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An overview of International humanitarian law

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International humanitarian law, also called the Law of War or Armed conflict, consists of international rules formed to resolve humanitarian problems. It provides some essential solutions for issues raised by international and non-International armed conflicts. It plays a vital role in protecting people and property, which conflict may affect.

It is only applicable at the time of armed conflict but does not carry the responsibility of states' use of force. It does not limit all violence but defends violence during conflict situations. It acts equally to both sides of the conflict, regardless of the initiator.

Purpose of IHL

It is mainly made to protect the people who are not part of hostilities and no longer participate, for civilians, wounded, sick ones, and prisoners.

Origin

This law was accepted by ancient civilizations and religions, mainly Persian, Greek, and Roman societies.

Structure of International Humanitarian Law

 It comprised a vast number of international treaties, which started in 1864. Modern IHL consists of four Geneva Conventions of 1949 and two Protocols of 1972.

  • Convention (I) - It was formed for the improvement of Wounded and sick in the armed forces
  • Convention (II) - It makes for Reformation in of sick wounded and Shipwrecked members 
  • Convention (iii) - for treatment prisoner
  • Convention (iv) - for protection of civilian person
  • Protocol (I) - for the protection of a victim of international armed conflict
  • Protocol (ii) - for the protection of a victim of Non-international Armed conflicts 

Support of IHL

  • States have the responsibility to respect and ensure respect for international humanitarian law.
  • International Committee of the Red Cross, which protect at time of armed conflict
  • United Nations
  • NGOs

Basic Rule of IHL

  1. It differentiates between civilians and combatants to save property and the civilian population. None of them allowed attacking.it only directed by military objectives
  2. The person who is not taking part in the enmity must be respected. Physical and moral integrity should stay safe. a person must be treated kindly without any discrimination
  3. The personal rights and dignity of civilians or captured compartment must be respected. Protection shall give to them from all acts of violence.
  4. It forbids the use of weapons that cause unnecessary loss of nature. 
  5. it obeys the necessity principle 
  6. it follows the principle of humanity 
  7. It Prohibits the Attack against those hors de combat. No one will harm the enemy who surrenders.
  8. Party has to take care of their wounded and sick people; protection also includes medical personnel, transportation, and establishment. The Red Cross and Red Crescent organization must be respected. 
  9. Every individual has the right to access fundamental judicial guarantee.No one shall be punished or tortured.
  10. it also obeys proportionality 
  11. Attacks on doctors and ambulances are prohibited.

The new addition in the fundamental Rule is as follows.

  1. Ban of specific weapons is included in International humanitarian law. This convention occurs as a weapon causes injuries after the conflict has ended. Unexploded bombs, particularly cluster bombs, which are fragmented into bomblets, can kill many people at a time. For the above reasons following conventions are adopted.
  2. Convention on the use of the weapon.
  3. Convention on forbidden use of stockpiling.
  4. Protocol on the involvement of children It forbids the involvement of children in armed conflict.
  5. convention on the use of scatter bomblet. 

Comparison between International human rights law and International humanitarian law 

Human rights are formed for the dignity and worth of each person. It is a set of rules by which individuals and groups can claim benefits from the government. It enables them to take positive action to get their rights.

Human rights treaties also developed by following 

  • Under the supervision of the United Nations
  • Organization of African Unity
  • Council of Europe
  • Organization of American state 

The two law systems complement each other, but both are different. Still, in a situation of occupation compared to human rights, IHL gives more protection against displacement, but in armed violence, IRHL provides more protection. IRHL is applicable for everyone and applicable to children, military and armed conflict, refugees, and prisoners of War.

IHL does not decide based on the conflict legality; it always maintains a secure balance between two considerations, i.e., humanitarian and military

 compliance with IHL.

IHL contains fundamental standards that the parties still respect at conflict periods. When such parties do not respect the order, the international community takes a necessary step. The Criminal Court seeks accountability for violation of IHL's obligation. International humanitarian law works to mitigate the suffering of human bodies, and the law is mandatory for all nations. Still, this law is also disputed by some law scholars. International humanitarian law is compulsory for Nations that are bound by treaties.

Violation of international humanitarian law and Punishment

Violation of international humanitarian law is called a War crime. Punishment is given to those who violate the law intentionally are:

  • the person who breaks the rules of War will have to lose their status and protection which were given to them.
  • after the end of the conflict person committed by the laws of War may be held accountable for the crimes at the time of War.
  • Spies and terrorists are treated humanely

Military necessity permits armed forces to conduct but does not give armed troops the freedom to do what they want.

The principle of humanity 

  It sets out the essential protection needed during the conflict .there is some common sense for humanity in IHL, so it does not accept any destruction and harm. 

IHL works for a lesson in broad terms to minimize human suffering.