This lecture presents the meaning, basic concepts and the purpose of International Humanitarian Law. It gives a detailed explanation of IHL's role in armed conflicts.
3. War is no way a relationship of man with man
but a relationship between states, in which
individuals are enemies only by accident; not
as men, nor even as citizens, but as soldier.
Jean-Jacques Rousseau, 1762
4. It is a branch of the law of nations, or
International Law.
It governs relations between members of the
international community, namely states,
International organizations and other subjects
of international law.
5. The purpose of IHL is to alleviate the
suffering of all the victims of armed
conflicts who are in power of their
enemy, whether wounded, sick or
shipwrecked, prisoners of war or
civilians.
9. Non observance of the rights of
minorities,
Disregard of human rights,
Dictatorial regime
Break down of peace within the State.
Crumbling of governmental authority.
10. Devastating consequences by unbridled
violence and lethal weapons.
Application of international human rights
law.
Rights of Governments to choose method
and means for establishment of law and
order is no longer unlimited.
12. The fact that IHL deals with war does not
mean that its role is inconsistent with
general prohibition of war.
13. IHL Is developed by states mainly through the
adoption of treaties and the formation of
customary law.
14. IHL protects all victims, of armed conflicts,
including both civilians and combatants who
have laid down their arms.
15. IHL is applicable whenever an armed
conflict actually breaks out, no matter for
what reason.
16. Geneva Conventions are presently
binding on 175 States with a few
exceptions the entire community of
States.
17. The true test of IHL is whether combatants,
and those who command them, abide by the
rules. Ultimately, what is needed, beyond
humanitarian original action, is the political
will to spare civilians and to respect IHL.