International Humanitarian Law
5.1 The Basics of International Humanitarian Law[1]
What is international humanitarian law?
International humanitarian law (IHL) is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare by prohibiting weapons that make no distinction between combatants and civilians or weapons and methods of warfare which cause unnecessary injury, suffering and/or damage. IHL is also known as the law of war or the law of armed conflict.
Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines.
IHL is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States (treaties or conventions), in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
IHL applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
Why did international humanitarian law originate?
IHL is rooted in the rules of ancient civilizations and religions, and premised on the simple idea that some things are not permitted even in wartime. As such, warfare has always been subject to certain principles and customs.
Universal codification of IHL began in the nineteenth century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. Indeed, with each passing century, war has taken a higher toll in human lives with the 20th century being the bloodiest of all. This may be attributed, in part, to the new types of conflict that have emerged (wars of national liberation,
What is international humanitarian law?
International humanitarian law (IHL) is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare by prohibiting weapons that make no distinction between combatants and civilians or weapons and methods of warfare which cause unnecessary injury, suffering and/or damage. IHL is also known as the law of war or the law of armed conflict.
Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines.
IHL is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States (treaties or conventions), in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
IHL applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
Why did international humanitarian law originate?
IHL is rooted in the rules of ancient civilizations and religions, and premised on the simple idea that some things are not permitted even in wartime. As such, warfare has always been subject to certain principles and customs.
Universal codification of IHL began in the nineteenth century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. Indeed, with each passing century, war has taken a higher toll in human lives with the 20th century being the bloodiest of all. This may be attributed, in part, to the new types of conflict that have emerged (wars of national liberation,