Covers: combatants and prisoners of war, the wounded, sick and shipwrecked and civilians (All affected by the conflict)

Question 7

What is the relationship between IHRL and IHL?

Answer 7

• Apply concurrently during armed conflicts
• IHRL plays a rather small role in densely regulated IACs but a rather large role in NIACs which are subject to much less rules

Question 8

Who are the parties to an armed conflict?

Answer 8

• States whose armed forces are fighting (against another state or an organised armed group)
• Organised armed groups fighting