International Humanitarian Law

Jul 11, 2024

International Humanitarian Law

Overview

  • Protects people globally by limiting suffering caused by war.
  • 1949 Geneva Conventions: Agreed by countries worldwide.
    • Distinguishes between combatants & non-combatants (wounded, civilians, POWs).
    • Adapts to challenges of modern warfare.

Geneva Conventions

First Convention

  • Protects wounded & sick soldiers.
  • Ensures humane treatment, medical care, protection from violence.
  • Protects medical personnel & facilities.
  • Recognizes Red Cross & Red Crescent as signs of protection.

Second Convention

  • Adapts First Convention to armed forces at sea.
  • Protects the wounded, sick, & shipwrecked.

Third Convention

  • Protects prisoners of war (POWs).
    • Humane treatment, no murder or torture.
    • Protection against sexual violence.
    • Specific protections for groups at particular risk (e.g., women).
    • Adequate food, water, clothing, shelter, medical attention.
    • Communication rights: Write home, ICRC visits.
    • Release without delay post-hostilities.

Fourth Convention

  • Protects civilians, especially in adversaries' hands.
    • Humane treatment, prohibition of murder/torture/sexual violence.
    • Specific protections for at-risk groups (e.g., women & children).
    • Occupying power: Ensure food & medical supplies.
    • Humanitarian relief, protection for interned civilians, ICRC visit rights.
  • Applied without discrimination (race, sex, nationality, religion, politics).

Article 3 (Common to Conventions)

  • Fundamental protections in non-international armed conflicts (involving non-state parties).
    • Essential due to majority of current conflicts being non-international.

Additional Protocols

Protocol 1

  • Safeguards international armed conflicts, dictates hostilities conduct.

Protocol 2

  • Rules for certain non-international armed conflicts.

Protocol 3

  • Recognizes the Red Crystal as an additional emblem.

Customary International Law

  • Complements treaties in all types of armed conflicts.

Importance

  • Upholds humanity in conflict.
  • Prevents creation of insurmountable grievances.
  • Facilitates return to peace when respected.