Unwritten Rules Based On Custom

3.1 MODULE 3. WHERE DO WE FIND IHL?
3.2 OBJECTIVES
 Identify the main sources of IHL

 Identify the distinctive features
3.3 THE EVOLUTION OF ARMED CONFLICT RULES
Choose the correct answer:
In the beginning, armed conflicts were regulated mainly by:
 Bilateral Treaties
 Unwritten rules based on custom
3.4 THE EVOLUTION OF ARMED CONFLICT RULES
Choose the correct answer:
In the beginning, armed conflicts were regulated mainly by:
 Bilateral Treaties
 Unwritten rules based on custom – In the beginning, armed conflicts were regulated mainly by unwritten rules
based on custom . Later, bilateral treaties began to be drafted.
3.5 FROM UNWRITTEN RULES TO TREATIES
BILATERAL TREATIES
- These came into force gradually; sometimes the parties involved ratified them only after the fighting had ended.
- There were also regulations that States issued to their troops (e.g. the Lieber Code of 1863, intended solely for
Union soldiers in the American Civil War).
3.6 SOURCES OF IHL
The main sources of IHL are:
1. Treaties
2. Customary Law
3. Other Sources
Main Sources -> Treaties and Customary Law
Other Sources -> Subsidiary Sources
3.7 SOURCES OF IHL
Treaties
- Treaties, such as the four Geneva Conventions of 1949 and the two Additional Protocols of 1977, are written
conventions in which States formally establish certain rules. They may also take the form of protocols,
covenants, agreements, and so on.
Agreed
- They impose rules only on those States that have expressed their consent to be bound by them, usually by
way of signature and ratification, or by way of accession (when the State does not sign the treaty but agrees to be
bound by it after its entry into force) or by way of succession (as in the case of a newly independent State).
The Geneva Conventions and their Additional Protocols contain the most important rules limiting the barbarity of war.
They protect people who are not taking part in the fighting (civilians, medics, aid workers) and those who can no longer
fight (wounded, sick and shipwrecked troops, prisoners of war). – The four Geneva Conventions and the two Additional
Protocols
3.8 SOURCES OF IHL: The 1949 Geneva Conventions
The first Geneva Convention protects wounded and sick 61 soldiers on land during war.
- This Convention is the fourth version of the original 1864 Geneva Convention on the wounded and sick, which
was modified in 1906 and then in 1929. It contains 64 articles, which provide protection not only for the
wounded and sick, but also for medical and religious personnel, medical units and medical transports. The
Convention also grants formal recognition to the distinctive emblems.
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The second Geneva Convention protects wounded, sick and shipwrecked military personnel at sea during war.
- This Convention replaced the Hague Convention of 1907 for the Adaptation to Maritime Warfare of the Principles
of the Geneva Convention of 22 August 1864. It contains 63 articles, which apply specifically to war at sea. For
example, it protects hospital ships.
The third Geneva Convention applies to prisoners of war.
- This Convention replaced the Convention relative to the Treatment of Prisoners of War of 1929. It contains 143
articles. The categories of person entitled to prisoner-of-war status were broadened in accordance with the First
and Second Geneva Conventions. Places of detention and the conditions of detention were more precisely defined:
particularly with regard to the performance of labour by prisoners of war, the financial resources permitted to
them, the relief they receive, and the judicial proceedings instituted against them. The Convention establishes the
principle that prisoners of war must be released and repatriated without delay after hostilities have ended.
The fourth Geneva Convention affords protection to civilians, including in occupied territory.
- This Convention is composed of 159 articles. It contains a short section that deals broadly with the protection
afforded to people against certain consequences of war; however, the conduct of hostilities is not dealt with in this
section. The bulk of the Convention deals with the status and treatment of protected persons, distinguishing
between the situation of foreigners on the territory of one of the parties to the conflict and that of civilians in
occupied territory. It spells out the obligations of the Occupying Power vis-à-vis the civilian population and
contains detailed provisions on humanitarian relief for persons in occupied territory. It also contains a specific
regime for the treatment of civilian internees. As of 15 March 2011, 194 States were party to the four Geneva
Conventions (virtually all existing States).
Source: ICRC Website
3.9 SOURCES OF IHL: The Additional Protocols
In the two decades that followed the adoption of the Geneva Conventions, non-international armed conflict and wars of
national liberation became more frequent.
In response two Protocols additional to the four 1949 Geneva Conventions were adopted in 1977.
They strengthen protection for victims of international (Additional Protocol I) and non-international (additional Protocol II)
armed conflicts and place limits on the way wars are fought.
Additional Protocol II was the first international treaty that dealt exclusively with situations of non-international armed
conflict.
In 2005, a third Protocol additional to the four 1949 Geneva Conventions was adopted; this created another emblem, the
red crystal, which has the same international status as the red cross and the red crescent.
As of 15 March 2011, 170 States were party to Additional Protocol I, 165 to Additional Protocol II and 54 to Additional
Protocol III.
 Protocol I: 170
 Protocol II: 165
 Protocol III: 54
3.10 CUSTOMARY INTERNATIONAL LAW
Customary international law derives from "general practice accepted as law." A customary rule comes into existence
when a particular State practice has become so systematic that States are considered to be legally bound by it.
Such practice can be found in accounts of military operations but is also reflected in a variety of other official documents,
including military manuals, domestic legislation and case law. The requirement that it be "accepted as law" is often
referred to as opinio juris, the belief that State practice cannot be derogated from without breaking the law. This sets
practices required by law apart from practices followed as a matter of policy, for example.
Sometimes customary rules are codified in a treaty: codification is the process by which a customary rule is enshrined in
a treaty and becomes a provision of conventional law. Conversely, treaty provisions can become customary rules.
In any case, customary rules exist parallel to, but independent of, the treaty in which they are enshrined; this means that
a State that is not party to certain treaty remains bound by the customary rule contained in it.
3.11 SOURCES OF IHL: CUSTOMARY LAW

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INTERVIEW: Jean-Marie Henckaerts
The rules of customary (IHL) aim to, protect the victims of armed conflict. They complement the protection provided
by treaty law and fill certain gaps resulting from treaties not having been ratified. The 1CRC's head of project for
customary law, Jean-Marie Henckaerts, explains why customary (IHL) is so important.
What is customary international humanitarian law?
CUSTOMARY INTERNATIONAL HUMANITARIAN LAW
 is a set of unwritten rules derived from a general, or common, practice that is acknowledged as law.
 It's the basic standard of conduct in armed conflict accepted by the world community.
Customary international humanitarian law is applicable universally - independently of the application of treaty law -
and is based on extensive and virtually uniform State practice regarded as law.
At the request of the international community, the ICRC undertook an extensive study on current State practice in
international humanitarian law in order to identify customary law in this area. Before the study was published, the rules
were unwritten. Today, the study has contributed to identifying the common core of international humanitarian law
binding on all parties to all armed conflicts
Extract from Customary international humanitarian law: reducing the human cost of armed conflict, ICRC Website
There are already many treaties pertaining to armed conflict. Why is customary IHL important?
Customary IHL is important because its rules can reduce the human cost of armed, conflict. It complements the
protection provided for conflict victims by treaty law, and fills in certain gaps resulting from treaties not having been
ratified or from treaty law lacking detailed rules on non-international armed conflict.
Although the 1949 Geneva Conventions have been universally ratified, for example, other treaties of international
humanitarian law, such as the 1977 Additional Protocols, have not. As a result, victims of armed conflict, particularly
those affected by non-international armed conflict, are not always fully protected by treaty law. That is why it was
necessary to determine which rules are part of customary law and therefore applicable to all parties to a conflict,
regardless of their treaty obligations.
Low In addition, a large proportion of today's armed conflicts are non-international, and treaty-based international
humanitarian law doesn't regulate them in sufficient detail. These conflicts are subject to far fewer treaty rules than are
international conflicts. For example, Additional Protocol II, which pertains to non-international armed conflict, contains a
mere 15 substantive articles, whereas Additional Protocol I, which pertains to international armed conflict, has more than
80.
It was important, therefore, to determine whether customary international law regulates non-international armed conflict
in more detail than does treaty law. The conclusions of the ICRC study are that the basic rules on the conduct of
hostilities, on the use of means and methods of warfare and on the treatment of persons in the hands of a party to a
conflict are fully applicable in non-international armed conflicts.
The ICRC Study on Customary
How has the customary international humanitarian law study been used since it was published?
The study has been used in various ways by a whole range of entities. First and foremost, the ICRC has used the study
as an important legal reference in international and non-international armed conflicts. The organization refers to it
in its dialogue with parties to conflicts in order to identify humanitarian rules by which combatants or parties must abide.
The study has been used by the United Nations, international and mixed criminal courts and tribunals, national courts
and non-governmental organizations.
For example, on the basis of practice collected by the study, the Special Court for Sierra Leone concluded that the
recruitment of child soldiers is a war crime in non-international armed conflicts, thus enhancing the protection for
children being recruited and used as child soldiers.
In addition, the reports of UN Special Rapporteurs on the conflicts in southern Lebanon (2006) and Gaza (2009) relied on
the study to identify the customary rules of international humanitarian law applicable in those conflicts.
In many States customary international law can be invoked before national courts and tribunals. Such was the case, for
example, in Israel, where the Supreme Court delivered a judgment in 2008 concerning restrictions on the flow of fuel and
electricity to Gaza. The court referred to customary international humanitarian law and the ICRC study stating that "each
party to a conflict is obliged to refrain from disrupting the passage of basic humanitarian relief to populations needing it
in areas under its control."
Extract from Customary international humanitarian law: reducing the human cost of armed conflict, ICRC Website
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3.14 OTHER SOURCES
There are also other sources of IHL as well: principles of law and judicial decisions rendered by international courts such
as:
1. ICJ – The International Court of Justice

2. ICTY – The International Criminal Tribunal for the former Yugoslavia
3. ICTR – The International Criminal Tribunal for Rwanda
4. ICC – The International Criminal Court
3.15 OTHER SOURCES
Fundamental principles of IHL: examples
In the 18th century, Jean-Jacques Rousseau made a major contribution by formulating the following principle about the
development of war between States:
“War is in no way a relationship of man with man but a relationship between States, in which individuals are enemies only
by accident; not as men, nor even as citizens, but as soldiers (...). Since the object of war is to destroy the enemy State, it is
legitimate to kill the latter's defenders as long as they are carrying arms; but as soon as they lay them down and surrender,
they cease to be enemies or agents of the enemy, and again become mere men, and it is no longer legitimate to take their
lives.”
A. “As soon as they lay down their weapons and surrender, men cease to be enemies”
B. “Exactly”
3.16 OTHER SOURCES
In 1899, Fyodor Martens laid down the following principle for cases not covered by humanitarian law:
"(..) civilians and combatants remain under the protection and authority of the principles of international law derived from
established custom, from the principles of humanity and from the dictates of public conscience." (known as the “Martens
Clause”). While Rousseau and Martens established principles of humanity, the authors of the St Petersburg Declaration
formulated, both explicitly and implicitly, the principles of distinction, military necessity and prevention of unnecessary
suffering, as follows:
1. " ... the only legitimate object which States should endeavor to accomplish during war is to weaken the military
forces of the enemy
2. " ... for this purpose it is sufficient to disable the greatest possible number of men;
3. " ... this object would be exceeded by the employment of arms which uselessly aggravate the sufferings of disabled
men, or render their death inevitable."
3.17 WHERE DO WE FIND IHL? | BIBLIOGRAPHY & HAND OUT
The ICRC Study on Customary International Law “A working tool at the service of practitioners involved with humanitarian
law.”
Study on customary international humanitarian law: a contribution to the understanding and respect for the rule of law
in armed conflict. 24-11-2006 Publication Ref 0860 Jean-Marie Henckaerts
3.18 SOURCES OF IHL, CUSTOMARY LAW
The ICRC Study on Customary International Law
“A working tool at the service of practitioners involved with humanitarian law.”
Henckaerts J-M., Customary International Humanitarian Law: a Response to US Comments, International review of the
Red Cross, Vol. 89, No. 866, June 2007.
Rules of customary international law are unwritten; to identify them, research into State practice is required. For this
reason, the study on customary IHL was carried out by lawyers at the ICRC at the explicit request of States in order to
identify, and consequently facilitate the application of, existing rules of customary international humanitarian law. The
study was proposed by the Intergovernmental Group of Experts for the Protection of War Victims in January 1995 among
a series of recommendations aimed at enhancing respect for IHL, in particular by means of preventive measures that
would ensure better knowledge and more effective implementation of the law.
In December 1995, the 26th International Conference of the Red Cross and Red Crescent endorsed this recommendation
and officially mandated the ICRC to prepare a report on customary rules of IHL applicable in international and non-
4|IHL | Modules 3-8
international armed conflicts. The ICRC took this mandate very seriously and spent nearly ten years on research and
consultation involving more than 150 governmental and academic experts. The study does not create new IHL rules;
instead, it seeks to provide the most accurate snapshot of the customary IHL rules that exist.
The rules contained in the ICRC study are not a starting point: they are the result of ten years of extensive research that
made use of national and international sources reflecting State practice and/or legal opinion (opinio juris). For each of the
161 rules listed in Volume I, there is a section in Volume II that lists the sources that led to its identification. The study is
a tool that can be used by anyone who is interested in IHL: academics, NGOs, international organizations, judicial and
governmental organs dealing with situations of armed conflict, military lawyers, and international courts and tribunals.
3.19 WHERE DO WE FIND IHL?
Next, you'll take a little test to review what you have just learnt.
Good luck …
3.20 WHERE DO WE FIND IHL? | TEST
Question 1 of 3
Point Value: 10
1. The main sources of international humanitarian law are:

 Doctrine and jurisprudence.
 States' military policies and officials’ statements.
 Conventional and customary law.
Question 2 of 3
Point Value: 10
2. Rules of customary law:

 do not apply if a State is not bound by the corresponding treaty rules.
 apply regardless of whether a State is bound by the corresponding treaty rules.
Question 3 of 3
Point Value: 10
3. Rules of customary IHL only concern:

 both
 non-international armed conflicts
 international armed conflicts
3.23 WHERE DO WE FIND IHL?
Congratulations!
You have now completed Module 3,
“WHERE DO WE FIND IHL?”
4.1 MODULE 4
5|IHL | Modules 3-8

When does IHL apply?
4.2 OBJECTIVES
 To identify the various situations of armed violence

 To identify the law applicable to each
4.3 THE VARIOUS TYPES OF ARMED VIOLENCE | OVERVIEW
ARMED VIOLENCE
 Acts of banditry
 Internal disturbances and tensions
ARMED CONFLICT
 International armed conflict

 Non-international armed conflict
4.4 WHY IS IT IMPORTANT?
All situations of armed violence
- Domestic Law & Human Rights Law
Armed Conflict
- IHL
INTERNATIONAL ARMED CONFLICTS
 Four Geneva Conventions of 1949

 1st Protocol Additional of 1977
CG I – Wounded and Sick in Armed Forces in the Field
CG II – Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
CG III – the Treatment of Prisoners of War
CG IV – the Protection of Civilian Persons
4.6 WHY IS IT IMPORTANT? (Di ko sure – Check the ppt.)
NON-INTERNATIONAL ARMED CONFLICTS
 Article 3 common to the Geneva Conventions of 1949

 2nd Protocol Additional of 1977
 All situation
 When one or several non-State armed groups exercise control over a part of the territory
Customary International Law
 International Armed Conflicts

 Non-International Armed Conflicts
4.8 INTERNATIONAL ARMED CONFLICTS (Di ko sure – Check the ppt.)
Recourse to armed force against another states
6|IHL | Modules 3-8

 State A
 State B
Regardless of the level of intensity
 Several states
 One or several other states
4.9 INTERNATIONAL ARMED CONFLICTS | “OCCUPATION” (Di ko sure – Check the ppt.)
Effective control of foreign armed forces
 State A
 State B
Regardless of the reasons for it
 Several states
Regardless of its legality
 State A
 State B
 Several states
4.10 INTERNATIONAL ARMED CONFLICTS | “DIFFERENCE” (Di ko sure – Check the ppt.)
 Enemy armed forces may stay or fight on the territory of another State
 Occupation
 Enemy authority, or “effective control”, must be established
Enemy authority
1. Physical presence of the foreign state's military forces

2. Inability of the authority in place to exercise its power
3. The exercise by the foreign forces of the powers of the authority in place.
4.11 NON-INTERNATIONAL ARMED CONFLICTS
Common Article 3, “First kind”
4.12
Additional Protocol II, “Second Kind”
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4.13 NON-INTERNATIONAL ARMED CONFLICTS?
1. Who is fighting whom?

2. To what extent is the fighting organized?
3. How would you describe the violence?
4. Is it a NON-INTERNATIONAL ARMED CONFLICTS or a situation of violence that does not amount to an armed
conflict?
4.14 NON-INTERNATIONAL ARMED CONFLICTS? | LEGAL POINT
In your view, were the protestors organized?
A. Yes
B. No
ARGENTINA
HOW WERE THE FIGHTING ORGANISED?
In your view, were the protestors organized?
A. Yes
B. No
ARGENTINA
The extent to which those involved in hostilities or violent acts are organized:
ARGENTINA – Loosely organized
SRI LANKA – Minimum degree of organization
4.18 INTERNATIONALISED NON-INTERNATIONAL ARMED CONFLICTS
8|IHL | Modules 3-8

 International armed conflicts
 Non-international armed conflicts
 Foreign intervention
 Internationalized non-international armed conflicts
4.19 INTERNATIONALISED NON-INTERNATIONAL ARMED CONFLICTS
4.20 WHEN DOES IHL APPLY? | BIBLIOGRAPHY
 Typology of armed conflicts in international humanitarian law: legal concepts and actual situations, Sylvain Vita,
Volume 91, Number 873, March 2009.
 How is the term "Armed Conflict" defined in international humanitarian law? International Committee of the Red
Cross (ICRC), Opinion Paper, March 2008.
4.21
Next, you'll find a little test to help you remember what you have just learned.
Good luck...
4.22 IHL AND HUMAN RIGHTS LAW | TEST
Question 1 of 4
Point Value: 1
Drag and Drop who is fighting whom? (Match 1-3 to A-C nalang)
1. International armed conflict

2. Non international armed conflict
3. Situations of violence not amounting to an armed conflict
A. Police, security, military or paramilitary forces v. individuals or group(s)

B. Recourse to armed force between States
C. Military forces v. organized armed group(s)
Question 2 of 4
Point Value: 1

9|IHL | Modules 3-8

A. Individuals or group(s) v. individuals or group(s)
B. Organised armed group(s) v. organized armed group(s)
C. Territory under the "effective control" of foreign armed forces.
Question 3 of 4
Point Value: 1

A. Organized armed group(s) v. organized armed group(s)

B. Individuals or group(s) v. individuals or group(s)
C. Territory under the “effective control” of foreign armed forces.
Score so far: 2 points out of 2
Question 4 of 4
Point Value: 1
Drag and Drop the APPLICABLE LAW for each situation below? (Match 1-3 to A-C nalang)
1. International armed conflict/Non-international armed conflict

A. International Humanitarian law/International Human rights law

B. International Human rights law/National law
4.26 WHEN DOES IHL APPLY?
You have now completed Module 4
WHEN DOES IHL APPLY?
Congratulations!
5.1 MODULE 5 BASIC PRINCIPLES OF IHL
5.2 Objectives
 The principle of distinction

 The principle of proportionality
 The principle of precaution
5.3 Basic Principles of IHL
"The law of armed conflicts is simple law: with a little common sense and a degree of clear-sightedness, anyone can grasp
its basic tenets for himself without being a legal expert".
Eric David, Principes de droit des conflits armes, Ed. Bruylant, 2008.
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From distinction to precaution
IHL is indeed "simple law", at least when it comes to understanding its basic principles.
Let's thus simply start from its definition.
Do you remember the definition of IHL we saw in Module 1? What does this law try to achieve? Write the answer in the
box below.
As we saw in Module 1, IHL can be defined as a set of rules which, on humanitarian grounds, seek to limit the effects of
armed conflict by:
1. protecting those not, or no longer, taking part in the hostilities People not taking part in the conflict, adversaries who
have surrendered, adversaries who have been captured, and adversaries who are injured or sick.
2. regulating the means and methods of warfare Restrictions on destructiveness, the choice of weapons, and the means of
waging war - that is, what can be attacked, which weapons can be used, which precautions must be taken to reduce the
number of civilian casualties, etc.
5.7 THE PRINCIPLE OF DISTINCTION
The principle of distinction requires those who wage war to draw a distinction between people taking part in the hostilities
and people not - or no longer - doing so.
But is it that a simple matter in practice?
5.8 THE PRINCIPLE OF PROPORTIONALITY
Proportional: Corresponding in size or amount to something else: the punishment should be proportional to the crime*
5.9 THE PRINCIPLE OF PROPORTIONALITY
The expected number of deaths and injuries to civilians or damage to civilian objects must not be excessive in comparison
with the anticipated military advantage.
World War II, Hiroshima Nakaku after the explosion of the atom bomb. (may picture sa slide )
5.10 THE PRINCIPLE OF PRECAUTION
Constant care must be taken by all those involved in the planning and execution of attacks to spare the civilian
population and civilian objects.
5.11
Next you'll find a little test to help you remember what you have just learned.
11 | I H L | M o d u l e s 3 - 8
Good luck...
5.12 Basic Principles of IHL TEST
Please match the correct answer for each description on the left. Only one answer is correct.
PRINCIPLE OF DISTINCTION
PRINCIPLE OF PRECAUTION
PRINCIPLE OF PROPORTIONALITY
-- Select --
This principle based on the premise that constant care must be taken by all those involved in the planning and execution
of attacks to spare the civilian population, civilians and civilian objects.
A principle that requires that the expected civilian deaths, injuries to civilians and damage to civilian objects incidental to
an attack on a military objective must not be excessive compared to the military advantage anticipated from that attack
This principle requiring the parties to a conflict to always distinguish between civilians and combatants and between
civilian objects and military objectives when planning or carrying out an attack.
5.13 BASIC PRINCIPLES OF IHL
You have now completed Module 5 BASIC PRINCIPLES OF IHL? Congratulations!
6.1 MODULE 6 PROTECTED PERSONS AND OBJECTS
6.2 Objectives
 WHICH PERSONS AND OBJECTS ARE PROTECTED UNDER IHL

 BASIC RULES CONCERNING PROTECTED PERSONS AND OBJECTS
6.3 Introduction
One of the main purpose of IHL is to protect civilian persons and objects
On of the main purpose of IHL is to protect civilian persons and objects. The protection of people in no way varies
according to sex, race, nationality, religion, political opinions or other similar criteria.
6.4 PROTECTION FOR WOUNDED, SICK AND SHIPWRECKED
Wounded and sick soldiers on land
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Wounded, sick and shipwrecked soldiers at sea
(may pic sa ppt )
6.5 WOUNDED, SICK AND SHIPWRECKED
Beneficiaries:
Under the First and Second Geneva Conventions, even combatants become "protected persons" once they are wounded,
sick or shipwrecked, and provided 41. they refrain from any hostile act.
Additional Protocol I extends protection to all wounded, sick and shipwrecked people, whether military or civilian.
Protection
The belligerents must refrain from any hostile acts against protected persons. They must not be attacked.
Care
Protected persons must be treated humanely. Any attempt on their lives, any violence against them is prohibited.
Equal treatment
Protected persons must be treated impartially. Only urgent medical factors can justify priority in the order of treatment.
Evacuation
The belligerents must search for and collect the wounded and sick, protect them against pillage and ill-treatment, and
ensure that they receive adequate care.
Provisions for the dead and the missing
The belligerents must search for the dead and prevent them being despoiled. Each party to the conflict must search for
persons who have been reported missing by an adverse party. The general principle governing these rules is, first and
foremost, the right of families to know what has happened to missing relatives
6.6 MEDICAL GOODS AND OJECTS
IHL provides comprehensive and detailed protection for medical units, medical transports and medical materials. Military
and civilian medical units: Such units comprise all buildings and other fixed installations (hospitals, etc.) as well as
mobile units (tents, open-air installations, etc.)
Medical transports: Any means of transportation for conveying - by land, water or air - the wounded, sick and
shipwrecked, medical and religious personnel and medical equipment protected by the Geneva Conventions and
Additional Protocol I.
Protection
Medical facilities and transports must be respected and protected at all times by the belligerents and must not be the
object of attack. Under no circumstances may they be used to shield military objectives from attack.
Loss of protection
The protection to which medical installations are entitled does not cease unless they are used to commit acts harmful to
the enemy (for example, sheltering unwounded soldiers or a military observation post). However, in such instances, their
protection may cease only after a warning has been given, setting a reasonable time limit, and after that warning has gone
unheeded.
Distinctive emblems: The red cross, red crescent or red crystal must be displayed on the flags, buildings, installations
and mobile formations of medical units, on their means of transportation, as well as on armlets, clothes and headgear of
medical personnel. It must be as large as the circumstances require
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6.7 Civilians
IHL protects civilians who find themselves in the hands of a party to conflict or of an occupying power of which they are
not nationals.
Humane treatment:
Protected persons have the right to be respected and to be spared all acts of violence
Right to leave the territory:
Foreign nationals on the territory of a party to conflict have the right to leave that territory.
Forced labour is strictly restricted.
Collective punishment is prohibited.
6.8 Medical Personnel
Military or civilian, medical personnel must be respected and protected
Necessary care must be given
Medical personnel must never participate in hostilities
identifiable and protected by the emblem
care for all the wounded without discrimination
Who is protected?
 Military or civilian medical personnel of the parties to the conflict, including those belonging to civil defence
organizations.
 Medical personnel of National Red Cross and Red Crescent Societies and other national aid Societies recognized
by a party to the conflict.
Protection
They have the right to:
 perform their missions.

 Not to perform acts contrary to medical ethics.
A deliberate attack on personnel, buildings or transport clearly carrying one of the protective signs constitutes a war
crime.
Duties
Medical personnel must
 refrain from participating in hostilities.

 respect medical ethics.
 give care without discrimination.
 respect the principle of neutrality.
 identify themselves.
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6.9 PRISONERS OF WAR AND OTHER DETAINEES
The third Geneva Convention provides a wide range of protection for prisoners of war
IHL Protects other persons deprived of liberty as a result of armed conflict
It sets down detailed rules for their treatment and eventual release
Individuals enjoying equivalent status include war correspondents, supply contractors, merchant marine and civil aircraft
crews, and civilians who spontaneously take up arms to resist invading forces.
In case of doubt, any captive who has participated in hostilities is presumed to be a prisoner of war.
In non-international armed conflicts, combatants who have been captured or who have surrendered do not have POW
status. However, they are protected and have the right to be treated humanely
A prisoner of war is a combatant, generally a member of the armed forces of a party to an international armed conflict,
who has fallen into enemy hands.
Internment
POWs may be interned without any particular procedures or grounds. The purpose of this internment is not to punish
them, but only to hinder their direct participation in hostilities and/or to protect them.
Any restriction imposed on them may serve only this purpose.
The Third Geneva Convention regulates the conditions of that internment. It considers in detail such matters as food,
clothing, treatment in keeping with military rank, and working conditions.
POWs must
receive humane and equal treatment at all times.
POWs may not be punished for their participation in hostilities.
They may however, be punished for certain acts committed prior to their capture, and may face disciplinary action
Torture, or any other form of coercion, may not be inflicted on POWs to secure information of any kind. Every POW is
bound to give only his name and rank, date of birth, and military serial number.
Sending information
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The detaining power must notify the POW's State of origin, his family and the Central Tracing Agency of his capture and
send them the pertinent details.
Repatriating of prisoners of war
POWs must be released and repatriated if they are unable to participate in hostilities, i.e. during the conflict on the
grounds of ill-health and, of course, as soon as active hostilities have ended.
6.14 CIVILIAN OBJECTS
the principles of precaution and proportionality must be respected at all times.
General protection
Civilian objects are objects that, owing to their nature, location, purpose or use, do not contribute to military action. They
must not be the object of attack or of reprisals. Should there be any uncertainty about the civilian character of an object,
it must be given the benefit of the doubt.
If an object is used for both military and civilian purposes, it might be subject to attack, but belligerents are required to
respect the principles of precaution and proportionality at all times..
IHL also grants a special protection for :
Cultural objects and places of worship
They are protected against any act of hostility (destruction, theft, requisition, confiscation, acts of reprisal, etc.), and their
use in support of military action is prohibited.
The distinctive emblem may be displayed on cultural property.
6.16 CIVILIANS
Increasingly, the overwhelming majority of the victims of armed conflict are civilians, despite the fact that IHL provides for
their protection in wartime
Beneficiaries
IHL strives to protect all civilians who are not taking direct part in hostilities. In addition, the Fourth Geneva Convention
specifically protects civilians who find themselves in the hands of the enemy - whether because they are on enemy
territory or because their territory is occupied by the enemy.
6.17 CIVILIANS
Special rules for occupied territories: Civilians in occupied territories benefit from specific protection against the acts of an
enemy controlling their area of residence. The Fourth Geneva Convention places a number of obligations on the occupying
power to ensure that living conditions remain as normal as possible.
16 | I H L | M o d u l e s 3 - 8
Internment of civilians: The most detailed rules concern the treatment of civilians interned -on imperative security
grounds in connection with the conflict and without benefit of a trial - by either- a party to the conflict or by an occupying
power.
The detailed rules are justified by the fact that internment is an exception to the general rule that civilians, unlike
combatants, may not be detained. The rules cover the reasons for internment, the treatment of internees, their release,
and a number of other matters.
6.18 Civilians
Protecting civilians against the effects of hostilities
Civilians who do not take direct part in hostilities must be respected by the belligerents and protected from the conduct of
hostilities (they must not be attacked or their towns bombed unlawfully, their access to food hindered, etc.).
6.19 CIVILIANS
Women
IHL strives to prevent and alleviate human suffering in war without discrimination based on sex. But it does recognize
that women face specific problems in the context of armed conflict. Because of their vulnerability and their unique role in
family life, women are granted specific protection - especially against sexual violence. Mothers are particularly protected:
pregnant women and mothers of children under seven receive preferential treatment. This is the case also in internment.
6.20 Children
Children are granted specific protection because of their vulnerability, which may vary according to age. They benefit from
preferential treatment (regarding food, evacuation, education, etc.). Their recruitment into armed forces is prohibited.
6.21 CIVILIANS
Refugees and internally displaced persons
IHL prohibits the forcible movement of civilians. It protects internally displaced persons (those who have had to move
from one place to another within their own country, owing to armed conflict) by, for example, granting them the right to
receive items essential to their survival. Refugees - those who have fled their country - are covered mainly by refugee law.
6.22 CIVILIANS
Missing persons
Families have the right to be informed of the fate of missing relatives. The parties to conflict must search for persons
reported missing by the adverse party, and they must list the exact location and markings of the graves of the dead.
Similar treaty-based and customary rules apply in non-international armed conflicts.
6.23 CIVILIANS
Journalists
Journalists may be protected as war correspondents, if they belong to armed forces, or as civilians, as long as they are not
making an effective contribution to military action. All journalists must carry identity cards attesting to their status.
6.24 ROTECTED PERSONS AND OBJECTS
17 | I H L | M o d u l e s 3 - 8
Health care: one of the first casualties of war, 16-11-2009, Interview
Wartime violence against women: States must do more to end it, 02-11-2010, Statement
Click on Attachments: On the right hand-corner of this page
6.25
Next you'll find a little test to help you remember what you have just learned.
Good luck...
Web quest: Looking through the internet, try to find which treaty protects cultural objects and write your answer in the
box below.
6.27
Web quest: Looking through the internet, try to find which treaty protects cultural objects and write your answer in the
box below.
1954 hague convention and its two protocols
Correct
That's right! You selected the correct response.
6.28
6.29
6.30
18 | I H L | M o d u l e s 3 - 8
6.31 PROTECTED PERSONS AND OBJECTS
Match the conventions with whom they protects?
Geneva Convention 1
Geneva Convention 2
Geneva Convention 3
Geneva Convention 4
Prisoners of war
Civilians, including in occupied territory
Wounded, sick and shipwrecked soldier on sea
Wounded and sick soldiers on land
6.32
The protection of medical personnel enshrined in the 1949 Geneva Conventions extends to all medical personnel, included
that of non-governmental organisations (NGOs).
TRUE 0 FALSE
6.33
The protection of medical personnel enshrined in the 1949 Geneva Conventions extends to all medical personnel, included
that of non-governmental organisations (NGOs).
TRUE 0 FALSE
True
Incorrect
Incorrect ! You did not selected the correct response.The 1949 Geneva Conventions protect the medical personnel of the
Parties to the conflict, whether military or civilian, those belonging to civil defence organizations, medical personnel of
National Red Cross and Red Crescent Societies and other national aid Societies recognized by a Party to the conflict.
Medical personnel of NGOs are protected as civilians as long as they do not take an active part in hostilities.
6.34
The 1949 Geneva Conventions grant a specific protection only to civilians who are in the hands of the enemy
True or False?
6.35
The 1949 Geneva Conventions grant a specific protection only to civilians who are in the hands of the enemy.
TRUE
19 | I H L | M o d u l e s 3 - 8
Incorrect
Incorrect ! You did not selected the correct response. Geneva Convention IV grants a specific protection to civilians who
are in the hands of the enemy - whether because they find themselves on enemy territory or because their territory is
occupied by the enemy. Beyond this specific protection, IHL strives to protect all civilians, as long as they do not take
direct part in hostilities. Civilians who do not take direct part in hostilities must be respected by the belligerents and
protected from the conduct of hostilities e.g. from attacks, bombing of their towns, hindrance to food supplies, etc.
6.36 PROTECTED PERSONS AND OBJECTS
You have now completed Module 6 PROTECTED PERSONS AND OBJECTS
Congratulations!
7.1 MODULE 7. MEANS AND METHODS OF WARFARE
7.2. OBJECTIVES
 to identify the principles of IHL that apply to the choice and use of weapons.
 a basic understanding of how those principles take effect.
7.3. LIMITS TO WAR
“The right of belligerents to adopt means of injuring the enemy is not unlimited” (Article 22, Hague Regulations (1907))
“In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited”
(Article 35, Additional Protocol I).
7.4. LIMITS TO WAR
The basic principles of distinction, personality, and precaution are major elements in rules governing the choice and use
of weapons, that is, in the rules regulating the means and methods of warfare.
7.5. MEANS AND METHODS OF WARFARE: TWO INTERTWINED NOTIONS
“Means of Warfare=tools of war i.e weapons
“Methods of Warfare” = tactics and strategies employed in military operations to weaken or defeat an adversary.
“Means and Methods of Warfare” = “Weapons in the widest sense, as well as the way in which they are used”.
7.6."MEANS AND METHODS OF WARFARE": TWO INTERTWINED NOTIONS
The use of a particular weapon may be unlawful in itself or unlawful only under certain conditions.
The use of a one-tonne bomb to kill a single combatant located in a densely populated area may violate the rule of
proportionality and the prohibition against indiscriminate attacks. In this case, the one-tonne bomb is not itself illegal,
but the type and location of the target render its use illegal.
7.7. FUNDAMENTAL PRINCIPLES
Minimize as much as possible the effects of war (right of a lesser evil)
- The aim of war is to weaken the enemy (civilians and civilian objects should not be the object of attacks)
- Do not inflict unnecessary suffering.
"CARDINAL PRINCIPLES": Two Fundamental principles:
1. The prohibition against using means and methods of warfare that can cause superfluous injury or unnecessary
suffering.
20 | I H L | M o d u l e s 3 - 8
2. The prohibition against using means and methods of warfare that cannot distinguish between civilians/civilian objects
and military objectives (prohibition of indiscriminate means and methods of warfare).
Customary rules binding on all parties to an armed conflict and applying to both international and non- international
armed conflicts.
7.8. PROHIBITION AGAINST CAUSING SUPERFLUOUS OR UNNECESSARY SUFFERING
What are superfluous injuries and what is unnecessary suffering?
How does one determine whether a weapon causes superfluous injuries unnecessary suffering?
7.9 WHAT IS SUPERFLUOUS INJURY OR UNNECESSARY SUFFERING?
"States" generally agree that unnecessary suffering is that which has no military purpose
The ICJ found that superfluous injuries or unnecessary suffering consists of harm that needlessly aggravates the
suffering of combatants, "that is to say a harm greater than that unavoidable to achieve legitimate military objectives".
ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICY Reports 1996, p. 257
The ICRC's study on customary IHL suggests that it is suffering out of proportion to the military advantage sought. J.M
Henckaerts and L. Doswald-Beck, Customary International Law, Vol 1; Rule 70, at 240 (2005)
7.10 PROHIBITION OF INDISCRIMINATE MEANS AND METHODS OF WARFARE
States must never make civilians the object of attack and must consequently never use weapons that are incapable of
distinguishing between civilian and military targets."
ICJ, Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, 1996
7.14 IHL & WEAPONS
Is there a convention prohibiting use of nuclear weapons?  YES.
7.16 IHL & WEAPONS
Does the absence of a convention render the use of nuclear weapons legal?  Not necessarily.
7.17 FOCUS ON NUCLEAR WEAPONS
PRINCIPLES AT STAKE
The principle of distinction and the prohibition against indiscriminate attacks, including attacks using weapons whose
effects cannot be controlled in space or in time.
The prohibition against the use of weapons that cause superfluous injuries or unnecessary suffering.
General principles governing the conduct of hostilities, such as the rules requiring proportionality and precaution in
attacks.
7.18 FOCUS ON NUCLEAR WEAPONS
ICRC
The ICRC has called on States not to use nuclear weapons because of:
their destructive force; the extreme suffering they cause; the extreme difficulty of providing assistance to victims; the
impossibility of controlling their effects in space and in time; the dangers of escalation; the threat to the future of
humanity.
See the statement by the International Committee of the Red Cross (ICRC), United Nations General Assembly, 64th
session, First Committee, Items 96 and 100 of the agenda, New York, 9 October 2009.
7.19 FOCUS ON CLUSTER MUNITIONS
Based on basic principles and rules of international humanitarian law, in particular:
21 | I H L | M o d u l e s 3 - 8
"the right of parties to an armed conflict to choose methods or means of warfare is not unlimited,
the parties to a conflict shall at all times distinguish between the civilian population and combatants and between civilian
objects and military objectives ...,
... constant care shall be taken to spare the civilian population, civilians and civilian objects
Convention on Cluster Munitions, Preamble.
Convention On Cluster Munitions
 Adopted 30 May 2008 Entered into force 1 August 2010
The ICRC has been expressing deep concern over them since the 1970s, and strongly supports the Convention on Cluster
Munitions, which it regards as an historic agreement. It urges States to continue working to ensure that the promises
contained in the Convention are realized as soon as possible.
The ICRC also stresses that the use of cluster munitions regulated by the general rules IHL that govern the conduct
hostilities, particularly:
the principle of distinction;
the prohibition against indiscriminate attacks;
the principle of proportionality;
the rule on taking feasible precautions.
7.20 MEANS AND METHODS OF WARFARE
Iraq: unexploded munitions put civilians at risk, 18-01-2011, Operational Update No 01/11
Libya: unexploded munitions pose major risk for civilians, 06-04-2011, News Release
Match the items below :
22 | I H L | M o d u l e s 3 - 8
 Means of warfare
 Tactics and strategies
 Methods of warfare
 Tools of war, i.e. weapons
The prohibition against causing superfluous injuries or unnecessary suffering and the prohibition against using
indiscriminate means and methods of warfare apply only to the armed forces of States in international armed
conflicts.
 True or False
A weapon can be prohibited only through a specific treaty.
 True or False
Tick the boxes.
Which principles apply to the means and methods of warfare?
 Principle of distinction
 Prohibition against using indiscriminate means and methods of warfare
 Principle of proportionality
 Prohibition against causing superfluous injuries or unnecessary suffering
 Principle of limitation
 Principle of prcecaution
The use of a particular weapon may be:
o Unlawful in itself in which case it should be completely prohibited

o Unlawful in certain circumstances in which case limits should be set on its use
o Both
8.1 MODULE 8. INTERNATIONAL CRIMES
8.2 OBJECTIVES
o Recognise the various international crimes and understand their distinctive features
o Understand who can be found criminally responsible for the international crimes identified
o Understand what can be done about international crimes, from the various judicial options to non-judicial
options
o Understand the position of the ICRC vis-a-vis international courts and tribunals and its immunity from
providing information
8.3 WAR CRIMES
o Peace
o International Violence
o Non-International Armed Conflict
o International Armed Conflict
8.4 WAR CRIMES
War Crimes -> Serious Violations of Treaty and Customary IHL –> Grave Breaches
Non-International Armed Conflict International Armed Conflict
8.5 CRIMES AGAINST HUMANITY
o Peace (CRIMES AGAINST HUMANITY)

o International Violence (CRIMES AGAINST HUMANITY)
o Non-International Armed Conflict (CRIMES AGAINST HUMANITY)
o International Armed Conflict (CRIMES AGAINST HUMANITY)
8.6 CRIMES AGAINST HUMANITY
CRIMES AGAINST HUMANITY
Widespread or Systematic Attack Directed Against Any Civilian Population
8.7 GENOCIDE
o Peace (GENOCIDE)
o International Violence (GENOCIDE)
o Non-International Armed Conflict (GENOCIDE)
o International Armed Conflict (GENOCIDE)
8.8 GENOCIDE
GENOCIDE
Acts Committed with Intent to Destroy, in whole or in part, a national, ethnic, racial or religious group.
8.9. WHO MAY BE FOUND RESPONSIBLE FOR THOSE CRIMES?
Could entities such as organised armed groups, political parties, organisations or States be found responsible?
No.
Only Individual Responsibility
Committing a crime
Contributing to it
Ordering that a crime be committed
Facilitating the commission of a crime
Publicly inciting others to commit a crime (genocide), etc.

8.10. WHO MAY BE FOUND RESPONSIBLE FOR THOSE CRIMES?
Superior Responsibility
o It is not necessary to be a superior in the military sense

o The superior must know that the subordinate is about to commit a crime or has committed a crime.
o The duty to prevent or punish crimes is not absolute.
8.11. JUDICIAL METHODS
All states must ensure that their own laws, military manuals and other regulations give force to the many articles
contained in the Four Geneva Convention of 1949.
States must also ensure that foreign nationals who have allegedly committed the grave breaches of the Four
Geneva Conventions or the First Additional Protocol o 1977 do not enjoy impunity.
8.13. UNIVERSAL JURISDICTION
States are obliged to bring the perpetrators to justice, regardless of their nationality or the place of the crime.

8.17 EXERCISE: THE JURISDICTION OF THE ICC
A war crime was committed in 2001 in country A which is on the list of the State which have agreed to the ICC
Statute.
Does the ICC have jurisdiction?
o No
o Yes
Answer: No. The ICC lacks jurisdiction because the crime in question was committed before the entry into force of
the ICC Statute, that is 1 July 2002.
Does this mean that the individual committed the crime will escape justice?
o No
o Not necessarily
o Yes
Answer: State remain responsible for prosecuting war crimes under their national laws. Remember that the
responsibility to prosecute lies, in the first instance, with the States. The fact that an international court has been
created does not mean that States were suddenly discharged of their obligation to prosecute perpetrators of
international crimes. The ICC does not supersede the powers-or obligtions-of States. Instead, its role is
complementary to the work of national courts, meaning that the ICC should only act if and when a country is
unable to prosecute the perpetrator (e.g. its legal system collapsed after a conflict), or if it unwilling to do so (e.g.
it is cleary shielding from)
In 2003, a crime against humanity was committed by an individual from country A in country B, none of which
are on the list of the countries which have agreed to the ICC Statute. Does the ICC have jurisdiction?
o Maybe
o Yes
o No
Answer: The ICC can only prosecute perpetrators of international crimes if they are nationals of a State that is
bound by the ICC Statute or if the crime was committed in a country which is bound by the ICC Stature, but even
if not bound by the ICC Statute, but even if not bound by the ICC Statute, a State can always make a declaration
to accept the jurisdiction of the court. Beyond that, and this I s what happened with Al Bashir in Sudan, the
Security Council of the United Nations can refer a situation to the ICC.
8.23 NON JUDICIAL METHODS
o Reparation – to compensate victims for their losses and where possible, to repair their injuries.
o Truth-Seeking-Reconciliation – to investigate international crimes, to facilitate peace and community healing, to
reconcile perpetrators with the victims.
Truth commissions have been used to help societies come to terms with the past and to prevent atrocities from
happening again.
Truth commissions have been created in a number of countries.
Truth commissions have also sought to reconcile perpetrators with victims and their families.
8.23 THE ICRC AND INTERNATIONAL COURTS AND TRIBUNALS
The ICRC Supports States to Establish Justice Mechanisms (fight against impunity)
The ICRC is Not a Criminal Court
The ICRC is Not Involved in Judicial Proceedings (respect for confidentiality)
8.26 INTERNATIONAL CRIMES
Match the definition with the right crime.
o War crimes
- They take place during armed conflict, and they can be individual and isolated events.
o Crimes Against Humanity

- It can occur at any time, including peacetime and needs to be on a large scale.
o Genocide
- For this crime an intent to destroy a group or a substantial part of the group is needed
o All Crimes
- Upon conviction before an international tribunal, perpetrators can face imprisonment.
8.29. WORD QUIZ
Clue: Only _________ as opposed to entities can be held responsible for war crimes, crimes against humanity and
genocide.
(11 Letters)
8.30. WORD QUIZ
Clue: Individuals can be held responsible for commiting, facilitating, or instigating a crime, or for their failure to
act to ___________ or ____________ the crime.
1st word: (7 Letters)
2nd Word: (6 Letters)
8.31. WORD QUIZ
Clue: People in position of authority may be convicted on the basis of ___________.
8.33. WORD QUIZ
Clue: That those following ______________ can also be held responsible for international crimes, unless the limited
“defence of duress” applies.
29 | I H L | M o d u l e 3

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3.1 MODULE 3. WHERE DO WE FIND IHL?

 Identify the main sources of IHL

3.3 THE EVOLUTION OF ARMED CONFLICT RULES

Choose the correct answer:

In the beginning, armed conflicts were regulated mainly by:

3.4 THE EVOLUTION OF ARMED CONFLICT RULES

Choose the correct answer:

In the beginning, armed conflicts were regulated mainly by:

3.5 FROM UNWRITTEN RULES TO TREATIES

3.6 SOURCES OF IHL

The main sources of IHL are:

Main Sources -> Treaties and Customary Law

Other Sources -> Subsidiary Sources

3.7 SOURCES OF IHL

3.8 SOURCES OF IHL: The 1949 Geneva Conventions

1|IHL | Modules 3-8

The third Geneva Convention applies to prisoners of war.

Source: ICRC Website

3.9 SOURCES OF IHL: The Additional Protocols

3.10 CUSTOMARY INTERNATIONAL LAW

3.11 SOURCES OF IHL: CUSTOMARY LAW

What is customary international humanitarian law?

CUSTOMARY INTERNATIONAL HUMANITARIAN LAW

3.12 SOURCES OF IHL: CUSTOMARY LAW

The ICRC Study on Customary

3.13 SOURCES OF IHL: CUSTOMARY LAW

3|IHL | Modules 3-8

1. ICJ – The International Court of Justice

3.15 OTHER SOURCES

Fundamental principles of IHL: examples

3.16 OTHER SOURCES

3.17 WHERE DO WE FIND IHL? | BIBLIOGRAPHY & HAND OUT

3.18 SOURCES OF IHL, CUSTOMARY LAW

The ICRC Study on Customary International Law

“A working tool at the service of practitioners involved with humanitarian law.”

3.19 WHERE DO WE FIND IHL?

3.20 WHERE DO WE FIND IHL? | TEST

1. The main sources of international humanitarian law are:

3.21 WHERE DO WE FIND IHL? | TEST

2. Rules of customary law:

3.22 WHERE DO WE FIND IHL? | TEST

3. Rules of customary IHL only concern:

3.23 WHERE DO WE FIND IHL?

You have now completed Module 3,

“WHERE DO WE FIND IHL?”

5|IHL | Modules 3-8

 To identify the various situations of armed violence

4.3 THE VARIOUS TYPES OF ARMED VIOLENCE | OVERVIEW

 International armed conflict

4.4 WHY IS IT IMPORTANT?

All situations of armed violence

- Domestic Law & Human Rights Law

4.5 WHY IS IT IMPORTANT?

INTERNATIONAL ARMED CONFLICTS

 Four Geneva Conventions of 1949

CG I – Wounded and Sick in Armed Forces in the Field

CG II – Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

CG III – the Treatment of Prisoners of War

CG IV – the Protection of Civilian Persons

4.6 WHY IS IT IMPORTANT? (Di ko sure – Check the ppt.)

NON-INTERNATIONAL ARMED CONFLICTS

 Article 3 common to the Geneva Conventions of 1949

4.7 WHY IS IT IMPORTANT?