Introduction to

International
Humanitarian
Law
AT T Y. C E C I L I A J I M E N E Z - D A M A RY
L L . M . P U B L I C I N T E R N AT I O N A L L AW

SEPTEMBER 2023
Conflict is bloody, it ruins lives.
Conflict is the very act of
dehumanization --- But it is precisely
for these intractable circumstances
the neutral and impartial
humanitarian action is designed.

- MIRJANA SPOLJARIC, PRESIDENT OF THE

INTERNATIONAL COMMITTEE OF THE RED CROSS
 Outline

- Background

- Development of norms

- Principles of IHL

- Relevance of IHL to TJ
 What is IHL?

- a set of international rules that apply to ARMED CONFLICT

- Jus ad bellum vs. jus in bello

- Armed conflict situations – IAC and NIAC; occupation

- Parity of parties to the conflict

- Nature of Lex Specialis

 Background
- Many antecedents , e.g. religious origins, historical antecedents, ancient philosophical thoughts,
cultural traditions,

- Pre-modern normative declarations: Lieber Code,

- The Role of the Swiss Banker Henry Dunant – leading to the establishment of the ICRC

- Modern IHL development– only in the late 1940s, side by side with the founding of the UN Charter
and IHRL development
◦ 1949: Four Geneva Conventions
◦ 1970s: Two Additional Protocols
 Development of Norms
Treaty law

International customary law

Opinio juris

Application of IHRL and IHL in armed conflict situations:

◦ Humanitarisation
◦ Humanisation
 Treaties

International Armed Conflict:

◦ Four Geneva Conventions
◦ 1977 Additional Protocol 1 (API)

Non-International Armed Conflict:

◦ Common Article 3 of the four Geneva Conventions
◦ 1977 Additional Protocol 2 (APII)
 Common Article 3 - NIAC
• Persons taking no active part in the hostilities, including members of armed forces who have laid down
their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in
all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion
or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall
remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
• violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

• taking of hostages;

• outrages upon dignity, in particular humiliating and degrading treatment; and

• the passing of sentences and the carrying out of executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by
civilized peoples.
• The wounded and sick shall be collected and cared for.
 IHL Core Principles

Principle of distinction:
 fighters / combattants vis-à-vis civilians and civilian objects
 “hors de combat”
Principle of humanity: The prohibition to inflict unnecessary suffering –
Principles of precaution and of proportionality: in the conduct of hostilities, limitation of
damage to civilians
Optional viewing:

This video summarises the basics of International Humanitarian Law

https://phap.org/PHAP/Events/OEV2015/OEV150521.aspx?EventKey=OEV150521
 Relevance of IHL to TJ
- Presumption: Preventive and Protective nature of IHL, mainly towards civilians
◦ based on principles of distinction, humanity, proportionality and precaution

- Examples:
◦ Torture, including biological experiments as well as rape and other forms of sexual violence
◦ Genocide
◦ War Crimes = violations of the laws of war covered by International Criminal Law:
◦ Atrocities or offences against persons or property;
◦ Murder
◦ Ill-treatment of prisoners of war
◦ Killing of hostages
◦ Plunder of public or private property
◦ Plunder of property, wanton destruction, devastation
◦ Destruction of property of cultural significance
◦ Other breaches of the Geneva Conventions
Optional film viewing: Eye in the Sky
◦ Trailer: https://www.youtube.com/watch?v=PxpX8-efsZI
◦ https://www.imdb.com/title/tt2057392/

◦ If you manage to view the film and if you want to do so – you have the option of making a reflection paper
consisting of not more than 500 words in regard to the following:
◦ Your rendition: how the film demonstrates the use of IHL in military decisions on consequences to civilians and “combattants”
◦ Your opinion: was the final decision correct or not, considering the protective nature of IHL? Why, why not?
◦ Deadline: Any time on or before December 9 Saturday , in a document sent to me directly by email.
◦ You will receive a one bonus point depending on how well you answer the guide questions above. Bonus
points are on top of the final percentage grade at the end of the trimester.
◦ Non-appealable.