Lecture 9: International humanitarian law

Question 1

Breaches of international humanitarian law (IHL) are…

Answer 1

War crimes

Question 2

Definition: IHL

Answer 2

The body of law which imposes rules on the conduct of armed conflict to mitigate its effects

Question 3

IHL is a mix of

Answer 3

Customary IL and treaty-based law (dominant)

Question 4

Why is IHL controversial?

Answer 4

Because while it seeks to balance military necessity with humanity, in the process it humanizes warfare and makes it more acceptable

Question 5

IHL is the result of the merger of

Answer 5

The law of the Hague and the law of Geneva

Question 6

The Law of the Hague

Answer 6

Known as the laws of war; regulates the conduct of war proper (definition of combatants, conduct of military operations, use of certain weapons) - e.g. how you are allowed to kill, the manner you can fight

Question 7

The Law of Geneva

Answer 7

Regulates the protection and treatment of those not taking part (civilians) or unable to take part (wounded, POWs) in the fighting

Question 8

Coup de grâce

Answer 8

Finding it humane to kill a wounded enemy soldiers, back when medicine did not allow for many to survive

Question 9

Development of rules of war track the changes of

Answer 9

Morality, technology, and medicine

Question 10

How many Geneva Conventions?

Answer 10

4 conventions between 1864-1949 and three additional protocols

Question 11

How many Hague Conventions?

Answer 11

1899: three conventions, three declarations

1907: fourteen conventions and declarations

Question 12

Many of the Hague Conventions have today either

Answer 12

Expired or been superseded

Question 13

Which is the most important Hague Convention?

Answer 13

Convention II of 1899: regulates circumstances of killing combatants (among other things)

Question 14

Two other important treaties of IHL

Answer 14

Chemical Weapons Convention

The Ottawa Convention (landmines)

Question 15

Much of treaty IHL is also mirrored in

Answer 15

Customary IL, making it binding for non-parties

Question 16

International Committee of the Red Cross - 5 points

Answer 16

1. Established by Geneva Convention
2. International NGO that plays unique role as watchdog of Geneva Conventions
3. Private body established under Swiss law with strictly Swiss members and principle of neutrality
4. Each country has affiliate national Red Cross/Crescent/Crystal committee
5. Duties have ranged from POW tracking to protecting the Red Cross Symbol from attacks

Question 17

Common article 2 of the Geneva Convention

Answer 17

States that Geneva Conventions apply to any inter-state war (declared or not) including wars of national liberation

Technically has the exception of when a country is neither a signatory or accepts to abide by them, but all countries are part to some of the Conventions

Question 18

Reciprocity (Geneva Conventions)

Answer 18

Principle that you only treat soldiers according to the convention if they treat yours the same - abandoned after WW2

Question 19

Common article 3 of the Geneva Conventions

Answer 19

Provides for a limited set of protections to those not taking an active part in hostilities when the hostilities are not of an international character (e.g. if somebody who is not taking part is captured, there is a minimum set of criteria, although not as big as protections of article 2)

Question 20

How should you treat wounded and sick military personnel?

Answer 20

Shall be respected and protected in all circumstances on a non-discriminatory basis - cannot be hurt, tortured, killed, left without medical care etc.

Details must be sent to the other side

Question 21

Definition: Prisoner of war (POW)

Answer 21

Have to be under effective command structure and distinguish themselves from civilians - POWs have more protections than illegal combatants

Question 22

How should you treat POWs? - 4 points

Answer 22

Have to be kept alive, in good health, and in dignity - cannot be mistreated, tortured, humiliated etc.

They can be required to give name, rank, and service number, but nothing else

Can be tried for war crimes if applicable

Have to be released after end of hostilities (e.g. should be sent back as soon as active hostilities are over, not necessarily whole conflict)

Question 23

Who is a protected person?

Answer 23

People in the hands of a party to the conflict or occupying power of which they are not nationals

E.g. if Belgium invades NL, Dutch citizens are protected persons

Question 24

How should you treat a protected person?

Answer 24

All the essential protections + prohibitions on deportations, forced enlistment, destruction of property

Question 25

When can you kill civilians?

Answer 25

Not directly, but as a consequence of military actions as long as it wasn’t on purpose

Question 26

How should you treat civilians?

Answer 26

Civilians have to be protected from the effect of hostilities

Question 27

Principle of distinction

Answer 27

Parties to the conflict have to distinguish between civilians and combatants, and between civilian and military objectives, at all times

E.g. if you disguise yourself as a civilian, you are an unlawful combatant

Question 28

What 3 kinds of attacks are prohibited?

Answer 28

Indiscriminate attacks, terror attacks and attacks on civilians

Question 29

Principle of proportionality

Answer 29

Harm caused to civilians and civilian property must not be “excessive in relation to the concrete and direct military advantage anticipated” by attack on military objective

In practice a lot of leeway

Question 30

Principle of military necessity

Answer 30

Belligerents have the right to take measures that are needed to defeat the enemy, subject to all other constraints (proportionality etc.) - you cannot bomb just for the sake of bombing

Question 31

Unnecessary suffering

Answer 31

Is forbidden, although you can still kill people

E.g. many specific weapons are banned, nuclear weapons have ambigious status (very effective, but cannot distinguish between civilians and combatants)