International

Humanitarian Law [IHL]

Virtual Classes
• What is IHL?
1. IHL is a branch of international law that applies to situations of
armed conflicts.

2. It is a set of rules which seeks, for humanitarian reasons, to limit the

effects of armed conflict.

3. IHL is also known as the 'Law of War' or 'Law of Armed Conflict'.

• When IHL applies?
• Whether HR can apply at the time of AC?
• Sources of International Humanitarian Law:
1. CONVENTIONS: Agreements between States setting forth new rules of international
law

2. CUSTOM: General practice followed by states (State Practice) accepted as law (Opinio
Juris)

3. COURTS / TRIBUNALS: Decisions from international and domestic courts / tribunals

(IMT, ICTY, ICC, Finta, Eichmann, Pinochet)

4. ARTICLES & PUBLICATIONS: Writings and teachings of distinguished academics,

scholars, etc.
Historical Development
• The Origins of the IHL / ICRC and of the Red Cross:

1859 Battle of Solferino, Henry Dunant, Action + 2 ideas:

1.Create Relief Societies ready to care for the wounded in wartime

2. Create a set of rules that would protect non combatants from the
effects of war
• Early signs of IHL / Traditional rules of war
• Lieber Code- 1863 [ Instruction signed by the US president Union
force of US]
• 1864 Henri Dunant and Geneva Law
• 1899 Hague Conventions
• 1925 Geneva Protocol prohibiting the use of Chemical and
bacteriological weapons
• 1929 Geneva convention for Prisoners of War
The 1949 Geneva Conventions
• GC I – Amelioration of wounded and sick armed forces in the field
• GC II – Amelioration of wounded sick and shipwrecked armed forces
at sea
• GC III – Treatment of Prisoners of war
• GC IV – Protection of Civilian Population in time of war.
• Or, another view:
 THE GENEVA CONVENTIONS (AUGUST
1949)

• GENEVA CONVENTION
FOR THE AMELIORATION
OF THE CONDITION OF
THE WOUNDED AND
SICK IN ARMED FORCES
IN THE FIELD OF 12
AUGUST 1949
• GENEVA CONVENTION FOR
THE AMELIORATION OF THE
CONDITION OF WOUNDED ,
SICK AND SHIPWRECKED
MEMBERS OF ARMED FORCES
AT SEA OF 12 AU GUST 1949
• GENEVA CONVENTION RELATIVE
TO THE TREAT MENT OF
PRISONERS OF WAR OF 12 AU
GUST 1949
• GENEVA CONVENTION RELATIVE
TO THE PROTECTION OF
CIVILIAN PERSONS IN TIME OF
WAR OF 12 AU GUST 1949
What IHL Cover? – 13th April 2020.

• Protection
• Restriction on means and methods of war
Jus ad bellum and Jus in bello
• Jus ad bellum refers to the • Jus in bello regulates the
conditions under which States may conduct of parties engaged in an
resort to war or to the use of armed armed conflict.
force in general. [Rules governing
the legality of War] • IHL is synonymous with jus in
• The prohibition against the use of bello; it seeks to minimize
force amongst States and the suffering in armed conflicts,
exceptions to it (self-defence and UN notably by protecting and
authorization for the use of force), assisting all victims of armed
set out in the United Nations Charter conflict to the greatest extent
of 1945, are the core ingredients of possible.
jus ad bellum.
What GCs and APs cover?

• The Geneva Conventions of 1949 laid out rules for protecting

wounded, sick or shipwrecked armed forces at sea or on hospital

ships as well as medical workers and civilians accompanying or

treating military personnel.

Some highlights of these rules are:
GC-I & II
1. hospital ships cannot be used for any military purpose nor captured or

attacked

2. captured religious leaders must be returned immediately

3. all sides must attempt to rescue any shipwrecked personnel, even those

from another side of the conflict

GC-III - Pow
• Male and female prisoners of war received expanded protections in the
Convention of 1949 such as:
1. they must not be tortured or mistreated
2. they’re only required to give their name, rank, birth date and serial
number when captured
3. they must receive suitable housing and adequate amounts of food
4. they must not be discriminated against for any reason
5. they have the right to correspond with family and receive care packages
6. the Red Cross has the right to visit them and examine their living
conditions
14th April 2020.
• Responsibility for the treatment of prisoners
• Humane treatment of prisoners
• Respect for the person of prisoners
• Equality of treatment
• Questioning of prisoners
• Property of prisoners
• Evacuation of prisoners
• Restriction of liberty of movement
• Security of prisoners
• Permanent transit camps
• Quarters, Food, Clothing, Canteens
• Medical attention
• Prisoners engaged on medical duties
• Use of weapons
• Dangerous and humiliating labour
• Duration of labour
• Financial resources of prisoners of war [Prisoners' accounts, transfer of
funds, Claims for compensation, Working pay, Supplementary pay etc.]
• Complaints and requests
• Offences committed before capture
• Penalties
• Duration of punishments
• Courts
GC-IV – Civilians [15th April 2020]

1. Articles were also put in place to protect wounded, sick and pregnant civilians as well as

mothers and children.

2. It also stated civilians may not be collectively deported or made to work on behalf of an

occupying force without pay.

3. All civilians should receive adequate medical care and be allowed to go about their daily

lives as much as possible.

Geneva Convention Protocols includes:

• In 1977, Protocols I and II were added to the Conventions of 1949. 

• Protocol I increased protections for civilians, military workers and journalists during

international armed conflicts.

• It also banned the use of “weapons that cause superfluous injury or unnecessary

suffering,” or cause “widespread, long-term and severe damage to the natural

environment.”
• Protocol II was established because most victims of armed conflicts

since the 1949 Convention were victims of vicious civil wars. The

Protocol stated all people not taking up arms be treated humanely

and there should never be an order by anyone in command for “no

survivors.”
• In addition, children should be well cared for and educated, and the
following is prohibited:
• taking hostages
• terrorism
• pillage
• slavery
• group punishment
• humiliating or degrading treatment
• In 2005, a Protocol was created to

recognize the symbol of the red crystal

—in addition to the red cross, the red

crescent as universal emblems of

identification and protection in armed

conflicts.
• The rules help draw a line, as much as is possible within the context of

wars and armed conflicts between the humane treatment of armed

forces, medical staff and civilians and unrestrained brutality against

them.
Penal Sanctions.

The system is based on three fundamental obligations, which are laid on each Contracting Party namely,

1. the obligation to enact special legislation on the subject,

2. the obligation to search for any person accused of violation of the Convention, and

3. the obligation to try such persons or, if the Contracting Party prefers, to hand them over for trial to

another State concerned. [Article 49]

General rules of common four GCs and
three APs; [Summary with the provisions]
• The following are therefore prohibited at any time and in any place
whatsoever:
Murder, torture, corporal punishment, mutilation, outrages upon
personal dignity, the taking of hostages, collective punishments,
execution without regular trial, and all cruel and degrading treatment
(I-IV, 3 / I-Il, 12 / llI, 13 / IV, 32, 34 / P.I, 75 / P.ll, 4, 6).
23rd April 2020.
• The Conventions and Protocol I prohibit reprisals against the
wounded, the sick and the shipwrecked, medical personnel and
medical services, civilian defence personnel and services, prisoners of
war, civilians, civilian and cultural objects, the natural environment,
and works and installations containing dangerous forces (I, 46 / Il, 47 /
llI, 13 / IV, 33 / P.I, 20, 51-56).
• No-one may renounce or be forced to renounce the protection
accorded him by the Conventions (I-llI, 7 / IV, 8).
• Protected persons must at all times be able to benefit from a
protecting power (the neutral State responsible for safeguarding their
interests) or the International Committee of the Red Cross, or any
other impartial humanitarian organization (I-llI, 8, 9, 10 / IV, 9, 10, 11 /
P.I, 5).
GC I & II and AP I & II provisions
• Wounded, sick and shipwrecked people must be respected and
protected in all circumstances (I, 12 / Il, 12 / P.I, 10 / P. ll, 7).
• There must be no attempt on their lives, nor must they be harmed in
any way. They must be collected and treated humanely and must
receive, to the fullest extent practicable and with the least possible
delay, the medical care and attention required by their condition.
There must be no distinction among them on any grounds other than
medical ones (I, 12, 15 / Il, 12, 18 / P.I, 10 / P.ll, 7).
• Belligerents must care for the wounded, sick or shipwrecked members
of enemy armed forces taken prisoner in the same way as they do for
their own personnel (I, 12, 14 / Il, 12, 16 / P.I, 44).
• All possible measures must be taken, without delay, to search for and
collect the wounded, sick, shipwrecked and missing (I, 15 / Il, 18 / IV,
16 / P.I, 33 / P.ll, 8).
25th April 2020.
• Any particulars which may assist in the identification of the wounded,
sick and shipwrecked must be recorded (I, 16 / Il, 19).
• Furthermore, all possible measures must be taken to collect the dead
and prevent them from being despoiled (I, 15 / Il, 18 / P.I, 33 / P.ll, 8).
• Bodies must be identified and death confirmed, if possible by medical
examination, before being interred, cremated, or buried at sea (I, 16,
17 / Il, 19, 20).
• Medical and religious personnel must wear the distinctive emblem of
the red cross, the red crescent or the red crystal on a white
background (I, 40 / Il, 42 / P.l, 18, Annex I, 3 / P.ll, 12 / P.III, 2) and
carry an identity card (I, 40 / Il, 42 / P.I, Annex I, 1, 2). They may bear
arms for their own defence and that of the wounded and sick (I, 22 /
Il, 35 / P.I, 13).
• If medical and religious personnel fall into enemy hands, they must be
allowed to continue their duties benefiting the wounded and sick (I,
19). No person may be compelled to perform acts contrary to the
rules of medical ethics or to refrain from performing acts required by
those rules (P.I, 16 / P.ll, 10).
• All medical and religious personnel whose detention is not essential
to the care of prisoners must be repatriated (I, 30, 31 / Il, 37). Those
detained may not be considered as prisoners of war and must be
permitted to continue carrying out their work. They must also be
granted certain facilities for their work (I, 28).
• The civilian population must respect the wounded, sick, and
shipwrecked, even if they belong to the adverse party, and may not
commit any act of violence against them (P.I, 17). Civilians are
permitted to collect and care for the wounded and sick, of whatever
nationality, and may not be penalized for doing so. On the contrary,
they must be aided in this work (I, 18).
• Medical units, whether military or civilian, include all buildings and
other permanent installations (hospitals and other similar units),
centres for blood transfusion and preventive medicine, medical
depots and stores, or mobile units (field hospitals, tents, open-air
installations, etc.) set up for medical purposes (I, 19 / P.I, 8, 9, 12 / P.ll,
11). They may not be attacked or damaged, or prevented from
operating, even if, for the moment, they do not contain either
wounded or sick (I, 19).
• The emblem of the red cross, red crescent or red crystal on a white
background, a symbol of aid to the wounded and sick, may be used to
designate facilities, units, vehicles, personnel and supplies entitled to
protection. It may not be otherwise used or displayed without the
consent of the competent authority. It must be scrupulously
respected at all times (I, 38-44 / Il, 41-43 / P.I, 18 / P.ll, 12 / P.III, 2).
GC-III with AP-I [ 27th April 2020]
• Status Members of the armed forces of a party to a conflict (other
than medical and religious personnel) are combatants and any
combatant captured by the adverse party is a prisoner of war (III, 4 /
P.I, 43, 44).

• Such armed forces must be organized, placed under a command

responsible to that party for the conduct of its subordinates and
subject to an internal disciplinary system which enforces compliance
with the rules of international law applicable in armed conflict (P.I,
43).
• Such compliance implies, in particular, that the combatants are
obliged to distinguish themselves from the civilian population, by
means of a uniform or some other distinctive sign, at least while they
are engaged in an attack or in a military operation preparatory to an
attack (P.I, 44).

• In exceptional situations owing to the nature of hostilities, they may

distinguish themselves as combatants by openly carrying arms (P.I,
44).
• In addition, inhabitants of non-occupied territory who, on the
approach of the enemy, spontaneously take up arms to resist the
invading forces (a "levée en masse", i.e. a mass uprising) are also
entitled to the status of prisoner of war, provided they carry arms
openly and respect the laws and customs of war (III, 4).
• Prisoners of war are in the power of the enemy State, but not of the
individuals or troops who have captured them (III, 12).
• Treatment Any person who participates in hostilities and is captured is
presumed to be a prisoner of war and must be treated as such, even if
there is doubt concerning his status, until such time as his status has
been determined by a competent administrative tribunal or court (III,
5 / P.I, 45).
• Prisoners of war are entitled in all circumstances to humane
treatment and respect for their person and their honour (Ill, 13, 14).
Women must be treated with all the regard due to their sex (IlI, 14).
• If questioned, they are bound to give their name and first name, age,
rank and military serial number. They may not be compelled to
provide other information (IlI, 17).
28th April 2020.
• They are entitled to retain their personal belongings. The enemy may
impound their military equipment, except articles of clothing and
eating utensils. Sums of money and valuables must not be taken from
them except against receipt, and must be handed back at the time of
release (III, 18).
• For security reasons, that power may restrict their liberty, but may
not imprison them except for breaches of the law (IlI, 21).
• Any person who, having taken part in hostilities, finds himself
definitively deprived of the status of prisoner of war, is entitled, in
addition to the provisions of the Fourth Convention applicable to him,
to fundamental rights and guarantees concerning respect for his
physical and mental integrity (prohibition of violence to his life and
health) and for his dignity (prohibition of humiliating and degrading
treatment) [P.I, 75].
• In the event of prosecution, he has the right to a fair trial (P.I, 75).
These rights are also recognized in the case of non-international
armed conflicts (I-IV, 3), particularly when such conflicts are especially
intense (P.ll, 4, 6).
• Repatriation Prisoners of war certified seriously ill or wounded must
be directly repatriated, but may not afterwards take up active military
duties (Ill, 109, 117). At the end of active hostilities, prisoners must be
released and repatriated without delay (III, 118).
GC IV
• If the civilian population is inadequately supplied, relief actions
covering food, medical supplies, clothing, etc. must be undertaken,
subject to the consent of the State(s) concerned (IV, 23 / P.I, 70, 71 /
P.ll, 18).
• In occupied territories, if the occupying power cannot guarantee the
food and medical supplies needed by the population under its control,
it must accept relief actions on their behalf (IV, 55, 59 / P.I, 69).
• Women and children must be accorded special respect and must be
protected against any form of indecent assault (IV, 24 / P.I, 76, 77, 78).
• The reunification of dispersed families and the exchange of family
news between separated relatives must be facilitated (IV, 25, 26 / P.I,
74).
29th April 2020.
• Civilians in enemy territory:

• Unless security reasons forbid it, civilians in enemy territory must be

allowed to leave (IV, 35).
• If they do not leave or are detained, they must be treated in the same
way as aliens in general (IV, 38).
• If security reasons make their internment imperative, they must have
the right to appeal, and to have their case impartially reviewed (IV,
41-43).
• Population of occupied territories:

• The civilian population must, as far as possible, be enabled to

continue living as usual. The occupying power is responsible for
maintaining public order (IV, 64).
• Deportations and transfers of population are in general prohibited (IV,
49).
• Persons under 18 years of age are entirely exempt, and enlisted
workers may not be forced to do labour which would involve them in
any way in military operations (IV, 51).
• Pillage and unnecessary destruction of property are prohibited (IV, 33,
53).
• The occupying power is responsible for the welfare of children (IV,
50), the maintenance of the medical and health services (IV, 56), and
the feeding of the population (IV, 55).

• It must allow the entry of relief consignments and facilitate their

transport (IV, 59 to 62).
• In general, the authorities, administration, and public and private
institutions must continue to function (IV, 54, 63, 64).
• Occupying power may try accused persons before its own courts (IV,
66), but no sentence may be pronounced without a regular trial (IV,
71). It may, for imperative security reasons, intern certain persons (IV,
78).
• All these measures are, however, governed by explicit provisions and
subject to the supervision of the protecting power (IV, 65-77, 78, 136,
137, 143).
• They must at all times be humanely treated (IV, 27). No coercion may
be exercised against them (IV, 31).

• Women must be especially protected against any attack on their

honour, and in particular against rape and any other form of indecent
assault (IV, 27).
• The State in whose hands these civilians find themselves is
responsible for the treatment accorded to them by its civilian officials
and military personnel (IV, 29).
• Finally, should they be interned – a measure which cannot be applied
as a form of punishment – they are entitled to treatment which must,
in general and taking into account the fact that they are civilians, be
on a par with that of prisoners of war (IV, 79-135).
ADDITIONAL PROTOCOL I

• The basic principle underlying these rules is that the right of the
warring parties to choose methods and means of warfare is not
unlimited.

• It follows that it is prohibited to use arms, projectiles and materials

and methods of warfare that cause superfluous injury or unnecessary
suffering (P.I, 35).
• It is prohibited to kill, injure or capture an adversary by resorting to
perfidy (P.I, 37).
• The recognized emblems (red cross, red crescent and red crystal
emblem, white flag, protective emblem of cultural property, etc.)
must not be misused (P.I, 38 / P.III, 1, 2).
 WRONG
INTERPRETATION MISUSE OF THE EMBLEM PERFIDY OF THE EMBLEM
OF THE EMBLEM
• The use of nationality emblems of adverse parties or other States not
party to the conflict is prohibited (P.I, 39).

• The Protocol thus affirms that the law of armed conflict requires a
degree of fairness on the part of the combatants.
• It is prohibited to refuse quarter (P.I, 40). An adversary who is not or
no longer able to take part in hostilities, who has surrendered or who
clearly expresses the intention of surrendering, must not be made the
object of attack (P.I, 41, 42).
• A captor who lacks the means to evacuate his prisoners must release
them (P.I, 41).
• Any person not belonging to the armed forces is a civilian (P.I, 50).
Civilian objects are all objects which are not military objectives, i.e.
which do not make an effective contribution to military action and
whose destruction, capture or neutralization would not, in the
circumstances prevailing at the time, offer a definite military
advantage (P.I, 52).
• Indiscriminate attacks are prohibited (P.I, 51). Not only must civilians
and civilian objects not be the object of attack, but every feasible
precaution must also be taken, in attacking or locating military
objectives, to avoid, and in any event minimize, incidental civilian losses
and damage (P.I, 57, 58).
• In no case, may these losses and / or damage be excessive with regard
to the concrete and direct military advantage anticipated (P.I, 51, 57).
• Nor may civilians be used to render, by their presence or their
movements, certain points or areas immune from military operations
(P.I, 51).
• It is prohibited to starve the civilian population of the adverse party,
to destroy objects indispensable to their survival, and to cause
widespread, long-term and severe damage to the environment (P.I,
54, 55).
• Cultural objects, installations containing dangerous forces,
undefended localities, demilitarized zones (including safety zones and
neutralized zones), and the personnel and installations of civil defence
organizations all enjoy special protection, and provision is made for
their appropriate marking and identification (P.I, 53, 56, 59, 60 and
61-67, Annex I, Chap. V and VI).
• The prohibition on attacking the civilian population, destroying
objects indispensable to their survival and on attacking installations
containing dangerous forces and cultural objects applies equally to
non-international armed conflicts (P.ll, 13, 14, 15, 16).
• It is the responsibility of military commanders, in particular, to see
that these rules are observed (P.I, 86, 87).
• Any questions on any provisions mentioned in this PPT? [GCs and Aps]