Lecture 2: Origins, Sources and Applicability of IHL
29 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does the principle of humanity prohibit in the context of conflict?

  • Engaging in combat without prior judicial decisions
  • Inflicting suffering that serves a legitimate purpose
  • Inflicting suffering, injury, or destruction not necessary for achieving a legitimate purpose (correct)
  • Executing military operations against designated military objectives

    • Which of the following actions would violate international humanitarian law according to Common Article 3?

  • Taking hostages during combat operations (correct)
  • Interrogating prisoners of war
  • Applying lethal force against enemy combatants
  • Attacking a military base during a declared war

    • What is the minimum guarantee a party must provide during conflicts as stated in Common Article 3?

  • Judicial guarantees recognized by civilized peoples (correct)
  • Immediate execution of hostile combatants
  • A trial by military tribunal for all captured combatants
  • Disregarding all rights of enemy forces

    • What requirement is emphasized by Article 48 AP I regarding the conduct of parties in conflict?

    <p>Parties to the conflict must distinguish between the civilian population and combatants</p> Signup and view all the answers

    Under what condition can civilians be targeted according to international humanitarian law?

    <p>When they take a direct part in hostilities</p> Signup and view all the answers

    Who is primarily responsible for determining the existence of an armed conflict?

    <p>International community</p> Signup and view all the answers

    Which legal document specifically applies to Non-International Armed Conflicts (NIAC)?

    <p>Common Article 3</p> Signup and view all the answers

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

    <p>To limit the effects of armed conflict for humanitarian reasons</p> Signup and view all the answers

    What is the primary legitimate objective that states should aim to achieve during war?

    <p>To weaken the military forces of the enemy</p> Signup and view all the answers

    Which of the following documents is NOT a source of International Humanitarian Law?

    <p>National laws</p> Signup and view all the answers

    How many Geneva Conventions were established in 1949?

    <p>Four</p> Signup and view all the answers

    Which principle emphasizes that civilians should never be targeted during a conflict?

    <p>Distinction</p> Signup and view all the answers

    What is the purpose of Additional Protocol I of 1977?

    <p>To clarify and adapt IHL to modern warfare</p> Signup and view all the answers

    According to the Law of War Manual, what does Military Necessity justify?

    <p>Only those actions that are legal under the law of war</p> Signup and view all the answers

    Which group is primarily protected under the Geneva Conventions, GC IV?

    <p>Civilians under enemy control</p> Signup and view all the answers

    What does the principle of Proportionality refer to in International Humanitarian Law?

    <p>Balancing military advantage against potential harm to civilians</p> Signup and view all the answers

    In International Humanitarian Law, what does Military Necessity NOT justify?

    <p>Use of prohibited weapons</p> Signup and view all the answers

    Which of the following is NOT a principle of International Humanitarian Law?

    <p>Necessity of warfare</p> Signup and view all the answers

    Which Additional Protocol specifically addresses the protection of victims of non-international armed conflicts?

    <p>AP II</p> Signup and view all the answers

    Which of the following is a key principle of International Humanitarian Law?

    <p>Impartiality</p> Signup and view all the answers

    Which emblem is associated with the distinct protective sign introduced by Additional Protocol III?

    <p>Red Crystal</p> Signup and view all the answers

    What is the primary goal of international humanitarian law?

    <p>To protect human dignity of every person</p> Signup and view all the answers

    Which of the following is NOT a criterion for determining the existence of a non-international armed conflict (NIAC)?

    <p>The existence of a foreign military intervention</p> Signup and view all the answers

    What does the minimum level of organization for a group in a NIAC entail?

    <p>A comprehensive command structure</p> Signup and view all the answers

    What factor is considered when assessing the intensity of a NIAC?

    <p>Number and type of casualties</p> Signup and view all the answers

    Which statement reflects a fundamental principle inherent in international law?

    <p>Human dignity is paramount, transcending gender.</p> Signup and view all the answers

    Which of the following factors can indicate the existence of a command structure in a group involved in a NIAC?

    <p>Control over weapons and military equipment</p> Signup and view all the answers

    In the context of international humanitarian law, the term 'human dignity' refers to:

    <p>The inherent worth of every individual</p> Signup and view all the answers

    What role does the UN Security Council play in the context of armed conflicts?

    <p>It can influence the intensity of a conflict.</p> Signup and view all the answers

    Study Notes

    Lecture 2: Key Principles of IHL

    • International Humanitarian Law (IHL) is a set of rules limiting the effects of armed conflicts. It protects those not/no longer involved in hostilities and regulates warfare methods.

    PIL - HR - IHL/ICL: What Applies?

    • Current armed conflicts and legal issues are discussed (e.g., Israel-Palestine, Namibia concerns)
    • International courts are involved in cases related to these conflicts.

    Outline

    • Historical development of IHL
    • Sources of IHL
    • Scope of application & types of conflicts
    • Key principles of IHL
    • Common Article 3

    What is International Humanitarian Law?

    • A set of rules limiting armed conflict effects.
    • Regulates the legitimacy of using force.
    • Covers human rights in armed conflict.

    How did IHL come into existence?

    • The founding of the International Committee of the Red Cross (ICRC) is related to its origins.

    Where can we find IHL?

    • Geneva Conventions
    • Additional Protocols
    • Specific/thematic treaties
    • Customary international law
    • Judicial precedent and doctrine

    Geneva Conventions and Relation to IHL Principles (1)

    • Geneva Conventions of 1949, categorized by which individuals or groups they apply to:
      • GC I: Sick and wounded armed forces (land)
      • GC II: Wounded, shipwrecked, and sick members of armed forces (sea)
      • GC III: Prisoners of war
      • GC IV: Civilians under enemy control

    Geneva Conventions and Relation to IHL Principles (2)

    • Additional Protocols:
      • AP I (1977): Clarifications and adaptations to modern warfare (174 ratifications)
      • AP II (1977): Protection of victims of NIACs (169 ratifications)
      • AP III (2005): Additional distinctive emblems

    Is IHL applicable?

    • IHL applicability depends on the nature and context of the conflict and whether it is an international or non-international armed conflict.

    The Essence of the Whole Corpus of International Humanitarian Law

    • Protection of human dignity of every person is central to international humanitarian law. This principle is paramount in modern times.

    Determining the Existence of a NIAC

    • Minimum organization level of armed groups, territory control, weapons, training and the ability to operate.
    • Conflict intensity levels include number, time and type of confrontations. Weapons, munitions, casualties and destruction level are factors to consider.

    IAC/NIAC or Something Else?

    • Internal disturbances
    • Belligerent occupation

    Who Determines the Existence of An AC?

    • Not exclusively the involved parties.
    • International community
    • Authoritative statements (e.g., ICRC)- judicial institutions
    • IAC: Four Geneva Conventions, Additional Protocol I, customary IHL
    • NIAC: Common Article 3, Additional Protocol II, customary ihl

    Winning at All Costs?

    • Importance of respecting humanitarian law during armed conflicts.

    Even Wars Have Limits

    • Civilians shouldn't be targeted
    • Wounded should receive medical care
    • Prisoners should be treated humanely
    • Neutral aid delivery is required

    Key Principles of IHL

    • Distinction
    • Military necessity vs. Humanity
    • Proportionality
    • Precautions

    Military Necessity

    • The principle of justifiably using measures to defeat the enemy quickly and efficiently but avoiding prohibited acts.

    Military Necessity Continued

    • It does not justify prohibited actions.
    • War requirements are considered while crafting war rules.
    • Prohibitions reflect state determinations that such conduct is militarily unnecessary.

    Humanity

    • Forbidding the infliction of suffering, injury, not-necessary destruction.
    • Protected persons (e.g., wounded/sick/civilians) must be treated respectfully and humanely regardless.

    Common Article 3

    • Minimum standards of humane treatment in non-international armed conflicts. Covers violence to life, taking hostages, outrages and executions without judgement.

    Next Week

    • IHL's basic principles
    • Special protection measures
    • The role of the ICRC

    Distinction:

    • Requires distinguishing civilians from combatants and civilian objectives from military objectives in armed conflicts.
    • Civilians not targeted unless taking direct part in hostilities. Civilian objects not targeted unless military objectives.
    • Indiscriminate attacks are prohibited.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Description

    Test your knowledge on the principles and rules of International Humanitarian Law (IHL). This quiz covers topics related to armed conflict, civilian protections, and key legal documents that govern humanitarian conduct. Perfect for students of law or anyone interested in understanding the basics of IHL.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser