Teacher’s resource sheet: International humanitarian law

What is international humanitarian law?

International humanitarian law (IHL) encompasses both humanitarian principles and international treaties that seek to save lives and alleviate the suffering of combatants and non-combatants during armed conflict. Its principal legal documents are the Geneva Conventions of 1949, four treaties signed by almost every nation in the world. The conventions define fundamental rights for combatants removed from the fighting due to injury, illness or capture and for civilians. The Additional Protocols of 1977, which supplement the Geneva Conventions, further expand those rights.

Who does IHL protect? Does IHL protect me?

IHL protects wounded, sick or captured members of the armed forces and civilians. Wounded and sick combatants – to whatever nation they may belong – are to be collected and cared for under the provisions of Geneva Convention I. They cannot be murdered or subjected to torture or biological experiments. They are to receive adequate care and are to be protected against pillage or ill-treatment. The convention also protects medical workers, military religious personnel, military medical facilities and mobile units.

Wounded, sick, and shipwrecked combatants at sea are protected by Geneva Convention II. They receive the same protection as soldiers on land, extended to conditions encountered at sea. Hospital ships are protected.

Prisoners of war (POWs), protected by Geneva Convention III, must be treated humanely and provided with adequate housing, food, clothing and medical care. They are not to be subjected to torture or medical experimentation and must be protected against acts of violence, insults and public curiosity. Captured war correspondents and civilians authorised to accompany the military are also entitled to this status.

Civilians are protected under Geneva Convention IV. At all times, parties to the conflict must distinguish between civilians and combatants and direct their operations only against military targets. Civilians must be permitted to live as normally as possible. They are to be protected against murder, torture, pillage, reprisals, indiscriminate destruction of property and being taken hostage. Their honour, family rights and religious convictions and practices are to be respected. Occupying forces shall ensure and allow safe passage of adequate food and medical supplies and the establishment of hospital and safety zones for the wounded, sick, elderly, for children, expectant mothers and mothers of young children. This convention provides special protection for women and children. The hospital staff caring for these individuals is to be respected and protected.

The Geneva Conventions call for humanitarian assistance to be carried out by the International Committee of the Red Cross (ICRC), the Red Cross and Red Crescent national societies or other impartial humanitarian organisation, as authorised by parties to the conflicts.

Are international humanitarian law and human rights law different?

Yes, but they complement each other. Both seek to protect individuals from harm and maintain human dignity, but they address different circumstances and have different core documents. IHL applies in times of armed conflict to limit the suffering caused by war and to protect those who have fallen into the hands of the opposing party. IHL’s primary focus is to safeguard the fundamental rights of wounded, sick and shipwrecked combatants, POWs and civilians. Human rights law applies in times of peace or war, but is primarily concerned with protecting people against government violations of their internationally recognised civil, political, economic, social and cultural rights.

What does IHL say about child soldiers?

Humanitarian law prohibits children from taking part in hostilities, but child soldiers still represent a serious problem in many parts of the world. IHL requires that children under 15 should not be recruited into the armed forces, and that “all feasible measures” be taken to ensure that they do not take direct part in the fighting. In recruiting those between 15 and 18 years of age, priority must be given to the oldest (Article 77, Protocol I). Unfortunately, the number of children becoming soldiers. either voluntarily or by force. is increasing. Children living in conflict zones, particularly those separated from their families or marginalised in other ways, may become potential recruits. Children are often forced to join an armed group or to become child soldiers as a means of survival.

When is IHL used?

IHL applies to armed conflict (war) taking place between nations (international armed conflict) or to internal armed conflicts such as civil wars.

Does IHL apply to the terrorist attacks of 11 September?

Although 11 September 2001 brought death and destruction on a scale we associate with warfare, it is not clear that IHL applies. IHL applies to armed conflict between states (international armed conflict) or to internal armed conflicts such as civil wars. If the shocking attacks on civilian targets in New York and Washington were committed by a terrorist network operating on its own, then they amount to horrendous crimes, rather than acts of war to which IHL would apply.

Does IHL provide special protection for women?

Yes. Although women enjoy the same general legal protection as men, the Geneva Conventions recognise the principle that “women shall be treated with all the regard due to their sex” (Article 12, GC I and II, Article 14, GC III). This means that additional protection is provided to address women’s specific needs arising from gender differences, honour and modesty, pregnancy and childbirth. For example, women POWs or internees are to be held in quarters separate from men’s, under the immediate supervision of other women. Women are to be protected “against rape, enforced prostitution or any form of indecent assault” (GC IV, Article 27, also Article 75 and 76, Protocol I). As to relief shipments, “expectant mothers, maternity cases and nursing mothers” are to be given priority (Article 70, Protocol I). To learn more about issues for women in armed conflict, as well as the resilience many have shown, see the recent study on “Women Facing War” at www.womenandwar.org.

How does IHL protect children?

IHL forbids attacks against civilians and identifies special protection for children. All civilians are to be protected against murder, torture, pillage, reprisals, indiscriminate destruction of property and being taken hostage. Their honour, family rights, religious convictions and practices are to be respected. Occupying forces are to ensure and allow safe passage of adequate food and medical supplies and the establishment of hospital and safety zones for the wounded, sick, elderly, children, expectant mothers and mothers of young children. Special provisions also respond to the needs of children unaccompanied by family, psychosocial needs, and family communication.

Children under 15 who are orphaned or separated from their families must be provided for. They must be able to practise their religion and their education must be facilitated.

Is it a violation of IHL if civilians are killed during war?

Protecting civilians is a major objective of IHL. Under Geneva Convention IV, civilians are to be protected from murder and permitted to lead normal lives, if security allows. Additional Protocol I of 1977 provides further details extending civilian protection in international armed conflicts. Although the United States signed Protocol I, it has not yet ratified it. Even so, the US has indicated it will abide by these provisions, which are considered by many to be a codification of widely accepted customary law, developed over hundreds of years.

The basic rule on the principle of distinction is set out in Article 48 of Protocol I, which states: “In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.” In addition to prohibiting direct attacks, IHL also prohibits indiscriminate attacks on civilians. These can occur, for example, when an attack by the armed forces on a military target does not take into account excessive negative consequences to civilians (Article 41 of Protocol I).

However, not all civilian deaths are unlawful during war. IHL does not outlaw armed conflict, but instead attempts to balance a nation’s acknowledged legal right to attack legitimate military targets during war with the right of the civilian population to be protected from the effects of the hostilities. In other words, given the nature of warfare, IHL anticipates a certain amount of “collateral damage”, which sometimes, regrettably, may include civilian casualties.