Humanitarian Law: Armed Conflict Exclusivity?

International Humanitarian Law (IHL) is a set of rules that limit the effects of armed conflict by protecting individuals who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. It is also known as the law of armed conflict or the law of war. IHL is based on the Geneva Conventions and customary international law, and it applies only during times of armed conflict. It does not cover internal tensions or disturbances such as isolated acts of violence. The laws apply equally to all sides of a conflict, regardless of who started the fighting, and distinguish between international and non-international armed conflicts. While IHL is traditionally seen as distinct from international human rights law, the two branches of law are complementary and overlap in some ways.

International humanitarian law (IHL) is a set of rules that seeks to limit the effects of armed conflict

International humanitarian law (IHL), also referred to as the laws of armed conflict or the law of war, is a set of rules that seeks to limit the effects of armed conflict. It is a branch of international law that aims to protect persons and property/objects impacted by armed conflict, and restrict the means and methods of warfare available to combatants.

IHL is based on the principle of humanity and the mitigation of human suffering. It defines the conduct and responsibilities of nations and armed groups engaged in warfare, and their relationship with protected persons, typically non-combatants. The rules are designed to protect civilians, humanitarian and medical workers, and establish standards for the treatment of prisoners of war, the wounded, and the sick.

IHL is inspired by ancient civilisations and religions, and seeks to balance legitimate military action with the reduction of human suffering, particularly among civilians. It operates with a strict division between rules applicable to international and internal armed conflicts.

IHL is distinct from international human rights law, which governs a state's conduct towards its citizens, although the two branches of law do overlap in some areas. IHL is comprised of two historical streams: the Law of The Hague, or the laws of war proper; and the Law of Geneva, or humanitarian law.

The Law of The Hague defines combatants, establishes rules for the means and methods of warfare, and examines military objectives. Meanwhile, the Law of Geneva, directly inspired by the principle of humanity, provides legal protection and humanitarian assistance to those not participating in the conflict and to military personnel outside of combat.

IHL prohibits certain weapons and military tactics, such as anti-personnel landmines, biological and chemical weapons, and cluster munitions. It also ensures the protection of civilians, humanitarian and medical workers, prisoners of war, and non-combatants.

IHL protects victims of armed conflicts, including civilians and those no longer taking part in hostilities

International humanitarian law (IHL) is a set of rules that seek to limit the effects of armed conflict by protecting victims, including civilians and those no longer taking part in hostilities. It is also known as the law of war or the law of armed conflict.

IHL protects those who are not participating in hostilities, as well as restricting and regulating the means and methods of warfare available to combatants. It is a branch of international law that aims to balance humanitarian concerns and military necessity, subjecting warfare to the rule of law.

IHL defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, who are usually non-combatants. Protected persons include those hors de combat (outside of combat) or not taking part in hostilities, such as civilians, medical and humanitarian workers, and the wounded, sick, and shipwrecked.

IHL also protects prisoners of war, refugees, and those deprived of their liberty. It ensures special protections for vulnerable people, including foreign nationals in the power of a party to a conflict, civilian internees, and women and children.

IHL prohibits the use of certain weapons and military tactics that cause unnecessary suffering or indiscriminate harm to civilians. It also ensures the protection of civilian objects, such as shopping malls, schools, and homes, through general and specific provisions.

IHL is based on the 1949 Fourth Geneva Convention on protecting civilians in conflict and the 1977 and 2005 Additional Protocols. The Geneva Conventions and their Additional Protocols form the core of IHL, with the conventions focusing on the protection of civilians and those who can no longer fight in an armed conflict.

IHL violations have significantly increased in the past decade, including attacks on humanitarian workers and medical personnel. As a result, the EU has adopted guidelines and launched partnerships to promote compliance with IHL and prevent violations.

IHL prohibits and regulates the use of certain weapons and methods of warfare

International Humanitarian Law (IHL) regulates the use of weapons and prohibits the use of some weapons per se. Not only is their use prohibited, but so is their production, transfer, and stockpiling.

IHL prohibits the use of weapons that are indiscriminate or that cause superfluous injury or unnecessary suffering. This is an ancient principle, linked to the axiom that the right of parties to a conflict to choose methods or means of warfare is not unrestricted.

Specific restrictions and prohibitions concerning means of warfare (weapons) and prohibitions against methods of warfare have been derived from these principles. The use of a specific weapon in armed conflict can be completely prohibited, and the weapon itself considered unlawful. Examples include anti-personnel mines, cluster munitions, and chemical weapons.

Alternatively, the use of a weapon may be restricted in certain situations. For instance, the use of air-delivered incendiary weapons against a military objective situated in an area with a concentration of civilians is prohibited.

IHL also regulates developments in weapons technology and the acquisition of new weapons by states. States are under the obligation to determine whether the use of a new weapon would be prohibited by IHL in some or all circumstances.

• Anti-personnel mines: The Ottawa Treaty of 1997 prohibits the use, production, stockpiling, and transfer of anti-personnel landmines.
• Cluster munitions: The Convention on Cluster Munitions (CCM) is an international treaty that prohibits all use, production, transfer, and stockpiling of cluster munitions.
• Biological and chemical weapons: The use of biological and chemical weapons is prohibited by the 1925 Geneva Protocol, the 1972 Biological Weapons Convention, and the 1993 Chemical Weapons Convention.
• Blinding laser weapons: The 1980 Convention on Certain Conventional Weapons includes a ban on blinding laser weapons.
• Explosive remnants of war: The 1980 Convention on Certain Conventional Weapons addresses the issue of explosive remnants of war, requiring parties to a conflict to take measures to reduce the dangers posed by unexploded and abandoned ordnance.
• Denial of quarter: Ordering that no quarter will be given and threatening an adversary accordingly or conducting hostilities on this basis is prohibited. An adversary's forces must be given an opportunity to surrender and be taken prisoner.
• Starvation: Starving the civilian population as a method of warfare is prohibited. Attacking, destroying, removing, or rendering useless objects indispensable to the survival of the civilian population is also prohibited.

In summary, IHL prohibits and regulates the use of certain weapons and methods of warfare to limit the effects of armed conflict and protect persons who are not participating in hostilities. It imposes limits on the means and methods of warfare available to combatants.

IHL applies only during times of armed conflict and equally to all sides, regardless of who started the fighting

International Humanitarian Law (IHL), also referred to as the laws of armed conflict or the law of war, is a set of rules that seek to limit the effects of armed conflict. It protects those who are not participating in hostilities and restricts the means and methods of warfare available to combatants. It defines the conduct and responsibilities of warring nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning non-combatants.

IHL applies only during times of armed conflict. It does not cover internal tensions or disturbances such as isolated acts of violence. The laws are activated once a conflict has begun and apply equally to all sides, regardless of who started the fighting.

IHL is based on the 1949 Fourth Geneva Convention on protecting civilians in conflict and the 1977 and 2005 Additional Protocols. The Geneva Conventions are the result of a process that developed in several stages between 1864 and 1949. They focused on the protection of civilians and those who could no longer fight in an armed conflict. As a result of World War II, all four conventions were revised and readopted by the international community in 1949.

IHL is traditionally seen as distinct from international human rights law, which governs the conduct of a state towards its people. However, the two branches of law are complementary and do overlap in some ways.

IHL is inspired by humanitarian considerations and the mitigation of human suffering. It is designed to balance humanitarian concerns and military necessity, subjecting warfare to the rule of law. It is a branch of international law that comprises a set of rules established by treaty or custom. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law.

IHL operates with a strict division between rules applicable to international and internal armed conflict. International armed conflicts usually involve at least two countries and are subject to a wide range of rules, including those set out in the four Geneva Conventions and Additional Protocol I. Non-international armed conflicts usually take place within the territory of a single country and have a more limited range of applicable rules, as set out in Common Article 3 of the four Geneva Conventions and Additional Protocol II.

IHL stipulates that combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war

International Humanitarian Law (IHL) is a set of rules that seeks to limit the effects of armed conflict. It protects those who are not participating in hostilities and restricts the means and methods of warfare available to combatants.

For example, combatants must wear a distinctive uniform or badge and carry weapons openly. Engaging in combat without meeting these requirements is a violation of the laws of war. Additionally, combatants are required to follow the conditions of operating under responsible command and respect IHL. If they break these provisions, they lose their status as prisoners of war but are still entitled to fundamental rights and protections.

The distinction between combatants and civilians is a cardinal principle of IHL. Civilians who directly participate in hostilities lose their protection and become legitimate military targets. However, this protection is not permanently lost; it is regained when they are no longer participating in hostilities. This creates a "revolving door" of civilian protection, making it challenging for combatants to determine who is a legitimate target.

IHL also defines who is considered a combatant. Combatants are individuals belonging to the armed forces with the right to participate in hostilities. They are lawful military targets and are granted immunity from prosecution for acts of war, such as killing enemy combatants and destroying enemy property. Combatants who violate the rules of war lose their protections and status as prisoners of war but are still entitled to certain rights.

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