What is International Humanitarian Law?

Definition: International Humanitarian Law is a

sub-branch of public international law that seeks
to limit the humanitarian consequence of armed
conflicts.

It comprises rules of international law which

establish minimum standard of humanity that must
be respected in any situation of armed conflict
 Nomenclature/Terminology
The law of war
The law of armed conflict
International humanitarian
law( the prevailing approach these
days
 Scope and Nature of International
Humanitarian Law
• The applicability of IHL/jus in bello/ is irrespective
of the arguments of the rules of jus ad bellum
• It’s is also applicable irrespective of the legality of
the war. The fact that the war violates international
law doesn’t matter.
• The recognition or otherwise as to the existence of
war by one of the parties to the conflict or by the
international community is immaterial for the
applicability of IHL/Common Art 2 to the four GCs/
 Cont’’’’d
• IHL works based on the principle of equality of
belligerent parties. This means IHL is equally
binding on all parties to an armed conflict,
irrespective of their motivations or of the nature or
origin of the conflict.
• IHL does not prevent/stop/ war from being
happened. What it does rather is regulating the
conduct of hostilities. It recognizes war.
• It’s also applicable irrespective of the recognition of
the state. E.g 1967(Arab-Israel war)
 Purpose of IHL
• The ultimate purpose of IHL is balancing military
necessity and of humanity.
• IHL makes clear that military necessity does not
give the belligerents carte blanche/unlimited
discretion/ to wage unrestricted war.
• Rather consideration humanity imposes certain
limits on the means and method of warfare, and
requires that those who fallen into enemy hands be
treated humanly at all times.
 Sources of IHL
 The sources of public international law provided under Art 38(1)(a) of
the statue of the International court of Justice(ICJ) are also sources of
IHL.
1) Treaties: IHL is one of the most densely codified branch of
international and that treaties remains the most relevant sources.
• A treaty law could be bilateral or multilateral
• All most all treaty laws of IHL are multilateral treaties.
a. Geneva Convention I
b. Geneva Convention II
c. Geneva Convention III
d. Geneva Convention IV
 Contt’’’d
a. Additional protocol I to the 4 GCS
b. Additional Protocol II to the 4GCs
c. Hague regulation of 1899 and 1907
d. Convention on Certain conventional
Weapons (1980)
e. Convention on Cluster Munitions
(2008)
 Contt’’’d
2) Customary IHL:
• Customary rules of IHL are applicable to both
international and non international armed conflict
• But there has to consistent state practice/the
objective element/and opinio juris/the subjective
element
• A state or an armed group could be bound by
customary IHL even if it is not a party to treaty IHL
rules.
• Currently we have more than 161 customary IHL
rules, according to the ICRC.
 Contt’’’’’d
3) General principles of Law(No clear definition as
to what constitute GPL)
4) Case laws (It could be a decision rendered by a
national, regional or international tribunal)
5) Writing of Scholars (not every publication could
serve as source of IHL)
6) Other “soft laws” (Interpretations of IHL given by
international organizations and states)
 The Relationship between IHL and
other International Laws
• IHL and International Human Rights
Law(IHRL)
• IHL and international Criminal Law
• IHL and the International of use of
Force