7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 1/21

INTERNATIONAL LAW OFINTERNATIONAL LAW OF

ARMED CONFLICT:ARMED CONFLICT:

AN INTRODUCTIONAN INTRODUCTION

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 2/21

What is LOAC?What is LOAC?

Often referred to as the ‘law of war’ orOften referred to as the ‘law of war’ or

‘International Humanitarian law or IHL’, LOAC‘International Humanitarian law or IHL’, LOACstems from a special branch of publicstems from a special branch of public

international law comprising rules which seek tointernational law comprising rules which seek to

   protect in times of armed conflict, people who protect in times of armed conflict, people who

are not or are no longer taking part in hostilities,are not or are no longer taking part in hostilities,

andand restrict the methods and means of warfarerestrict the methods and means of warfare

employedemployed

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 3/21

Purpose of LOACPurpose of LOAC

!roadly, LOAC!roadly, LOAC aimsaims to limit the effects of war onto limit the effects of war on

 people and ob"ects people and ob"ects Key message: Key message: #o not attack people who do not no longer take part#o not attack people who do not no longer take part

in hostilities$in hostilities$

#o not use weapons that make no distinction between#o not use weapons that make no distinction betweencombatants and ci%ilians or weapons & methods ofcombatants and ci%ilians or weapons & methods ofwarfare which cause unnecessary suffering and'orwarfare which cause unnecessary suffering and'ordamagesdamages

LOACLOAC does not does not  determine whether a (tate does or doesdetermine whether a (tate does or doesnot ha%e the right to resort to armed force )his aspectnot ha%e the right to resort to armed force )his aspectis go%erned by a separate branch of publicis go%erned by a separate branch of publicinternational law within the framework of the *+international law within the framework of the *+CharterCharter

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 4/21

What is International La?What is International La?

)he law that regulates the relationship between)he law that regulates the relationship between(tates(tates (tates(tates

are the core sub"ects of international law are the core sub"ects of international law states ha%e rights and obligations understates ha%e rights and obligations underinternational lawinternational law

International organisationsInternational organisations

Indi%idualsIndi%idualsCorporationsCorporations

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 5/21

What is a !tate?What is a !tate?

#efined )erritory#efined )erritory

-ermanent -opulation-ermanent -opulation

.o%ernment.o%ernment (o%ereignty /independent control'"urisdiction(o%ereignty /independent control'"urisdiction

on territoryon territory

All states are legally e0ualAll states are legally e0ual

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 6/21

Statute of the International Court of JusticeStatute of the International Court of Justice

Art.38Art.38

)he IC1 shall apply2)he IC1 shall apply2aa international con%entionsinternational con%entions, whether general or, whether general or particular, establishing rules e3pressly recogni4ed by particular, establishing rules e3pressly recogni4ed bythe contesting states$the contesting states$

 b b international custominternational custom, as e%idence of a general, as e%idence of a general practice accepted as law$ practice accepted as law$

cc the general principles of lawthe

general principles of law recogni4ed byrecogni4ed byci%ili4ed nations$ci%ili4ed nations$

d sub"ect to the pro%isions of Article 56,d sub"ect to the pro%isions of Article 56, "udicial

 "udicialdecisionsdecisions and theand the teachingsteachin

gs of the most highlyof the most highly0ualified publicists of the %arious nations, as0ualified publicists of the %arious nations, assubsidiary means for the determination of rules ofsubsidiary means for the determination of rules oflawlaw

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 7/21

!our"es of International La!our"es of International La

For#al !our"es:For#al !our"es: CustomsCustoms )reaties)reaties .eneral -rinciples.eneral -rinciples

Material !our"es:Material !our"es: (tate practice(tate practice -ractice of international organisations-ractice of international organisations

1udicial decisions1udicial decisions 7ritings of "urists7ritings of "urists *+ .eneral Assembly resolutions*+ .eneral Assembly resolutions

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 8/21

$rief %istor& of LOAC$rief %istor& of LOAC

)hree main trends characterise LOAC2)hree main trends characterise LOAC2

AA )he .ene%a )rend)he .ene%a )rend

!! )he Hague )rend)he Hague )rend

CC )he +ew 8ork )rend)he +ew 8ork )rend

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 9/21

LOAC an' the Prohi(ition of the Use of For"eLOAC an' the Prohi(ition of the Use of For"e 

 Jus ad bellum Jus ad bellum are the internationalare the internationalrules pertaining torules pertaining to which extent thewhich extent the

use of military force against anotheruse of military force against another

state is allowedstate is allowed..

 Jus in bello Jus in bello are the internationalare the international

rules pertaining torules pertaining to how armedhow armedconflict must be conductedconflict must be conducted..

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 10/21

)us a' (ellu#)us a' (ellu#

)he -rohibition)he -rohibition22

)he *+ Charter Article 9 /:; prohibits the use or)he *+ Charter Article 9 /:; prohibits the use orthreat of use of force against states is prohibitedthreat of use of force against states is prohibited

Accordingly, all <embers shall refrain in theirAccordingly, all <embers shall refrain in theirinternational relations from theinternational relations from the threat or use of forcethreat or use of force against the territorial integrity or politicalagainst the territorial integrity or politicalindependence of any state, or in any other mannerindependence of any state, or in any other mannerinconsistent with the -urposes of the *nited +ationsinconsistent with the -urposes of the *nited +ations 

=3ceptions=3ceptions22 )he *+ Charter Articles >6 ? :@ &the right of self)he *+ Charter Articles >6 ? :@ &the right of self

defence /Article 5@;defence /Article 5@;

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 11/21

Arti"le * +,- isArti"le * +,- is jus cogens jus cogens

 Jus cogens Jus cogens: peremptory norm of: peremptory norm ofgeneral international law:general international law:

 “ “..a norm accepted and recognized..a norm accepted and recognizedby the international community ofby the international community of

States as a whole as a norm fromStates as a whole as a norm from

which no derogation is permitted…”which no derogation is permitted…”The Vienna Convention on the Law ofThe Vienna Convention on the Law of

Treaties (VCLT) Article 53.Treaties (VCLT) Article 53.

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 12/21

In What !ituations Does LOAC Appl&?In What !ituations Does LOAC Appl&?

International armed conflicts, eg wars ofInternational armed conflicts, eg wars of

liberationliberation

 +oninternational armed conflicts, or otherwise +oninternational armed conflicts, or otherwise

known as internal armed conflicts, forknown as internal armed conflicts, for

e3ample, hostilities by belligerent groupse3ample, hostilities by belligerent groups

within the territory of a statewithin the territory of a state

LOAC does not apply to situations of %iolenceLOAC does not apply to situations of %iolence

not amounting to, in intensity, to an armednot amounting to, in intensity, to an armed

conflict (uch cases are go%erned by Humanconflict (uch cases are go%erned by Human

ights law and rele%ant domestic legislationights law and rele%ant domestic legislation

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 13/21

What Does LOAC Prote"t?What Does LOAC Prote"t?

PeoplePeople

----ci%iliansci%ilians

indi%iduals who are no longer taking part in fighting, indi%iduals who are no longer taking part in fighting,

wounded, sick and shipwrecked military personnel ,wounded, sick and shipwrecked military personnel ,

prisoners of war,prisoners of war,

medical and religious staffmedical and religious staff

Certain pla"es an' o(.e"tsCertain pla"es an' o(.e"ts

hospitals and hospitals and

ambulances ambulances

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 14/21

Prote"tion a/ainst0Prote"tion a/ainst0

Biolence to life, health or physical or mentalBiolence to life, health or physical or mentalwellbeing, in particular murder, torture,wellbeing, in particular murder, torture,corporal punishment and mutilation$corporal punishment and mutilation$

Outrages upon personal dignity, in particularOutrages upon personal dignity, in particular

humiliating or degrading treatment, rape,humiliating or degrading treatment, rape,forced prostitution, & any form of indecentforced prostitution, & any form of indecent beha%iour$ beha%iour$

)he taking of hostages$)he taking of hostages$Collecti%e punishment$Collecti%e punishment$

)hreats to commit any of the abo%e acts)hreats to commit any of the abo%e acts

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 15/21

Means of Prote"tionMeans of Prote"tion

LOAC prohibits methods and means of warfare2LOAC prohibits methods and means of warfare2

that target people who are not taking part in fightingthat target people who are not taking part in fighting<ethods & means of warfare that do not distinguish<ethods & means of warfare that do not distinguish

 between combatants & protected persons, eg carpet between combatants & protected persons, eg carpet bombing, are prohibited bombing, are prohibited

that cause superfluous in"ury, eg IHL prohibits thethat cause superfluous in"ury, eg IHL prohibits theuse of weapons the effect of which would beuse of weapons the effect of which would bee3cessi%e in relation to the military ad%antagee3cessi%e in relation to the military ad%antageanticipated, such as, e3ploding bullets whose aim isanticipated, such as, e3ploding bullets whose aim is

to cause untreatable woundsto cause untreatable wounds that cause lasting damage to the en%ironment, eg thethat cause lasting damage to the en%ironment, eg the

use of biological and chemical weapons and antiuse of biological and chemical weapons and anti personal landmines personal landmines 

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 16/21

$asi" Prin"iples of LOAC$asi" Prin"iples of LOAC  HumanityHumanity

ci%ilians and combatants remain under protection & authorityci%ilians and combatants remain under protection & authorityof international law deri%ed from established custom,of international law deri%ed from established custom,

 principles of humanity& dictates of public conscience principles of humanity& dictates of public conscience

#istinction#istinction

 parties to the conflict to distinguish between ci%ilian ob"ects parties to the conflict to distinguish between ci%ilian ob"ectsand military ob"ecti%es in carrying out operationsand military ob"ecti%es in carrying out operations

<ilitary necessity<ilitary necessity

 only legitimate ob"ecti%e of (tates at war is to weaken militaryonly legitimate ob"ecti%e of (tates at war is to weaken militaryforces of the enemyforces of the enemy

-roportionality-roportionality strike a balance between two di%erging interests, one dictatedstrike a balance between two di%erging interests, one dictated

 by military considerations, &the other by re0uirements of by military considerations, &the other by re0uirements ofhumanityhumanity 

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 17/21

Prin"ipal TreatiesPrin"ipal Treaties

1949 Geneva Conventions for the Protection of1949 Geneva Conventions for the Protection of

Victims of WarVictims of War irst Con%ention for the Amelioration of theirst Con%ention for the Amelioration of the

Condition of the 7ounded and (ick in the ArmedCondition of the 7ounded and (ick in the Armedorces in the ieldorces in the ield

(econd Con%ention for the Amelioration of the(econd Con%ention for the Amelioration of theCondition of the 7ounded, (ick and (hipwreckedCondition of the 7ounded, (ick and (hipwrecked<embers of the Armed orces at (ea<embers of the Armed orces at (ea

Con%ention elati%e to the )reatment of -risonersCon%ention elati%e to the )reatment of -risonersof 7ar of 7ar 

ourth Con%ention elati%e to the -rotection ofourth Con%ention elati%e to the -rotection ofCi%ilian -ersons in )ime of 7ar Ci%ilian -ersons in )ime of 7ar  

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 18/21

)reaties cont)reaties cont……

 Additional Protocols to Geneva Conventions Additional Protocols to Geneva Conventions

-rotocol I2 International Armed Conflicts,-rotocol I2 International Armed Conflicts,

@6DD@6DD -rotocol II2 +oninternational Armed Conflict,-rotocol II2 +oninternational Armed Conflict,

@6DD@6DD

-rotocol III2 Adoption of an Additional-rotocol III2 Adoption of an Additional#istincti%e =mblem, 9EE5#istincti%e =mblem, 9EE5

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 19/21

Fun'a#ental 1uarantees of I%LFun'a#ental 1uarantees of I%L

A set of rules setting forth minimum treatment toA set of rules setting forth minimum treatment towhich any indi%idual in the power of a party to thewhich any indi%idual in the power of a party to the

conflict is entitledconflict is entitled

)here can be no derogation from these rules)here can be no derogation from these rules

 Indi%iduals shall be treated humanely and %iolenceIndi%iduals shall be treated humanely and %iolence

against the li%es, health, and wellbeing of people isagainst the li%es, health, and wellbeing of people is

 prohibited at al times and in all places prohibited at al times and in all places

-ersons who are in the power of a -arty to the conflict-ersons who are in the power of a -arty to the conflictshall be treated humanely in all circumstances’,shall be treated humanely in all circumstances’,

without any ad%erse distinction based on race, colour,without any ad%erse distinction based on race, colour,

se3, language, religion or belief, political opinion,se3, language, religion or belief, political opinion,

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 20/21

Who Must Respe"t LOAC an' Wh&?Who Must Respe"t LOAC an' Wh&?

(tates -arties(tates -arties Indi%idualsIndi%iduals

7hyF7hyF <oral duty <oral duty

-rudent military option -rudent military option

(ensible political choice (ensible political choice

Legal obligation Legal obligation

7/21/2019 An Introduction to IHL

http://slidepdf.com/reader/full/an-introduction-to-ihl 21/21

THANK YOUTHANK YOU