Overview of International Humanitarian Law

Aug 22, 2024

Notes on International Humanitarian Law and the Geneva Convention

Introduction to Violence and War

  • Humans have historically resorted to violence to resolve conflicts.
  • Efforts have been made throughout history to mitigate the brutality of war.

The Geneva Convention of 1864

  • Established as a response to humanitarian needs during wartime.
  • Marked the beginning of modern international humanitarian law (IHL).
  • Set basic limits on how wars can be conducted.

Universal Laws of War

  • Protects those not directly involved in the fighting.
  • Distinction must be made between combatants and non-combatants:
    • Combatants: Those actively fighting in a war.
    • Non-combatants: Civilians and those who can no longer fight (e.g., the injured, prisoners).

Protection of Civilians

  • Civilians must never be targeted; targeting them is a war crime.
  • Efforts must be made to avoid harming civilians or destroying essential resources.
  • Civilians have a right to receive assistance and protection during conflicts.

Treatment of Prisoners of War (POWs)

  • IHL prohibits torture and inhumane treatment of detainees, regardless of their past actions.
  • POWs must be provided with:
    • Food and water.
    • Communication with loved ones.
  • Preserving dignity is crucial for both humanity and survival.

Role of Medical Workers

  • Medical personnel must be allowed to operate freely and without threat.
  • All wounded individuals have the right to medical care, regardless of their side in the conflict.
  • Attacks on medical services (e.g., Red Cross or Red Crescent) are prohibited.

Advances in Weapons Technology

  • New weapons and methods of warfare challenge existing rules of war.
  • Some technologies may not distinguish between combatants and civilians.
  • Future warfare may involve autonomous robots:
    • Question of whether they can make ethical distinctions in targeting.

The Essence of International Humanitarian Law

  • IHL aims to maintain a minimum standard of human dignity during war.
  • Focus on preserving the potential for peaceful coexistence after conflict ends.