Positive and Negative areas of International Humanitarian Law

International Humanitarian Law (IHL), also known as the Law of War or the Law of Armed Conflict, is
a body of rules that seeks to limit the effects of armed conflict and protect civilians, prisoners of war,
and other non-combatants. Like any other legal framework, IHL has both positive and negative
aspects.

Positive areas of International Humanitarian Law:

1. Protection of civilians: IHL seeks to protect civilians during armed conflict, and prohibit attacks on
them. It also provides for the provision of humanitarian assistance to the civilian population.
2. Protection of prisoners of war: IHL sets out rules for the treatment of prisoners of war, including their
humane treatment, access to medical care, and the prohibition of torture and other forms of cruel,
inhuman, or degrading treatment.
3. Limits on the use of weapons: IHL prohibits the use of weapons that are likely to cause unnecessary
suffering or harm, and seeks to minimize the damage to civilians and their property.
4. Respect for cultural property: IHL protects cultural property during armed conflict, including
monuments, works of art, and places of worship.
5. Recognition of human dignity: IHL recognizes the inherent dignity of all human beings, regardless of
their status, and seeks to protect this dignity during armed conflict.

Negative areas of International Humanitarian Law:

1. Lack of enforcement mechanisms: Although there are mechanisms in place to enforce IHL, such as
the International Criminal Court, many violations of IHL go unpunished.
2. Ambiguity in some of its provisions: Some of the provisions of IHL are ambiguous, which can lead to
differing interpretations by different parties.
3. Exemptions for certain types of conflicts: IHL only applies to conflicts between states and conflicts
involving non-state actors who are party to a conflict. This means that conflicts between non-state
actors are not covered by IHL.
4. Tension between IHL and other legal frameworks: IHL sometimes conflicts with other legal
frameworks, such as human rights law, which can create uncertainty and confusion.
5. Difficulty in application: IHL can be difficult to apply in practice, particularly in situations where
armed conflict is ongoing and access to the affected areas is limited.
Why International Humanitarian Law is treaty based
International Humanitarian Law (IHL) is treaty-based because it is a body of law that is created by
agreements between states. IHL is a branch of international law that governs the conduct of armed
conflicts, and it has evolved over time through the negotiation and adoption of treaties by states.

The main international treaties that make up IHL are the Geneva Conventions of 1949 and their
Additional Protocols of 1977. These treaties are legally binding on the states that have ratified them,
and they establish rules for the conduct of armed conflicts that are aimed at protecting civilians and
combatants who are no longer taking part in hostilities.

Other international treaties, such as The Hague Conventions of 1899 and 1907, also contribute to IHL
by providing rules on the conduct of hostilities, the treatment of prisoners of war, and the protection
of civilians and cultural property during armed conflicts.

By being treaty-based, IHL is created and developed through a process of negotiation and
consensus-building between states, which ensures that the rules are widely accepted and respected
by the international community. The treaty-based nature of IHL also allows for regular review and
updating of the rules to reflect changes in the nature of armed conflicts and the evolving needs of
the civilian population.
International Humanitarian Law (IHL), also known as the law of war or the law of armed
conflict, is a set of rules that governs the conduct of armed conflicts and seeks to limit
their effects. It applies to both international and non-international armed conflicts.

The main objectives of IHL are to protect people who are not or are no longer
participating in the hostilities, to restrict the means and methods of warfare, and to
ensure that military operations are conducted in a way that minimizes human suffering.

The fundamental principles of IHL include the principles of distinction, proportionality,

and military necessity. The principle of distinction requires parties to a conflict to
distinguish between civilians and combatants, and between civilian objects and military
objectives. The principle of proportionality prohibits attacks that may be expected to
cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a
combination thereof, which would be excessive in relation to the concrete and direct
military advantage anticipated. The principle of military necessity permits the use of
force only to the extent necessary to accomplish a legitimate military objective.

IHL also prohibits certain weapons and tactics that are deemed excessively injurious or
that cause unnecessary suffering, such as weapons that are indiscriminate or have a
disproportionate impact on civilians. It also provides for the protection of certain
groups, such as prisoners of war, the wounded and sick, and civilians.

IHL is mainly embodied in the four Geneva Conventions of 1949 and their Additional
Protocols of 1977, as well as in customary international law. It is binding on all parties to
an armed conflict, whether state or non-state actors.