Publication date: 27.06.2024
Lawyer
Rules of international humanitarian law
International humanitarian law (IHL) is a branch of international law that establishes rules governing the behavior of participants in armed conflicts and protects persons who are not involved in hostilities or have ceased to participate in them. The main purpose of IHL is to reduce human suffering during war and to ensure the protection of human rights. IHL is based on international treaties, in particular the Geneva Conventions of 1949 and their Additional Protocols, as well as customary international law.
Basic principles of international humanitarian law
The principle of humanity
The principle of humanity requires that parties to an armed conflict respect human life and dignity. Parties to the conflict are obliged to avoid causing unnecessary suffering and destruction, and to ensure humanitarian protection of civilians, the wounded, sick and prisoners of war. This includes the prohibition of torture, ill-treatment and degrading treatment.
The principle of distinction
The principle of distinction obliges parties to a conflict to distinguish between combatants (persons taking part in hostilities) and non-combatants (civilians and others not taking part in hostilities). All attacks must be directed exclusively at combatants and military objectives. Civilian objects, such as residential buildings, schools and hospitals, must not be targeted.
The principle of proportionality
The principle of proportionality prohibits attacks that may result in excessive civilian casualties or harm to the civilian population that is not proportionate to the expected military advantage. This means that military action must be balanced to minimize damage to civilians and property.
The principle of necessity
The principle of necessity allows the use of force only to the extent necessary to achieve a legitimate military objective. This includes the choice of methods and means of warfare that ensure the achievement of this objective with minimal loss and destruction.
Geneva Conventions and their Additional Protocols
The Geneva Conventions of 1949 consist of four treaties that, together with three additional protocols, form the basis of modern international humanitarian law. They establish the rules for the protection of wounded and sick soldiers, prisoners of war, and civilians during armed conflicts.
The First Geneva Convention
The First Geneva Convention concerns the improvement of the fate of the wounded and sick in armed forces. It stipulates that wounded and sick soldiers must be protected and receive medical care without discrimination.
The Second Geneva Convention
The Second Geneva Convention addresses the improvement of the lot of wounded, sick and shipwrecked members of armed forces at sea. It extends the protection provided by the First Convention to naval forces and shipwrecks.
The Third Geneva Convention
The Third Geneva Convention deals with the treatment of prisoners of war. It establishes the rights of prisoners of war and the obligations of the parties to the conflict to protect them. In particular, prisoners of war have the right to humane treatment, adequate food, medical care, and contact with their families.
The Fourth Geneva Convention
The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. It establishes rules for the protection of civilians in occupied territories and during hostilities, including the prohibition of deportations, collective punishment and reprisals.
Additional Protocols
Additional Protocols to the Geneva Conventions expand and clarify the rules of international humanitarian law. The First Additional Protocol (1977) concerns the protection of victims of international armed conflicts and contains detailed rules on the protection of civilians. The Second Additional Protocol (1977) relates to the protection of victims of non-international armed conflicts and establishes minimum standards of humanitarian protection. The Third Additional Protocol (2005) introduces a new emblem, the red crystal, to distinguish medical and humanitarian organizations.
Customary international humanitarian law
Customary international humanitarian law consists of rules that have arisen from the established practice of states and are recognized by the international community as legally binding. These rules complement treaty law and can be applied to all parties to a conflict, regardless of whether they are parties to the relevant treaties.
Protection of cultural property
International humanitarian law also provides for the protection of cultural property during armed conflicts. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols establish rules for the protection of monuments, museums, libraries and other cultural sites from destruction and looting.
International Criminal Court
The International Criminal Court (ICC) was established by the 1998 Rome Statute to prosecute those responsible for the most serious international crimes, including war crimes, crimes against humanity, and genocide. The ICC is an independent international judicial body that has jurisdiction over crimes committed on the territory of states that have ratified the Rome Statute or committed by nationals of those states.
Challenges and prospects
Despite the existence of international humanitarian law, its compliance remains a serious problem. Many armed conflicts are accompanied by serious violations of IHL, including attacks on civilians, the use of prohibited weapons and other war crimes. An important task of the international community is to ensure effective compliance with IHL and bring to justice those who violate it.
To summarize, international humanitarian law plays a key role in protecting humanity in time of war. It establishes humanitarian standards that must be observed by all parties to an armed conflict and provides a legal basis for prosecuting war crimes. However, to ensure effective protection of human rights, it is necessary to constantly improve the mechanisms of compliance and application of IHL in modern conditions.
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