3. What is Humanitarian Aid?

is a response to a crisis or emergency and is material, food, water, clothing,

etc. assistance for saving lives, alleviating suffering, and maintaining human dignity, and does not
address the underlying socioeconomic factors which lead to the crisis or emergency. Internationally,
this is invoked two ways: Peacetime- Human Rights Law Armed conflict- International Humanitarian
Law

4. International Humanitarian Law or Armed conflict is also considered accepted Customary Law and a
universal codification standard. The United Nations (UN) has the UN office for the Coordination of
Humanitarian Affairs (UNOCHA), formed in 1991 by the General Assembly Resolution 46/182 & the
Department of Humanitarian Affairs (DHA) replacing the Office of the United Nations Disaster Relief
Coordinator formed in 1972. Humanitarian Aid is also called: International Relief and Development
Aid

5. Seven Conventions and Nine Protocols thatinclude International Humanitarian Law The Four Geneva
Conventions of 1949. Additional Protocols of 1977, protection of victims of armed conflicts. The 1954
Convention, protection of cultural property in the event of armed conflict plus its two protocols. The
1972 Biological Weapons Convention. The 1980 Conventional Weapons Convention and its five
protocols. The 1993 Chemical Weapons Convention. The 1997Ottawa convention on anti-personnel
mines. The 2000 Optional Protocol to the convention on the Rights of child on the involvement of
children in armed conflict.

6. International Humanitarian Law (Armedconflict) is used: only for armed conflict, once the conflict
has begun, and equally applied to both sides regardless of who started the fighting. Note:
International armed conflicts are those in which at least two states are involved, the use of the word
states for these purposes implies the word country is included or synonymous.

7. Human Rights Law (Peacetime) Applies to peacetime and many of the provisions are suspended
during armed conflict. The United Nations (UN) has the Universal Declaration of Human Rights (UDHR),
it is the first International statement to use the term “human rights”. The Covenant on Civil and
Political Rights: The right to self determination. The right to own, trade, and dispose of their property
freely, and not deprived of their means of subsistence.

8. InternationalHumanitarian Law often referred to as the law of war, the laws and customs of war or
the law of armed conflict the legal corpus that comprises "the Geneva Conventions and the Hague
Conventions as well as subsequent treaties, case law, and customary international law.

9. defines the conduct and responsibilities of belligerent ( an individual, group, country or other entity
which acts in a hostile manner, such as engaging in combat), nations, neutral nations and individuals
engaged in warfare, in relation to each other and to protected persons, usually meaning civilians.

10. Two Historical Streams the law of The Hague referred to in the past as the law of war proper; and
the law of Geneva or humanitarian law.

11. The Law of The Hague, or the Laws of War a body of law concerning acceptable justifications to
engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello). considered an
aspect of public international law (the law of nations) and is distinguished from other bodies of law, such
as the domestic law of a particular belligerent to a conflict, that may also provide legal limits to the
conduct or justification of war. modern laws of war address declarations of war, acceptance of
surrender and the treatment of prisoners of war, military necessity along with distinction and
proportionality, and the prohibition of certain weapons that may cause unnecessary suffering.

12. Historical Background: The Hague Conventions were two international treaties negotiated at
international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899
and the Second Hague Conference in 1907. Along with the Geneva Conventions, the Hague
Conventions were among the first formal statements of the laws of war and war crimes in the nascent
body of secular international law. A third conference was planned for 1914 and later rescheduled for
1915, but never took place due to the start of World War I.The German international law scholar and
neo-Kantian pacifist Walther Schücking called the assemblies the "international union of Hague
conferences

13. Historical Background: A major effort in both the conferences was to create a binding international
court for compulsory arbitration to settle international disputes, which was considered necessary to
replace the institution of war. Most of the great powers, including the United States, Britain, Russia,
France, China, and Persia, favored a binding international arbitration, but the condition was that the
vote should be unanimous, and a few countries, led by Germany, vetoed the idea.

14. The Hague Convention of 1899 consistedof four main sections and three additionaldeclarations I -
Pacific Settlement of International Disputes II- Laws and Customs of War on Land III- Adaptation to
Maritime Warfare of Principles of Geneva Convention of 1864 IV - Prohibiting Launching of Projectiles
and Explosives from Balloons Declaration I - On the Launching of Projectiles and Explosives from
Balloons Declaration II - On the Use of Projectiles the Object of Which is the Diffusion of Asphyxiating
or Deleterious Gases Declaration III - On the Use of Bullets Which Expand or Flatten Easily in the
Human Body

15. The Final Agreement was signed on October 18, 1907,and entered into force on January 26, 1910. It
consistedof thirteen sections, of which twelve were ratified andentered into force: I— The Pacific
Settlement of International Disputes II — The Limitation of Employment of Force for Recovery of
Contract Debts III — The Opening of Hostilities IV — The Laws and Customs of War on Land V—
The Rights and Duties of Neutral Powers and Persons in Case of War on Land VI — The Status of
Enemy Merchant Ships at the Outbreak of Hostilities VII — The Conversion of Merchant Ships into
War-Ships I— The Pacific Settlement of International Disputes II — The Limitation of Employment of
Force for Recovery of Contract Debts III — The Opening of Hostilities IV — The Laws and Customs of
War on Land V— The Rights and Duties of Neutral Powers and Persons in Case of War on Land VI—
The Status of Enemy Merchant Ships at the Outbreak of Hostilities

16. VII — The Conversion of Merchant Ships into War-Ships VIII — The Laying of Automatic
Submarine Contact Mines IX— Bombardment by Naval Forces in Time of War X— Adaptation to
Maritime War of the Principles of the Geneva Convention XI — Certain Restrictions with Regard to the
Exercise of the Right of Capture in Naval War XII — The Creation of an International Prize Court [Not
Ratified] XIII - The Rights and Duties of Neutral Powers in Naval War

17. Two declarations were signed as well: Declaration I — extending Declaration II from the 1899
Conference to other types of aircraft[ Declaration II—- on the obligatory arbitration
18. The law of war: Determine the rights and duties of belligerents in the conduct of operations and
limits the choice of means in doing harm. Concerns itself with the definition of combatants, establishes
rules relating to the means and methods of warfare, and examines the issue of military objectives

19. The modern law of war is derived from twoprincipal sources: Lawmaking treaties (or conventions)
Not all the law of war derives from or has been incorporated in such treaties, which can refer to the
continuing importance of customary law.

20. Purposes of the laws Wars should be limited to achieving the political goals that started the war
(e.g., territorial control) and should not include unnecessary destruction; Wars should be brought to an
end as quickly as possible; People and property that do not contribute to the war effort should be
protected against unnecessary destruction and hardship;

21. Applicability to states and individuals The law of war is binding not only upon States as such but
also upon individuals and, in particular, the members of their armed forces. Parties are bound by the
laws of war to the extent that such compliance does not interfere with achieving legitimate military
goals.

22. Remedies for violations Soldiers who break specific provisions of the laws of war lose the
protections and status afforded as prisoners of war, but only after facing a "competent tribunal". Spies
and terrorists may be subject to civilian law or military tribunal for their acts and in practice have been
subjected to torture and/or execution. The laws of war neither approve nor condemn such acts, which
fall outside their scope. citizens and soldiers of nations which have not signed and do not abide by the
Third and Fourth Geneva Conventions are not protected by them.

23. Remedies for violations If someone is (or is suspected to be) a citizen or soldier of a nation which
has signed or abides by the Fourth Geneva Convention , or is (or is suspected to be) a "prisoner of war"
(POW) per the definitions of such "protected persons" in the Third Geneva Convention, the following
applies: A POW who breaks specific provisions of the laws of war may be penalized, but not penalized
worse than the tribunal would penalize its own soldiers for the same offense (and usually a disciplinary,
not judicial, punishment if its own soldiers normally wouldnt be brought to trial for a particular offense)

24. Remedies for violations After a conflict has ended, persons who have committed or ordered any
breach of the laws of war, especially atrocities, may be held individually accountable for war crimes
through process of law. Also, nations which signed the Geneva Conventions are required to search for,
then try and punish, anyone who has committed or ordered certain "grave breaches" of the laws of war.
Soldiers who break specific provisions of the laws of war lose the protections and status afforded as
prisoners of war but only after facing a "competent tribunal“.

25. Remedies for violations Spies and terrorists may be subject to civilian law or military tribunal for
their acts and in practice have been subjected to torture and/or execution. The laws of war neither
approve nor condemn such acts, which fall outside their scope. citizens and soldiers of nations which
have not signed and do not abide by the Third and Fourth Geneva Conventions are not protected by
them.

26. Remedies for violations If someone is (or is suspected to be) a citizen or soldier of a nation which
has signed or abides by the Fourth Geneva Convention , or is (or is suspected to be) a "prisoner of war"
(POW) per the definitions of such "protected persons" in the Third Geneva Convention, the following
applies: A POW who breaks specific provisions of the laws of war may be penalized, but not penalized
worse than the tribunal would penalize its own soldiers for the same offense (and usually a disciplinary,
not judicial, punishment if its own soldiers normally wouldnt be brought to trial for a particular offense)

27. International treaties on the lawsof warList of declarations, conventions,treaties and judgments and
on thelaws of war (pls refer to your photo copies)

28. The Geneva Conventions are the result of a process that developed in a number of stages between
1864 and 1949 which focused on the protection of civilians and those who can no longer fight in an
armed conflict. As a result of World War II, all four conventions were revised based on previous revisions
and partly on some of the 1907 Hague Conventions and readopted by the international community in
1949. Later conferences have added provisions prohibiting certain methods of warfare and addressing
issues of civil wars. comprise four treaties and three additional protocols that set the standards in
international law for humanitarian treatment of the victims of war.

29. The Geneva Conventions are: First Geneva Convention "for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949) Second
Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members
of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X) Third
Geneva Convention "relative to the Treatment of Prisoners of War" ( first adopted in 1929, last revision
in 1949) Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first
adopted in 1949, based on parts of the 1907 Hague Convention IV)

30. In addition, there are three additionalamendment protocols to the Geneva Convention: Protocol I
(1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.
Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by
163 countries. Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949,
and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by
17 countries and signed but not yet ratified by an additional 68 countries.

31. The conventions and their agreements The Geneva Conventions comprise rules that apply in times
of armed conflict and seek to protect people who are not or are no longer taking part in hostilities, for
example: wounded or sick fighters prisoners of war civilians medical and religious personnel

32. To this end, laws of war are intended to mitigate the evils of war by: Protecting both combatants
and noncombatants from unnecessary suffering; Safeguarding certain fundamental human rights of
persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick, and
civilians; Facilitating the restoration of peace.

33. Fundamental principles of humanitarian law limit the suffering caused by war by forcing parties
engaged in a conflict to: engage in limited methods and means of warfare; differentiate between
civilian population and combatants, and work to spare civilian population and property; abstain from
harming or killing an adversary who surrenders or who can no longer take part in the fighting; abstain
from physically or mentally torturing or performing cruel punishments on adversaries.
34. Basic rules of IHL Persons hors de combat and those not taking part in hostilities shall be protected
and treated humanely. It is forbidden to kill or injure an enemy who surrenders or who is hors de
combat. The wounded and sick shall be cared for and protected by the party to the conflict which has
them in its power. The emblem of the "Red Cross," or of the "Red Crescent," shall be required to be
respected as the sign of protection.

35. Basic rules of IHL Captured combatants and civilians must be protected against acts of violence and
reprisals. They shall have the right to correspond with their families and to receive relief. No one shall
be subjected to torture, corporal punishment or cruel or degrading treatment.

36. Basic rules of IHL Parties to a conflict shall at all times distinguish between the civilian population
and combatants. Attacks shall be directed solely against military objectives. Parties to a conflict shall at
all times distinguish between the civilian population and combatants. Attacks shall be directed solely
against military objectives.

37. Basic rules of IHL Examples: Well-known examples of such rules include: The prohibition on
attacking doctors or ambulances displaying a Red Cross.

38. Basic rules of IHL It is also prohibited to fire at a person or vehicle bearing a white flag, since that,
being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In
either case, the persons protected by the Red Cross or the white flag are expected to maintain
neutrality, and they may not engage in warlike acts themselves; in fact, engaging in war activities under
a white flag or a red cross is itself a violation of the laws of war.

39. In Conclusion Humanitarian law is the branch of public international law that comprises the rules,
which, in times of armed conflict: seek to protect persons who are not or are no longer taking part in
the hostilities, restrict the methods and means of warfare employed, and resolve matters of
humanitarian concern resulting from war.

40. In Conclusion The term "humanitarian" is often used in everyday language in a very broad sense,
and can be confused with the term "human rights." civilians Humanitarian law aims to limit the
suffering caused by war by regulating the way in which military operations are conducted.

41. In Conclusion International humanitarian law is the law of armed conflict or law of war and their
effects. The goal of international humanitarian law is to limit the effects of war on people and property
and to protect particularly vulnerable persons.

he principle of distinction between civilians and combatants

The principle of distinction underpinning many rules of IHL is that only fighters may be
directly targeted. This is a necessary compromise that IHL provides for in order to
protect civilians in armed conflict. Without the principle of distinction, they would be no
limitation on the methods of warfare.
The specific rules where the principle of distinction is set out concerns Article 48 and
52 of Additional Protocal 1 to the Geneva Conventions. This defines who is a combatant
and a military object that can be lawfully attacked. Any direct attack against a civilian or
civilian object is not only a violation of IHL but also a grave breach. Direct attacks
against civilians and/or civilians objects are categorised as war crimes. Additionally, any
weapon which is incapable of distinguishing between civilians/civilian objects and
fighters/military objects is also prohibited under IHL. The principle is also a rule of
customary international law, binding on all states.

The prohibition of attacks against those hors de combat

The prohibition to attack any person hors de combat (those who are sick and wounded,
prisoners of war) is a fundamental rule under IHL. For example, while a solider could be
targeted lawfully under normal circumstances, if that soldiers surrenders or is wounded
and no longer poses a threat, then it is prohibited to attack that person. Additionally,
they may be entitled to extensive protections if they meet the criteria of being a Prisoner
of War.

The prohibition on the infliction of unnecessary suffering

While IHL does permit violence, it prohibits the infliction of unnecessary suffering and
superfluous injury. While the meaning of such terms is unclear and the protection may
as such be limited, even fighters who may be lawfully attacked, are provided protection
by this prohibition. One rule that has been established based on this principle is the
prohibition on the use of blinding laser weapons.

The principle of proportionality

The principle of proportionality limits and protects potential harm to civilians by
demanding that the least amount of harm is caused to civilians, and when harm to
civilians must occur it needs be proportional to the military advantage. The article
where proportionality is most prevalent is in Article 51(5) (b) of API concerning the
conduct of hostilities which prohibits attacks when the civilian harm would be excessive
in relation to the military advantage sought. This is an area of hostilities where we often
hear the term ‘collateral damage’.

The principle cannot be applied to override specific protections, or create exceptions to

rules where the text itself does not provide for one. As with the principle of necessity, the
principle of proportionality itself is to be found within the rules of IHL themselves. For
example, direct attacks against civilians are prohibited and hence a proportionality
assessment is not a relevant legal assessment as any direct attack against even a single
civilian who is not taking part in hostilities is a clear violation of IHL. Proportionality is
only applied when a strike is made against a lawful military target.

Click here to read more about the basic principles of the conduct of hostilities.

The notion of necessity

A dominant notion within the framework of IHL is military necessity, often the principle
which clashes most with humanitarian protection. Military necessity permits armed
forces to engage in conduct that will result in destruction and harm being inflicted. The
concept of military necessity acknowledges that under the laws of war, winning the war
or battle is a legitimate consideration.

However the concept of military necessity does not give the armed forces the freedom to
ignore humanitarian considerations altogether and do what they want. It must be
interpreted in the context of specific prohibitions and in accordance with the other
principles of IHL.

It is important to note that the notion itself is to be found within the rules of IHL. For
example, Article 52 of Addition Protocol I lists those objects that can be subject to lawful
attacks. The notion cannot be applied to override specific protections, or create
exceptions to rules where the text itself does not provide for one.

Click here to read more about ‘military necessity’.

The principle of humanity

The principle of humanity, and its absence during the battle of Solferino of 1859, was the
central notion that inspired the founder of the International Committee of the Red Cross
(ICRC), Henry Dunant. The principle stipulates that all humans have the capacity and
ability to show respect and care for all, even their sworn enemies. The notion of
humanity is central to the human condition and separates humans from animals.

IHL, the principles of which can be found in all major religions and cultures, set out only
basic protections, but ones which look to demonstrate that even during armed conflict
there is some common sense of and respect for humanity. Modern IHL is not naive and
accepts that harm, destruction and death can be lawful during armed conflict. IHL
simply looks to limit the harm, and the principle of humanity is very much at the heart
of this ambition. Many rules of IHL are inspired by this notion, specifically those setting
out protections for the wounded and sick.