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

International Humanitarian Law (IHL) is a set of rules that aim to limit the effects of armed conflicts. These rules focus on protecting individuals and reducing suffering during wartime.

IHL applies to armed conflicts between states ('International Armed Conflicts', IACs) and, to a lesser extent, also in conflicts within a state ('Non-International Armed Conflicts', NIACs).

IHL aims to keep the impact of armed conflict under control by limiting the use of force and protecting individuals who are not directly participating in the fighting.

IHL draws its rules from various sources, including the Geneva Conventions (GCs), Additional Protocols (APs) and customary international law.

The intensity of an armed conflict plays a role in applying IHL rules. International Armed Conflicts (IACs) are those between two or more states, while Non-International Armed Conflicts (NIACs) involve fighting within a single state.

An action's likelihood to negatively impact military operations or capacity, cause death, injury, or destruction to protected persons or objects.

A clear link between the action and the resulting harm caused by the action itself or a coordinated military operation.

An act is purposefully designed to cause harm, supporting one party to the conflict and hindering another.

The obligation for states to respect and ensure the respect of International Humanitarian Law (IHL) by all parties involved.

Bringing IHL into national law through ratification of IHL treaties, incorporating it into domestic laws, and integrating it into military training and decision-making.

Military objectives are limited to objects that contribute to military action and whose destruction or capture offers a military advantage.

Civilians, wounded and sick, prisoners of war, religious personnel, medical personnel, Red Cross personnel, and peacekeeping forces are all protected by the laws of war.

Civilian objects, hospitals, safety zones, demilitarized zones, neutralized zones, cultural property, objects indispensable for civilian survival, works containing dangerous forces, and the natural environment are all protected by the laws of war.

Children are granted special protection under IHL, including a prohibition on their recruitment as soldiers and participation in hostilities.

Women are granted special protection under IHL, including protection from assault, rape, and enforced prostitution.

Cultural property, such as art, monuments, and cultural heritage, is a reflection of identity and heritage and should be protected in armed conflict.

Direct participation in hostilities refers to specific acts carried out by individuals as part of the conduct of hostilities between parties to an armed conflict.

The Hague Convention for the Protection of Cultural Property in Armed Conflict, the 1954 Protocol, the 1977 Additional Protocols, and the 1999 Protocol II are all legal instruments that provide guidance for the protection of cultural property in conflict.

The principle that parties to a conflict must distinguish between military objectives and civilians or civilian objects, only targeting the former.

An attack is prohibited if the anticipated incidental damage to civilians or civilian objects is excessive compared to the expected military advantage.

The principle that requires parties to a conflict to take all feasible measures to avoid or minimize civilian casualties and damage to civilian objects during attacks.

A military objective is any object that by its nature, location, purpose, or use makes an effective contribution to military action and whose total or partial destruction, capture, or neutralization offers a definite military advantage.

A civilian object is any object that is not a military objective. Examples include hospitals, schools, and places of worship.

Civilians are persons who are not taking part in hostilities. This includes people who are not members of the armed forces, as well as civilians who have laid down their arms or are no longer actively participating in hostilities.

Combatants are individuals who are actively participating in hostilities on behalf of a party to a conflict. They must distinguish themselves from civilians and engage in combat operations under the command of a responsible commander.

An attack is considered indiscriminate if it is not directed at a specific military objective and cannot distinguish between civilians and military targets. This includes attacks that are intended to spread terror among the civilian population.

A neutral, impartial, and independent organization mandated by states to protect victims of armed conflict and ensure the application of international humanitarian law (IHL).

The ICRC monitors and adapts IHL to reflect the realities of modern conflicts, advocating for the principles of IHL and raising awareness about its importance.

A core principle of IHL emphasizes that military action should only target military objectives, not civilians.

IHL rules aim to limit unnecessary suffering by restricting the methods and means of warfare. This ensures that the impact of conflict is minimized.

Protecting victims of conflict is a fundamental principle of IHL. This includes treating those in captivity humanely and providing humanitarian assistance to those affected by conflict.

IHL can be very complex in practice due to its extensive rules, ongoing challenges, and the nature of conflicts themselves.

Participants in the seminar will present on challenges to IHL, addressing current provisions, key developments, and the reasons why these issues pose difficulties for IHL.

Students should prepare a concise presentation covering specific IHL challenges and address the questions related to current provisions, key developments, and why these topics challenge IHL.