IHL Principles and International Criminal Law

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Questions and Answers

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

Additional Protocols

Customary international law

Military directives from individual states (correct)

Geneva Conventions

What role does the international community play in determining the existence of an armed conflict?

It is the sole authority to declare armed conflicts.

It has no role in such determinations.

It can provide context but cannot declare conflicts.

It contributes to the assessment alongside other entities. (correct)

What does the principle of military necessity entail?

Justifies actions that adhere to the law of war. (correct)

Justifies the use of any means necessary during war.

Allows violations of IHL during conflicts.

Only applies in international armed conflicts.

Which action would violate international humanitarian law as per Common Article 3?

Engaging in torture or cruel treatment. Signup and view all the answers

What is the minimum guarantee required during a conflict according to IHL?

Judicial process before execution. Signup and view all the answers

What does the First Geneva Convention specifically protect?

Wounded or sick soldiers on land Signup and view all the answers

Which of the following is considered a non-international armed conflict (NIAC)?

A conflict involving State forces and organized non-State armed groups Signup and view all the answers

Under International humanitarian law (IHL), belligerent occupation refers to which situation?

When a territory is under the control of a foreign power during an international armed conflict Signup and view all the answers

Which of the following crimes is NOT covered under international criminal law?

Sexual violence in conflict Signup and view all the answers

What principle states that special laws take precedence over general laws in the context of international humanitarian law?

Lex specialis derogat lex generalis Signup and view all the answers

Which of the following best defines an international armed conflict (IAC)?

Any use of armed force between two or more States Signup and view all the answers

Civilians protected under the Fourth Geneva Convention include which of the following?

Foreign civilians in occupied territories Signup and view all the answers

Which of the following accurately describes the interaction between International Humanitarian Law (IHL) and International Criminal Law (ICL)?

IHL is applicable during armed conflicts while ICL has retro-active applications that depend on circumstances Signup and view all the answers

Study Notes

IHL Principles and Components

IHL Purpose: IHL aims to limit armed conflict's impact humanely, protecting those not involved in hostilities and regulating warfare methods.

Geneva Conventions and Additional Protocols

Protections: The Geneva Conventions safeguard individuals detached from active conflict:
- First Geneva Convention: Wounded/sick soldiers on land, medical personnel.
- Second Geneva Convention: Wounded/sick/shipwrecked naval personnel, medical personnel.
- Third Geneva Convention: Prisoners of war.
- Fourth Geneva Convention: Civilians (foreign, occupied territory, detainees, medical/religious personnel, civil defense).

International Criminal Law (ICL)

Crimes: ICL addresses:
- Genocide
- War crimes
- Crimes against humanity
- Ethnic cleansing

Key Legal Principles

Lex specialis derogat lex generalis: Specific international law supersedes general law.
Armed Conflict Requirement: IHL applies solely during armed conflict.
Retroactive Application: Enforcement of International Criminal Law can be retroactive dependent on particular situations.

Types of Armed Conflict

International Armed Conflict (IAC): Conflict between states or a state and international organizations.
Non-International Armed Conflict (NIAC): Conflict between a state and organized non-state groups or between armed groups.
Simultaneous Conflict Classification: The applicability of IHL depends on the interrelationships between warring groups, and several conflicts might occur simultaneously within a region.

Belligerent Occupation

Definition: Temporary foreign control over a territory in an international armed conflict, even if facing no resistance.

Sources of IHL

Geneva Conventions
Additional Protocols
Thematic treaties
Customary international law
Jurisprudence (judicial decisions)
Doctrine (legal writings)

Determining Armed Conflict Existence

Not Solely Determined by Parties: The international community, ICRC, and judicial institutions verify armed conflict.

Military Necessity and Humanity

Military Necessity: The principle that justifies necessary actions during conflict. However, it cannot violate IHL.
Principle of Humanity: Prohibits disproportionate suffering during conflict.

Common Article 3

Minimum Standards: This article assures fundamental humanitarian protections during any armed conflict (internal or international) between parties: prohibits violence against persons, torture, humiliating/degrading treatment, and arbitrary sentencing or execution.

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Description

This quiz covers the principles of International Humanitarian Law (IHL) and its key components, including the Geneva Conventions and International Criminal Law (ICL). It focuses on the protections offered to individuals in armed conflicts and the legal principles governing warfare and crimes against humanity. Test your understanding of these critical legal frameworks.