International Humanitarian Law

Introduction

International Humanitarian Law (IHL) is the body of international law applicable during armed conflict. It seeks to limit the effects of war by protecting persons who are not, or are no longer, participating in hostilities and by restricting the means and methods of warfare.

IHL is also commonly called the law of armed conflict or law of war.

Core Principles

International Humanitarian Law: Rules governing conduct during armed conflict.

Law of Armed Conflict: Another term commonly used for international humanitarian law.

Principle of Distinction: Parties to an armed conflict must distinguish between civilians and combatants and between civilian objects and military objectives.

Proportionality: Attacks must not be expected to cause excessive civilian harm in relation to the concrete and direct military advantage anticipated.

Precautions in Attack: Parties must take feasible precautions to minimize civilian harm.

Military Necessity: The principle that military operations must be directed toward legitimate military purposes and conducted within applicable legal limits.

Humanity: The principle underlying restrictions on unnecessary suffering and the protection of persons affected by conflict.

Persons Protected by IHL

Civilian: A person who is not a member of the armed forces or otherwise directly participating in hostilities according to applicable law.

Combatant: A member of an armed force entitled to participate directly in hostilities under the applicable legal framework.

Wounded and Sick: Persons affected by illness or injury who are entitled to protection under applicable humanitarian law.

Prisoner of War: A person entitled to prisoner-of-war status under the applicable rules of international humanitarian law.

Medical Personnel: Personnel assigned exclusively to medical duties and protected under IHL.

Humanitarian Personnel: Personnel engaged in humanitarian activities who receive protection under applicable international law.

Protected Objects

Civilian Object: An object that is not a military objective.

Military Objective: An object which, by its nature, location, purpose or use, makes an effective contribution to military action and whose destruction, capture or neutralization offers a definite military advantage under applicable law.

Medical Facility: A facility dedicated to medical purposes and protected under applicable IHL.

Cultural Property: Property of importance to cultural heritage receiving protection under applicable international law.

Means and Methods of Warfare

Means of Warfare: Weapons, systems and equipment used in armed conflict.

Methods of Warfare: The manner in which military operations are conducted.

Prohibited Weapons: Weapons whose use is prohibited or restricted by applicable international law.

Indiscriminate Attack: An attack that cannot be directed at a specific military objective or whose effects cannot be limited as required by IHL.

Unnecessary Suffering: Suffering beyond what is legally permissible in relation to legitimate military purposes.

Armed Conflict

International Armed Conflict: Armed conflict between states.

Non-International Armed Conflict: Protracted armed violence involving governmental authorities and organized armed groups, or between such groups, under the conditions established by applicable international humanitarian law.

Occupation: Situation in which territory is placed under the effective control of a hostile foreign army without transfer of sovereignty.

Fundamental Treaties

Geneva Conventions: Four major treaties adopted in 1949 that establish important protections for victims of armed conflict.

Additional Protocols: Protocols adopted in 1977 and 2005 that supplement the Geneva Conventions and address various aspects of armed conflict and humanitarian protection.

Hague Law: A term historically associated with rules governing means and methods of warfare.

Geneva Law: A term historically associated with protection of victims of armed conflict.

Humanitarian Protection

Humanitarian Assistance: Assistance intended to protect and support people affected by armed conflict or disaster.

Humanitarian Access: Ability of humanitarian organizations to reach affected populations.

Humanitarian Corridor: A designated arrangement intended to facilitate safe movement of civilians or humanitarian assistance.

Evacuation: Organized movement of civilians or protected persons away from danger.

Internally Displaced Person: A person forced to flee their home but who remains within their own country’s borders.

Refugee: A person who meets the applicable international legal definition of refugee and is outside their country of nationality or habitual residence.

Serious Violations

War Crime: A serious violation of international humanitarian law that entails individual criminal responsibility under applicable international law.

Examples may include:

• Intentionally directing attacks against civilians
• Intentionally attacking certain protected persons or objects
• Torture
• Certain forms of cruel treatment
• Taking hostages
• Certain unlawful killings
• Certain unlawful deportations or transfers

Accountability

Command Responsibility: A doctrine concerning the responsibility of commanders or superiors for certain crimes committed by subordinates where the applicable legal requirements are satisfied.

Individual Criminal Responsibility: Personal legal responsibility for international crimes.

International Criminal Law: The body of international law concerning individual responsibility for international crimes.

Key Distinctions

IHL vs International Human Rights Law: IHL primarily governs situations of armed conflict; international human rights law generally applies more broadly, including during peacetime, subject to applicable rules and limitations.

International Armed Conflict vs Non-International Armed Conflict: The former concerns armed conflict between states; the latter concerns qualifying armed violence involving states and organized armed groups or between such groups.

Civilian vs Combatant: IHL distinguishes persons according to their status and participation in hostilities under applicable law.

IHL vs Just War Theory: IHL is a body of positive international law; just war theory is a philosophical and ethical tradition concerning the morality of war.

Key Terms at a Glance

International Humanitarian Law | Law of Armed Conflict | Distinction | Proportionality | Precautions in Attack | Military Necessity | Humanity | Civilian | Combatant | Prisoner of War | Medical Personnel | Civilian Object | Military Objective | International Armed Conflict | Non-International Armed Conflict | Occupation | Geneva Conventions | Additional Protocols | Humanitarian Assistance | Humanitarian Access | War Crime | Command Responsibility

Related Glossaries

War and Armed Conflict | International Law | International Security | Refugees and Migration | International Courts and Tribunals | Human Security