The Geneva Conventions continue to remind us most forcefully of our common obligation to care for each other - Nelson Mandela
What is IHL?
International Humanitarian Law (IHL) is a set of rules which place restrictions on the use of weapons and methods of warfare. It protects people who are not, or no longer, participating in hostilities. ILH aims to protect human dignity and to limit suffering during times of war. It is also known as the law of war or the law of armed conflict.
IHL is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States - treaties or conventions -,in customary rules, whicu consist of State practice considered by them as legally binding, and in general principles.
IHL applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
Where did IHL originate?
Iternational Humanitarian Law is rooted in the rules of ancient civilizations and religions - warfare has always been subject to certain prnciples and customs.
Universal codification of intenational humanitarian law began in the 19th century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. These rules strike a careful balance between humanitarian concerns and the military requirements of States.
As the international community has grown, an increasing number of States have contributed to the development of those rules. IHL forms today a universal body of law.
Where is IHL to be found?
A major part of IHl is contained in the four Geneva Conventions of 1949. Nearly every State in the world has agreed to be bound by them. The Conventions have been developed and supplemented by two further agreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflicts.
Other agreements prohibit the use of certain weapons and military tatctics and protect certain categories of people and goods. These agreements include:
- the 1954 Convention for the Protection of Cultural Property in the Event of Armed conflict, plus its two protocols;
- the 1972 Biological Weapons Convention;
- the 1980 Conventional Weapons Conventionand its five protocols;
- the 1993 Chemical Weapons Convention;
- the 1997 Ottawa Convention on anti-personnel mines;
- the 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
Many provisions of IHL are now accepted as customary law - that is, as general rules by which all States are bound.
Why is IHL Important?
IHL is one of the most powerful tools the international community has at its disposal to ensure the safety and dignity of people in times of war. It seeks to preserve a measure of humanity, with the guiding principle that even in war there are limits.
How does IHL Protect?
IHL prohibits the use of weapons which are particularly cruel or which do not distinguish between combatants and civilians. It also requires the parties to a conflict to:
- distinguish between combatants and civilians, and to refrain from attacking civilians;
- care for the wounded and sick and protect medical personnel;
- ensure that the dignity of prisoners of war and civilian internees is preserved by allowing visits by ICRC delegates.
When does IHL Apply?
IHL concerns two situations:
- international armed conflicts which involve at least two countries;
- armed conflicts that take place in one country (such as those between a government and rebel forces). IHL applies to all parties to a conflict regardless of who started it.
Who does IHL Protect?
IHL protects thao who are not, or no longer, participating in hostilities, such as:
- civilians;
- medical and religious military personnel;
- wounded, shipwrecked and sick combatants;
- prisoners of war.
Recognizing their specific needs, IHL grants wormen and children additional protection.
Based from International Committee of the Red Cross (ICRC) Primer
No comments:
Post a Comment