06-09-2013, 04:18 PM
What is International Humanitarian Law?
What is international
humanitarian law?
International humanitarian law is a
set of rules which seek, for
humanitarian reasons, to limit the
effects of armed conflict. It protects
persons who are not or are no
longer participating in the hostilities
and restricts the means and
methods of warfare. International
humanitarian law is also known as
the law of war or the law of armed
conflict.
International humanitarian law is
part of international law, which is the
body of rules governing relations
between States. International law is
contained in agreements between
States – treaties or conventions –, in
customary rules, which consist of
State practise considered by them
as legally binding, and in general
principles.
International
humanitarian
law
applies to armed conflicts. It does
not regulate whether a State may
actually use force; this is governed
by an important, but distinct, part of
international law set out in the
United Nations Charter.
What should be done to
implement the law?
Measures must be taken to ensure
respect
for
international
humanitarian law. States have an
obligation to teach its rules to their
armed forces and the general public.
They must prevent violations or
punish them if these nevertheless
occur.
In particular, they must enact laws to
punish the most serious violations of
the Geneva Conventions and
Additional Protocols, which are
regarded as war crimes. The States
must also pass laws protecting the
red cross and red crescent
emblems.
Measures have also been taken at
an international level: tribunals have
been created to punish acts
committed in two recent conflicts
(the
former
Yugoslavia
and
Rwanda). An international criminal
court, with the responsibility of
repressing inter alia war crimes, was
created by the 1998 Rome Statute.
What is “protection”?
International humanitarian law
protects those who do not take part
in the fighting, such as civilians and
medical and religious military
personnel. It also protects those
who have ceased to take part, such
as wounded, shipwrecked and sick
combatants, and prisoners of war.
These categories of person are
entitled to respect for their lives and
for their physical and mental
integrity. They also enjoy legal
guarantees. They must be protected
and treated humanely in all
circumstances, with no adverse
distinction.
More specifically: it is forbidden to
kill or wound an enemy who
surrenders or is unable to fight; the
sick and wounded must be collected
and cared for by the party in whose
power they find themselves. Medical
personnel, supplies, hospitals and
ambulances must all be protected.