International humanitarian law originated from ancient rules of war and aims to limit human suffering during armed conflicts. It applies only to wars and is contained in the 1949 Geneva Conventions that most countries have ratified. While the UN Charter prohibits war, loopholes allow armed conflicts to continue, demonstrating the need for humanitarian laws. These laws try to balance military needs with humanitarian protections for non-combatants. The Red Cross movement plays a key role in implementing international humanitarian law.
2. INTERNATIONAL HUMANITARIAN LAW
• The international humanitarian law is rooted in rules of ancient
civilization. It is a part of international and a body of rules which
governs relations between the states and provides for a set of rules to
reduce the after effects of a war. International humanitarian law
applies only to armed conflicts. It is contained in 4th Geneva
conventions 1949 nearly entire world has agreed to be bound by them.
• These laws maintain full balance between the humanitarian concerns
and military requirements of the state. Although it restricts the means
of warfare and protects the ones who are not or no longer participating
in the warfare.
3. WHY DO WE NEED HUMANITARIAN
LAWS
• A considerable question is that when the charter of united nations
have forbidden war why do we need humanitarian law?
• Even though the war is forbidden the loopholes of the law are used
to rage a war against one another few of those loop holes could be
listed down; the charter has not absolutely prohibited the use of
force the states can however defend themselves in response to a
threat to their independence or territory.
• The prohibition of force does not encompass internal armed
conflicts
4. CONTINUATION-
• The charter does not prohibit the use of force for internal armed
conflicts.
• The charter allows the use of force in order to maintain or restore
international peace.
• Armed conflicts are unavoidable and a sad reality of this
contemporary world.
5. INTRODUCTION TO INTERNATIONAL
HUMANITARIN LAW
• Henry Dunant came up with a proposal of establishing an
international covenant to guarantee protection to the wounded
military personnel on battlefield which is the very first convention.
With these steps Dunant hoped to ease the suffering and agony of
the wounded. which gave beginning to humanitarian law. It was
red cross movement, red cresent movement, community of states,
non-governmental organizations, and by all person’s goodwill is
needed to bring about protection to vulnerable victims of warfare.
6. EVOLUTION OF THE LAW
• The first treaty for the protection of military victims was drawn and
signed up in 1864 in Geneva.
• In 1899, in the hague international protection was extended to
wounded, sick, and shipwrecked members of armed forces in sea
and prisoners of wars were also given consideration of the Geneva
law.
• In 1949 four Geneva conventions were enacted which were in force
till today who protect the persons who are not a part or no longer a
part on armed conflict.
7. FOUR GENEVA CONVENTIONS
• First Geneva Convention: for the wounded and sick members of
armed forces in the field
• Second Geneva Convention: for the wounded, sick and
shipwrecked members of armed forces at sea.
• Third Geneva Convention: on treatment prisoners at war
• Fourth Geneva Convention: on the protection of civilian persons
during the time of war.
• These conventions are still in force and almost the entire world is
bound by these conventions
8. THE INTERNATIONAL RED CROSS AND
RED CRESCENT MOVEMENT
• These are global humanitarian movements in global humanitarian
network of people that help those facing disaster, health and social
problem during disasters. It consists of international red cross and
red crescent societies and the 192 national red cross and red crescent
societies
9. SUBSTANCE OF HUMANITARIAN LAW
International humanitarian law is a complex mesh of , six major
treaties with more than 600 articles and a fine mesh of customary law
rules place restrictions on the use of violence in wartime. Such a
complexity should not over shadow the major purpose of the of the
law. Few of those purposes are: -
1. The persons who are not or who are not longer taking part in the
warfare shall be respected, protected and treated humanely, with
appropriate care, without any discrimination.
2. The persons who are not or who are not longer taking part whose
freedom has been restricted shall be treated humanely with
appropriate care without any discrimination.
10. CONTINUATION
• 3. The rights of the parties in the warfare shall not be unlimited and
causing and unnecessary suffering shall be inflicted
• 4. the safety of the civilian population has to be considered at all
times and the civilian object and the military objects will be
considered as 2 different objectives.
• These principals are the “fundamental general principals of
humanitarian law” these are the corner stones of the protection of
war victims by the law
11. HUMANITARIAN LAW AND HUMAN
RIGHTS LAW
• Humanitarian law is a sect of human rights law infact humanitarian
law is a specialized body of human rights law whose whole
purpose is fine tuned for the times of war. Though there are many
overlaps in the humanitarian law and human rights law they are 2
distinct bodies and both are the branches of public international
law.
• Humanitarian law focuses solely on the war affected victims where
as the human rights law includes various rights such as political
rights, education right etc,..
12. IMPLEMENTATION OF INTERNATIONAL
HUMAN RIGHTS LAW
• Parties that are bound to the conventions have to take necessary
states in the state sovereign to comply with the obligation arising
out of the treaty. And this is the course for all the international laws
• Geneva convention requires that the state adopts number of
measures to comply with the treaties. And some of those measures
are: -
1. instruction and training to armed forces
2. Domestic legislation on implementation
3. Prosecution of persons who have committed grave breaches of
international humanitarian law.
13. CONCLUSION
• International humanitarian law focuses solely on the war inflicted
victims. The quest is why isn’t the law given enough power that it
can absolutely stops the wars. The loopholes in the conventions are
being used to wage wars for political reasons. The law has use
stricter methods for its implementation and educate more and more
people about the existing laws that prevent such disasters it should
also make people aware of existence of the organizations for help.