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XVII. H. INTERNATIONAL HUMANITARIAN LAW (IHL) B. ' In occupied territories; ' protection is
vs. INTERNATIONAL HUMAN RIGHTS LAW (IHRL) accorded to all persons who are not of the
nationality of the occupying State. The following
IHL IHRL are, however, excluded:
 Seeks to protect by  Seeks to protect the
limiting suffering caused individual and promote (1) Nationals of a State which is not party to the
by war development by limiting Convention.
state power
 Only in armed conflict  Apply at all times (2) Nationals of a co-belligerent State, so long
(but some obligations as the State in question has normal diplomatic
even in peace time) representation in the occupying State.
 Binding on States and  Only binding on States
non-state actors (3) Persons covered by the definition given
above who enjoy protection under one of the
 Governs relations parties  Governs relations
three other Geneva Conventions of August 12,
to conflict between States and
1949.
individuals
 No derogation from IHL  Derogations in times of
International Criminal Tribunal for the Former
emergency
Yugoslavia (ICTY)
 No soft law  Soft Laws
 Monitored by ICRC  Monitored by various In Tadić the Appeals Chamber further found that:
mechanisms, e.g.
treaty bodies, courts, "[...] as apparent from the preparatory work, the
individuals Convention also intends to protect those civilians in
occupied territory who, while having the nationality of the
 DEFINITION OF “PROTECTED PERSONS” Party to the conflict in whose hands they find themselves,
are refugees and thus no longer owe allegiance to this
Article 4, Convention (IV) relative to the Protection of Party and no longer enjoy its diplomatic protection [...].
Civilian Persons in Time of War. Geneva, 12 August 1949
XVII. I. INTERNATIONAL COMMITTEE OF THE RED
“Persons protected by the Convention are those CROSS (ICRC) AND THE RED CRESCENT SOCIETY
who, at a given moment and in any manner
whatsoever, find themselves, in case of a conflict or VIDEO 1_ICRC
occupation, in the hands of a Party to the conflict or
Occupying Power of which they are not nationals.  ICRC'S MISSION STATEMENT

Nationals of a State which is not bound by the
Convention are not protected by it. Nationals of a
neutral State who find themselves in the territory of a
belligerent State, and nationals of a co-belligerent
State, shall not be regarded as protected persons
while the State of which they are nationals has
normal diplomatic representation in the State in
whose hands they are.”
A. ' On the territory of belligerent States: '
protection is accorded under Article 4 to all
persons of foreign nationality and to persons
without any nationality. The following are,
however, excluded:
(1) Nationals of a State which is not bound by
the Convention;
(2) Nationals of a neutral or co-belligerent State,
so long as the State in question has normal
diplomatic representation in the State in whose
territory they are;
(3) Persons covered by the definition given
above who enjoy protection under one of the
other three Geneva Conventions of August12,
1949.
The International Committee of the Red Cross is an
impartial, neutral and independent organization whose
exclusively humanitarian mission is to protect the lives
and dignity of victims of armed conflict and other
situations of violence and to provide them with assistance.
The ICRC also endeavours to prevent suffering by
promoting and strengthening humanitarian law and
universal humanitarian principles.
 FOUNDERS
 Henry Dunant
 Gustave Moynier
 Théodore Maunoir
 Guillaume-Henri Dufour
 Louis Appia
 LEGAL AUTHORITY
 Four Geneva Conventions of 1949 and their
Commentaries
 Treaties and Customary Law
 WHEN TO ACT?
 International Armed Conflicts (IAC) –
opposing two or more States armed forces;
 Non-International Armed Conflicts – between
governmental forces and nongovernmental
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armed groups, or between such groups only;
and,
 Other situations of Violence –
o Police, security vs. military, paramilitary
forces group(s) (large number of
individuals). The groups can be organized or
not;
OR
o Individual group(s) vs. individual group(s)
 ICRC EMBLEMS
 Red Cross
 Red Crescent
 Red Crystal
VIDEO 2_EMBLEMS
 USES OF THE ICRC EMBLEMS
 Protective use – the emblem becomes a
mantle of protection conferred by the Geneva
Convention upon persons, vehicles, and
property; and,
 Indicative use – the emblem identifies the
persons, vehicles, and property related to ICRC
SCRIPT
IHL VS IHRL
Differences:
1) What it seek to protect?
2) When they apply – will look at that more closely
in another minute. Note that in situations of
peace IHL may still apply – obligation to train
armed forces and duty to search for and
prosecute or extradite persons suspected of war
crimes.
3) Binding on states vs. states and non-state actors
(armed groups, even private military security
companies, all actors participating in the armed
conflict)
4) Vertical vs. horizontal
5) Derogation – IHRL foresees the right to
derogate in times of emergency – this means
that many of the rights in question can be
suspended – but there are certain rights that
may never be suspended ("hard core") Right to
life, prohibition of torture and slavery, the right
not to be subject to retroactive laws and
punishment. Need to notify derogationand
permit only derogation strictly required by the
situation and cannot adopt measures
"inconsistent with other legal obligations under
international law" (which includes IHL).
Art.4 ICCPR
1 . In time of public emergency which
threatens the life of the nation and the existence
of which is officially proclaimed, the States
Parties to the present Covenant may take
measures derogating from their obligations
under the present Covenant to the extent strictly
required by the exigencies of the situation,
provided that such measures are not
inconsistent with their other obligations under
international law and do not involve
discrimination solely on the ground of race,
colour, sex, language, religion or social origin.
(…)
3. Any State Party to the present
Covenant availing itself of the right of derogation
shall immediately inform the other States Parties
to the present Covenant, through the
intermediary of the Secretary-General of the
United Nations, of the provisions from which it
has derogated and of the reasons by which it
was actuated. A further communication shall be
made, through the same intermediary, on the
date on which it terminates such derogation.
6) Soft law – have you gone over this? UN
Standard Minimum Rules…etc.
INTRODUCTION OF PROTECTED PERSONS
International humanitarian law protects a wide range of
people and objects during armed conflict. The Geneva
Conventions and their Additional Protocols protect sick,
wounded and shipwrecked persons not taking part in
hostilities, prisoners of war and other detainees, civilians
and civilian objects.
EXPLANATION OF PROTECTED PERSONS
A. ' On the territory of belligerent States: ' protection
is accorded under Article 4 to all persons of foreign
nationality and to persons without any nationality. The
following are, however, excluded:
(1) Nationals of a State which is not bound by the
Convention;
(2) Nationals of a neutral or co-belligerent State, so long
as the State in question has normal diplomatic
representation in the State in whose territory they are;
(3) Persons covered by the definition given above who
enjoy protection under one of the other three Geneva
Conventions of August12, 1949.
B. ' In occupied territories; ' protection is accorded to
all persons who are not of the nationality of the
occupying State. The following are, however, excluded:
(1) Nationals of a State which is not party to the
Convention.
(2) Nationals of a co-belligerent State, so long as the
State in question has normal diplomatic representation in
the occupying State.
(3) Persons covered by the definition given above who

enjoy protection under one of the three other Geneva
Conventions of August 12, 1949.
There are two main classes of protected person: (1) '
enemy nationals ' within the national territory of each of
the Parties to the conflict and (2) ' the whole population '
of occupied territories (excluding nationals of the
Occupying Power). The other distinctions and
exceptions extend or restrict these limits.
Summary: Tadic
On 30 April 1992, the Serb Democratic Party (SDS) took
over control in the town of Prijedor (Bosnia and
Herzegovina). On 24 May 1992, the nearby town of
Kozarac (Bosnia and Herzegovina) was attacked,
resulting in the killing of some 800 civilians, and the
removal of non-Serbs from the town. During the attack
on Kozarac, non-Serb civilians were beaten, robbed and
murdered by the Serb forces. After the takeover of
Prijedor and the surrounding areas, the Serb forces
detained non-Serb civilians in three major prison camps:
the Omarska, Keraterm, and Trnopolje camps (all near
Prijedor, Bosnia and Herzegovina). Those who were
detained were subjected to beatings, sexual assaults,
torture, executions, and psychological abuse.
Furthermore, the detainees were held in unhygienic
conditions in overcrowded rooms (para. 53 et seq.).
Duško Tadić was the President of the Local Board of the
Serb Democratic Party in Kozarac (Bosnia and
Herzegovina).
After the takeover of Prijedor (Bosnia and Herzegovina)
and the attack launched against the town of Kozarac
(Bosnia and Herzegovina) in 1992, the non-Serb
civilians were detained in several prison facilities, where
they were beaten, sexually assaulted, tortured, killed and
otherwise mistreated. Duško Tadić was the President of
the Local Board of the Serb Democratic Party in Kozarac
(Bosnia and Herzegovina).
Trial Chamber II held that the elements required for the
establishment of grave breaches of the Geneva
Conventions have not been met. Particularly, the Muslim
victims were not in the hands of the party to the conflict
of which they were not nationals, since the armed forces
of the Republika Srpska were not an organ or agent of
the Federal Republic of Yugoslavia. Therefore, the
victims could not be seen as “protected persons” within
the meaning of the Geneva Conventions; as such, Trial
Chamber II acquitted Tadić of all charges of grave
breaches of the Geneva Conventions.
Trial Chamber II found Tadić guilty of crimes against
humanity (persecutions and inhumane acts) and of
violations of the laws or customs of war (cruel
treatment).
XVII. I. ICRC AND THE RED CRESCENT
The work of the ICRC is based on the Geneva
Conventions of 1949, their Additional Protocols, its
Statutes those of the International Red Cross and Red
Crescent Movement and the resolutions of the
International Conferences of the Red Cross and Red
Crescent. The ICRC is an independent, neutral
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organization ensuring humanitarian protection and
assistance for victims of war and armed violence. It
takes action in response to emergencies and promotes
respect for international humanitarian law and its
implementation in national law.
PLAY VIDEO 1_ICRC
MISSION STATEMENT
Established in 1863, the ICRC is at the origin of the Geneva
Conventions and the International Red Cross and Red
Crescent Movement. It directs and coordinates the
international activities conducted by the Movement in armed
conflicts and other situations of violence.
FOUNDING
What was to become the International Committee of the
Red Cross met for the first time in February 1863 in
Geneva, Switzerland. Among its five members was a
local man named Henry Dunant who, the year before,
had published a book (A Souvenir of Solferino) calling
for improved care for wounded soldiers in wartime.
By the end of the year the committee had brought
together government representatives to agree on
Dunant's proposal for national relief societies, to help
military medical services. And in August 1864 it
persuaded governments to adopt the first Geneva
Convention. This treaty obliged armies to care for
wounded soldiers, whatever side they were on, and
introduced a unified emblem for the medical services: a
red cross on a white background.
The ICRC's primary role was a coordinating one. But it
gradually became more involved in field operations, as
the need for a neutral intermediary between belligerents
became apparent. Over the following 50 years, the ICRC
expanded its work while national societies were
established (the first in the German State of
Württemberg in November 1863) and the Geneva
Convention was adapted to include warfare at sea.
WHEN TO ACT
The International Committee of the Red Cross (ICRC)
establishes the legal status of different situations in order
to determine the applicable law. It adopts a practical
approach to the issue, taking note of the views
expressed by various interested parties – States, armed
groups, international organizations, the UN Security
Council, courts, etc. – while giving primary consideration
to its own factual and legal analysis. In principle, the
ICRC communicates its view publicly, but may refrain
from doing so for humanitarian reasons.
On what authority does the ICRC determine whether
a situation of violence amounts to an armed
conflict?
In order to fulfil its humanitarian mandate in a given
situation of violence, the ICRC assesses whether or not
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it is an armed conflict. This allows the ICRC to refer to
the applicable rules in its dialogue with those involved in
the violence. Although the ICRC's legal classification of
a situation of violence does not bind States, the ICRC's
specific mandate under the Geneva Conventions, their
Additional Protocols and the Statutes of the International
Red Cross and Red Crescent Movement and its historic
role in the development of IHL gives a particular weight
to its classifications, which States must consider in good
faith.
How does the ICRC determine whether a situation of
violence is an armed conflict?
The ICRC takes great care in analysing a situation of
violence with the aim of determining the applicable legal
framework. It carries out its own independent
assessment, relying preferably on first-hand information
collected by its field delegations, or failing this on
credible and reliable second-hand sources.
PLAY VIDEO 2_EMBLEMS
REFER TO PETRALBA
6. Critically evaluate the Role of International Committee
of Red Cross in the effective Implementation of
International Humanitarian Law. Explain its role with
reference to the development of safeguards to an
accused during the Criminal
Trial.
As the guardian and promoter of IHL, the ICRC takes
action to protect and assist victims of armed con icts and
other situations of violence, and to foster respect for the
law. (See box.) It does the latter, notably by spreading
knowledge of IHL, by supporting its implementation at
the domestic level, by monitoring respect for it and by
reminding parties to con icts of their obligations. The
ICRC also plays an important role in the development of
IHL.
The ICRC’s activities to protect people during armed con
ict and other situations of violence are aimed at
obtaining full respect for applicable law. The ICRC
cannot physically protect people. Instead, it seeks to
minimize the dangers to which they are exposed,
prevent and put an end to the abuses to which they are
subjected, draw attention to their rights, and make their
voices heard. In other words, the ICRC monitors respect
for IHL and reports violations to the pertinent authorities.
Protection activities include detention work (visiting
prisons, assessing detention conditions, etc.), protection
of the civilian population and restoration of family links.
The aim of ICRC assistance is to preserve the lives
and/or restore the dignity of individuals or communities
adversely a ected by armed con ict or other situations of
violence. Assistance activities principally address the
consequences of violations of IHL. They may also tackle
the causes and circumstances of these violations by
reducing exposure to risk. Assistance activities vary with
the situation. They cover a broad range: from the
provision of food or medicines to capacity building for the
delivery of essential services, such as rehabilitation of
water supplies or medical facilities and the training of
primary-health-care personnel, surgeons and
prosthetic/orthotic technicians.
7. What is the significance of ICRC emblems, both
during or after war? Is there any misuse of this emblem
during and after war?
Explain the same with suitable examples.
The Geneva Conventions provide for three emblems: the
red cross, the red crescent, and the red lion and sun, the
last of which is no longer in use.
In 2005, Additional Protocol III recognized an additional
distinctive emblem: the red crystal. The red crystal
emblem is intended for use under the same conditions
and to serve the same purposes as the emblems defined
in the Geneva Conventions. It provides an alternative for
States that do not wish to display either the red cross or
the red crescent.
Any use of the emblem, during armed conflict or in
peacetime, that is not expressly authorized by IHL
constitutes misuse and is prohibited. There are three
types of misuse:
• imitation, meaning the use of a sign that, by its shape
and/or colour, may cause confusion with one of the
recognized emblems;
• usurpation, or the use of the emblem by any person or
organization that is not entitled to do so (commercial
enterprises, medical establishments or pharmacies, non-
governmental organizations or individuals, etc.).
Usurpation also includes the failure of persons
authorized to use the emblem to do so in accordance
with the rules of IHL;
• pefedy, or the use of the emblem to feign protected
status in order to kill, injure or capture an adversary (see
Question 12). Per dious use of the emblem in situations
of international armed con ict is a war crime.
Misuse of the emblem during war or in peacetime may
jeopardize the entire system of protection set up by IHL,
because belligerent parties may lose trust in the
emblem’s protective function. By undermining the public
signi cance of the emblem, misuse may also hamper
safe access for the Movement to persons and
communities a ected by humanitarian crises and
undermine its ability to deliver assistance and protection
services.
IHL speci es that States must take steps to prevent and
punish misuse of the emblem in wartime and peacetime
alike, and to enact legislation on the use and protection
of the emblem, providing for appropriate sanctions and
penalties in the event of misuse.