Definition, concept and application of International Humanitarian Law
INTRODUCTION - International humanitarian law is a part of public international law.
Public international law is a broad set of treaties, customary law, principles and
norms that regulate relationships only between States. However, it has evolved from
time to time to cover a broad range of concepts. This gave birth to "Humanitarian
Law". Humanitarian Law recognizes obligations for both States and non-State
armed groups that are parties to an armed conflict..
What is international humanitarian law?
International Humanitarian Law is that part of Public International Law which is
primarily concerned with the rules and regulations that should be followed during an
armed conflict. The term "humanitarian law" applies to those rules of international
law which aim to protect persons suffering from the evils of armed conflicts.
In other words, Humanitarian law refers to the body of law dealing with armed
conflict or law of war and their effects. This is an essential difference between
humanitarian law and "human rights", that the latter do not apply only in time of
armed conflict.
Humanitarian Law mainly aims at protecting persons, minimizing destruction, loss of
life, and unnecessary human suffering in armed conflicts. It also defines the conduct
and responsibilities of hostile nations, neutral nations, and individuals engaged in
warfare.
Definitions -
According to the International Committee of the Red Cross, 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.
In General Terms, International Humanitarian Law is also known as the Law of War
or the Law of Armed Conflict.
As per Article 38 of the Statute of the International Court of Justice,
International Humanitarian Law is part of public international law, which is made up
primarily of treaties, customary international law and general principles of law.
In a nutshell, humanitarian law is concerned with the protection of people who
are not a part of the conflict of war and also with the warfare techniques
employed by the States who are at war.
Concept of Humanitarian Law
Concept of Hunanitarian Law can be better understood under 3 main heads.
Concept of HL
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Origin of Purpose of HL Principles of HL
Humanitarian Law
Origin of Humanitarian Law-
International humanitarian law is rooted in the rules of ancient civilizations and
religions. warfare has always been subject to certain principles and customs.
Universal codification of international humanitarian law began in the nineteenth
century.
The Battle of Solférino of 1859 and subsequent the Geneva Convention of 1864 led
to the establishment of International Commitee of Red Cross (ICRC). Twelve
nations signed the Convention on 22nd August 1864 in which they agreed to provide
assistance by providing supplies to medical personnel for their use. They also
adopted a special emblem of the Red Cross Committee.
The ICRC feels that besides organizing protection and assistance activities in time of
armed conflict, one of its tasks is to see that humanitarian law is developed and
above all adapted to modern-day reality.
The very brief 1864 Convention was therefore merely the first step in a long historical
process which has witnessed several major advances in the field of humanitarian
law:
1906 — (new) Geneva Convention for the Wounded and Sick in Armies in the Field
1907 — The (tenth) Hague Convention.
1929 — two Geneva Conventions: one covering the same ground (and with the
same name) as the Convention of 1864 and 1906, the other relative to the Treatment
of Prisoners of War
1949 — four Geneva Conventions relative to the protection of victims of war
1977 — two Protocols additional to the Geneva Conventions of 1949,
A major part of international humanitarian law is contained in the four Geneva
Conventions of 1949. Nearly every State in the world has agreed to be bound by
them.The Conventions have been developed and supplemented by two further
agreements: the Additional Protocols of 1977 relating to the protection of victims of
armed conflicts.
As the international community has grown, an increasing number of States have
contributed to the development of those rules and today International humanitarian
law forms a universal body of law.
Purpose of Humanitarian Law
The purpose of International Humanitarian Law is to:
● limit as much as possible the suffering, loss and damage caused by armed
conflict;
● protect persons who do not take a direct part in the conflict and particularly
○ the wounded, sick and shipwrecked;
○ persons deprived of their liberty, i.e. prisoners of war (PW), retained
personnel,
○ civilians;
● facilitate the restoration of peace.
Principles of Humanitarian Law
Principle of Distinction – Parties to a war should have the ability in order to
distinguish combatants from the civilians.
Principle of Necessity and Proportionality – It refers to that Under no
circumstances should there be excessive loss of life in order to achieve the goals set
forth due to military.
Principle of Humane Treatment – Humanitarian Law has made it mandatory that all
civilians are to be treated humanely and with respect at all times.
Principle of non-discrimination – The fundamental rights of every person shall be
secured whether or not he is involved in the war.
Preferential treatment to Women and Children – Preferential treatment to women
and children to ensure respect and protection of the same from the effects of war.
Application of International Humanitarian Law-
International humanitarian law applies only to armed conflict. It does not cover
internal tensions or disturbances such as isolated acts of violence. The law applies
only once a conflict has begun, and then equally to all sides regardless of who
started the fighting.
International humanitarian law distinguishes between international and
non-international armed conflict. Humanitarian Law mandates the rules and
regulations for protection to be provided under the following situations:
1. International Armed Conflict – Protection is given to the following persons:
● i) Land warfare – Wounded or sick military personnel and members of the
armed forces, medical services
● ii) Naval Warfare – wounded, sick or shipwrecked military personnel and
members of the naval forces’ medical services
● iii) Prisoners of war
● iv)Civilian population including foreign civilians, civilians in territories which
have been occupied, medical and religious personnel and civil defence units
2. Non-International Armed Conflict – Apart from the armed forces, protection is
given to the following persons:
● Wounded or sick fighters
● People deprived of their freedom as a result of the conflict.
● Civilian population.
● Medical and Religious Personnel
What does international humanitarian law cover?
International humanitarian law covers two areas:
● the protection of those who are not, or no longer, taking part in fighting;
● restrictions on the means of warfare – in particular weapons and the methods
of warfare, such as military tactics.
Conclusion- To conclude, we can say that International Humanitarian Law regulates
activity during armed conflict. It prevents unnecessary harm to those in the war and
those not involved in the fighting.
