The law of war: Humanitarian law
Different laws for armed violence
Human rights
National law
Internal violence Armed conflict
The law of war: Humanitarian law
Different laws for armed violence
Human rights
National law National law
Human rights
Humanitarian law
Internal violence Armed conflict
Non-international
The law of war: Humanitarian law
Different laws for armed violence
Human rights
National law National law National law
Human rights Human rights
Humanitarian law
Humanitarian law
Internal violence Armed conflict
Non-international
International
The law of war: Humanitarian law
Occupation and the law
Effective control of all or part of the territory of one State by another
… the occupying power has the obligation to restore and maintain public order and safety, while respecting
The law of war: Humanitarian law
Occupation and the law
Effective control of all or part of the territory of one State by another
… the occupying power has the obligation to restore and maintain public order and safety, while respecting
Humanitarian law Human rights law The laws of the occupied
territory
The law of war: Humanitarian law
Occupation and the law
Effective control of all or part of the territory of one State by another
… the occupying power has the obligation to restore and maintain public order and safety, while respecting
Humanitarian law Human rights law The laws of the occupied
territory
Security patrol by US forcesin Baghdad, Iraq in 2003
The law of war: Humanitarian law
What is humanitarian law?
Protects people who are not / no longer fighting
Regulates weapons and methods of warfare
The law of war: Humanitarian law
What is humanitarian law?
Protects people who are not / no longer fighting
Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003.
Wounded soldier waits for medical help in western Bosnia,Kljuc, 1995
Regulates weapons and methods of warfare
The law of war: Humanitarian law
What is humanitarian law?
Which humanitarianrule could apply?
Landmine victim at an ICRC orthopaedic centre in Afghanistan, 2003.
Protects people who are not / no longer fighting
Regulates weapons and methods of warfare
The law of war: Humanitarian law
What is humanitarian law?
Which humanitarianrule could apply?
Wounded and sick must be searched for, collected and cared for. Landmine victim at an ICRC
orthopaedic centre in Afghanistan, 2003.
Protects people who are not / no longer fighting
Regulates weapons and methods of warfare
The law of war: Humanitarian law
What is humanitarian law?
Which humanitarianrule could apply?
Wounded and sick must be searched for, collected and cared for.
Which humanitarianrule could apply?
Regulates weapons and methods of warfare
Protects people who are not / no longer fighting
The law of war: Humanitarian law
What is humanitarian law?
Which humanitarianrule could apply?
Wounded and sick must be searched for, collected and cared for.
Which humanitarianrule could apply?
Using weapons without distinguishing between civilians and military targets is prohibited.
Protects people who are not / no longer fighting
Regulates weapons and methods of warfare
The law of war: Humanitarian law
What is humanitarian law?
Protects people who are not / no longer fighting
Regulates weapons and methods of warfare
Military necessity
Humanitarianconsiderations
The law of war: Humanitarian law
What is humanitarian law?
Protects people who are not / no longer fighting
Regulates weapons and methods of warfare
Binds all parties in a conflict
Military necessity
Humanitarianconsiderations
The law of war: Humanitarian law
What is humanitarian law?
Protects people who are not / no longer fighting
Regulates weapons and methods of warfare
Binds all parties in a conflict
Applies in armed conflicts
Military necessity
Humanitarianconsiderations
The law of war: Humanitarian law
What is humanitarian law?
Binds all parties in a conflict
Protects people who are not / no longer fighting
Regulates weapons and methods of warfare
Applies in armed conflicts
Cannot be suspended or limited
Military necessity
Humanitarianconsiderations
The law of war: Humanitarian law
What humanitarian law is not
Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter.
The law of war: Humanitarian law
What humanitarian law is not
Humanitarian law is concerned with the EFFECTS of war, not its legality. It applies irrespective of who started the war or who is the attacker.
Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter.
The law of war: Humanitarian law
When and why is the difference relevant?
Sri Lanka, 2002-2009Greece, 2010
The law of war: Humanitarian law
How can force be used?
in internal violence in armed conflict
As exceptional measure Only if all other means failed In case of imminent threat of
death or serious injury
By sparing civiliansand civilian objects
The law of war: Humanitarian law
How can force be used?
in internal violence in armed conflict
As exceptional measure Only if all other means failed In case of imminent threat of
death or serious injury
By sparing civiliansand civilian objects
If violated: Criminal responsibility
If violated: Criminal responsibility War crimes
The law of war: Humanitarian law
Who is protected by humanitarian law?
can be prosecuted and temporarily lose their protection from being directly targeted
If they become involved in fighting
In international armed conflicts they are referred to as "civilians".
People who ARE NOT involved in fighting
The law of war: Humanitarian law
Who is protected by humanitarian law?
military/paramilitary forces organized armed groups
of a party to the conflict
They are protected from being attacked when they are hors de combat: wounded, sick, shipwrecked, detained or surrendering
They are protected against specific weapons and methods even while fighting.
In international armed conflicts members of military/paramilitary forces are called "combatants" and cannot be prosecuted for lawfully fighting.
People who ARE involved in fighting
The law of war: Humanitarian law
How does law protect in war? - PRINCIPLES
Distinction
Precautionary Measures
The law of war: Humanitarian law
How does law protect in war? - PRINCIPLES
Distinction
Limitation
Precautionary measures
Proportionality
The law of war: Humanitarian law
How does law protect in war? - PRINCIPLES
Distinction
Parties to an armed conflict must distinguish between civilians and combatants and between civilian objects and military targets
The law of war: Humanitarian law
How does law protect in war? - PRINCIPLES
Weapons or methods causing superfluous injury or unnecessary suffering are prohibited
Limitation
The law of war: Humanitarian law
How does law protect in war? - PRINCIPLES
Before and during an attack, every possible precaution must be taken to minimize potential harm to civilians and civilian objects.
Precautionary Measures
The law of war: Humanitarian law
How does law protect in war? - PRINCIPLES
The expected deaths and injuries to civilians or damage to civilian objects must not exceed the anticipated military advantage.
Proportionality
The law of war: Humanitarian law
How does humanitarian law protect in war?
murder and torture use cruel or degrading treatment or punishment kill or wound a surrendering enemy commit sexual violence cause disappearances take hostages force displacement use or recruit children under the age of 15 deprive people of objects necessary to survival
treat humanely detainees respect and protect health and humanitarian workers and those lawfully using the distinctive emblems
The law of war: Humanitarian law
Example: Protection of detainees
must be treated humanely = given adequate food, water, clothing, shelter and medical care and allowed to correspond with their families
Prisoners of War = detained combatants in international war
• must be treated humanely• must be released after the end of hostilities• must be protected from public curiosity
The law of war: Humanitarian law
How does law protect in war? – BASIC RULES
How does humanitarian law protect people?
What are the rules for the conduct of hostilities?
Which humanitarian rule could apply to the situation?