Lesson 6 Questions Jus in Bello Flashcards
(18 cards)
What was the background and main objective of the first IHL instruments?
To humanize war, protect wounded and civilians, inspired by Lieber Code and Henri Dunant; began with 1864 Geneva Convention.
What has driven the development of the law of armed conflict over time?
Horrors of war, technological change, and major conflicts like WWI and WWII prompted evolution and treaty expansion.
What are the four fundamental principles of IHL?
Proportionality, Distinction, Military Necessity, Humanity.
Explain the principle of proportionality in IHL.
Harm to civilians must not be excessive compared to the military advantage expected.
Explain the principle of distinction in IHL.
Combatants must distinguish between civilians and military targets at all times.
Explain the principle of military necessity in IHL.
Force must be used only for legitimate military aims and only against lawful targets.
Explain the principle of humanity in IHL.
Prohibits inflicting unnecessary suffering or injury, e.g., banning dum-dum bullets.
How are the four principles of IHL interrelated?
They collectively guide lawful conduct in war; specific treaty rules express them in practice.
What is the relationship between general principles and specific rules in IHL?
Specific rules give concrete form to general principles; principles help interpret unclear rules.
When is civilian collateral damage lawful under IHL?
If the attack targets military objectives and civilian harm is not excessive (proportionality).
What determines whether a conflict is international or non-international?
Whether states are involved—conflict between states is international; otherwise it’s non-international.
Why was international armed conflict the original focus of IHL?
Wars were mostly between states, and sovereignty concerns made regulating internal conflict controversial.
Why are NIACs less regulated in treaty law?
States resist external control over internal affairs; fear legitimizing rebels or limiting sovereignty.
What test determines when a NIAC is internationalized by third states?
Tadić test (overall control) for IHL; Nicaragua test (effective control) for state responsibility.
What is the Tadić (overall control) test?
Determines attribution by asking if a state organized and directed a group’s military actions.
What is the Nicaragua (effective control) test?
Determines state responsibility—requires state to issue specific instructions for each act.
What does the classification of conflict affect in IHL?
It determines which rules apply; IACs have more detailed treaty law than NIACs.
