International Humanitarian Law

International humanitarian law

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International Humanitarian Law создатель Mind Map: International Humanitarian Law

1. Applicability

1.1. Other situations of violence

1.1.1. Not applicable, if violence below the threshold of armed conflict Riots, isolated/sporadic acts of violence ect. lasting internal confrontations which include acts of violence.


1.2.1. Entire territory of the parties Non-international armed conflict (NIAC) The end of NIAC Protracted armed violence between government forces and organized armed groups / between groups. "Double classification" A pre-existing NIAC + a new State as a party supporting the armed group fighting against the territorial State. A State has an armed conflict against both a State and a non-State armed group. International armed conflict (IAC) Resort to armed forces between two or more States. The end of IAC


1.3.1. The Hague Regulations of 1907: A territory is occupied when it is actually placed under the authority of the hostile army. Effective control Foreign forces physically present without consent. Legitimate authority incapable of exercising its powers. Foreign forces in a position to substitute legitimate authority's authority.

2. Implementation

2.1. The ICRC

2.1.1. Bilateral confidential dialogue with parties The dialogue with armed groups To assess the willingness and ability to ensure respect of IHL To support efforts to take measures to better respects IHL To gain access to individuals held by armed groups or to people otherwise affected by situation To strengthen the security of humanitarian workers

2.1.2. Four approaches Protection and assistance Protection Assistance Cooperation Prevention


2.2.1. An obligation to RESPECT and ENSURE respects for the Conventions in all circumstances Measures to ensure compliance with IHL Implementation mechanisims Education and awareness Implementation into domestic laws Weapon control Art. 1 common to Geneva Conventions; The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Art. 1 of AP I; The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances. Customary IHL "To respect" Obligation to fulfill obligations arising from a treaty to which they are party and from customary IHL "To ensure respect" Internal dimension External dimension "In all circumstances" During armed conflict In peacetime Non-reciprocal nature of IHL


2.3.1. Art 3. common to Geneva Conventions Special agreements Parties to NIAC are encouraged to bring into force all or part of the other provisions of the Conventions Constitutive agreements Declaratory agreements

2.3.2. Unilateral declarations To express intent to respect and ensure respect for all or part of the IHL rules the NGO Geneva Call & Deeds of Commitment

2.3.3. Amnesties Art 6(5) of APII At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained.

3. Sources

3.1. Customary law

3.1.1. ICRC's study on customary IHL , 2005 161 core rules of customary IHL 146 equally applicable in IAC and NIAC

3.1.2. General practices or customs of states accepted as law. 1. Constant and uniform state practice 2. Generality of practice 3. Opinio juris Accepted and recognised upon states as binding law (legal right or obligation).

3.1.3. Applies independently of treaty law Both international and non-international armed conflicts Fills the caps left by treaty law Questions that are not governed by treaty IHL. Treaty IHL not applicable

3.2. Treaty law

3.2.1. Where it all started: "The law of Geneva" (First Geneva Convention (1864)) to protect victims of armed conflicts and "The law of Hague" (St Petersburg Declaration on Explosive Projectiles (1864) and Hague Conventions on the Laws and Customs of War on Land (1899)) to regulate conduct of hostilities United Nations Regulation of weapons Universal Declaration of Human Rights Treaties binding also during armed conflicts. World War II & guerrilla wars & decolonization Hague Convention for the Protection of Cultural Property, 1954 International crimes; Nuremberg and Tokyo tribunals Geneva conventions, 1949 Additional protocols to Geneva conventions

4. What

4.1. Jus in bello

4.1.1. Applies on both parties regardless of the legality of the armed conflict. Different from Jus ad bellum Check the pover point presentation about the use of force!

4.2. Rules of war

4.2.1. Seek to limit the devastation effects of armed conflicts. Protects those who are not/no longer participating in hostilities. Restricts means and methods of warfare

5. Protection

5.1. Medical facilities, transport, equipment, supplies; Geneva Convention I,II

5.1.1. Facilities and other units (military/civilian/fixed/mobile/permanent/temporary) EXCLUSIVELY ASSIGNED to medical purposes by a party to a conflict. No direct attack. No use as a shield to military objectives.

5.1.2. Loss of protection If used to commit acts harmful to the enemy (e.g using medical facility for sheltering able-bodied combatants or as a command centre for fighting army). After ignoring a warning with a reasonable time limit. Rules on conduct of hostilities!

5.2. Fundamental guarantees like humane treatment and non-discrimination; treaty and customary IHL

5.2.1. Wounded and sick; Geneva Convention I,II ANY PERSON who is in need of medical assistance or care AND refrain from any act of hostility Respect Protect

5.2.2. Medical personnel; Geneva Convention I,II ALL PERSONS formally assigned by a party to the conflict EXCLUSIVELY for medical purposes and for the administration of medical units and transports. Official assignment Duties Rights

5.2.3. The Emblems; red cross, red crescent and red crystal. Protection that they offer International symbols of neutral and impartial assistance and protection Protection of them Any use that is not expressly authorized by IHL PROHIBITED!

5.2.4. Civilian population; Geneva Convention IV, AP 1 and 2 General protection common to all civilians Right to humanitarian assistance Right to maintain family links Special protection Women Children Journalists and war correspondents (not engaging in hostilities, not military press) Missing and dead Protected persons; Geneva Convention IV. ONLY in IAC Persons who find themselves in the hands of a party to the conflict of which they are not nationals. Rules protecting civilians + a higher degree of protection. Restriction of rights

5.2.5. Specific protections included in humane treatment. Violence to life, health, or the physical or mental well-being. Murder, corporal punishment, torture, mutilation... Outrages upon personal dignity Sexual violence, humiliating treatment... Reprisal, hostage-taking, collective punishment, measures of intimidation and terrorism.

5.2.6. Non-discrimination Prohibits adverse distinctions in the treatment of persons based on criteria such as race, sex, national or social origin, religion or political opinion. Differential treatment justified in certain circumstances!

6. Deprivation of liberty

6.1. Internment

6.1.1. non-criminal, non-punitive deprivation of liberty imposed for security reasons in an armed conflict. NIAC No status of combatant IAC Prisoners of war (POW) Unlawful combatants Prisoners of war and civilian internees

6.2. Detention based on criminal law

6.2.1. Common rules governing internment and detention based on criminal law. IAC and NIAC Humane treatment at all times Basic needs Gender protection Children Location Information Communication Religion Prohibition of torture and other forms of cruel, inhuman or degrading treatment/punishment.

7. Conduct of hostilities

7.1. Goals

7.1.1. To protect civilians and civilian object Principles Precaution Distinction Proportionality

7.1.2. To constrain certain means and methods of warfare Means of warfare The fundamental principles from customary IHL Prohibited methods of warfare Starvation Attack on persons hors de combat Denial of quarter Perfidy or treachery Pillage Spoliation Human shields

8. Look at learning diary; post about the Sources of International law

9. International Crimes

9.1. Prosecution

9.1.1. Primary responsibility States Preamble of the Rome Statute

9.1.2. A subsidiary role International tribunals Examples Created to prosecute crimes committed during the conflicts in the countries they are connected Composed of international judges Special tribunals and courts Established by the State where the crimes have occurred with the influence of the UN To prosecute serious crimes under international and domestic law Composed of international and local judges Examples The International Criminal Court (ICC) The Rome Statute of The International Criminal Court (1998)

9.2. Intentional act of

9.2.1. Crime of aggression Art 8 bis3 of The Rome Statute The planning, preparation, initiation or execution

9.2.2. Genocide Art. 6 of The Rome Statute The commission certain of acts Genocidal intent

9.2.3. War crimes Art. 8 of The Rome Statute Serious violations of IHL committed during armed conflicts

9.2.4. Crimes against humanity Art. 7.1 of the Rome Statute Certain acts

9.3. Criminal responsibility -> confers obligations directly on individuals like human rights law

9.3.1. Responsibility of States and international organizations

9.3.2. Responsibility of private entities

9.3.3. Responsibility of persons Individual responsibility Actually committing a crime Facilitating or assisting the commission of a crime Intentionally contributing to the commission of crime by a group with a common plan or purpose Ordering that a crime must be committed Following manifestly unlawful orders Art. 31 of The Rome Statute; Grounds for excluding criminal responsibility Command or superior responsibility Art. 28 of The Rome Statute