International Humanitarian Law (IHL) - Finals Period - Chapter 11 PDF
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This document discusses the principles of international humanitarian law (IHL), including the principles of humane treatment, distinction, proportionality, and precaution. The document also covers collateral damage and compliance indicators.
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inhumane, or degrading treatment of any kind against any human being. A lthoughthekillingofcombatantsisallowed,IHLprohibitsinhumaneandpainfulwaysof killing (e.g. drowning and torture). Some weapons have been outlawed as...
inhumane, or degrading treatment of any kind against any human being. A lthoughthekillingofcombatantsisallowed,IHLprohibitsinhumaneandpainfulwaysof killing (e.g. drowning and torture). Some weapons have been outlawed as they cause superfluous injury and unnecessary suffering (e.g. chemical, biological, and poisonous weapons, expanding and exploding bullets, and weapons primarily causing injury by non- detectable fragments). T he principle of humane treatment is also the basis of treatment ofprisonersofwar,the duty to allow access for humanitarian relief and medical personnel, treatment of civilians, respect for the dead, and a duty to inform families about the fate of missing persons. The principle of distinction determines who is a legitimate target during the conduct of hostilities.Thisprinciplestatesthatcombatantsandcivilians,militaryobjectivesandcivilian objectsmustbedistinguishedatalltimesandattackscanonlybedirectedagainstcombatants and military objectives. The principle of proportionality requires the weighing of the concrete anddirectmilitary advantage andtheincidentallosstocivilians,anddamagetocivilianobjectsforeachattack and other strategic decisions. The principle of precaution goes hand in hand with proportionality and it demands that constant care is taken to spare the civilian population; civilians and civilian objects. Under Box 11.9 Collateral damage Whereciviliansarekilledorinjuredasaresultofanattackcarriedoutaccordingtotherules of IHL it is sometimes referred to as‘collateraldamage’. ○ This is a colloquial term often used in international relations todescribeincidental loss of life, injury to persons, or damage to property and the environment Compliance with international humanitarian law Motivations of states and IHL: why do states agree to rules that govern armed confl ict? Constructivistsemphasize the power of IHL norms toprovide a framework for engaging in armed confl ict and the way in which IHL provides the very vocabulary and constitutive rules to make sense of armed conflict. Realist- rationalists, on the other hand, emphasizethat states, especially in times of armed confl ict, primarily seek to ensure their security and material power. Indicators of compliance Box 11.10 Indicators for compliance with IHL 1. Compliance with prohibited acts during armed confl ict (i.e. torture, hostage taking). 2. Compliance with positive obligations during armed confl ict (i.e. duty to inform the families of missing persons). 3. Compliance with proportionality and precautionary principles in the planning of a military operation. 4. Compliance with duty to train military on IHL rules and principles. 5. Compliance with prosecuting individuals for breaches of IHL (see also Chapter 12). Nonstate actors and compliance with international humanitarian law The increase in the privatization of armed confl icts creates a further challenge for compliance of non- state actors with IHL. The involvement of private military companies (PMCs) (employed by both states and non- state actors) gives rise to a new set of complex questions of how to ensure PMCs follow IHL and are held responsible for IHL violations.
