International Law

International Humanitarian Law

Combatants

- The Hague Convention of 1907 distinguishes the combatants as persons in regular army
having specific regiment number
- It also categorizes guerillas, volunteers and corps as combatants if they satisfy the
following conditions:
 Serve under a definite and specific authority
 Have specified emblem which may be recognized from distance
 Conduct war in accordance with the rule and customs of war

Prohibited Means in Land Warfare

- The Hague Convention of 1907 prohibits use of poisonous weapons , projectiles which
cause unnecessary sufferings, and poisonous gas
- It also prohibits pollution or poisoning of water and other food materials
- Undefended cities and villages cannot be attacked or otherwise destroyed
- Killing of wounded and sick persons of the armed forces has also been prohibited
- The objective of these rules is to minimize the sufferings and pain of the persons
involved in war

Ruses of War/Stratagem

- Involves intelligence and spying

- Ruses of war are permitted under Article 24 of the Hague Convention
- Meant only to be used when militarily necessary
- Also, it does not allow for violation of good faith, nor does it allow for any breach of any
agreement
- Deceit is contrary to International Law
- Espionage has a peculiar place in international law. On one hand, States are entitled to
send spies in other States to get information, while on the other, States are also entitled
to punish any spy caught in their territory

Geneva Convention relating to the Treatment of Prisoners of War, 1949

This convention applies to all cases of declared war or any other armed conflict which may arise
between two States who are party to this Convention, even if the State of war is not recognized
by one of them.

1. Prisoners to be humanly treated

2. Unlawful act or omission causing death or injury to prisoner prohibited

Muhammad Minhaj Mahdi

International Law

3. No physical mutilation or scientific experiments allowed on prisoners

4. Prisoners to be protected against acts of violence, insults and intimidation
5. Reprisal against prisoners prohibited
6. Prisoners entitled to respect of their persons and their honour
7. Prisoners shall retain the full civil capacity
8. Medical attention to be provided to prisoners free of charge
9. All prisoners to be treated alike without any adverse distinction based on race,
nationality, religious belief, or political opinions
10. Prisoners may not be threatened, coerced, physically or mentally tortured, insulted or
exposed to unpleasant or disadvantageous treatment of any kind
11. All articles of personal use except arms shall remain in their possession
12. Prisoners shall be evacuated to camps far enough from connected zone as soon as their
capture
13. Detainers to supply identity documents to the prisoners, badges of rank and nationality,
decorations and articles of sentimental value may not be taken from the prisoner

Geneva Convention relating to the treatment of the Dead and Injured Members of the Armed
Forces, 1949

1. Cannot be attacked during war. Need to be looked after. Dead bodies to be saved from
insults, mutilation, etc.
2. Be provided medical facilities. Mobile hospitals cannot be attacked
3. Doctors and other persons serving the hospitals be provided certain protection and be
given proper respect
4. Plunder or looting of dead bodies declared illegal
5. Means of transportation for the wounded and sick members of armed forces provided
certain protection; cannot be attacked or otherwise destroyed
6. Dead bodies to be cremated with due respect
7. The belligerent States allowed to carry away the dead bodies of members of their armed
forces

Geneva Convention on Protection of Civilian Persons in Times of War, 1949

1. Civilians cannot be detained, arrested or even made to pay collective fines

2. Cannot be transferred to other territories
3. Cannot be compelled to perform works for the armed forces
4. In case of occupation of a territory, due consideration should be paid to the needs of the
local inhabitants

Muhammad Minhaj Mahdi

International Law

5. The old courts remain established and status of judges remains unchanged. Old penal
laws should also not be disturbed. Undue pressure on judges or officials should not be
exerted.

Geneva Convention on Wounded, Ship-wrecked Members of the Armed Forces at Sea, 1949

1. Prisoners of sea to be treated same as prisoners of land warfare

2. Hospital ships cannot be attacked
3. Enemy ships may be sunk, but only after ensuring safety and security of the crew of that
ship
4. If crew members of a sunk enemy ship escape on life boats, it is prohibited to fire on
those boats (PELEUS TRIAL)

Laws of Aerial Warfare

1. Brussels Conference of 1874

2. Hague Convention, 1899
3. First World War, 1914-1918
4. Washington Conference, 1922
- Arming of private aircraft prohibited
- Bombardment for the realization of money illegal
- Bombardment to frighten civilians illegal
- Only factories of military importance could be destroyed
- Villages and towns unconnected with war area should not be destroyed
- Civilian areas cannot be bombarded
- Buildings connected with religion, culture or philanthropic works cannot be destroyed
- Hospitals cannot be destroyed
- Violation by belligerents would make them liable to pay compensation for the same
5. The Hague Rules of Aerial Warfare, 1923
6. Geneva Protocol, 1925
7. Disarmament Conference
8. Second World War, 1939-1945
9. International Convention for Protection of Cultural Property, 1954
10. Legality of Atomic or Nuclear Warfare
- Nuclear Test Ban Treaty, 1963
- Treaty on Non-Proliferation of Nuclear Weapons, 1968
- Treaty on Prohibition of Emplacement of Nuclear Weapons in sea-bed and ocean floor,
also called Sea-Bed Treaty, 1971

Muhammad Minhaj Mahdi

International Law

Sanction of the Laws of War

1. Reprisal
- USA justified the Atomic bombing on Nagasaki and Hiroshima as a reprisal
2. Punishment of War Criminals
- Nuremberg and Tokyo Trials
3. Compensation
- Germany was asked to pay compensation (reparation) for the damages brought about in
World War I through the Treaty of Versailles

Muhammad Minhaj Mahdi