Latest Articles
Back
International Humanitarian Law
International Humanitarian Law
International Humanitarian Law is a set of rules that seek to limit the humanitarian consequences of armed conflicts. IHL is sometimes also known as the law of armed conflict or the law of war (jus in bello). The primary purpose of International Humanitarian Law is to restrict the means and methods of warfare that parties to a conflict may employ and to ensure the protection and humane treatment of persons who are not, or no longer, taking a direct part in the hostilities. In short, IHL consists of those rules of international law which establish minimum standards of humanity that must be respected in any situation of armed conflict.
IHL is specifically designed to apply in situations of armed conflict. The belligerents therefore cannot justify failure to respect IHL by invoking the harsh nature of armed conflict; they must comply with their humanitarian obligations in all circumstances. This also means that IHL is equally binding on all parties to an armed conflict, irrespective of their motivations or of the nature or origin of the conflict. A State exercising its right to self-defence or rightfully trying to restore law and order within its territory must be as careful to comply with IHL as an aggressor. Moreover, the belligerents must respect IHL even if it is violated by their adversary (non-reciprocity of humanitarian obligations). Belligerent reprisals are permitted only under extremely strict conditions and may never be directed against persons or objects entitled to humanitarian protection.
The cornerstone of IHL is the principle of distinction. It is based on the recognition that “the only legitimate object which States should endeavour to accomplish during war is to weaken the military forces of the enemy,” whereas “the civilian population and individual civilians shall enjoy general protection against dangers arising from military operations.” Therefore, the parties to an armed conflict must “at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.”
Just like any other body of international law, IHL can be found in three distinct sources: treaties, custom, and the general principles of law. In addition, case-law, doctrine and, in practice, “soft law” play an increasingly important role in the interpretation of individual rules of IHL.
IHL is that body of international law which governs situations of armed conflict. As such, it must be distinguished from other bodies of international law, particularly those that may apply at the same time as IHL, but which have a different object and purpose. The most important frameworks are:
(1) the UN Charter and the prohibition against the use of inter-State force;
(2) international human rights law;
(3) international criminal law; and
(4) the law of neutrality.
Some other laws such as the law of the sea, the law governing diplomatic and consular relations, environmental law and refugee law are also important.
While IHL regulates the conduct of hostilities and the protection of persons in situations of armed conflict, international human rights law protects the individual from abusive or arbitrary exercise of power by State authorities.
