ICIL, R2P, LAW OF ARMED CONFLICT (LOAC).
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The International Committee of the Red Cross (ICRC): - Answer: Since its creation in
1863, the ICRC's sole objective has been to ensure protection and assistance for
victims of armed conflict and strife.
Originally, IHL comprised two branches: - Answer: 1) the laws of war;
2) human rights law
- Today human rights law is considered as its own body of law
- The laws of war have as object to regulate hostilities and attenuate their hardships in
so far as military necessity permits
Further distinction between The Hague Law (1899-1907) and Geneva Law (1949-1977)
- Answer: - The Hague Law determines the rights and duties of belligerents in the
conduct of operations and limits the choice of the means of doing harm
- Geneva Law—or humanitarian law properly called—tends to safeguard military
personnel placed "hors de combat" (literally: outside the fight), as well as persons not
taking part in hostilities
The 4 Geneva Conventions (1949) represent to date the most comprehensive and
ambitious instance of codification of the standards giving protection to individuals in the
case of armed conflict and cover: - Answer: - the status of wounded and sick soldiers
on land;
- that of the wounded and shipwrecked in maritime warfare;
- that of the prisoners of war (pows)
- that of civilians, including in occupied territory
1
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, 7 new ratifications since 2000 have brought the total number of States Party to 194,
making the Geneva Conventions universally applicable.
Article 3 - Answer: - common to the four Geneva Conventions, marked a breakthrough,
as it covered, for the first time, situations of noninternational armed conflicts;
- These types of conflicts vary greatly. They include traditional civil wars, internal armed
conflicts that spill over into other States or internal conflicts in which third States
intervene alongside the government (also know as internationalized armed conflicts);
- Common Article 3 establishes fundamental rules from which no derogation is permitted
(jus cogens status);
- It is like a mini-Convention in itself, for it contains the essential rules of the four
Geneva Conventions in a condensed format and makes them applicable to non-
international conflicts.
4 Basic Principles: - Answer: - Distinction: distinguishing between civilians and
combatants and between civilian objects and military objectives, directing operations
only against military objectives
- Proportionality: Loss of life and damage to property incidental to attacks must not be
excessive in relation to the concrete and direct military advantage expected to be
gained
- Military Necessity: Every injury done to the enemy, even though permitted by the rules,
is excusable only so far as it is absolutely necessary; everything beyond that is criminal
- Unnecessary Suffering: Prohibition to employ weapons, projectiles and materials and
methods of warfare of a nature to cause superfluous injury or unnecessary suffering
2
APPHIA - Crafted with Care and Precision for Academic Excellence.
Quality content you can rely on!
The International Committee of the Red Cross (ICRC): - Answer: Since its creation in
1863, the ICRC's sole objective has been to ensure protection and assistance for
victims of armed conflict and strife.
Originally, IHL comprised two branches: - Answer: 1) the laws of war;
2) human rights law
- Today human rights law is considered as its own body of law
- The laws of war have as object to regulate hostilities and attenuate their hardships in
so far as military necessity permits
Further distinction between The Hague Law (1899-1907) and Geneva Law (1949-1977)
- Answer: - The Hague Law determines the rights and duties of belligerents in the
conduct of operations and limits the choice of the means of doing harm
- Geneva Law—or humanitarian law properly called—tends to safeguard military
personnel placed "hors de combat" (literally: outside the fight), as well as persons not
taking part in hostilities
The 4 Geneva Conventions (1949) represent to date the most comprehensive and
ambitious instance of codification of the standards giving protection to individuals in the
case of armed conflict and cover: - Answer: - the status of wounded and sick soldiers
on land;
- that of the wounded and shipwrecked in maritime warfare;
- that of the prisoners of war (pows)
- that of civilians, including in occupied territory
1
APPHIA - Crafted with Care and Precision for Academic Excellence.
, 7 new ratifications since 2000 have brought the total number of States Party to 194,
making the Geneva Conventions universally applicable.
Article 3 - Answer: - common to the four Geneva Conventions, marked a breakthrough,
as it covered, for the first time, situations of noninternational armed conflicts;
- These types of conflicts vary greatly. They include traditional civil wars, internal armed
conflicts that spill over into other States or internal conflicts in which third States
intervene alongside the government (also know as internationalized armed conflicts);
- Common Article 3 establishes fundamental rules from which no derogation is permitted
(jus cogens status);
- It is like a mini-Convention in itself, for it contains the essential rules of the four
Geneva Conventions in a condensed format and makes them applicable to non-
international conflicts.
4 Basic Principles: - Answer: - Distinction: distinguishing between civilians and
combatants and between civilian objects and military objectives, directing operations
only against military objectives
- Proportionality: Loss of life and damage to property incidental to attacks must not be
excessive in relation to the concrete and direct military advantage expected to be
gained
- Military Necessity: Every injury done to the enemy, even though permitted by the rules,
is excusable only so far as it is absolutely necessary; everything beyond that is criminal
- Unnecessary Suffering: Prohibition to employ weapons, projectiles and materials and
methods of warfare of a nature to cause superfluous injury or unnecessary suffering
2
APPHIA - Crafted with Care and Precision for Academic Excellence.
