Understanding The Law Of War: When Does It Apply?

The law of war, or international humanitarian law (IHL), is a component of international law that regulates the conditions for initiating war and the conduct of hostilities. The law of war is considered distinct from other bodies of law, such as the domestic law of a belligerent country, and is made up of treaties and customary international law. The rules of war are universal and aim to maintain humanity in armed conflicts, saving lives and reducing suffering. The four Geneva Conventions, ratified by 196 countries, set out how soldiers and civilians should be treated in war.

International humanitarian law (IHL)

IHL is made up of treaties and customary international law. The Geneva Conventions are central to IHL and have been ratified by all 196 states, making IHL a universal body of law. The Geneva Conventions and their Additional Protocols form the basis of modern IHL. The four Geneva Conventions of 1949 set out how soldiers and civilians should be treated during war. They protect the sick, wounded, medical and religious personnel during conflict; provide care for the wounded, sick and shipwrecked during war at sea; outline the humane treatment of prisoners of war; and protect all civilians, including those in occupied territory. Two Additional Protocols were adopted in 1977, which expanded the rules, and a third was agreed upon in 2005, which recognised an additional emblem, the red crystal.

IHL seeks to limit the effects of armed conflict by imposing restrictions on the means and methods of warfare, such as the use of certain weapons. It protects persons who do not, or no longer, take part in the fighting, including civilians, medics, aid workers, the wounded, the sick, shipwrecked troops, prisoners of war, and other detainees. It also offers two systems of protection: one for international armed conflict and another for non-international armed conflict. IHL is binding on all parties fighting in a conflict, including governmental forces and non-state armed groups.

IHL is applicable only in situations of armed conflict. While a few obligations require implementation in peacetime, such as adopting legislation and providing training on IHL, it does not apply outside of armed conflict. Some rules of IHL continue to protect victims of armed conflicts even after they have ended, such as detainees or missing persons.

The law of war and self-defence

The law of war, or international humanitarian law (IHL), is a component of international law that regulates the conditions for initiating war and the conduct of hostilities. The law of war defines sovereignty and nationhood, states and territories, occupation, and other critical terms of law.

The law of war is distinct from other bodies of law, such as the domestic law of a belligerent to a conflict, which may provide additional legal limits to the conduct or justification of war. The law of war is binding on states as well as individuals, particularly members of their armed forces.

The roots of the international law of war can be traced back to ancient times, with early sources such as the Code of Hammurabi, the Mahabharata, and the Bible and Qur'an containing rules of respect for adversaries and protection of civilians. However, the concept of a formal law of war began to emerge in the Middle Ages in Europe, with the precepts of Christianity providing vague guidelines for conduct on the battlefield.

The modern law of war is derived from three principal sources: lawmaking treaties or conventions, custom, and general principles. The Geneva Conventions, ratified by all 196 states, form the core element of IHL and set out the rules for how soldiers and civilians should be treated during war.

IHL applies only in situations of armed conflict and offers two systems of protection: one for international armed conflicts (IACs) and another for non-international armed conflicts (NIACs). IACs involve armed conflicts between two or more states, while NIACs involve governmental forces fighting against non-state armed groups or such groups fighting each other.

The law of war includes the principle of self-defence, which recognises that no system of law can prevent a state or individual from using force in self-defence. This principle is balanced with the need to limit the impact of warfare on non-combatants, such as women, children, and other civilians. IHL also prohibits torture and requires humane treatment of detainees.

The law of war also regulates the means and methods of warfare, including the use of certain weapons. For example, IHL prohibits the use of weapons that cause unnecessary suffering or are indiscriminate in their targeting. This includes biological and chemical weapons, anti-personnel mines, and cluster munitions.

Overall, the law of war seeks to maintain humanity in armed conflicts, save lives, and reduce suffering by balancing the need to weaken the enemy with the need to limit harm to non-combatants and civilians.

War crime

The laws of war, or international humanitarian law (IHL), are a set of international rules that set out what can and cannot be done during an armed conflict. War crimes are serious violations of IHL. States must investigate war crimes committed by their nationals, armed forces, or on their territory and, if possible, prosecute the suspects. Individuals can be prosecuted for war crimes, which can be investigated and prosecuted by any state or, in certain circumstances, by an international court. War crimes can also be investigated and prosecuted by the state in which they were committed or by the state of which the accused is a national.

Some examples of war crimes include:

• Deliberately targeting civilians who are not directly taking part in hostilities
• Pillage
• Hostage-taking
• Making religious or cultural objects the object of attack, provided they are not military objectives
• Torture and other forms of inhumane treatment
• Child recruitment
• Rape and other forms of sexual violence

The prosecution of war crimes is essential to upholding the laws of war and deterring future violations. It also provides a measure of justice and accountability for victims and their families.

The International Criminal Court (ICC) is an important institution for prosecuting war crimes, and it has jurisdiction over war crimes committed in the territory of a state party or by a national of a state party. The ICC is complementary to domestic courts, and it can only prosecute if the state is unwilling or unable to genuinely carry out the investigation or prosecution.

Treaties and customary international law

Customary international law is often used to fill gaps where treaties are not applicable or where treaty law is less developed. For example, customary rules are used to fill gaps in the case of non-international armed conflicts (NIACs). Customary rules bind all parties to an armed conflict.

The Martens Clause, which first appeared in one of the 1899 Hague Conventions, is another source of customary international law. It avoids any lacuna in the law by providing the following:

> Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of public conscience.

The law of war, or international humanitarian law (IHL), is a set of international rules that set out what can and cannot be done during an armed conflict. The Geneva Conventions and their Additional Protocols are the core elements of IHL and have been ratified by all 196 states. The Geneva Conventions were adopted in 1949 to take into account the experiences of the Second World War and continue to apply to armed conflicts today. Two Additional Protocols were adopted in 1977, and a third in 2005.

IHL seeks to maintain humanity in armed conflicts, save lives, and reduce suffering by regulating how wars are fought and balancing two aspects: weakening the enemy and limiting suffering. IHL is universal and applies only in situations of armed conflict. It offers two systems of protection: one for international armed conflict and another for non-international armed conflict.

The role of the International Committee of the Red Cross (ICRC)

The International Committee of the Red Cross (ICRC) is a humanitarian organisation based in Geneva, Switzerland. It is a three-time Nobel Peace Prize laureate, having won the award in 1917, 1944, and 1963. The ICRC is part of the International Red Cross and Red Crescent Movement, which also includes 191 National Red Cross and Red Crescent Societies and the International Federation of Red Cross and Red Crescent Societies (IFRC).

The ICRC was founded in 1863 by Swiss businessman Henry Dunant, who was shocked by the aftermath of the Battle of Solferino, which he witnessed in 1859. Dunant devoted several days to helping treat and care for the wounded soldiers and then wrote a book, 'A Memory of Solferino', in which he advocated for the formation of national relief organisations to aid wounded soldiers in times of war.

The ICRC has played an instrumental role in the development of the rules of war and the promotion of humanitarian norms. It has a mandate from state parties (signatories) to the Geneva Convention of 1949 and its Additional Protocols of 1977 and 2005 to protect victims of international and internal armed conflicts. These victims include war-wounded persons, prisoners, refugees, civilians, and other non-combatants.

The ICRC's official mission statement says:

> The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organisation whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance.

The ICRC's core tasks, which are derived from the Geneva Conventions and its statutes, include:

• Monitoring compliance of warring parties with the Geneva Conventions
• Organising nursing and care for those wounded on the battlefield
• Supervising the treatment of prisoners of war and making confidential interventions with detaining authorities
• Helping with the search for missing persons in an armed conflict
• Organising protection and care for civilian populations
• Acting as a neutral intermediary between warring parties

The ICRC also undertakes tasks that are not specifically mandated by law, such as visiting political prisoners outside of conflict and providing relief in natural disasters.

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