lecture 9: International Humanitarian Law Flashcards
(21 cards)
What is International Humanitarian Law (IHL) and what are its key components?
Definition: Laws that regulate armed conflict to limit harm.
Purpose: Balance military necessity with humanity.
Sources: A mix of customary law and treaty-based law (now dominant).
Controversy: Humanizes warfare, aiming to limit unnecessary killing without banning war itself.
Breaches: Violations are considered war crimes.
What impact did technological advances have on IHL?
Advances, such as medical technology, made certain practices like mercy killing (coup de grâce) outdated.
What are the two key components of IHL?
Law of The Hague: Regulates the conduct of war (combatant status, military operations, weapon use).
Law of Geneva: Protects non-combatants and those incapacitated (civilians, wounded, POWs).
Result: IHL merges both laws to create a framework for conducting war humanely.
What do the Geneva Conventions consist of?
Four conventions (1864–1949) and three additional protocols, aimed at protecting those not participating in hostilities. * Every country is party to some of it, but not every country is party to all of it
Who initiated the Geneva Conventions and why?
(1864–1949)
Henri Dunant, inspired by the aftermath of the Battle of Solferino, to protect wounded soldiers and civilians.
What role does the ICRC play in IHL?
Acts as the watchdog of the Geneva Conventions, monitors compliance, and protects the Red Cross emblem.
What was the primary focus of the Hague Conventions? (1899 & 1907)
Regulating conduct in warfare, especially through the Convention II of 1899, which outlined laws of war on land.
How are the Hague Conventions linked to modern IHL?
They laid the foundation for many contemporary rules governing warfare.
What does Common Article 2 stipulate?
(Geneva)
Applies to international conflicts, including wars of national liberation, regardless of formal declarations.
What does Common Article 3 cover?
(Geneva)
Provides minimum protections for those not actively participating in hostilities in non-international armed conflicts.
What are the protections for wounded and sick military personnel under the Geneva Protocols?
(hors combat)
Must be treated humanely, without discrimination, and not harmed, tortured, or left without medical care.
What protections do prisoners of war (POWs) have?
POWs must be treated with dignity, cannot be tortured, and must be repatriated after hostilities.
What defines a prisoner of war under IHL?
A combatant who belongs to a structured military force and distinguishes themselves from civilians (e.g., wearing uniforms).
Who are protected persons under the 4th Geneva Convention, and what rights do they have?
Definition: Civilians in the hands of a conflict party or occupying power, not nationals of that state.
Exclusion: Does not include nationals of neutral third-party states.
Rights:
Protection from: Deportation, forced enlistment, property destruction.
POWs: Non-officer POWs can be made to work.
Military Occupation: Sets rules for humane treatment of civilians.
Civilian Protection and Conduct of Hostilities
What is the Principle of Distinction in IHL?
Parties to a conflict must always distinguish between civilians and combatants.
What does the Principle of Proportionality entail?
Civilian harm must not be excessive in relation to the anticipated military advantage.
What are some banned weapons under IHL?
Dum-dum bullets, anti-personnel mines, blinding laser weapons, and toxic gases.
Why are nuclear weapons controversial under IHL?
They cannot distinguish between combatants and civilians, but the ICJ has not categorically banned them.
What is the Principle of Military Necessity?
Belligerents may take necessary measures to defeat the enemy, respecting other IHL principles.
Is civilian harm during military operations always illegal?
No, if civilians are unintentionally harmed as a side-effect of targeting a legitimate military objective, it may not violate IHL.
What is the primary purpose of International Humanitarian Law?
To humanize warfare by regulating conduct and protecting non-combatants, rather than prohibiting all forms of violence.
