International Humanitarian Law

International Humanitarian Law (IHL) is a set of rules that seek to limit the effects of armed conflict by protecting individuals who are not or are no longer participating in hostilities and by restricting the means and methods of warfare. It applies to situations of armed conflict, both international and non-international. IHL is also known as the law of war or the law of armed conflict.

Geneva Conventions: The Geneva Conventions are a series of four treaties adopted in 1949 that set out the humanitarian rules governing armed conflicts. They protect people who are not or are no longer taking part in hostilities and restrict the means and methods of warfare. The conventions also establish rules for the treatment of wounded and sick combatants, prisoners of war, and civilians in the hands of the enemy.

Common Article 3: Common Article 3 is a provision found in all four Geneva Conventions. It applies to armed conflicts not of an international character occurring within the territory of one of the parties. Common Article 3 sets out minimum standards for the treatment of individuals who are not or are no longer taking part in hostilities, including prohibitions against violence to life and person, cruel treatment, torture, and outrages upon personal dignity.

Additional Protocols: The Additional Protocols to the Geneva Conventions are two treaties adopted in 1977 that strengthen and supplement the protections afforded by the Conventions. Additional Protocol I applies to international armed conflicts, while Additional Protocol II applies to non-international armed conflicts. The Protocols extend the scope of protection to civilian populations and civilian objects and establish rules governing the conduct of hostilities.

Protected Persons: Protected persons are individuals who are entitled to the protections of IHL during armed conflict. They include civilians, wounded and sick combatants, prisoners of war, and other individuals who are not or are no longer participating in hostilities.

Combatant: A combatant is a person who is a member of the armed forces of a party to the conflict and who is actively engaged in hostilities. Combatants are entitled to participate in the hostilities and to target enemy combatants and military objectives. They are also subject to attack by enemy forces.

Civilian: Civilians are individuals who are not members of the armed forces and who do not take a direct part in hostilities. Civilians are entitled to protection against the effects of armed conflict and may not be the object of attack unless and for such time as they take a direct part in hostilities.

Prisoner of War (POW): A prisoner of war is a combatant who has fallen into the hands of the enemy during an armed conflict and is entitled to certain protections under IHL. Prisoners of war must be treated humanely and may not be subjected to torture, cruel treatment, or outrages upon personal dignity. They must be provided with food, shelter, and medical care.

Non-Combatant: Non-combatants are individuals who are not taking part in hostilities and who are entitled to protection under IHL. Non-combatants include civilians, wounded and sick combatants, and other individuals who are hors de combat (out of combat).

Distinction: Distinction is a fundamental principle of IHL that requires parties to an armed conflict to distinguish between combatants and military objectives on the one hand and civilians and civilian objects on the other hand. Distinction ensures that only legitimate military targets are attacked and that civilians and civilian objects are spared from the effects of hostilities.

Proportionality: Proportionality is a principle of IHL that prohibits attacks that may be expected to cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated. Parties to an armed conflict must weigh the anticipated military advantage against the potential harm to civilians.

Precautionary Measures: Precautionary measures are steps taken by parties to an armed conflict to minimize harm to civilians and civilian objects. These measures include giving effective advance warning of attacks, choosing means and methods of warfare that minimize harm to civilians, and taking all feasible precautions to avoid or minimize incidental loss of civilian life and damage to civilian objects.

Humanitarian Assistance: Humanitarian assistance is the provision of aid and support to individuals affected by armed conflict or natural disasters. Humanitarian assistance includes food, shelter, medical care, and other essential services. Parties to an armed conflict must allow and facilitate the delivery of humanitarian assistance to civilians in need.

Occupation: Occupation is the effective control by a hostile party over a territory that is not its own. Occupation occurs when a party to an armed conflict exercises authority and control over a territory, its population, and its resources. The law of occupation regulates the rights and duties of the occupying power and the protected population.

War Crimes: War crimes are serious violations of IHL committed during armed conflict. War crimes include acts such as willful killing, torture, inhuman treatment, and deliberate attacks on civilians and civilian objects. War crimes are prosecuted under national and international law, including the Rome Statute of the International Criminal Court.

Command Responsibility: Command responsibility is a principle of IHL that holds military commanders and other superiors responsible for war crimes committed by their subordinates. Commanders have a duty to prevent and punish war crimes and to ensure that their subordinates comply with the laws of war. Command responsibility applies to both military and civilian leaders.

Geneva Conventions IV: The Fourth Geneva Convention is one of the four treaties that make up the Geneva Conventions. It provides additional protections for civilians during armed conflict, including rules on the treatment of civilians in occupied territories, the protection of civilian property, and the provision of humanitarian assistance. Geneva Convention IV also establishes rules for the treatment of protected persons in the hands of the enemy.

Geneva Conventions III: The Third Geneva Convention is one of the four treaties that make up the Geneva Conventions. It governs the treatment of prisoners of war during armed conflict, including rules on their capture, internment, and repatriation. Geneva Convention III provides protections for prisoners of war, including the right to humane treatment and the right to communicate with the outside world.

Geneva Conventions II: The Second Geneva Convention is one of the four treaties that make up the Geneva Conventions. It provides protections for wounded, sick, and shipwrecked members of the armed forces at sea during armed conflict. Geneva Convention II establishes rules for the care and treatment of wounded and sick combatants and for the search and rescue of shipwrecked individuals.

Geneva Conventions I: The First Geneva Convention is one of the four treaties that make up the Geneva Conventions. It provides protections for wounded and sick members of the armed forces on the battlefield during armed conflict. Geneva Convention I establishes rules for the care and treatment of wounded and sick combatants and for the protection of medical personnel and facilities.

Geneva Conventions Additional Protocols: The Additional Protocols to the Geneva Conventions are two treaties adopted in 1977 that strengthen and supplement the protections afforded by the Conventions. Additional Protocol I applies to international armed conflicts, while Additional Protocol II applies to non-international armed conflicts. The Protocols extend the scope of protection to civilian populations and civilian objects and establish rules governing the conduct of hostilities.