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Summary PRI3701 - Principles Of International Law - Essay on International Humanitarian Law
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- University Of South Africa (Unisa)
Essay on International Humanitarian Law
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TOPIC 4: INTERNATIONAL HUMANITARIAN LAWGLOSSARY:
1. Jus ad bellum – the law governing the right to go to war (how you go to war)
2. Jus in bello – the law governing the conduct of hostilities during armed conflict (how you fight)
3. Combatant – member of the armed forces
4. Civilian – an individual who is not a member of armed forces
5. Belligerent – an individual engaged in the act of war
6. Prisoner-of-War – person held in custody by the enemy power, to which international humanitarian
law has granted specified rights
7. Armistice – a declaration suspending military operations
1. Introduction:
> IHL seeks to control and monitor the conduct of armed conflict and the suffering it causes
> It extends protection to both combatants (those fighting the war) and the people not involved in the armed
conflict (civilians)
Humanitarian Law is divided into:
1. “The law of the Hague” – which regulates the conduct of military operations to ensure that they are concluded
in a humanitarian manner
2. “The law of Geneva” – which focuses on the protection of the victims of armed conflict
> Both play a role in armed conflict and these two branches are closely interrelated
> IHL applies to both international and internal conflicts, but not to the same extent
Definition of armed conflict - (The International Criminal Tribunal for Former Yugoslavia, stated in the Tadic case
(1996) 35 ILM32 that armed conflict exist when:
> Armed forces is used between states
> Such force is used between governmental authorities and organised armed groups
> When organised armed groups within a state resort to armed force
Difference between combatants and civilians:
Activity 47 & 48
Combatants:
> Legitimate targets during armed conflict
> Entitled to engage in conflict
, > Entitled to POW status when captured
> Combatants are obliged to distinguish themselves from the civilian population, if they want to retain their status
as combatants
> They must carry their arms openly during military engagement
Civilians:
> May not be targeted during armed conflict – this means that belligerents must distinguish between military
targets and civilian targets
> The principle of proportionality requires that when an attack causes civilian causalities or damage which is not
proportionate to the expected military advantage, even military objects may not be attacked
> May not engage in armed conflict – if they do, they are liable to be punished as criminals
> Not entitled to POW status
2. Brief historical background
No single event spearheaded the development of humanitarian law, the following are a few:
1. The American Civil War took place from 1861-1865. In 1863 the US President spread the Lieber code (also
known as Instructions for the Government of Armies of the US in the field)
The code contained rules on land and warfare (the treatment of hostilities, POW, treatment of wounded,
etc.)
The code was designed for and applied to an internal conflict and served as a model for the 19th century
attempts by the international community to codify the laws and customs of war
2. The Geneva Convention for the Amelioration of the Condition of the Wounded of Armies in the field was
adopted in 1864
This development followed as a result of the pioneering work of Henry Dunant
His work also prompted the creation of the International Committee of the Red Cross (non-governmental
organisation that provides relief to victims of marred conflict)
3. In 1868 the Declaration Renouncing the Use, in Time of War, of Explosive Projectiles under 400 grams, was
adopted
The Declaration aimed at outlawing the use of specific projectiles which has causes wounds and suffering to
victims
4. The Lieber Code had a strong influence on the 1874 Declaration of Brussels drafted at the international
conference
The declaration did not enjoy binding force but was a stepping stone towards the binding of laws and
customs of war on land
5. Initiative by the Russian government resulted in the 1899 First Hague Peace Conference – it wanted to
create conditions which would end future wars
It was the first successful attempt by the international community to codify the comprehensive rules of
warfare
The Final Act of the First Hague Peace Conference in 1899 proposed that a subsequent conference be held
to discuss matters on which no agreement had been reached
In 1907, 44 states attended the conference and they were unable to reach general agreement on arms
limitations
The 1907 Hague Convention IV was declared as customary international law
6. In 1954 the UN Educational, Scientific and Cultural Organisation (UNESCO) held a conference in which the
Hague convention for the protection of cultural property in the event of armed conflict was adopted
> The third Hague peace conference was never held due to the outbreak of WWI
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