This lecture lays down the application and the practice of International Humanitarian Law also known as Law of Armed Conflicts (LOAC). It gives a detailed explanation of the core principles of IHL.

1. CORE
PRINCIPLES OF
IHL

2. PRESENTATION BY
Major General
Nilendra Kumar
President,
Akhil Bhartiya Vidhi
Pradhaypak Sangam

3. • International Humanitarian Law is
also called the Law of Armed
Conflict(LOAC). It was previously
known as the Law of war.

4. UNDERLYING PREMISE
• In time of war, certain humanitarian
rules must be observed, even with
regard to the enemy.

5. APPLICABILITY
• IHL is applicable whenever an armed
conflict actually breaks out no matter
for what reason.

6. FIELD OF APPLICATION
• The conventions and the Protocols are
applicable in case of declared war or in
any other armed conflict arising between
two or more of the parties to the
Conventions and Protocol. I from the
beginning of such a situation, even if the
state of war is not recognized by one of
them.

7. DURATION OF APPLICATION
• The application ceases at the general
close of military application, except for
those categories of people whose final
release, repatriation or settlement takes
place at a later date. These people shall
continue to benefit from the relevant
provisions of the Conventions and the
Protocol until their final release,
repatriation or settlement.

8. • IHL is a compromise between two underlying
principles, of humanity and of military necessity.
These two principles shape all its rules.

9. MILITARY NECESSITY
• This principle permits only that degree and kind
of force required to achieve the legitimate
purpose of a conflict, ie. The complete or partial
submission of the enemy at the earliest possible
moment with the minimum expenditure of life
and resources. It does not, however permit
taking of measures that would otherwise be
prohibited under the IHL.

10. HUMANITY
• The principle of humanity forbide the infliction of
all suffering, injury or destruction not necessary
for achieving the legitimate purpose of a conflict.

11. PROPORTIONALITY
• This rule pertains to attack directed against a
combatant or a military objective. This lays down
that it is prohibited to launch an attack that is
likely to cause incidental loss of civilian life,
injury to civilians, and or damage to civilian
objects that would be excessive in relation to the
concrete and direct military advantage
anticipated.

12. PROPORTIONALITY
• The principle is used to judge first, the
lawfulness in jus ad bellum of the strategic goals
in the use of force for self-defence, and second,
the lawfulness in jus in bello of any armed attack
that causes civilian casualties.
• This creates a permanent obligation for military
commanders to consider the results of the attack
compared to the advantage anticipated.

13. DISTINCTION
• Parties to an armed conflict must distinguish at
all times between civilian persons and civilian
objects on one hand, and combats and military
objectives on the other.
• A party to an armed conflict may direct an attack
only against combatants or military objectives.

14. • Neither the civilian population nor
individual civilians may be attacked unless
and for such time as they directly
participate in hostilities. Attacks may be
strictly limited to military objectives and
may not be directed against civilian
objects.

15. • In so far as objects are concerned military objectives are
limited to those objects that by their nature, location,
purpose or use make an effective contribution to military
action and whose partial or total destruction, capture or
neutralization, in the circumstances at the time offers a
definite military advantage.

16. PRECAUTIONS
• A Party to an armed conflict must take
constant care to spare civilians or civilians
objects when carrying out military
operations. The Party conducting an
attack must do everything feasible to verify
that the targets are military objectives.

17. GENERAL PRINCIPLES
OF LAW
• In cases not covered by the conventions the
protocol or other international agreements, or in
the case of denunciation of these agreements,
civilians and combatants remain under the
protection and authority of
• The principles of international law derived from
established custom,
• From the principles of humanity, and
• From the dictates of public conscience

18. Hors de Combat
• This category of persons refers to those
“out of combat” and therefore entitled to be
protected, not attacked, and treated
humanely.

19. Persons hors de combat and those who do
not take a direct part in hostilities are entitled
to respect for their lives and physical and
moral integrity. They shall in all
circumstances be protected and treated
humanely without any adverse distinction.

20. • It is forbidden to kill or injure an enemy who
surrenders or who is hors de combat.

21. • The wounded and sick shall be collected
and cared for by the party to the conflict
which has them in its power. Protection
also covers medical personnel,
establishments, transport and material.
The emblem of the red cross (Red
crescent, red lion and sun) is the sign of
such protection and must be respected.

22. • Captured combatants and civilians under
the authority of an adverse party are
entitled to respect for their lives, dignity,
personal rights and convictions. They shall
be protected against all acts of violence
and reprisals. They shall have the right to
correspond with their families and to
receive relief.

23. • Everyone shall be entitled to benefit from
fundamental judicial guarantees. No one
shall be held responsible for an act he has
not committed. No one shall be subjected
to physical or mental torture, corporal
punishment or cruel or degrading
treatment.

24. • Parties to a conflict and members of their
armed forces and not have an unlimited
choice of methods and means of warfare.
It is prohibited to employ weapons or
methods of warfare of a nature to cause
unnecessary losses or excessive
suffering.

25. • Parties to a conflict shall at all times
distinguish between the civilian population
and combatants in order to spare the
civilian population and property. Neither
the civilian population nor civilian persons
shall be the object of attacks. Attacks shall
be directed solely against military
objectives.

26. ARTICLE 3 COMMON TO THE FOUR
CONVENTIONS
• It applies to all armed conflicts of a non-
international character and occurring in the
territory of one of the parties to the Convention.
• In such a case, persons taking no active part in
the hostilities, including members or armed
forces who have laid down their arms and those
who are hors de combat for any other reason
will in all circumstances be treated humanely
without any adverse distinction.

27. • The common article 3 states what constitutes a
minimum of humane treatment.

28. • The following acts, committed against the
persons mentioned above, are and must remain
prohibited at all times and in all places.

29. • a) Violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
• b) Taking of hostages.
• c) Outrages upon personal dignity, in particular,
humiliating and degrading treatment.
• d) The passing of sentences and carrying out of
executions without previous judgements pronounced by
a regularly constituted court, affording all the judicial
guarantees which are recognized as in dispensable by
civilized peoples.

30. CONCLUSION
• Violence brings only temporary victories.
Violence by creating many more social problems
than it solves never brings permanent peace.

31. ANY QUESTIONS?

32. THANK YOU

33. @ COPYRIGHT
MAJOR GENERAL
NILENDRA KUMAR