International humanitarian law governs the conduct of armed conflict and seeks to limit its effects. It protects persons who are not or are no longer participating in the hostilities, as well as restricting the means and methods of warfare. The Geneva Conventions of 1949 and their Additional Protocols of 1977 are the core treaties of international humanitarian law. They protect the wounded, sick, shipwrecked, prisoners of war and civilians, and restrict warfare to discriminate between combatants and civilians. Violations of international humanitarian law that constitute grave breaches are considered war crimes.

1. LWN158:
PUBLIC
INTERNATIONAL LAW
WEEK 7:
INTERNATIONAL HUMANITARIAN
LAW

2. WHAT IS IHL?
The law of armed conflict
Jus in bello (distinguished from jus ad bellum, week 6)
Rules which govern what States may and may not do during war.
Imposes obligations on States with respect to
◦ the sorts of weapons they can use;
◦ locations which can be legitimately targeted;
◦ the treatment of civilians, combatants, sick or wounded people, prisoners
of war.
The Geneva Conventions codify the rules and customs of international
humanitarian law

3. GENERAL PRINCIPLES
COMBATANTS:
◦ “Combatants” = members of the armed forces, or
other equivalent authorised participants in armed
conflict
◦ Combatants are entitled to take part in hostilities,
and receive certain protections under law
◦ Combatants are legitimate targets of warfare.
◦ Combatants must be distinguished from civilians,
who are not legitimate targets and are protected
as long as they don’t join in hostilities

4. GENERAL PRINCIPLES:
WEAPONS:
1. No means or methods likely to cause unnecessary
suffering or superfluous injury;
2. No means or methods which cannot be directed
against a specific objective;
GOOD FAITH:
No treachery or perfidy in warfare – parties should
follow rules in good faith.

5. WAR CRIMES
• Violations of the laws and customs of war which
amount to ‘grave violations’ are war crimes
• These can be prosecuted by any State which is a
party to the Geneva Conventions
• War crimes can also be prosecuted in the
International Criminal Court (ICC), provided it
has jurisdiction

6. The Geneva Conventions
• First Geneva Convention: protection of wounded soldiers on land
during war
• Second Geneva Convention: protection of wounded and
shipwrecked soldiers at sea during war
• Third Geneva Convention: protection of prisoners of war
• Fourth Geneva Convention: protection of civilians
• First Optional Protocol: protection of civilians
• Second Optional Protocol: non-international armed conflict
1949
1977

7. First Geneva Convention:
Scope
Convention (I) for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field (12 August 1949).
Earlier iterations were silent as to the scope of the treaty’s
application
Art 2: This treaty shall apply
◦ to all cases of declared war or of any other armed conflict
which may arise between two or more of the High Contracting
Parties.
◦ to all cases of partial or total occupation of the territory of a
High Contracting Party (even if occupation meets with no
armed resistance)

8. Non-international
armed conflict
In the case of armed conflict not of international character occurring in territory
of one of High Contracting Parties certain minimum rules apply:
1. Persons taking no part in hostilities, including those who have laid down their
arms and those placed hors de combat shall be treated humanely and without
discrimination. The following acts shall be prohibited:
a) Violence to life and person
b) Taking of hostages
c) Outrages upon personal dignity
d) Passing of sentences or executions without proper judicial processes
2. The wounded and sick shall be collected and cared for.
Art 3:
This provision on non-international armed conflict is common to all four
Geneva Conventions

9. GC 1, Ch 2: Wounded &
Sick
Members of armed forces who are wounded or
sick shall be treated humanely and cared for
◦ Applies to members of all sides of a conflict
◦ Only urgent medical reasons can justify priority in
order of treatment
Basic rule, art 12:

10. Wounded & Sick
Art 13: clarifies scope of obligation – owed to members of
armed forces or equivalent, and persons working with
them:
◦ Militia and volunteer corps forming part of armed
forces
◦ Other militia, volunteer corps or organised resistance
movements provided they are under command of a
superior, wear identifiable sign, carry arms openly,
abide by laws and customs of war
◦ Inhabitants of non-occupied territory who
spontaneously take up arms provided they carry arms
openly and abide by laws and customs of war
◦ Persons accompanying armed forces, including civilian
contractors, crews, correspondents

11. Wounded & Sick
• Art 14: If wounded person is a member of enemy armed
forces, also to be regarded as prisoner of war.
• This brings with it additional protections, as set out in the
Third Geneva Convention.
• Art 15 – obligation to take steps to search and care for all
wounded
• Art 16 – obligation to keep records of sick, injured or
dead under their control
• Art 17 - Provisions regarding burial or cremation

12. GC 1 Chs 3 & 4: Medical Units
First Geneva Convention also imposes obligations with regard to
hospitals, medical units and personnel
◦ Chapter 3:
◦ Art 19 – fixed establishments and mobile medical units may not
be attacked
◦ Art 20 – includes hospital ships
◦ Art 21 – protection may cease if the establishments are used to
commit acts harmful to the enemy
◦ Chapter 4:
◦ Art 24 – medical personnel are to be protected in all
circumstances
◦ Art 25 – members of armed forces trained to carry out medical
duties are also protected while carrying out those duties.

13. Second Geneva Convention
Convention for the Amelioration of the Conditions of the Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea (1949)
Provides for protection of wounded, sick and shipwrecked, hospital
ships and personnel, medical transports
Arts 2 & 3 as for GC 1 (applies to declared war or armed conflict,
occupation, with minimum standards which apply to non-
international armed conflict)
Art 12 – treatment of wounded & sick - similar to art 12 GC1
Art 13 – applies to wounded or sick in categories similar to art 13
GC1

14. Third Geneva Convention
Convention Relative to the Treatment of Prisoners of War
(1949)
Arts 2 & 3 as for GC 1 & 2 (applies to declared war or
armed conflict, occupation, with minimum standards
which apply to non-international armed conflict)
143 articles which explicitly describe treatment expected
for prisoners of war.
Also broadens the category of persons entitled to prisoner
of war status.

15. Definition of ‘POW’
Art 4 – “prisoners of war” are members of the following
categories who have fallen into the power of an enemy:
• armed forces, or militias or volunteer corps forming part
of such armed forces
• other militias or volunteer corps, including organised
resistance movements provided they are commanded
by a superior, wear identifiable sign, carry arms openly
and follow the laws and customs of war.

16. Definition cont/…
• persons who accompany the armed forces
• members of crews
• Inhabitants of non-occupied territory who
spontaneously take up arms upon the
approach of the enemy

17. Timeframe of protection
Art 4 – protections apply to these persons from the time
they fall into the power of the enemy until their final
release and repatriation.
Art 5 – where there is any doubt as to whether persons
belong to any of these categories, they shall enjoy
protection of the Convention until their status has been
determined by a competent tribunal.

18. GC3 Part 2: General
Protections for POWs
POWs must be humanely treated at all times
◦ Any unlawful act or omission causing death or
endangering health is prohibited;
◦ Physical mutilation or medical/scientific
experiments are prohibited;
◦ Must be protected against violence, intimidation,
insults, public curiosity;
◦ No measures of reprisal permitted
Basic rule, art 3:

19. Protections cont/…
Art 14 – POWs entitled to respect for their persons and
their honour
◦ POWs retain their full civil capacity and detaining
power must not restrict the exercise of civil capacity
except as far as captivity requires.
Art 15 – all medical care to be provided free of charge
Art 16 – all POWs are to be treated equally, except in so
far as required by other provisions of convention
relating to sex or rank; or as necessary according to
state of health, age or professional qualification.

20. Treatment during detention
(GC3 Part 3)
Art 17 – when taken into captivity, POWs are
required to give their name, rank, DOB & serial
number
◦ They should be questioned in a language they understand
◦ They must not be tortured or otherwise coerced to give
information
Art 18 – POWs are entitled to retain their personal
effects and equipment
Art 19 & 20 – POWs must be safely and humanely
evacuated away from fighting zone

21. Treatment during detention
cont/…
Art 21 – detaining power may put POWs in internment
Art 22 – internment should be on land, in conditions to assure
health and hygiene, and with prisoners of same nationality,
language and customs
Art 23 – POWs should have access to protections like bomb
shelters (same as civilian population)
Art 25 – conditions should be as favourable as for detaining
power’s own forces
◦ Space, bedding, blankets, heating, lighting
◦ Separate dormitories for men and women if in the same camp

22. Treatment during detention
cont/…
Art 26 – food rations of sufficient quantity, quality
and variety to keep POWs in good health and
prevent weight loss or nutritional deficiencies.
Art 27 – clothing, underwear and footwear shall be
supplied in sufficient quantities, appropriate to
climate.
Art 28 – canteen shall be provided for sale of
tobacco, soap and ordinary articles.
◦ Not to exceed local prices
◦ Profits used for benefit of prisoners

23. Treatment during detention
cont/…
Art 29 – detaining power bound to take all sanitary
measures necessary to ensure cleanliness and
healthfulness of camps
Art 30 – every camp shall have adequate infirmary. If
additional medical care is required POW should be
transferred.
Art 31 – medical inspections should be carried out at
least once a month

24. Treatment during detention
cont/…
Arts 34-37: provision for religious freedoms of
POWs
Art 38: encouragement of intellectual,
educational and recreational pursuits, sports and
games. Opportunities for physical exercise and
for being out of doors.
Arts 49-67: provisions relating to using POWs for
labour, working conditions, fair pay

25. Contact of POWs with
Exterior and Authorities
Art 69: upon capture, must notify power on which POWs depend
Art 70: must permit POW to write to family within first week
Art 71: must be permitted to send and receive letters and cards
Art 72: must be allowed to receive care packages
Section VI ch 1: provision for POWs to make complaints about
conditions
Ch 2: POWs can appoint representatives
Ch 3: penal and disciplinary sanctions of POWs

26. Fourth Geneva Convention
Convention Relative to the Protection of Civilian Persons in
Time of War (1949)
Arts 2 & 3 as for GC 1, 2 & 3 (applies to declared war or
armed conflict, occupation, with minimum standards
which apply to non-international armed conflict)
Creates class of ‘protected persons’ who are entitled to
minimum standards of treatment if they fall into the
hands of a party to the conflict
Also provides protection for civilian population generally

27. General Protections of
Civilian Populations (GC 4
Part II)
Scope (art 13): provisions of Part II apply to the whole of the
population, without discrimination
Art 14: Parties may establish hospital and safety zones, and areas
to protect wounded, sick, aged, children, expectant mothers.
Art 15: Parties can establish neutralized zones within areas
where fighting is taking place intended to shelter:
(a) Wounded and sick combatants and non-combatants
(b) Civilians who take no part in hostilities and perform no work of a
military character
Art 16: wounded and sick, expectant mothers shall enjoy
particular protection and respect

28. General Protection of
Civilians
Art 18: civilian hospitals shall at all times be respected and may in
no circumstances be the object of attack. Hospitals should be
marked with distinctive emblem.
Art 19: protection of hospitals will cease if they are used to
commit acts harmful to the enemy.
Art 21-23: hospital vehicles, aircraft, convoys, consignments of
medical equipment shall not be attacked, and shall be marked
with distinctive emblem.
Art 24: protection of children under 15 who are orphaned or
separated from their families.
Arts 25 & 26: provisions relating to the protection of civilian
correspondence

29. Status and Treatment of “Protected
Persons” (GC 4 Part III)
Defined in art 4:
◦ Persons who find themselves in the hands of a party to
the conflict or occupying power of which they are not
nationals
◦ Excluding persons who are protected under one of the
other Conventions (ie POWs, sick, wounded etc).
Protected persons are entitled to respect for their persons,
honour, rights, religious practices & customs.
Basic rule, art 27:

30. Protected Persons
Art 27:
◦ At all times they shall be humanely treated, and protected
especially against violence, insults and public curiosity.
◦ Women shall be especially protected, in particular against
rape, enforced prostitution or indecent assault.
◦ Parties may take such measures of control and security as
may be necessary.
Art 28 – presence of a protected person may not be used to
render certain points or areas immune from military
operations.
Art 29 – the party to the conflict in whose hands the protected
person is responsible for their treatment.

31. Status and Treatment of
“Protected Persons” cont/…
Art 31 – no physical or moral coercion shall be exercised
against protected persons, in particular to obtain
information from them or from third parties.
Art 32 –physical suffering or extermination of protected
persons is specifically prohibited.
◦ Applies to murder, torture, corporal punishments,
mutilation and medical or scientific experiments
◦ And any other measures of brutality whether applied by
civilian or military agents.

32. Status and Treatment of
“Protected Persons” cont/…
Art 33 – no protected person may be punished for an offence he
or she has not personally committed.
◦ Pillage is prohibited
◦ Reprisals against protected persons and their property are
prohibited.
Art 34 – taking of hostages is prohibited.
Art 40: protected persons may be compelled to work but only to
the same extent as nationals of territory where conflict is
located
Art 42: may intern or detain protected persons but only where
absolutely necessary for security
Section IV: treatment of interned protected persons (very
similar to protections of POWs in GC3).

33. Additional Protocol 1
Protocol Additional to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I), 8 June 1977.
Affirms protections in other Conventions and expands
protections of civilians
Applies to international armed conflict, but confirms that
conflicts in which people are fighting against colonial
domination or racist regimes are to be considered
international conflicts (art 1(4))

34. Additional Protocol 1
Key duties:
• Parties to a conflict must distinguish between
civilians and combatants.
• Combatants must take steps to minimise civilian
casualties and damage to civilian objects

35. Methods and Means of
Warfare (AP1, Part III)
1. The right of parties to choose the methods and
means of warfare is not unlimited
2. Prohibited to employ weapons of a nature to
cause superfluous injury or unnecessary
suffering
3. Or which are intended, or may be expected, to
cause widespread, long-term and severe
damage to the natural environment.
Basic rules, art 35:

36. Combatants
(AP1, Part III)
“Combatants” are members of armed forces (art 43)
Combatants have the right to participate in hostilities.
A combatant who falls into the power of an adverse party
shall be a POW (art 44(1))
Combatants must distinguish themselves from civilians (art
44(3))
Mercenaries do not have the right to be a combatant or a
POW (art 47)
◦ “mercenary” = someone who takes part in hostilities and is motivated by
desire for private gain, who is not a national of a party to the conflict or a
member of their armed forces.

37. Protection of the Civilian
Population (AP1, Part IV)
Basic rule (art 48):
“In order to ensure respect for and protection of the
civilian population and civilian objects, the Parties to the
conflict shall at all times distinguish between the civilian
population and combatants and between civilian objects
and military objectives and accordingly shall direct their
operations only against military objectives.”

38. Protection of the Civilian
Population
Civilians shall enjoy general protection against dangers arising
from military operations (art 51)
◦ Civilian population shall not be the object of attack (art
51(1))
◦ Civilians shall enjoy protection unless and until they take
direct part in the hostilities (art 51(2))
Civilian objects shall not be the object of attack or reprisals
(art 52(1))
◦ “civilian objects” = not military objective
◦ “military objective” = object which makes contribution to
military action and whose total or partial destruction offers
definite military advantage (art 52(2))

39. Prohibition on
Indiscriminate Attacks
Art 51(4): indiscriminate attacks are prohibited,
that is:
(a) Attacks which are not directed at a specific military
objective;
(b) Attacks which employ a method or means which
cannot be directed at a specific military object
(c) Attacks which employ a method or means the effect
of which cannot be limited as required by this
Protocol.

40. Prohibition on Indiscriminate
Attacks cont/…
Art 51(5): in particular, these attacks are
considered to be indiscriminate:
a) Bombardment which treats as a single military
objective a number of clearly separated and
distinct objectives located in a city, town, village
or other area with similar concentration of
civilians or civilian objects
b) Attack which may be expected to cause incidental
loss of civilian life, injury to civilians or damage to
civilian objects which would be excessive in
relation to the direct military advantage
anticipated

41. Protection of Civilian
Objects
Art 53: it is prohibited to:
◦ Commit acts of hostility directed towards historic
monuments, works of art, places of workshop which
constitute the cultural or spiritual heritage of
peoples
◦ Use such objects in support of military effort
◦ Make such objects the object of reprisals
Art 54: objects indispensable for the survival of the
civilian population are protected

42. Protection of Civilian
Objects cont/…
Art 55 – protection of the natural environment
Art 56 – protection of works and installations
containing dangerous forces (eg dams, dykes, nuclear
power stations)
Art 57 – precautions shall be taken to protect
civilians and civilian objects – ‘constant care shall be
taken’
Art 58 – precautions against the effects of attacks

43. Additional Protocol 2
Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of Non-
International Armed Conflicts (Protocol II), 8 June 1977
Expands on the minimum protections for non-international
conflict contained in common art 3 of the GCs
“Non-international armed conflict” – needs to be more
than just civil unrest, armed resistance. Two relevant
factors:
1. Intensity of violence
2. Degree of organisation of parties

44. Protection of Civilians in Non-
International Armed Conflict
Protections for civilians, POWs, sick, wounded, shipwrecked,
medical and religious personnel in non-international armed
conflict (arts 4, 5, 7, 9)
Art 13 – civilian population and individual civilians shall enjoy
general protection
Art 14 – protection of objects indispensable to survival
Art 15 – protection of works and installations containing
dangerous forces
Art 16 - Protection of cultural objects and places of worship
Art 17 - Prohibition of forced movement of civilians