INTERNATIONAL HUMANITARIAN LAW
NATURE
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War as old as man
From ancient battlefields to industrialized war
Law of War (jus in belli) and customs of war
Does not prohibit war
First attempt of codifying IHL 1859, Europe
1906 Draft Geneva Convention
Emerging challenges: war on terror and organized crimes
Indispensable cornerstone: protection of civilians
PRINCIPLES:
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Distinction – distinguish between combatants and civilians
Precaution – avoid civilian casualty
Proportionality – avoid incidental loss of life, property
Unnecessary Suffering – avoid means that inflict superfluous
injury (only purpose: weaken military forces of enemy)
Human Treatment – all that have fallen are entitled to humane
treatment (e.g., hors de combat)
States and non-state actors are bound by IHL
ARMED CONFLICT:
 Not synonymous with war
COMBATANTS:
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Generically – members of the fighting forces
State and non-state forces (eg, rebels, belligerents)
Participants in Levee en masse – inhabitants of a non-occupied
territory who are not members of armed forces who
spontaneously raise an armed resistance against invaders. If
continuous, they will be regarded as combatants (a legitimate
target).
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All others who raise such resistance are regarded as civilians
(not legitimate targets)
Civilians who directly participate in hostilities are combatants
Non-arm bearing medics and religious personnel are not
combatants
Combatants enjoy protection (combatant status)
Others no protection – such as levee en masse, mercenaries,
arm-bearing civilians, terrorists
Combatants may lose privilege for failing to distinguish
themselves from civilian population
“Unlawful combatant”
Civilian population = not members of armed forces, levee en
masse. Includes civilians not incorporated in armed forces
MILITARY OBJECTIVES AND CIVILIAN OBJECTS
 Attacks must be directed only to military objective, not civilian
object
 Military objective – detrmined by nature, location, purpose or use
– for effective milary contribution to military action
 Protected objects – culture property, dams, dykes, nuclear power
plants, natural environment,
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