What is it?
International
Humanitarian Law - IHL, also applied as the ‘law of war’ or ‘law of armed
conflict’, is a combination of conventions that restrain the adverse
aftereffects of armed conflict. It provides protection to those people who dissociate
from enmities, including the ailing, injured, hostages and civilians.
Moreover, it standardizes the channels and schemes of struggle.
The decree consists of the Geneva and Hague Conventions. It is an integral
ingredient of the international law – which is an array of rules that
administrate relations among states. The International Law composes of
agreements – conventions and treaties – among states.
IHL
associates with armed conflicts. It does not restrict a country from making
exercise of force. The aspect of using force is regulated by the charter of
United Nations. (Cross)
Inauguration
IHL was initiated across the globe in the 19th Century – when
states obliged to rules of conduct in warfare. The Geneva Convention of 1864
established the foundations for IHL. The rules of the convention generated a
sense of balance between philanthropic apprehensions and military requirements
of the state. Owing to an increase in populations around the globe, countries
have made significant contributions to the improvement of those rules. (Law?,
2004)
The four Geneva
Conventions of 1949 are the following:
1) Convention
1: This convention was established as an Amelioration of
the Condition of the Wounded in Armies in the Field. It looks
after the victims of armed conflict.
2) Convention
2: This convention was set up as Amelioration of the
Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.
3) Convention
3: This convention was set up as Treatment of Prisoners of
War. It resorts to looking after prisoners of war.
4) Convention
4: This convention was named Protection of Civilian Persons
in Time of War and it sought to safeguard civilians during
war.
The rules of IHL
were further amended by the Additional Protocols of 1977,
which protect victims of armed conflict and are as follows:
1) Protocol
1:This seeks to protect victims of international armed disputes.
2) Protocol
2: This aims to protect victims of non-international armed conflicts.
3) Protocol
3: Adopted in 2005, this is Adoption of an Additional
Distinctive Emblem.
Other than the
aforementioned treaties, the IHL is also based upon the following agreements.
· Convention
for Protection of Cultural Property in the Event of Armed Conflict and its 2
protocols – 1954.
· Biological
Weapons Convention – 1972.
· Conventional
Weapons and its 5 protocols – 1980.
· Chemical
Weapons Convention – 1993.
· Ottawa
Convention on anti-personnel mines - 1997.
· Optional
Protocol to Convention on Rights of the Child and involvement of children in
armed conflict – 2000.
(Cross, General
problems in implementing the Fourth Geneva Convention)
Application
IHL is relevant to armed conflict. It disregards internal criminal and violent
activities. It is applicable only when a conflict has commenced. Moreover, it
differentiates between international and non-international armed conflict.
International armed conflicts involve 2 states that have to comply with the
rules embarked upon in the 4 Geneva Conventions and Additional Protocol 1. On
the other hand, non-international armed conflicts are confined to the borders
of one nation. They could consist of armed forces or groups fighting each
other. The rules that apply to internal forces are ordained in Article 3 of 4
Geneva Conventions and Additional Protocol 2.
(Cross,
GENEVA CONVENTIONS, 2010) (International
Committee of the Red Cross, 1977)
Coverage
It encompasses 2 areas. Firstly, it protects those who are detached from
conflicts. Secondly, it regulates the means and methods of warfare – including
certain weapons and military strategies.
Protection
according to IHL
IHL has laid down certain conditions on terms of protection for civilians.
These are as follows:
· IHL
protects those who do not participate in hostile activities. These include
civilians, medical practitioners and military personnel.
· It
offers protection for those who have stopped getting involved in conflicts,
such as: the injured, captives, sick, stranded and combatants.
· People
who fall into the above-mentioned categories are “entitled to respect
for their lives and for their physical and mental integrity.” – ICRC. They are
to be sheltered and provided with humane treatment regardless of circumstances.
· IHL
prohibits injuring or murdering an adversary who cannot fight or surrender; the
sick and wounded are to be cared for by their ruling authority. Protection and
security must be provided to hospitals, ambulances and medical personnel.
· A
regulation was laid down on the condition for detention of war hostages and
treatment of civilians under the control of enemies. The terms of these conditions
included food, shelter, healthcare and permission for communication with
families.
· There
are particular symbols that can be used to identify protected people, such as:
Red Cross, Red Crescent and others that symbolize properties and civil defense
facilities.
(Cross,
International Humanitarian Law - Treaties & Documents)
Prohibitions on
weapons and strategies
IHL restricts all means and methods of warfare that are: firstly, unable to
distinguish between those participating in combats and those who do not, such
as civilians. The purpose of this is to safeguard citizens and their
properties. Secondly, it prohibits tactics that result in injuries or torment.
Thirdly, it restricts those tactics which are detrimental to the environment in
the long-term.
Defiance and
compliance
Through the course of history, many forces have operated against the IHL and a large number of civilians have become victims of war.
On the contrary, IHL has also brought about a positive impact in safeguarding
captives, civilians, sick and wounded. It has also succeeded in limiting the
usage of atrocious weapons. (Cross,
RESOURCE CENTRE, 1998)
Implementation
IHL should be given the respect that it deserves because it, undeniably, serves
and promotes humanity. Nations are responsible for raising awareness concerning
IHL’s rules to armed forces and general public. If any individual is found to
be violating the IHL, he should be punished. Laws should be enacted to punish
those who violate the law – anyone defying the law is committing a war crime.
States must pass laws in order to preserve the Red Cross and Red Crescent.
Measures have been undertaken on a global level to punish violators of IHL. For
instance, tribunals were generated to punish conflicts that took place in
Yugoslavia and Rwanda. Furthermore, Rome Salute set up and international court
in 1998 to curb ‘inter alia’ war crimes.
(Cross, GENEVA CONVENTIONS,
2010)
Conclusion
In conclusion, every individual has a duty to perform in order to
contribute positively to the IHL. That is how a positive change can be brought
about in societies and the world can become a harmonious and peaceful place to
live in.