International Humanitarian
Law: History and Main
Principles
Gentian Zyberi, Associate Professor
Norwegian Centre for Human Rights
University of Oslo
Outline
• Historical Development of IHL;
• IHL Scenarios;
• Main IHL Principles;
• Additional/Recommended Resources.
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Historical Development of IHL
Antiquity and the Middle Ages
Culture and religion
Precursors of Geneva and Hague law
Geneva and Hague law, pre WW1
Post-WW2 merger: Geneva Conventions
and Additional Protocols
• Other IHL treaties.
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Some Landmark Developments (1)
1863 Lieber Code
1864 Geneva Convention
1868 St. Petersburg Declaration
1880 Oxford Manual of the Institute of
International Law
• Geneva Conventions of 1906, 1929 and 1949
• Hague Regulations of 1899 and 1907
• 1977 Additional Protocols
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Some Landmark Developments (2)
• Geneva Gas Protocol
• Hague Convention on Cultural Property
• Conventional Weapons Convention (and
Additional Protocols)
• Landmines Convention
• Cluster Munitions Convention
• Statutes of international criminal courts
and tribunals
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Rules of War in a Nutshell
• ICRC, Rules of War in a Nutshell, 19 August 2014
– 4:43
• 150 years of humanitarian action: Rules to limit
suffering (
• Early principles included in the Geneva
Convention for the Amelioration of the Condition
of the Wounded in Armies in the Field, 22 August
1864:
 Relief to the wounded without any distinction as to
nationality;
 Neutrality (inviolability) of medical personnel and
medical establishments and units;
 The distinctive sign of the red cross on a white
ground.
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Scenario 1
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Utanabuti is a small country which won its independence in the 1960s. Utanabuti has
been mostly stable and largely democratic, with successive governments being
formed by leaders of the independence movement. Utanabuti has suffered bouts of
conflict with the neighbouring state of Ysarkris since 1995. Ysarkris is a dictatorship
with extremely repressive internal policies and a large and well-funded military. The
conflict has recently escalated with a series of clashes and border incidents. These
border incidents were instigated by Ysarkris, and continued despite condemnation by
the United Nations. Ten days ago, Ysarki forces entered the sovereign territory of
Utanabuti, and carried out a massacre of many civilians in a frontier village. In
particular, Ysarki forces targeted the local hospitals – sparing no one. There is now an
open and active conflict raging on the territory of both countries, though neither
Ysarkris nor Utanabuti have formally declared war. You are military commanders
and planners in the armed forces of Utanabuti. Your government has instructed you
to defeat the forces of Ysarkris at all costs, and to restore stability to your embattled
country.
You are considering carrying out an attack on the main military barracks in Ysarkris.
It is likely that a school, located just outside the perimeter of the base, will be severely
damaged in any attack. It is unclear whether this is a boarding school or whether
children and teachers are only present during the day. Do you undertake this
operation? Would you make any changes to the battle plan?
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Scenario 2
• In the course of a sustained battle between your unit and
Ysarki forces, you have managed to surround the
remaining enemy forces. Three Ysarki soldiers (including
a top military commander) drop their weapons and
declare that they are surrendering. Another surrenders
but is badly wounded. You know that this unit in
particular was directly responsible for carrying out the
massacre of the Utanabuti civilians. You are, however,
far from any of your own units and know that other
Ysarki units are approaching.
• You radio your commander instructs you to kill the
remaining soldiers and return to base as soon as
possible. Do you follow these orders?
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Scenario 3
• You have received intelligence that the Ysarki forces
stationed in a nearby town are planning an imminent
attack against your Utanabuti civilians and power
infrastructure. Their attack is likely to be launched the
following morning. It is critical that you protect civilians
and stop this attack from taking place.
• Your top military planner advises sending in one of your
soldiers disguised as a civilian. He would be able to
infiltrate the Ysarki position and assassinate the Ysarki
commander stationed there, with a concealed weapon.
This could probably stop their planned attack.
• Do you approve this operation plan?
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Main IHL Principles
• Military necessity (Art. 23(g), Hague Regulations
IV 1907)
• Humanity (Common Article 3 to the GCs; Arts.
12/12/13/27 of the GCs; Art. 40, AP I; Art. 4, AP II)
• Distinction (Art. 48, AP I; Art. 52(2), AP I)
• Proportionality (Arts. 51(5)(b) and 57(2)(b), AP I)
• Prohibition of unnecessary suffering or
superfluous injury (Art. 35, AP I)
• Chivalry/ honorable conduct (Art. 37, AP I)
• Others?
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Concluding Remarks
Aims of IHL
Sources of IHL
General principles of IHL
Development of IHL throughout
history
• Current challenges to the
enforcement of IHL.
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Additional/Recommended Resources
• ICRC databases on IHL;
• International Review of the Red Cross;
• Other international legal journals (AJIL,
EJIL, Journal of International Humanitarian
Legal Studies, The Hague Yearbook of IHL);
• International law blogs (International Law
Observer, Opinio Juris, EJIL: Talk, Armed
Groups and International Law, International
Criminal Law Bureau);
• ASIL Electronic Resource Guide;
• Audiovisual Library of International Law.
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