International Humanitarian Law

International Humanitarian law is a law that governs the regulation of war. The branch of international law determines how the rights of civilians and those outside hostilities can be protected as a result of armed conflict by limiting the consequences of hostilities and by regulating and restricting their use of the methods and means of warfare available to contenders.

International humanitarian law is inventive by the mitigation of human suffering and on the basis of humanitarian considerations. It is constituted by set rules that are determined by custom or treaty that aim to protect property/objects and persons that may be or that are forced by armed conflict.

International Humanitarian Law is the body of regulations between states. It contains agreements between States – Conventions or treaties – accustomed rules that consist of state practice considered in general principles of Nations. 

Origin of International Humanitarian Law

During the ancient civilization, the roots of this Law were laid. Even in earlier times, warfare subject to certain customs and principles has its own set of rules. During the nineteenth century, states agreed to follow practical rules formed on the basis of difficulties faced during modern warfare. These rules were aligned, considering a balance between the military needs of States and humanitarian concerns.

With time, the number of States increased, and they contributed towards the development of the rules for warfare resulting from the growing international community. Today, a versatile body of law is formed by International Humanitarian Law.

Foundation of International Humanitarian Law

In the World, every State has agreed to be bound by Geneva Conventions that took place in the year 1949, which is a major part of International Humanitarian Law. These conventions are sustained by two further agreements: the Additional protocol of 1977, allied to protection of victims of armed conflicts.

The other agreements focus on the prohibition of the use of some military tactics and weapons in order to protect certain groups of people and categories of goods. The agreements made under this law are as follows:

•  The Convention for the Protection of Cultural Property during Armed Conflict along with its two protocols in 1954.
•  The Biological Weapons Convention in 1972.
• The Conventional Weapons Convention along with its five protocols in 1980.
•  The Chemical Weapons Convention in 1993.
• The Ottawa Convention on anti-personnel mines during 1997.
• The Convention on the Rights of the Child on the involvement of children in the event of armed conflict during the year 2000.

At present times, almost every State is bound to general rules as customary law based on many provisions of IHL.

Under International Humanitarian Law, the following two areas are covered;

• The protection of those people who are not a part of or not taking part in the fighting anymore.
• Restrictions in the methods of warfare such as military tactics and prohibition on the use of certain weapons.

Now let’s understand these areas:

‘Protection’

IHL focuses on protecting those civilians, religious military, and medical personnel who do not take part in the fighting. It also makes sure that those people are also protected who have ceased to take part such as sick combatants, wounded, prisoners of war, and shipwrecked.

Physical and mental integrity, along with respect to their lives are the entitlement that these categories of people should get. Without any adverse distinction, these people must be protected and are supposed to be treated humanely and enjoy legal guarantees. The IHL states that it is forbidden to wound or kill an enemy who is unable to fight and surrender themselves. Alternatively, it also states that the wounded and sick people should be collected and cared for by those in power who find these people under themselves under certain conditions.

This law also aims for the protection of the detained prisoners of war found under certain conditions to the authority of an enemy power; for them, there are rules under which they are to be treated when found. They are supposed to have the provision of food and shelter, medical care needs to be given to them, and they should have the right to connect and exchange messages with their family members.

In order to avoid confusion, the law had stated a number of certain symbols that clearly distinguish protected people, objects, and places. They are given recognizable symbols such as emblems like the red crescent, the red cross, and the symbols for identifying the civil defence facilities and the cultural property.

‘Restrictions on weapons and tactics’

International Humanitarian Law has prohibited all the methods and means of warfare that:

• Fails to distinguish among those people who are part of the fight such as civilians and also those people who are not, the purpose behind this is to protect the civilian population and the civilian property and individual civilians;
• cause unnecessary suffering or superfluous injury;
• cause severe destruction of the environment.

This law has therefore prohibited and banned the use of certain weapons, including biological and chemical weapons, exploding bullets, anti-personnel mines, and blinding laser weapons.  

Compliance with International Humanitarian Law

It would be sad to know that there are countless examples where international humanitarian law has been violated. If we see, largely, the victims in the war are civilians. On the other hand, there are several instances that state that the IHL has made a great impact in protecting civilians, the sick, prisoners, and the wounded, and in restricting the use of barbaric and certain other weapons. 

This law is applicable during times of intense violence, but implementing such laws is always a matter of great difficulty. Therefore, the struggle for effective compliance always remains as urgent as ever.

Steps for Implementation of the Law

In each and every State, measures should be taken to protect and ensure respect among people for International Humanitarian Law. It must be considered as an obligation to impart these rules to the general public and the armed forces. It should be taken care that these rules are being prevented from getting violated. 

Brief About International Humanitarian Law

This law aims towards the protection of civilians during warfare times. It delivers to not to be cruel towards humanity and have all the rights available to a human being even during the worst situation of fighting. This law supports the ways by which a sustainable condition can be made for civilians so that even if they are affected by the war, they still can sustain themselves.