International Humanitarian Law (IHL):

International Humanitarian Law is also known as the law of war or the law of armed conflict.
To military audiences it is usually called the law of war. It applies during situations of armed
conflict, from the first act of hostilities, regardless of whether both parties agree that there is an
armed conflict or not.

 “International Humanitarian Law applicable in armed conflicts” means international

rules, established by treaty or custom, which are specifically intended to solve
humanitarian problems that arise directly from international or non-international armed
conflicts.

 For humanitarian reasons, these rules protect persons and property that are, or may be,
affected by conflict by limiting conflicting parties’ rights to choose their methods and
means of warfare.

 The expression “international humanitarian law applicable in armed conflict” is often

abbreviated to International Humanitarian Law or Humanitarian Law.

 Though the military tends to prefer the expressions “Laws of Armed Conflicts” (LOAC)
or “Laws of War”, these two expressions should be understood as synonymous with
“IHL”.

Human rights

Human rights are standards that recognize and protect the dignity of all human beings.
Human rights govern how individual human beings live in society and with each other, as well as
their relationship with the State and the obligations that the State have towards them.

Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death. 
They apply regardless of where you are from, what you believe or how you choose to live your
life.
They can never be taken away, although they can sometimes be restricted – for example if a
person breaks the law, or in the interests of national security.
These basic rights are based on shared values like dignity, fairness, equality, respect and
independence. 
These values are defined and protected by law.
 When Does IHL Apply?

 International Humanitarian Law (IHL) applies in two very different types of situations:

◦ international armed conflicts and

◦ non-international armed conflicts.

 The traditional notion of “war’ has been replaced by “armed conflict,” from 1949
onwards.

International armed conflict:

 IHL relating to international armed conflict applies “to all cases of declared war or of any
other armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.”

 The same set of provisions also applies “ to all cases of partial or total occupation of
the territory of a High Contracting Party, even if the said occupation meets with no
resistance”.

Non-international armed conflict:

 Traditionally non-international armed conflicts (or, to use an outdated terminology:

civil wars) were considered purely internal matters for states, for which no
international law provisions applied.

 This view was radically modified with the adoption of Article 3 common to the four
Geneva Conventions of 1949.

 For the first time, the community of States agreed on a set of minimal guarantees to
be respected during non-international armed conflicts.
 The Basic Rules of IHL:

1) The parties to a conflict must at all times distinguish between the civilian population and
combatants in order to spare the civilian population and civilian property.

 Neither the civilian population as a whole, nor individual civilians, may be attacked.

 Attacks may be made solely against military objectives.

2) People who do not or can no longer take part in the hostilities are entitled to respect for
their lives and for their physical and mental integrity.

 Such people must in all circumstances be protected and treated with humanity,
without any unfavourable distinction whatsoever.

3) It is forbidden to kill or wound an adversary who surrenders or who can no longer take
part in the fighting.

4) Neither the parties to the conflict nor members of their armed forces have an unlimited
right to choose methods and forbidden to use weapons or methods of warfare that are
likely to cause unnecessary losses or excessive suffering.eans of warfare.

 It is forbidden to use weapons or methods of warfare that are likely to cause unnecessary
losses or excessive suffering.

5) The wounded and sick must be collected and cared for by the party to the conflict which
has them in its power.

 Medical personnel and medical establishments, transports, and equipment must be

spared.

 The red cross or red crescent or red crystal on a white background is the distinctive
sign indicating that such persons and objects must be respected.

6) Captured combatants and civilians who find themselves under the authority of the adverse
party are entitled to

 respect for their lives,

 their dignity,

 their personal rights, and

 their political, religious, and other convictions.

 They must be protected against all acts of violence or reprisal.

  They are entitled to exchange news with their families and receive aid.

 They must enjoy basic judicial guarantees.

Humanitarian law and human rights

Article 3 common to the Geneva Conventions deals with internal armed conflicts, i.e. with
matters pertaining to the internal affairs of States. As the regulation of internal affairs is basically
the prerogative of the sovereign State, the decision taken in 1949 to include Article 3 in the four
Geneva Conventions was a great event. It must be remembered, however, that one year earlier, in
1948, the United Nations General Assembly had adopted the Universal Declaration of Human
Rights. That document reflected growing international concern about an important aspect of the
internal affairs of States. Indeed, international rules on the protection of human rights oblige
States to recognize and respect a number of basic rights of the individual and to ensure that they
are upheld. Humanitarian law does the same in times of armed conflict. It enjoins the parties to a
conflict to respect and to preserve the lives and dignity of captured enemy soldiers or of civilians
who are in their power. What, then, distinguishes humanitarian law from human rights law? Or
are they the same?

 The goals of human rights law and humanitarian law overlap. Both humanitarian law and human
rights are designed to restrict the power of State authorities, with a view to safeguarding the
fundamental rights of the individual. Human rights treaties (supported by customary law)
achieve this objective in a comprehensive way insofar as they cover almost all aspects of life.
Their rules must be applied to all persons and be respected in all circumstances (although a
number of rights may be suspended in time of emergency). Humanitarian law, however, applies
only in time of armed conflict. Its provisions are formulated in such a wa y as to take into
account the special circumstances of warfare. They may not be abrogated under any
circumstances. Usually they apply " across the front line " , i.e. the armed forces have to respect
humanitarian law in their dealings with the enemy (and not in the relations with their own
nationals). In internal armed conflicts, however, human rights law and international humanitarian
law apply concurrently.

 In other words, humanitarian law is a specialized body of human rights law, fine tuned for times
of armed conflict. Some of its provisions have no equivalent in human rights law, in particular
the rules on the conduct of hostilities or on the use of weapons. Conversely, human rights law
covers several domains which are outside the scope of humanitarian law (e.g. the political rights
of individual persons). Despite their overlapping, human rights law and humanitarian law remain
distinct branches of public international law.