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What is International Humanitarian Law (IHL)?
What is International Humanitarian Law (IHL)?
- A set of rules that regulate the conduct of diplomats and embassies.
- A set of rules that regulate the conduct of war and seek to limit its effects by protecting non-combatants and restricting the means and methods of warfare available to combatants. (correct)
- A set of rules that govern international trade and commerce.
- A set of rules that regulate the conduct of international organizations.
What are the principles of IHL?
What are the principles of IHL?
- Distinction, necessity and proportionality, humane treatment, non-discrimination, protection of men and children, and respect for cultural and religious differences.
- Distinction, necessity and proportionality, inhumane treatment, non-discrimination, protection of women and children, and respect for cultural and religious differences.
- Distinction, necessity and proportionality, humane treatment, discrimination, protection of women and children, and respect for cultural and religious differences.
- Distinction, necessity and proportionality, humane treatment, non-discrimination, protection of women and children, and respect for cultural and religious differences. (correct)
What does the principle of distinction require?
What does the principle of distinction require?
- Parties to the conflict distinguish between military objectives and civilians, and only target the latter.
- Parties to the conflict only target military objectives.
- Parties to the conflict distinguish between military objectives and civilians, and only target the former. (correct)
- Parties to the conflict do not distinguish between military objectives and civilians.
What do necessity and proportionality require?
What do necessity and proportionality require?
What does the principle of humane treatment require?
What does the principle of humane treatment require?
What does the principle of non-discrimination prohibit?
What does the principle of non-discrimination prohibit?
What does the Fourth Geneva Convention focus on?
What does the Fourth Geneva Convention focus on?
What have soft-law instruments and international criminal tribunals contributed to?
What have soft-law instruments and international criminal tribunals contributed to?
What has the ICRC found about the principles of IHL?
What has the ICRC found about the principles of IHL?
Flashcards
What is International Humanitarian Law (IHL)?
What is International Humanitarian Law (IHL)?
A set of rules that limit the effects of armed conflict and protect those who aren't directly involved.
What is the principle of distinction?
What is the principle of distinction?
Distinguishing between civilian populations and military targets, only attacking the latter.
What are the principles of necessity and proportionality?
What are the principles of necessity and proportionality?
Using only the force necessary to achieve military objectives and avoiding excessive harm to civilians.
What is the principle of humane treatment?
What is the principle of humane treatment?
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What is the principle of non-discrimination?
What is the principle of non-discrimination?
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What is the protection of women and children in IHL?
What is the protection of women and children in IHL?
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What is the principle of respect for cultural and religious differences?
What is the principle of respect for cultural and religious differences?
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How does IHL address cultural relativism?
How does IHL address cultural relativism?
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Who is the main authority on IHL?
Who is the main authority on IHL?
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Study Notes
International Humanitarian Law (IHL) regulates the conduct of war and seeks to limit its effects by protecting non-combatants and restricting the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and comprises a set of rules established by treaty or custom. Serious violations of IHL are called war crimes and the law is mandatory for nations bound by the appropriate treaties. The Law of The Hague determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm. The Law of Geneva, on the other hand, relates to those who are not participating in the conflict as well as military personnel hors de combat. The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949. There are three additional amendment protocols to the Geneva Convention. The ICRC is the only institution explicitly named under international humanitarian law as a controlling authority. During conflict, punishment for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal, and combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war. After the conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through a process of law. The Fourth Geneva Convention focuses on the civilian population, and the two additional protocols adopted in 1977 extend and strengthen civilian protection in international (AP I) and non-international (AP II) armed conflict. The provisions and principles of IHL that seek to protect civilians are the principle of distinction, the principle of proportionality, the principle of precaution, and the prohibition of attacks against civilians.Principles of International Humanitarian Law
- International Humanitarian Law (IHL) is a set of rules that seek to limit the effects of armed conflict.
- The principles of IHL are: distinction, necessity and proportionality, humane treatment, non-discrimination, protection of women and children, and respect for cultural and religious differences.
- The principle of distinction requires that parties to the conflict distinguish between military objectives and civilians, and only target the former.
- Necessity and proportionality require that the amount and kind of force used is necessary to defeat the enemy and that attacks on military objects do not cause excessive loss of civilian life.
- The principle of humane treatment requires that civilians be treated humanely at all times and prohibits violence, torture, and execution without trial.
- The principle of non-discrimination prohibits adverse distinction based on race, sex, nationality, religious belief, or political opinion.
- Women must be protected from rape, forced prostitution, and indecent assault, while children must not take part in hostilities and must receive an education.
- IHL emphasises the concept of formal equality and non-discrimination, but feminist critics have challenged its focus on male combatants and its relegation of women to victims.
- IHL has not been subject to the same debates and criticisms of "cultural relativism" as international human rights.
- Traditional practices in various cultures are generally consistent with modern IHL, but it is important to ensure that IHL is not negatively affected when legal norms and cultural practices clash.
- Soft-law instruments and international criminal tribunals have contributed to expanding the scope of definitions of sexual violence and rape in conflict.
- The ICRC has found that the principles of distinction, necessity and proportionality, humane treatment, and non-discrimination are established norms of customary international law in both international and non-international armed conflicts.
- The ICRC has also affirmed the principle of humane treatment as a norm of customary international law, applicable in both international and non-international armed conflicts.
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