International Humanitarian Law. You've probably heard about it in the news or read about it on social media - but what is it? And what happens if it is broken?
International Humanitarian Law (IHL) or the 'law of war', is a set of rules that aim to limit the potentially devastating effects of armed conflict.
It protects people who are not participating in hostilities, including those who are no longer participating, and restricts the means and methods of warfare.
What are the principles?
HUMANITY
Humanity forbids the infliction of suffering, injury, or destruction that isn’t necessary for the accomplishment of legitimate military purposes. (1)
DISTINCTION
The parties to the conflict must always differentiate between civilians and combatants. Attacks may only be directed against combatants. Attacks must never be directed against civilians. (2)
PROPORTIONALITY
Proportionality seeks to limit damage caused by military operations by requiring that the effects of the means and methods of warfare used must not be disproportionate to the military advantage sought. (3)
PRECAUTIONS
It’s prohibited to launch an attack which might cause incidental loss of civilian life, injury to civilians, and/or damage to civilian objects (e.g. a place of worship, a school or a house) which would be excessive in relation to the concrete and direct military advantage anticipated.) (4)
Does everyone need to follow international humanitarian law?
Yes. The law is universal: all parties fighting in a conflict are obligated to follow IHL, whether they’re governmental forces or non-State armed groups.
The Geneva Conventions, which are central to IGL, have been ratified (approved formally) by all 196 States, making IHL a universal law.
what happens if the law is broken?
All states are under an obligation to prevent and punish violations of IHL. Serious violations of IHL are called war crimes.
War crimes include the killing of civilians. States must investigate war crimes committed by their nationals or armed forces or on their territory and, if possible, prosecute the suspects.
The rules that exist to protect children must be upheld everywhere, at all times, or they become meaningless.
International Humanitarian Law has to be applied consistently. There can be no double standards, where it applies to some and not others.
[1] Source: British Red Cross
[2[ Source: British Red Cross
[3] Source: ICRC
[4] Source: British Red Cross and ICRC
