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IHL

International humanitarian law

What is international Humanitarian law?

History gives a brief description of the sources, content and scope of international humanitarian law rules.

• International humanitarian law is a set of rules for humanitarian reasons, to limit the effects of armed conflict. protects individuals who are no longer or not participating in hostilities and restricts the means and methods of war. International law is also known as humanitarian law of war or armed conflict law.

• International humanitarian law is part of international law, which is the set of rules governing relations between states. International law is contained in the agreements between States – treaties or conventions – in the customary rules, which consist of State practice considered by them as binding, and general principles.

• International humanitarian law applicable in armed conflict. Not responsible for regulating whether a state can use force, governed by an important but a separate part of law International enshrined in the Charter of the United Nations.

Where international law humanitarian originate?

International humanitarian law is based on the rules of ancient civilizations and religions – warfare has always been subject to certain principles and customs.

universal codification of international humanitarian law began the nineteenth century. Since that time, States have agreed on rules of thumb, from the bitter experience of modern warfare. These rules strike a balance between humanitarian concerns and military requirements States. As the international community has increased, an increasing number of States have helped to develop these standards. Forms of international humanitarian law today the universal body of law.

History of convergence of international humanitarian law and the laws of war

For most of the 20th century, international humanitarian law or the law of Geneva "was awarded the" Hague Law "or the laws of war itself. The Hague law "determined rights and duties of belligerents in the conduct of operations and limit the choice of means of doing harm." In particular, deals with the definition of combatants, establishes rules concerning the means and methods of war and examines the question of military objectives.

Meanwhile, the law of Geneva, which focuses mainly on human beings as victims of war, is directly based on the principle of humanity. Refers those who are not involved in military conflict and combat personnel. Provides the legal basis for protection and humanitarian assistance carried out by organizations impartial humanitarian as the International Committee of the Red Cross. This approach can be found in the Geneva Conventions.

With the adoption Protocols from 1977 to the Geneva Convention, the two strains of law have begun to converge. Even before the article focuses on humanity can be found in the Hague law (Namely, the protection of some prisoners of war and civilians in the occupied territories) points later incorporated in the law of Geneva in 1929 and 1949). However, Protocols of 1977 relating to the protection of victims in international and internal conflicts, not only as incorporated aspects of the law of The Hague and the right Geneva, but important human rights issues.

Where International humanitarian law is this?

Much of international humanitarian law contained in the Geneva Convention four 1949 Conventions. Almost all states in the world agree bound by them. The conventions have been developed and completed two

Agreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflict. Other agreements prohibit the use of certain weapons and military tactics and protection of certain categories of persons and property.

These agreements include:

Ø The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols;

And the 1972 Convention on biological weapons;

Ø 1980 Convention on Conventional Weapons and its five protocols;

Ø The Convention 1993 Chemical Weapons;

Ø In 1997 Ottawa Convention on landmines;

Ø The Protocol Optional 2000 to the Convention on the Rights of the Child on the involvement of children in armed conflict. Many of the provisions of international humanitarian law is now accepted as common law – which is one of the general rules by which all states are kept.

When international law humanitarian apply?

International humanitarian law applies only to armed conflict, does not cover internal tensions or violent riots and acts in isolation. The law applies only when the conflict has begun, and then also for all parties, regardless of who started fighting. The International humanitarian law distinguishes between international armed conflict and international.

International armed conflict are those in which at least two States involved. Are subject to a wide range of standards, including those contained in Conventions Four Geneva Protocol I.

-international armed conflicts are not reserved in the territory of Only state, involving either regular armed forces, armed groups armed dissidents, or armed groups fighting each other. One more limited number of internal armed conflict and rules are established Article 3 common to the article Geneva Conventions and Additional Protocol II. It is important to differentiate between international humanitarian law and human rights law. Although

some of its provisions are similar those two bodies of laws that have developed separately and are contained in various treaties. In particular, human rights standards to the difference in applicable international humanitarian law in peacetime, and many of its provisions can be suspended during armed conflict.

What is international humanitarian law cover?

International humanitarian law comprises two components:

Ø the protection of those or more are not taking part in the fighting;

Ø restrictions on means of warfare – in particular weapons and methods of warfare as a tactic military.

The basic rules of international humanitarian law

1. Persons hors de combat those not participating in hostilities must be protected and treated humanely.
2. It is forbidden to kill or wound an enemy surrenders or who is hors de combat.
3. The wounded and sick must be cared for and protected by the party to the conflict that has power. The Emblem of the Red Cross or Red Crescent must be respected as a sign of protection.
4. Captured combatants and civilians must be protected against violence and reprisals. They have the right to correspond with family and receive relief.
5. No one shall be subjected to torture, corporal punishment or cruel or degrading.
6. The parties to a conflict and members of armed forces do not have unlimited choice of methods and means of warfare.
7. The parties to a conflict must distinguish all times between civilians and combatants. The attacks are directed solely against military objectives.

What is the "protection"?

International humanitarian law protects those who do not participate in combat, such as doctors civilian and military and religious personnel. It also protects those who have ceased to participate as combatants wounded, sick and shipwrecked, and prisoners of war. These categories people are entitled to respect for his life and physical and mental health. They also enjoy legal protection. It has to be protected and treated humanely in all circumstances, without any adverse distinction. More precisely: it is forbidden to kill or wound an enemy who surrenders or is unable to combat the sick and wounded must be collected and cared by the party in whose hands they are. Medical personnel, supplies, hospitals and ambulances should be protected. Also the provisions governing the conditions of detention prisoners of war and how civilians should be treated as under the authority of a hostile power. This includes providing food, shelter and medical care and the right to exchange messages with their families. The law establishes a series of symbols that can be clearly recognizable used to identify protected people, places and objects. The main symbols are the Red Cross and Red Crescent symbols of identification of cultural facilities and civil defense.

What have restrictions on weapons and tactics?

International humanitarian law prohibits all means and methods of warfare:

Ø not discriminate among those who take part in the fighting and that, as civilians, who are, in order to protect the civilian population, civilian persons and civilian

Ø cause superfluous injury or unnecessary suffering;

Ø cause severe or long-term environmental environment. Humanitarian law has prohibited the use of numerous weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and landmines.

International humanitarian law is effectively implemented?

Unfortunately there are many examples violation of international humanitarian law. Increasingly, war victims are civilians. However, there are important cases where international humanitarian law has made a difference in the protection of civilians, prisoners, the sick and wounded, and limiting the use of barbaric weapons. In this branch of law is applied during periods of extreme violence, law enforcement will always be a matter of great difficulty. That said, the struggle for respect is more urgent than ever.

What to do to enforce the law?

It should take measures to ensure compliance with international humanitarian law. States have an obligation to teach the rules of their armed forces and the general public. It must prevent violations or punish them if they produce, however. In particular, should adopt laws that punish the most serious violations of the Geneva Conventions and their Additional Protocols, which are considered war crimes. States should also adopt laws that protect the Red Cross and Red Crescent emblems. Measures were also taken at the international level: the courts were created to punish acts in two recent conflicts (the former Yugoslavia and Rwanda). An International Criminal Court, the responsibility for the execution of war crimes, among other things, was created by the 1998 Rome Statute. Whether as individuals or by governments and various organizations, we can all make a significant contribution to the implementation of humanitarian law internationally.

About the Author

Ashish Gupta
5th Year, B.B.A.LL.B
Symbiosis Law School,Pune

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