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What is International Humanitarian Law (IHL)?
IHL, also known as the Law of Armed Conflict (LOAC) or the law of war, is a body of international legal rules that regulate the conduct of armed conflict and seek to protect persons not participating in hostilities
What are the two fundamental principles of targeting under IHL?
- Distinction: Parties must distinguish at all times between combatants and civilians, as well as between military objectives and civilian objects.
- Proportionality: Civilian harm must not be excessive in relation to the concrete and direct military advantage anticipated.
How does IHL differ from jus ad bellum?
IHL (jus in bello) governs how war is conducted and applies regardless of whether the war itself is lawful. Jus ad bellum concerns the justification for the use of force.
What are the two main categories of armed conflicts under IHL?
- International Armed Conflicts (IACs): Armed conflicts between two or more states.
- Non-International Armed Conflicts (NIACs): Conflicts between governmental forces and non-state armed groups, or between such groups within a state.
What is Common Article 3 of the Geneva Conventions?
It provides minimum standards of protection in NIACs, including humane treatment, prohibition of torture, and judicial guarantees.
When does IHL begin and end in an armed conflict?
It applies from the initiation of armed conflict and remains in effect until a general conclusion of peace (IACs) or a peaceful settlement (NIACs).
What is the ‘status mixtus’ approach in modern conflicts?
A pragmatic situation where some aspects of war law and peacetime law apply simultaneously, particularly in low-intensity or undeclared conflicts.
Who is considered a lawful combatant under IHL?
- Are under a command responsible for subordinates
- Have a fixed distinctive sign recognizable at a distance
- Carry arms openly
- Conduct operations in accordance with IHL
What are the rights of prisoners of war (POWs)?
POWs must be treated humanely, protected from violence and intimidation, provided adequate food, medical care, and allowed correspondence with families.
What is the ‘levée en masse’ concept?
Civilians spontaneously taking up arms in defense of their territory upon enemy approach are considered lawful combatants if they carry arms openly and respect the laws of war.
What is the legal status of mercenaries under IHL?
Mercenaries are not entitled to combatant or POW status under Article 47 of Additional Protocol I.
How are private military security companies (PMSCs) treated under IHL?
PMSCs are usually considered civilians unless directly participating in hostilities.
What protections exist for child soldiers under IHL?
Article 77 of Additional Protocol I and the Convention on the Rights of the Child prohibit recruitment of children under 15 into armed forces.
What constitutes a military objective under IHL?
Any object which by its nature, location, purpose, or use makes an effective contribution to military action.
What are dual-use objects?
Civilian objects that also serve military purposes, which may be targeted if they meet the criteria for military objectives.
What is perfidy in IHL?
Acts intended to betray the enemy’s trust by feigning protected status, which are prohibited under IHL.
What are reprisals in armed conflict?
Otherwise unlawful acts taken in response to an enemy’s IHL violations, heavily restricted and must be proportional.
Are civilians ever lawfully targeted?
No, unless and for such time as they take a direct part in hostilities.
What are the precautions in attack under IHL?
Commanders must take feasible steps to verify targets, choose means/methods to minimize civilian harm, and cancel attacks if civilian damage is excessive.
How does IHL treat mistaken attacks?
If based on genuine, reasonable military intelligence and precautions were taken, they do not constitute war crimes.
What are the two major weapon-related prohibitions under IHL?
- Use of weapons causing unnecessary suffering
- Use of weapons that are inherently indiscriminate
What are examples of prohibited weapons under treaty law?
- Poison and chemical weapons
- Blinding lasers
- Explosive bullets
- Cluster munitions
- Incendiary weapons
- Biological agents
- Anti-personnel landmines
Are nuclear weapons banned by IHL?
Not explicitly, but their use must comply with IHL principles.
How is white phosphorus treated under IHL?
Its use is not banned outright but is controversial; may violate the prohibition on unnecessary suffering if used directly against humans.
