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Rules of international humanitarian law (IHL) attempt in broad terms to regulate conflict
in order to minimise human suffering. IHL reflects this constant balance between the
military necessity arising in a state of war and the needs for humanitarian protection.
Overview
International Humanitarian Law is founded upon the following principles:
principle of proportionality
notion of necessity
principle of humanity
Each basic principle should be found within the specific rules and norms of IHL itself, but the
principles may also help interpretation of the law when the legal issues are unclear or
controversial. Depending on the issue, the balance between the principles and interest shifts. For
example, during hostilities, military necessity may limit the notion of humanity by allowing for
destruction, but in other situations such as the protection of the wounded and sick, the principle
of humanity is at the heart of the legal rules.
The principle cannot be applied to override specific protections, or create exceptions to rules
where the text itself does not provide for one. As with the principle of necessity, the principle of
proportionality itself is to be found within the rules of IHL themselves. For example, direct
attacks against civilians are prohibited and hence a proportionality assessment is not a relevant
legal assessment as any direct attack against even a single civilian who is not taking part in
hostilities is a clear violation of IHL. Proportionality is only applied when a strike is made
against a lawful military target.
Click here to read more about the basic principles of the conduct of hostilities.
The notion of necessity
A dominant notion within the framework of IHL is military necessity, often the principle which
clashes most with humanitarian protection. Military necessity permits armed forces to engage in
conduct that will result in destruction and harm being inflicted. The concept of military necessity
acknowledges that under the laws of war, winning the war or battle is a legitimate consideration.
However the concept of military necessity does not give the armed forces the freedom to ignore
humanitarian considerations altogether and do what they want. It must be interpreted in the
context of specific prohibitions and in accordance with the other principles of IHL.
It is important to note that the notion itself is to be found within the rules of IHL. For example,
Article 52 of Addition Protocol I lists those objects that can be subject to lawful attacks. The
notion cannot be applied to override specific protections, or create exceptions to rules where the
text itself does not provide for one.
IHL, the principles of which can be found in all major religions and cultures, set out only basic
protections, but ones which look to demonstrate that even during armed conflict there is some
common sense of and respect for humanity. Modern IHL is not naive and accepts that harm,
destruction and death can be lawful during armed conflict. IHL simply looks to limit the harm,
and the principle of humanity is very much at the heart of this ambition. Many rules of IHL are
inspired by this notion, specifically those setting out protections for the wounded and sick.