IHL Presentation PDF

INTERNATIONAL HUMANITARIAN LAW PRESENTATION BY- NIMNA , KANCHAN & IMTI MAPSIR, SEMESTER 3 CONTENTS INTRODUCTION CASE STUDIES & DEFINITION ANALYSING THROUGH EVOLUTION THE LENS OF HL. PURPOSE ROLE OF IOs...

INTERNATIONAL HUMANITARIAN LAW PRESENTATION BY- NIMNA , KANCHAN & IMTI MAPSIR, SEMESTER 3 CONTENTS INTRODUCTION CASE STUDIES & DEFINITION ANALYSING THROUGH EVOLUTION THE LENS OF HL. PURPOSE ROLE OF IOs PRINCIPLES LAWS THAT ASSOCIATE IMPORTANCE CHALLENGES KEY ISSUES CONCLUSION  INTRODUCTION OF IHL  When Established: August 22nd ,1864 (First Geneva Convention).  Where: Geneva, Switzerland.  Key Treaty: Geneva Conventions of 1949 and Additional Protocols.  Governing Bodies: International Committee of the Red Cross (ICRC), International Criminal Court (ICC).  Universal Nature: Binding on all states, with 196 state parties to the Geneva Conventions.  It was Inspired by the efforts of Henri Dunant(father of Modern International Humanitarian Law), who witnessed the suffering of wounded soldiers during the Battle of Solferino in 1859.  Dunant's experience inspired him to write a book “A Memory of Solferino (1862)”.  DEFINITIONS TO IHL  “International humanitarian law is a set of rules, established by treaty or custom, that seeks to limit the effects of armed conflict. It protects persons who are not, or are no longer, participating in hostilities and restricts the means and methods of warfare”. -United Nations Office of the High Commissioner for Human Rights (OHCHR)  "The purpose of IHL is to ensure a balance between military objectives and the principles of humanity, aiming to protect those who do not take part in hostilities and those who have ceased to take part in them.“ -Rosalyn Higgins (Former President of the International Court of Justice) What is International Humanitarian Law?  A set of rules established to limit the effects of armed conflict.  Protects those not participating in hostilities (civilians, medical personnel).  Restricts the means and methods of warfare. EVOLUTION International Humanitarian Law is rooted in the rules of ancient civilization and religions. Universal codification of International Humanitarian Law began in 19th century. Ancient and Religious Codes: Early traditions like the Code of Hammurabi and religious doctrines (e.g., the Bible, the Quran) emphasized humanitarian principles. 16th–18th Century: The Renaissance and Enlightenment periods influenced the formalization of rules through thinkers like Hugo Grotius, often called the father of international law. 19th Century: The modern IHL began with the “Geneva Convention of 1864” spurred by Henri Dunant’s experiences in the Battle of Solferino. 20th Century: The aftermath of World War I and II necessitated strengthening IHL, leading to the “Geneva Conventions of 1949”and subsequent Additional Protocols in 1977 and 2005.  PURPOSE OF IHL  Protection of Persons: To protect those who are not participating in the conflict, including civilians, medical personnel, and aid workers.  Limit Means and Methods of Warfare: To restrict the means and methods of warfare to prevent unnecessary suffering and destruction.  Humanitarian Assistance: To ensure that those affected by conflict receive the necessary aid and assistance.  Respect for Human Rights: To uphold and respect the fundamental human rights of all individuals during times of conflict.  Punishment for Violations: To establish accountability and ensure that those who violate IHL are prosecuted and held accountable for their actions.  IMPORTANCE OF IHL  Protect Civilians and Non-Combatants  Provide a Framework for Legal and Moral Conduct  Ensure the Protection of Cultural Heritage  Prevent War Crimes and Promote Accountability  Uphold the Principles of Humanity and Dignity.  Facilitate Humanitarian Assistance.  KEY ISSUES OF IHL  1. Compliance and Enforcement: Ensuring states and non-state actors adhere to IHL.  2. Non-International Armed Conflicts: Addressing the legal framework for conflicts involving non-state actors.  3. Emerging Technologies: Regulating autonomous weapons, cyber warfare, and AI in compliance with IHL.  4. Humanitarian Access: Challenges in delivering aid in conflict zones.  5. Prosecution of Violations: The role of international courts in punishing war crimes and crimes against humanity.  CASE STUDIES  Case Study 1: The Rwandan Genocide (1994) The genocide in Rwanda led to the killing of nearly 800,000 people, primarily Tutsi minorities, by the Hutu majority government and militias. The massacre of civilians violated the fundamental IHL principle of protecting non-combatants. The genocide also involved indiscriminate attacks and targeting based on ethnicity. The UN Assistance Mission for Rwanda (UNAMIR) faced challenges due to limited resources and political will. The establishment of the International Criminal Tribunal for Rwanda (ICTR) aimed to prosecute individuals responsible for grave breaches of IHL.  ANALYSING THROUGH THE LENS OF HL International humanitarian law (IHL) is a set of rules that aims to protect people during wars. It includes important principles like: 1. Distinction: This means that during a conflict, fighters must tell the difference between soldiers and civilians, ensuring that civilians are not intentionally harmed. 2. Proportionality: Any military action should not cause harm to civilians that is greater than the military benefit gained from that action. 3. Protection of Civilians: Civilians and those not involved in fighting should always be protected. 4. Violations of Humanitarian Law -Incitement to Violence -Failure to Protect Civilians 5. International Responsibility and Accountability -The UN & ICTR  CASE STUDIES  CASE STUDY 2: The Syrian Civil War The Syrian Civil War, ongoing since 2011, has witnessed large-scale violations of IHL, including targeting civilians, use of prohibited weapons (e.g., chemical weapons), and attacks on medical facilities. The principle of distinction between combatants and civilians, and the prohibition of unnecessary suffering, have been grossly disregarded. HL Intervention: Efforts by the United Nations and organizations like the ICRC have focused on facilitating humanitarian access. Additionally, the Organization for the Prohibition of Chemical Weapons (OPCW) has worked to dismantle Syria's chemical weapons stockpile.  ANALYSING THROUGH THE LENS OF HL In Syria, all major IHL principles have been systematically violated.  Attacks on Civilians: There have been numerous bombings and chemical attacks targeting civilians, especially in cities like Aleppo and Ghouta.  Use of Banned Weapons: The Syrian government has used chemical weapons against civilians, which are prohibited under international law.  Human Shields: Both the government and rebel groups have used civilians as human shields during combat, putting them in great danger.  Blockades and Starvation: Extended blockades have led to severe food shortages and starvation in besieged areas like Eastern Ghouta.  Targeting Aid and Healthcare: Hospitals and medical facilities have been attacked, preventing essential medical care from reaching those in need.  Torture and Imprisonment: There have been widespread reports of torture and arbitrary imprisonment by various factions involved in the conflict.  Refugee Crisis: The war has caused millions to flee their homes, creating a significant refugee crisis with many struggling to find safety and assistance.  International Involvement: Various countries have supported different factions, complicated the conflict and contributed to the suffering.  ROLE OF IOs  International Committee of the Red Cross (ICRC)  The UN  International Criminal Court (ICC)  Organization for the Prohibition of Chemical Weapons (OPCW)  Regional Organizations- African Union, European Union, Organizations of American States.  International Court of Justice (ICJ)  Non-Governmental Organizations (NGOs) LAWS THAT ASSOCIATE WITH IHL  The Geneva Conventions  The Hague Conventions  Arms Control Treaties  Climate and Conflict  CHALLENGES OF IHL  Non-State Actors and Armed Groups  Enforcement and Accountability  Compliance by States  Asymmetry of Modern Warfare  Use of New and Prohibited Weapons  Humanitarian Access and Assistance.  CONCLUSION In conclusion, International Humanitarian Law plays a vital role in ensuring that even in times of armed conflict, human dignity is preserved, and suffering is minimized. It sets clear boundaries on the methods of warfare, provides protections for civilians and combatants who are no longer participating in hostilities, and seeks accountability for war crimes. As warfare evolves, IHL adapts to new challenges, maintaining its relevance and importance in protecting human rights during conflict. Ultimately, IHL serves as a cornerstone for humanitarian action, fostering peace, justice, and global cooperation.