Lecture 2 questions

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Questions and Answers

What does the principle of humanity prohibit in conflict according to the ICRC?

It prohibits the infliction of suffering, injury, or destruction not necessary for achieving legitimate purposes.

What must all protected persons be treated with, according to the ICRC standards?

They must be respected, protected, treated without discrimination, and treated humanely.

Name one action that violates international humanitarian law as outlined in Common Article 3.

The murder of individuals, torture, or taking hostages.

What is the distinction principle related to civilian populations in armed conflicts?

It requires parties to distinguish between civilians and combatants and between civilian objects and military objectives. Signup and view all the answers

Under what condition can attacks against civilians be justified during hostilities?

Attacks on civilians are only justified if they take a direct part in hostilities. Signup and view all the answers

What is the primary purpose of International Humanitarian Law (IHL)?

The primary purpose of IHL is to limit the effects of armed conflicts for humanitarian reasons. Signup and view all the answers

List at least two sources where IHL can be found.

IHL can be found in the Geneva Conventions and customary international law. Signup and view all the answers

What significant historical document established the framework of IHL?

The significant historical documents are the Geneva Conventions of 1949. Signup and view all the answers

What does AP I of the Additional Protocols address?

AP I clarifies and adapts IHL to modern warfare. Signup and view all the answers

Which Geneva Convention focuses on the treatment of prisoners of war?

Geneva Convention III focuses on the treatment of prisoners of war. Signup and view all the answers

What does IHL regulate regarding warfare?

IHL regulates the means and methods of warfare. Signup and view all the answers

What is the significance of Common Article 3 in IHL?

Common Article 3 establishes minimum standards for humane treatment in non-international armed conflicts. Signup and view all the answers

Which protocol addresses the protection of victims of non-international armed conflicts?

AP II addresses the protection of victims of non-international armed conflicts. Signup and view all the answers

Who determines the existence of an armed conflict?

The international community, along with authoritative statements from the ICRC and judicial institutions. Signup and view all the answers

What is the applicable legal document for International Armed Conflicts (IAC)?

The Four Geneva Conventions and Additional Protocol I. Signup and view all the answers

According to the St. Petersburg Declaration, what is the legitimate objective of states during war?

To weaken the military forces of the enemy by disabling as many of their combatants as possible. Signup and view all the answers

List two key principles of International Humanitarian Law (IHL).

Distinction and proportionality. Signup and view all the answers

What does military necessity justify according to the US Law of War Manual?

The use of all measures needed to defeat the enemy as quickly and efficiently as possible, excluding actions prohibited by the law of war. Signup and view all the answers

What actions are prohibited under the principle of military necessity?

Actions that are specifically prohibited by the law of war. Signup and view all the answers

Name one obligation regarding treatment of civilians in armed conflicts.

Civilians should never be targeted. Signup and view all the answers

What must states ensure about their treatment of prisoners of war?

Prisoners must be treated as one would want to be treated. Signup and view all the answers

What is the primary focus of international humanitarian law according to the judgment in the case of Furundžija?

The primary focus is the protection of human dignity for every person, regardless of gender. Signup and view all the answers

In the context of international armed conflict, what are the two states involved typically referred to?

They are referred to as State A and State B. Signup and view all the answers

List one criterion used to determine the existence of a non-international armed conflict (NIAC).

One criterion is the minimum level of organization, such as having a command structure. Signup and view all the answers

What does the term 'certain level of intensity' refer to when assessing a NIAC?

It refers to factors like the duration of confrontations and the extent of material destruction. Signup and view all the answers

Why is the ability of a group to 'speak with one voice' significant in determining NIAC?

It indicates the group's capacity to negotiate and conclude agreements, such as cease-fires. Signup and view all the answers

What role does the involvement of the UN Security Council play in determining a NIAC's intensity?

Its involvement may reflect the significance and intensity of the conflict. Signup and view all the answers

In the context of NIAC, what aspects of weaponry and military equipment are considered?

The type and calibre of munitions used are key aspects considered. Signup and view all the answers

According to the ICTY judgment, what impact do civilian casualties have on defining the intensity of a conflict?

Civilian casualties serve as a measure of the conflict's impact and intensity. Signup and view all the answers

Study Notes

Lecture 2: Key Principles of IHL

International Humanitarian Law (IHL) is a set of rules that limits the effects of armed conflict. It protects those not participating in hostilities, and regulates the means and methods of warfare.
IHL aims to lessen the suffering of people during armed conflict.
Key principles of IHL include distinction, military necessity, and proportionality.

PIL - HR - IHL/ICL: What Applies?

Conflicts and their legal framework are complex. Different legal frameworks may apply in different situations, including international humanitarian law (IHL), international criminal law (ICL), and human rights law.
International courts and tribunals address questions related to conflicts. ICTY and ICRC have played a prominent role.
Alarming levels of violence are inflicted on children in armed conflict. Reports and data on this are available.

Outline of IHL

The historical development of IHL is significant, progressing from earlier forms to the Geneva Conventions and additional protocols.
Sources of IHL include Geneva Conventions, Additional Protocols, specific treaties and customary international law; jurisprudence and doctrine.
Scope of application & types of conflicts covers how IHL is applied to different types of conflict (e.g., international armed conflict, non-international armed conflict).

What is International Humanitarian Law?

IHL limits the effects of armed conflict
IHL regulates the use of force
IHL covers human rights in armed conflict

How Did IHL Come into Existence?

The creation of IHL stems from humanitarian concerns, particularly during and after conflicts.
IHL emerged in part due to efforts by groups like the ICRC, alongside other individuals and states.

Where Can We Find IHL?

Key sources include: Geneva Conventions, Additional Protocols, specific/thematic treaties, customary international law, jurisprudence, and doctrine.

Geneva Conventions and Relation to IHL Principles (1)

Geneva Conventions of 1949 address different aspects of armed conflict:
- GC I deals with sick and wounded armed forces on land.
- GC II applies to wounded, shipwrecked and sick members of armed forces at sea.
- GC III concerns prisoners of war.
- GC IV covers civilians under enemy control.

Geneva Conventions and Relation to IHL Principles (2)

Additional Protocols (AP I and AP II) were adopted in 1977 to expand on and address modern warfare in armed conflict.
AP III (2005) adopted additional distinctions for emblems and symbols used in conflicts.
The 1949 Geneva Conventions and the 1977 Additional Protocols are crucial parts of IHL.

Parties to Geneva Conventions and Protocols

A map showing which countries have ratified the Geneva Conventions are available.

Is IHL Applicable?

Different images portray situations where IHL application is considered, or is potentially not applicable.

Cases such as Prosecutor v. Furundžija highlight the importance of human dignity/respect in armed conflicts.
Cases involving violence to people and detention are included in IHL.
Sentencing of those violating IHL are a matter of discussion and debate.

Determining the Existence of a NIAC

A non-international armed conflict (NIAC) is defined by certain criteria relating to levels of organization and intensity.
The determination of whether a conflict meets the NIAC criteria should be conducted correctly.
The organization of armed groups and level of intensity also are important considerations in deciding on whether a conflict is a NIAC.

IAC/NIAC or 'Something Else'? (Distinguishing armed conflicts from other types)

Identifying whether a situation constitutes an international armed conflict (IAC) or a non-international armed conflict (NIAC), or another type of conflict, is essential for determining the applicable law.
Determining the type of conflict is a critical first step for applying relevant IHL conventions and norms.

Who Determines the Existence of an AC?

Determining the existence of an armed conflict involves various factors, beyond just the parties involved, and involves the international community, authoritative statements, and judicial institutions.

Which Legal Document is Applicable?

When distinguishing between international armed conflicts (IAC) and non-international armed conflicts (NIAC), different legal documents apply.
The Geneva Conventions, Additional protocols, and customary international humanitarian law are used.

Military Necessity Discussion

Military necessity is a key component defining how measures are used to defeat the enemy efficiently, yet avoiding actions prohibited by IHL. This concept is nuanced and not a justification for violating humanitarian law principles.
Military necessity discussions often distinguish from actions prohibited by international humanitarian law.

Maxim from St Petersburg Declaration

The St. Petersburg Declaration (1868) underscores a key principle – minimizing harm to non-combatants during warfare.

Winning at All Costs Discussion

Discussion of the potential for conflict to undermine IHL principles due to a focus on "winning at all costs," even if it violates IHL.

Even Wars Have Limits

IHL principles aim to limit harm to civilians and ensure humane treatment in armed conflict.

Key Principles of IHL (Summary)

Distinction: differentiating between military targets and civilians/civilians objects.
Military Necessity: using measures needed to defeat the enemy that are not prohibited by IHL.
Proportionality: considering the expected harm vs. required military gains in offensive actions.
Precaution: reducing the risk to civilians and civilians' objects by appropriate precautions.

Common Article 3

Common Article 3 of the Geneva Conventions covers minimum protection standards for persons in non-international armed conflicts.

Distinction. Some Questions

The concept of distinction and the role of IHL in differentiating between military targets and civilians/civilian objects is highlighted.
The implications for targeting decisions in armed conflict scenarios are discussed.

Next Week

Students should expect to learn about further principles of IHL: including basic principles, ICRC, and special protection.

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Description

This quiz explores the key principles of International Humanitarian Law (IHL), including the concepts of distinction, military necessity, and proportionality. It also examines the complex legal frameworks that apply during armed conflicts, particularly concerning protections for civilians and the rights of those not partaking in hostilities.