Lecture 3: Key Principles, Special Protection and Implementation of IHL

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Questions and Answers

What does IAC stand for in the context of international humanitarian law?

Independent Armed Coalition

Internal Armed Conflict

International Armed Conflict (correct)

Intermittent Armed Combat

Which of the following is not a source of International Humanitarian Law (IHL)?

Additional Protocols

Geneva Conventions

Civil Rights Act (correct)

Customary law

Which statement correctly describes the application of AP II?

AP II applies universally to all types of conflicts without exceptions.

AP II applies only in international armed conflicts.

AP II is only applicable if the conflict involves non-state actors.

AP II applies in non-international armed conflicts, with strict intensity requirements. (correct)

What principle involves differentiating between combatants and civilians during armed conflict?

Distinction Signup and view all the answers

What must be demonstrated for a conflict to qualify as a Non-International Armed Conflict (NIAC)?

Organized armed groups fighting on both sides Signup and view all the answers

What is one of the main criteria for an act to qualify as direct participation in hostilities?

The act must likely adversely affect military operations. Signup and view all the answers

Which option best describes the concept of 'direct causation' in the context of IHL?

There must be a direct causal link between the act and the resulting harm. Signup and view all the answers

Which of the following represents an obligation of states concerning International Humanitarian Law (IHL)?

Integrating IHL into domestic law and military training. Signup and view all the answers

What is a fundamental role of the ICRC as established in 1863?

To uphold the principle of humanity and protect victims of war. Signup and view all the answers

Which approach is taken to prevent violations of International Humanitarian Law?

Teaching the rules to armed forces and the general public. Signup and view all the answers

What must be distinguished according to Art. 48 AP I?

Civilians and combatants Signup and view all the answers

Under which condition is it permissible to attack civilian objects?

If they are used for military purposes Signup and view all the answers

What does the principle of proportionality in armed conflict relate to?

The amount of force used compared to the anticipated military advantage Signup and view all the answers

What is a significant challenge in applying the principle of proportionality?

Comparing unlike quantities and values Signup and view all the answers

What is required under Art. 57(1) AP I to minimize civilian harm?

Feasible precautions must be taken Signup and view all the answers

Which scenario might justify an attack on a hospital?

If it is transformed into a military storage for weapons Signup and view all the answers

Which of the following actions could violate international humanitarian law (IHL)?

Marking a bomb to appear like a food package Signup and view all the answers

According to Art. 52(2) AP I, what constitutes a military objective?

Attacks limited strictly to military objectives Signup and view all the answers

Which group is protected by International Humanitarian Law (IHL)?

Civilians and other non-combatants Signup and view all the answers

Which of the following is considered a military objective?

Military bases Signup and view all the answers

What special protection is granted to children under International Humanitarian Law?

Prohibition of recruitment as soldiers Signup and view all the answers

What is one aspect of cultural property protection in armed conflict?

Helps in community reconstruction post-conflict Signup and view all the answers

Which of the following statements best describes direct participation in hostilities?

Specific acts carried out as part of hostilities Signup and view all the answers

Women in armed conflict are granted special protection regarding which of the following?

Prohibition against attacks on their honor Signup and view all the answers

Which of the following is NOT protected under International Humanitarian Law?

Military installations Signup and view all the answers

What is a primary consideration for the treatment of child combatants?

They should receive privileged treatment Signup and view all the answers

What is one of the primary roles of the ICRC?

To ensure the application of IHL Signup and view all the answers

Which function of the ICRC involves raising awareness of serious violations of IHL?

Watchdog function Signup and view all the answers

What does the basic idea of International Humanitarian Law (IHL) emphasize?

Protecting civilians and treating the victims humanely Signup and view all the answers

What type of organizations does the ICRC collaborate with?

Voluntary relief societies Signup and view all the answers

Which article of the Geneva Conventions tasks the ICRC with promoting understanding of IHL?

Article 5 Signup and view all the answers

What is the role of the ICRC as a 'guardian angel'?

To defend IHL from regressive legal changes Signup and view all the answers

What requirement is NOT part of the IHL principles?

Do not use biological weapons Signup and view all the answers

Which function of the ICRC aims to encourage dialogue about humanitarian concerns?

Catalyst function Signup and view all the answers

Study Notes

Lecture 2: Key Principles of IHL

IHL is a set of rules designed to limit the effects of violence in armed conflict.
Its aim is to protect people not directly involved in hostilities like wounded, shipwrecked, prisoners of war, and civilians.
IHL limits the effects of violence by targeting only appropriate objects.

Outline

Repetition
Basic Principles
Special Protection
Direct Participation
Compliance & Enforcement
ICRC

Legal Nature of IHL (1)

Protecting persons not directly engaged in hostilities (e.g., wounded, prisoners of war, civilians)
Limiting violence to achieve the objectives of the conflict.

Legal Nature of IHL (2)

A set of rules limiting the effects of armed conflict.
Applies in international armed conflicts (IACs) and to a lesser extent in non-international armed conflicts (NIACs).
Sources include: treaties, customary international law

Level of Intensity – IAC v NIAC

Four Geneva Conventions (GCs) and Additional Protocol I (AP I) apply in international armed conflicts (IAC).
An IAC occurs when states use armed force, irrespective of reasons or intensity.
AP II applies in non-international armed conflicts (NIAC) but requires a certain level of intensity and organized armed groups on both sides

IAC/NIAC or 'Something Else'?

Internal Disturbances
Belligerent Occupation

Key Principles of IHL

Distinction
Military necessity vs. Humanity
Proportionality
Precaution

Distinction

Respect for and protection of civilian population and civilian objects.
Distinguishing between civilians and combatants and between civilian objects and military objectives.
Do not attack civilians unless they are directly participating in hostilities.
Do not attack civilian objects unless they are military objectives.
Indiscriminate attacks are prohibited.

Proportionality

Attacks are prohibited if they cause excessive civilian casualties or damage compared to the concrete and direct military advantage.

Precautions

Take all feasible precautions to avoid unnecessary loss of civilian life or damage to civilian objects.

Case Studies

Examples of situations in which IHL principles might be challenged or applied (eg. hospital attacks, weapons camouflage).

Military Targets: Fighters and Platforms

Military targets are strictly limited to those objects that effectively contribute to military action.

Defining Military Objective

Attacks are strictly limited to military objectives.
Military objectives are those objects whose destruction, capture, or neutralization offers a definite military advantage.

Sleeping Soldiers and Child Soldiers: Shoot or No Shoot?

Dilemmas in applying IHL in specific situations (ethical and practical challenges).

How About Children and Women?

Special protections for children (recruitment, participation in conflict).
Special protections for women (expectant mothers, mothers of small children).

Protective Emblems

Specific emblems used to identify protected personnel and objects. (e.g. Red Cross, Red Crescent)

What Is Protected by IHL?

Civilian objects
Hospitals and safety zones, demilitarized zones
Cultural property
Objects indispensable for the survival of the civilian population
Works and installations containing dangerous forces
Natural environment

What is 'Direct Participation'?

Direct participation in hostilities consists of specific acts carried out by individuals or groups.
It must be likely to affect military operations or inflict death/injury.
There must be a direct causal link between the act and the harm
The act must be specifically designed to cause the required threshold of harm.

IHL Compliance

Respect for and implementation of IHL in national legal order.
Ratification and accession to treaties.
Integrate IHL into domestic law and military training.
States conduct investigations of forces.
International criminal liability.

How is IHL Enforced?

Teach rules to armed forces and general public.
Prevent IHL violations and punish offenders.
Pass laws to punish war crimes.
Establish war crimes tribunals.

ICRC: What the Organization Does

Founded in 1863 by Henry Dunant.
Examine and promote the principle of humanity and other IHL principles.
Provide neutral and impartial humanitarian assistance.
Assist victims of armed conflict or other situations of violence.

ICRC at Work

ICRC's various functions (monitoring, promotion, etc).
ICRC's role in contributing to the application of IHL.

ICRC & its Partners

Describes the network of partners that support the IRC.

Conclusion

Summarizes the key ideas of IHL.
Highlights the balance between simplicity and complexity of IHL in practice.

Next Week

Introduction to the next topic (outline only)

Thank You

What Do We Expect?

Seminar guidelines: Group work, presentations, key questions (topic-related IHL provisions, developments in IHL, challenges to IHL).

Groups

List of groups and their assigned topics

Studying That Suits You

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Description

Test your understanding of the key principles of International Humanitarian Law (IHL) covered in Lecture 2. This quiz explores the legal nature of IHL, protections for civilians and combatants, and the application of rules in armed conflict. Assess your knowledge of the limitations imposed on violence in such situations.