What is international humanitarian law?
International humanitarian law (IHL), also known as the law of armed conflict or the law of war, is a set of rules and principles that governs the conduct of armed conflicts and seeks to protect those who are not or are no longer participating in hostilities, such as civilians and combatants who are hors de combat (incapacitated). IHL applies to both international armed conflicts (between states) and non-international armed conflicts (within the territory of a state). The primary purpose of international humanitarian law is to mitigate the suffering caused by armed conflicts and limit the methods and means of warfare. It aims to establish a balance between military necessity and humanity, ensuring that certain fundamental principles are respected during armed conflicts. These principles include: 1. Distinction: Parties to a conflict must distinguish between civilians and combatants, as well as between civilian objects (such as homes, hospitals, and schools) and military objectives. Attacks must be directed solely at military targets and not indiscriminately target civilians or civilian infrastructure. 2. Proportionality: The anticipated loss of civilian life, injury to civilians, and damage to civilian objects must not be excessive in relation to the anticipated military advantage of an attack. 3. Precautions: Parties to a conflict must take all feasible precautions to minimize harm to civilians and civilian objects. This includes giving advance warning of attacks when circumstances permit and taking measures to avoid or minimize collateral damage. 4. Prohibition of unnecessary suffering: The use of weapons or methods of warfare that cause excessive or unnecessary suffering is prohibited. This includes weapons that are indiscriminate, cause superfluous injury, or have long-lasting harmful effects on the environment. 5. Treatment of persons hors de combat: Those who are no longer taking part in hostilities, such as captured or wounded combatants, must be treated humanely. Torture, cruel treatment, or outrages upon personal dignity are strictly prohibited. International humanitarian law is primarily codified in the four Geneva Conventions of 1949 and their Additional Protocols of 1977, as well as in customary international law. These legal instruments provide a framework for the protection of individuals affected by armed conflicts and establish the obligations of states and non-state actors involved in such conflicts. It is important to note that international humanitarian law applies alongside other bodies of international law, including human rights law, refugee law, and criminal law, and helps to ensure the protection of individuals in times of armed conflict.
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