International Humanitarian Law: The Laws of War

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In a third Additional Protocol was adopted which created an additional emblem, the Red Crystal. They specifically protect civilians and those who are no longer participating in the hostilities, such as wounded, sick and shipwrecked soldiers and prisoners of war. Hague Conventions The Hague Conventions consist of a range of conventions, adopted more that a years ago.

International humanitarian law

They were among the first formal statements of the laws of war and war crimes. However, they still regulate the means and methods of warfare. Danish soldiers are educated in International Humanitarian Law to ensure compliance both within and outside of Denmark. This page in Danish. Generally, combatants are defined as members of the armed forces of a party to an international armed conflict. In contrast, fighters during a non-international armed conflict, although still entitled to legal protection, may be prosecuted for mere participation in hostilities under domestic law, including for acts that comply with international humanitarian law.

Sources of international humanitarian law

International humanitarian law strives to limit the effects of armed conflict and minimize human suffering. International humanitarian law rests on a careful balancing between the foundational principles of humanity and military necessity.

The principle of military necessity can be both limiting and permissive. As a limiting principle, military necessity restrains the lawful use of force to what is necessary to achieve a military goal and prohibits violence excessive to achieve this aim. Yet, the principle of military necessity cannot be invoked to justify violations of international humanitarian law.

Military necessity is counter-balanced by the principle of humanity. The principle of humanity protects those who are not or no longer actively participating in hostilities and provides for their humane treatment at all times. Furthermore, the principle of humanity protects those who directly participate in hostilities from superfluous injury or unnecessary suffering.

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War, weapons & victims : legal responses: IHL

The Martens clause is an expression of the principle of humanity. From these two foundational principles flow a series of other basic principles upon which international humanitarian law rests. The principle of distinction requires parties to an armed conflict to distinguish between combatants and civilians and between military and civilian objects.

Sources: Where to find international humanitarian law? When does international humanitarian law apply?

What are the basic principles of international humanitarian law? Twitter Facebook Youtube LinkedIn. The Geneva Academy, a joint centre of.

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It was at this time, too, that a neutral protective sign for those helping the victims of conflict was adopted; a red cross on a white background, the exact reverse of the Swiss flag. In the century and a half that followed the body of international humanitarian law grew. The Geneva Convention was extended, in and so as to improve the conditions of sick and wounded soldiers in the field and to define new rules on the protection of prisoners of war.

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In and , the Hague Conventions, mainly aimed at regulating the conduct of warfare, were also adopted. In August , the four Geneva Conventions as we know them today were adopted. This time they also included the protection of civilians, reflecting the terrible experience of World War II.


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Protocols were added to the Geneva Conventions in and , and a range of other international conventions and protocols covering specific areas such as conventional weapons, chemical weapons, landmines, laser weapons, cluster munitions and the protection of children in armed conflicts has developed the reach of IHL.

So too has the codification of customary law.

The core, however, remains the Geneva Conventions and their additional Protocols. They combine clear legal obligations and enshrine basic humanitarian principles.

H2O | Casebooks | International Humanitarian Law/Laws of War

It is forbidden to kill or injure them. Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red cross, red crescent or red crystal is the sign of such protection and must be respected.