What is IHL?

Laws of war.
Applies only during armed conflict (both international and internal)
Does not apply to internal disturbances or tensions. (Demonstrations and isolated acts of
violations) Human Rights law applies to these. Applicable to internal disturbance if there is
belligerent disturbance.
Brings a balance between humanity and Military activities.
Does not concern with the legitimacy of the conflict.
Jus in bello and jus ad bellum
jus ad bellum
The prohibition against the use of force amongst States and the exceptions to it ( self-defense
and UN authorization for the use of forces) set out in the United Nations Charter of 1945 are
the core ingredients of jus ad bellum.
Jus in bello
Regulates the conduct of parties engaged in an armed conflict. IHL is synonymous with jsu in
bello it seeks to minimize suffering in armed conflicts notable by protecting and assisting all
victims of armed conflict to greatest extent possible.
Basic Principles of IHL
Principle of Distinction: the distinction between civilians and combatants
Protection of non-combatants i.e. Civilians, medical personnel, wounded, sick PoW,
Surrendered etc. (hors de combat)
The principle of Military necessity. E.g. can not blow whole village
The principle of Proportionality.
The Principle of Humanity
The prohibition on the infliction of unnecessary sufferings.
Difference Between IHL and Human Rights Laws
Human Rights: how the government treats its subjects, national arena, peace time laws.
IHL: How states behave in war time situation with each other International area, war time
laws.
Founders:
Henry Dunant:
Business man, Geneva
He saw a battle of Solferino and wrote a book “A memory of Solferino”
40,000 peoples were killed ruthlessly in that war. This book gave rise to the Geneva
Conventions. Distinctions between soldiers and non-soldiers. International Committee of the
Red Cross(ICRC) based in Geneva Switzerland.
Francis Lieber
Author of Lieber Code
Accepted as national law was not international law.
Lieber Code became basis of the Hague Convention
Geneva Law intended to protect who were not or no longer participating in the hostilities.
Hague Law intended to restricted means and methods of warfare.
1899 & 1907 Hague Conventions
Martens Clause was introduced in the preamble of 1899 Hague Convention II on the laws
and customs of war on land.
“In cases not covered by law in force, the human person remains under the protection of the
principle of humanity and dictates of public conscience.
Prohibiting the discharges of projectiles or explosives from balloons
Prohibiting the use of asphyxiating gases
Prohibiting the use of expanding bullets (dumdums)
Limitation of armaments proposal
Geneva Conventions (1949): 1864, 1906,1929,1949
GCI: Protects wounded, sick soldiers at land
GCII: Protects wounded sick and shipwrecked military personnel at sea.
GCIII: Treatment of Prisoners of War.
GCIV: Protection of Civilian Persons.
International humanitarian law (IHL), also known as the law of armed conflict or the laws of
war, is a set of rules and principles that aim to limit the effects of armed conflict and protect
individuals who are not or are no longer participating in hostilities. While IHL primarily
addresses the conduct of armed forces during armed conflicts, its influence can extend
beyond the battlefield and have an impact on social reforms. Here's a detailed explanation of
how international humanitarian law can influence social reforms:
1. Protection of Civilians:
Impact on Social Reforms: IHL emphasizes the protection of civilians during armed
conflicts. This includes provisions to safeguard their lives, health, and dignity. The focus on
protecting civilians can influence social reforms by promoting policies and practices that
prioritize the well-being and rights of non-combatants.
2. Human Rights Framework:
 Impact on Social Reforms: IHL is closely connected to human rights law, and both bodies of
law share common principles. The protection of human dignity and fundamental rights during
armed conflicts can contribute to the development and strengthening of broader human rights
norms. This connection can lead to social reforms that prioritize the protection of human
rights in non-conflict situations as well.
3. Gender and Vulnerable Groups:
Impact on Social Reforms: IHL recognizes the specific needs and vulnerabilities of certain
groups, such as women, children, and persons with disabilities, during armed conflicts. This
recognition can influence social reforms by promoting gender equality and the protection of
vulnerable populations in areas such as education, healthcare, and employment.
4. Accountability for War Crimes:
Impact on Social Reforms: IHL establishes mechanisms for accountability for war crimes and
other serious violations. The pursuit of justice for these crimes can influence social reforms
by reinforcing the importance of accountability, transparency, and the rule of law. This may
extend to efforts to combat impunity and strengthen domestic legal systems.
5. Prevention of Conflict and Peacebuilding:
Impact on Social Reforms: IHL places an emphasis on preventing armed conflicts and
promoting peacebuilding. Efforts to prevent conflicts and build sustainable peace can
contribute to social reforms by addressing root causes of violence, promoting good
governance, and fostering social and economic development.
6. Protection of Cultural Heritage:
Impact on Social Reforms: IHL recognizes the importance of protecting cultural property
during armed conflicts. This emphasis on preserving cultural heritage can influence social
reforms by promoting the appreciation of diverse cultures, fostering cultural exchange, and
supporting initiatives that celebrate cultural diversity.
7. International Cooperation:
Impact on Social Reforms: IHL encourages international cooperation in responding to
humanitarian crises. This cooperation can extend to non-conflict situations, fostering
collaboration on global challenges such as public health, environmental protection, and
poverty reduction.
In summary, the influence of international humanitarian law on social reforms is
multifaceted. By emphasizing the protection of civilians, promoting human rights, addressing
the needs of vulnerable groups, ensuring accountability, and encouraging international
cooperation, IHL contributes to a framework that extends beyond the battlefield and shapes
efforts to build a more just and humane society. The principles embedded in IHL can inspire
and inform social reforms that prioritize the well-being, rights, and dignity of individuals in
various contexts.