MDDS 2 Introduction International humanitarian law is a set of rules which seek to limit the effects of armed conflict for humanitarian reasons. International Humanitarian law applies only to armed conflicts. It protects persons who are not or are no longer participating in the hostilities. This law restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict. It is a part of international law, which is the body of rules governing relations between States. International humanitarian law is rooted in the rules of ancient civilizations and religions – warfare has always been subject to certain principles and customs. International humanitarian law had evolved slowly since 22 August 1864. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. These rules balance between humanitarian concerns and the military requirements of States. As the international community has grown, an increasing number of States have contributed to the development of those rules. International humanitarian law forms today a universal body of law. Main Sources of IHL A major part of international humanitarian law is contained in the four Geneva Conventions of 1949. Nearly every State in the world has agreed to be bound by them.
The 1954 Convention for the Protection of Cultural Property in the
event of Armed Conflict.
The 1972 Biological Weapons
Convention.
The 1980 Conventional Weapons
Convention.
The 1993 Chemical Weapons
Convention.
The 1997 Ottawa Convention on anti-
personnel mines.
The 2000 Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict. Subjects of International Law International humanitarian law applies only to armed conflicts it does not cover internal tensions or disturbances. The law applies only once a conflict has begun and it applies equally to all sides regardless of who started the fighting. International humanitarian law distinguishes between international and non-international armed conflict. International armed conflicts are those in which at least two states are involved, wide range of rules are applied to such conflicts. Non-international armed conflicts are those which are restricted to the territory of a single State, involving either regular armed forces fighting groups of armed dissidents, or armed groups fighting each other. Limited rules are applied to this type of conflict in article 3. Main Principles of IHL
HUMANITY
Proportionality Distinction
Military necessity
1) The principle of Humanity: To fight war and do conflict on
humanitarian basis. The principle to distinguish between war and humanity, to make sure to keep the principles of humanity alive in war and conflict.
2) The principle of Distinction: It is the principle to distinguish
between civilians and combatants, and between civilian objectives and military objectives.
3) The principle of Military Necessity: Principle which distinguishes
between the violence that is military necessity and unnecessary suffering.
4) The principle of Proportionality: To see if the benefits of war are
more than the costs happening. Objectives of IHL There are a couple of objectives of IHL, objectives IHL has come into existence to achieve. The objectives include protecting those who are not taking part in fighting like civilians, medics, aid workers etc. It protects people who can no longer fight for example wounded/sick soldiers, POW.
Protection of civilian property and buildings like hospitals are also an
objective of IHL. International humanitarian law has the objective to restrict means of warfare, in particular restriction of specific weapons, for example to ban the use of exploding bullets, chemical and biological weapons, blinding laser weapons etc. All in all the main general objective if International Humanitarian law is to make sure that even war is fought with principles. IHL and Islam Islam came long before International Humanitarian Law came into existence and even thousands of years before, Prophet Muhammad (PBUH) had laid out the same principles which are in the IHL in his teachings and instructions to his army on how to conduct themselves during battle. Below in the image are some of instructions that the Prophet (PBUH) gave to his army before battle, and this shows that IHL is in accordance to teachings of Islam as well while also showing how Islam is the religion of peace, humanity and principles. Measures for Implementation of IHL International humanitarian law is one of the most important parts of international law that exists. It is essential for a world with humanity to exist, without its implementation there would be violence, chaos, and zero humanity all over the world in the name of war with no limits. Thus it is of utmost importance that measures must be taken to make sure that IHL is implemented. States are bound to follow IHL and if they don’t, they should be punished internationally so that implementation is made sure by all other states as well. Other than that it is the duty of states, in fact an obligation to teach rules and principles and IHL to its armed forces and general public and assure their implementation. If violated, the states should punish them accordingly. Another measure that the states can take to ensure implementation of IHL is to create laws in their own constitution which punish the most serious violations of Geneva Conventions and Additional Protocols. Conclusion In conclusion it is clear that how important international humanitarian law is. The word war or the idea of war looks like something full of violence with no limits. While the world has agreed on the fact that wars are inevitable and a necessity in situations to survive in the world, limits have been imposed on it as well because we are a civilized world and civilized states are suppose to fight wars with rules, regulations and limits and not with the aim to do mindless destruction and violence in the name of war.