Lecture Notes on

Concept of International
Humanitarian Law
-Gyan
Basnet
-Meaning and Nature
-Origin and Development
-Sources
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International humanitarian law is a
set of rules which seek, for
humanitarian reasons, to limit the
effects of armed conflict.
 Nature & Meaning: What is
It is the body of law thatIHL?
applies in times of armed conflict:
International humanitarian law, the law of war, or the law of
armed conflict.
It is also sometimes described as the human rights law of
armed conflict.
The law of armed conflict (IHL) is the law that regulates the
conduct of armed conflicts (jus in bello).
It comprises the Geneva Conventions and the Hague
Conventions, as well as subsequent treaties, case
law, and customary international law.
It defines the conduct and responsibilities of
belligerent nations, neutral nations and individuals
engaged in warfare, in relation to each other and to
protected persons, usually meaning civilians.
Serious violations of international humanitarian law are
called war crimes.
 Nature & Meaning
It protects persons who are not or are no longer
participating in the hostilities and restricts the means and
methods of warfare.
IHL, (jus in bello) regulates the conduct of forces when
engaged in war or armed conflict.
It is distinct from (jus ad bellum) which regulates the
conduct of engaging in war or armed conflict and
includes crimes against peace and of war of
aggression.
Together the jus in bello and jus ad bellum comprise
the two strands laws of war governing all aspects of
international armed conflicts.
In a broad sense, the humanitarian provisions cover the
conduct of military operations, (methods and means
o combat) as well as the protection of the victims of
armed conflicts (wounded, sick, prisoners, and
civilian populations etc.
 What Does it Protect?
International humanitarian law also affords protection
to certain objects. The destruction of these objects will
have a detrimental effect on the civilian population.
The protected objects include:
Civilian objects: all objects which are not qualified as
military objectives;
Cultural objects and religious sites;
The natural environment;
Objects indispensable to the survival of civilian
population, such as water.
Works and installations containing dangerous forces,
such as dams, dykes and nuclear plants;
Medical equipment including the means of
transport;
 Why so Important?
War must be fought within certain legal boundaries. It is
crucial for human beings to survive, such as civilians, unarmed
people, POW and hostages. Human suffering is bad by any
means!
The aim of international humanitarian law is to humanise
warfare by limiting the human suffering caused by armed conflict.
Although it might seem more prudent to forbid all forms of war, it
would hardly be achievable in practice.
The rules of international humanitarian law strike a careful balance
between concerns for humanity and military necessity.
The IHL aim at safeguarding military personnel placed 'hors de
combat' and persons not taking part in hostilities;
They also determine the rights and duties of belligerents in the
conduct of operations and limit the choice of means of doing
harm.
It focuses the wellbeing of the civilians, hostages and warring
parties.
 WHO IS PROTECTED BY IHL?
One of the main purposes of IHL is to protect those
persons who do not take part or who have ceased to
take part in the hostilities.
- According to the 1949 Geneva Conventions, the following
persons are provided with protection during war:
Wounded and sick members of the armed conflicts on
land;
Sick, wounded and shipwrecked members of the armed
forces at sea;
Prisoner of wars;
Civilians, including foreign civilians and refugees on the
territory where the hostilities take place and civ ilians
in occupied territories.
Besides these four main categories protection is also
afforded to personnel of civil defence units, medical and
religious personnel.
 WHAT DOES IHL PROTECT?
One of the main purposes of IHL is to protect those
persons who do not take part or who have ceased to
take part in the hostilities. According to the 1949
Geneva Conventions, the following persons are provided
with protection during war:
Wounded and sick members of the armed conflicts on
land;
Sick, wounded and shipwrecked members of the armed
forces at sea;
Prisoner of wars;
-Civilians, including foreign civilians and refugees on the
territory where the hostilities take place and civilians in
occupied territories.
Besides these four main categories protection is also
afforded to personnel of civil defence units, medical and
religious personnel.
 Basic Features
The law (Geneva Conventions) is mandatory for
nations bound by the appropriate treaties.
International humanitarian law is part of international
law, which is the body of rules governing relations
between States
But a number of major military powers including US not
party to the First Additional Protocol.
They also determine the rights and duties of
belligerents in the conduct of operations and limit the
choice of means of doing harm.
Many provisions of the IHL are now accepted as
customary law - that is, as general rules by which all
States are bound.
Origin and Development
Two historical streams:
-The Law of Geneva: The
Geneva law (Conventions) is
concerned with the protection
of individuals.
-The Law of The Hague:
The Hague law is concerned
with the means and methods
of warfare.

Law of Wars in Ancient Times
The idea of rules to regulate armed conflict is almost as old as
conflict itself: as old as human civilization.
IHL is rooted in the rules of ancient civilizations and religions -
warfare has always been subject to certain principles and
customs.
It is recognised in religious texts such as in the Hindu Philosophy
Mahabharata, Gita and the Beda the Koran and the Bible,
as well as the writings of ancient scholars and philosophers.
Already in ancient times rules existed to regulate the conduct of
warfare which over time evolved into customary rules.
In ancient Nepal, for example the Laws of Manu, describing the
types of weapons that should not be used.
The beginning of modern international humanitarian law in the
sense of the modern movement to codify and develop customary
international law dates back to the middle of the nineteenth
century.
The process of drafting and adopting rules has mainly
taken place in The Hague and in Geneva.
 Codifications: Before the Hague
Conventions
-The international law of armed conflict is written down in
several Conventions, Declarations and Regulations.
The Lieber Code 1863: set out the rights and the
obligations of the armed forces during the war. It is regarded
as the first codification of rules regarding warfare.
The Lieber Code also forbade the execution of POWs.
In 1868 the Declaration of St Petersburg was adopted.
It was the first instrument that limited the use of weapons
during war. The Declaration banned the use of explosive and
incendiary projectiles.
At the same time, the involvement of a number of
individuals such as Florence Nightingale and Henry
Dunant led to more systematic efforts to prevent the
suffering of war victims.
Their individual efforts led to the founding of the
International Committee of the Red Cross (ICRC) in 1863.
 Hague Conventions
The next major developments in international
humanitarian law regarding methods and means took
place in 1899 at the First Hague Peace Conference.
It was successful in adopting three conventions:
- First, the Convention for the Peaceful Adjustment of
International Differences.
- Second, the Convention on Respecting the Laws and
Customs of War on Land, which contained annexed
Regulations concerning certain aspects of land warfare.
- The Conference also adopted the Convention for the
Adaptation to Maritime Warfare
In 1907 the Second Peace Conference was organised.
Its main goal was to ensure international peace by
developing more specified treaties. Therefore, 13 new
conventions and one declaration were adopted.
 Geneva Conventions
There are four Geneva Conventions including :
- First Geneva Convention Considering the Wounded and the sick
in armed forces in the field (first adopted in 1864, last revision
in 1949)
- Second Geneva Convention: for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea.
- Third Geneva Convention: Treatment of Prisoners of War"
(first adopted in 1929, last revision in 1949)
- Fourth Geneva Convention: The Protection of Civilian
Persons in Time of War.
In addition, there are three additional amendment protocols to
the Geneva Convention:
- Protocol I (1977): Relating to the Protection of Victims of
International Armed Conflicts.
- Protocol II (1977): Relating to the Protection of Victims of Non-
International Armed Conflicts.
 Other International Laws
- Other Regulating
agreements Conflicts
prohibit the use of certain
weapons and military tactics and protect certain
categories of people and goods. These
agreements include:
The 1954 Convention for the Protection of Cultural
Property in the Event of Armed Conflict, plus its two
protocols;
The 1972 Biological Weapons Convention;
The 1980 Conventional Weapons Convention and its
five protocols;
The 1993 Chemical Weapons Convention;
The 1997 Ottawa Convention on anti-personnel mines;
The 2000 Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in
armed conflict.
 When Does IHL Applies?
International humanitarian law is applicable in the event of
armed conflict, whether international or non-
international in nature.
An international armed conflict is a conflict between two
or more states.
The 1949 Geneva Conventions are applicable to all cases
of declared war or any other armed conflict which may
arise between two or more of the High Contracting Parties,
even if the state of war is not recognised by one them
There is no definition of a non-international armed conflict
in international humanitarian law, Article 3 common to the
four Geneva Conventions of 1949 states that this single
article shall apply to cases of armed conflict not of
an international character taking place on the
territory of a State Party.
 Sources of IHL
Prior to codification in the 19th Century, sources of IHL
included domestic military codes, bilateral treaties,
conflict-specific agreements, and customs and traditions.
Persians, and Greeks all had rules or laws concerning
various aspects of war, such as treatment of prisoners, use
of poisons, and respect for cultural objects.
Conduct and means of war go back to ancient times.
Treaties
Case Law
Customary Law
Military Manuals
Traditions
Journals and Yearbooks
Experts Writings: In Europe, the earliest writers on
international law discussed standards for armed conflicts
e.g. Hugo Grotius.
 Leading Institutions to
International Enforce
CommitteeIHL
of the Red Cross
United Nations
International Court of Justice
International Criminal Court
International Criminal Tribunals such as
ICTY and ICTR (ad hoc).