BRIEF INTRODUCTION ON INTERNATIONAL HUMANITARIAN LAW BY CHIRAGH DEVAL @LEXCLIQ

BRIEF INTRODUCTION ON INTERNATIONAL HUMANITARIAN LAW

INTRODUCTION

Laws of armed conflict are also known as International Humanitarian Law, which tells us about the conduct of war (jus in bello). It works with International law which regulates the effect of armed conflict by protecting persons who do not participate in hostilities and tells us about the regulation and method of warfare for the combatants.

International Humanitarian Law came for the benefit of the humans only and was inspired by the consideration of humanity. In this, there are set of rules, treaties & customs which benefits for the people who are at war or may be got affected by the war.

There are two historical streams that made the Modern International Humanitarian Law:

  • The law of Hague: Referred to in the past as the law of war proper.
  • The law of Geneva or Humanitarian Law.

These two conventions drew up treaties that relate to war and conflict. Both deals in Jus in bello, which tells us about what is acceptable during armed conflict.

The Law of Hague tells us about the rights and duties of belligerents. Moreover, tells us about the definitions of combatants, rules, and regulations relating to the means and method of warfare, and also examines the issues of military objectives.

GENEVA CONVENTIONS

The Geneva Conventions developed in a number of stages between 1864 & 1949. Its main focus is on the protection of civilians and who is not a participant or no longer at fight during the armed conflict. After World War II, all four Geneva Conventions got revised. Later protocols have been added and addressing issues of civil war.

Convention I: This convention tells us about the protection of wounded & sick who are not an active part in hostility against a party. It does not discriminate between race, color, sex, religion, or faith and ensures human treatment. It also tells us about the right to proper medical treatment and care.

Convention II: This convention deals with the protection of wounded, sick, and shipwrecked military personal at sea during the war, including special protections afforded to hospital ships.

Convention III: This convention applies to prisoners of war, according to such prisoners’ proper and humane treatment as specified by the first Convention.

Convention IV: This convention protects the civilians, including those in occupied territory. Here the treatment of civilians was introduced. It specifically deals with attacks on civilian hospitals, medical transport, etc.

There are three additional protocols in International Humanitarian Law:

Protocol I: This deals with protected persons as per the original conventions.

Protocol II: A brief of humane treatment of fundamentals was clarified.

Protocol III: This protocol was adopted in 2005 which added another emblem, the “red crystal”.

Article 3 was applied to every protocol of the Geneva Conventions.

INTERNATIONAL COMMITTEE OF THE RED CROSS

It’s a controlling authority under International Humanitarian Law which is the ICRC & it is based in Geneva, founded in 1863 during the inception of ICRC.

CONCLUSION

International Humanitarian Law was basically for the humans only after the second world war, communities were made for the protection of civilians, prisoners at war, and much more. Rules and regulations were also made in International Humanitarian Law to cure everyone and to have a close watch on the armed conflicts and non-armed conflicts state.

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