International Law

Assignment

Submitted by Rimel Khan

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.