1.

What are the punishments for the violators of International Humanitarian Law?
It depends on states laws.

The responsibility for prosecuting serious violations of international humanitarian law falls primarily on States. This is particularly clear in the case of "grave breaches," where the requirement goes so far as to oblige States to search for and punish all those who have themselves committed or issued orders to others to commit a grave breach, regardless of the nationality of the perpetrator or where the crime was committed. More recently, the responsibility of States has been complemented by the establishment of international (for the former Yugoslavia and Rwanda) and "mixed" criminal tribunals. (The "mixed" tribunals, such as the ones for Cambodia and Sierra Leone, are half-international and half-domestic.) The Rome Statute the treaty that established the International Criminal Court, a permanent tribunal to prosecute individuals for genocide, crimes against humanity and war crimes was adopted at a diplomatic conference in 1998. These efforts represent a major step forward in efforts to prevent and punish serious violations of international humanitarian law and thus enhance respect for this body of law. 2. Is there such a thing as a justified war according to the organization? Humanitarian law does not address this question
IHL does not decide whether a war is legal or just because that is governed

by a different set of rules, referred to as jus ad bellum, which is regulated by the UN Charter.
IHL was developed to deal with situations of armed conflict. It seeks, for

humanitarian reasons, to limit the effects of armed conflict by setting out rules on the ways in which war may be waged, and is known also as jus in bello.

IHL deals with the fact of war without concerning itself with the reasons for a particular conflict or its legality. Its provisions apply to all victims of war, regardless of which side they are on, the reasons for the conflict or its legality, or the justness of their cause.

3.

Is the Philippines a signatory of the Geneva Convention? What are the advantages we have being a signatory? Yes, the Philippines has signed on the Geneva Convention of August 12, 1949 on the same date and it was ratified on June 10, 1952.

 Also on the 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, on December 12, 1977 and was ratified on March 3, 2012 but with below reservation/declaration: "a) The application of Protocol I, particularly Articles 1(4), 4 and 96(3) shall not affect the legal status of the Parties to the conflict, nor the legal status of the concerned territory; as such, no claim of status of belligerency may be invoked therefrom; b) The application of Protocol I may in no case be invoked in internal armed conflicts within sovereign States; c) The terms armed conflict and conflict do not include the commission of ordinary crimes, whether collective or isolated." 4. Who are bound by International Humanitarian Law? All parties to an armed conflict whether they are States or non-State actors are bound by the relevant rules of IHL. This is the case even though only States may become party to international treaties, and thus to the four Geneva Conventions and their Additional Protocols. States Parties must not only respect but also ensure respect for IHL in all circumstances. While the obligations of non-State armed groups may differ from those of sovereign States, most of the customary rules of IHL apply to all parties to a conflict. Non-State armed groups are generally bound by the treaty IHL rules applicable in non-international armed conflicts as well. Furthermore, States not party to an armed conflict are required neither to encourage a party to violate IHL nor to take such action as would assist in the commission of violations of IHL. This obligation is generally interpreted as requiring States not party to an armed conflict to take all appropriate measures to prevent or end violations of IHL committed by any party to the conflict. 5. When is International Humanitarian Law applicable?
IHL applies in all situations of armed conflict. There are a number of

different scenarios that can be defined as armed conflict. A number of factors have to be taken into account before characterizing a situation as an armed conflict and therefore subject to the rules of IHL. It is a widely accepted principle that any difference between opposing parties that leads to the use of armed force results in armed conflict. An armed conflict may be either international (between two or more States) or non-international (between governmental authorities and organized armed groups or between such groups within a State). It is important to stress that one type of armed conflict

can also develop into the other. For IHL to apply, the de facto occurrence of hostilities is sufficient, even without a formal declaration of war and even if one of the parties denies the existence of a state of war. IHL does not apply in situations of internal violence, such as demonstrations, disturbances, riots or internal tensions. However, it is often difficult to make a clear distinction between non-international armed conflicts and such situations.
6.

Who are protected by International Humanitarian Law? International humanitarian law protects a wide range of people and objects during armed conflict. The Geneva Conventions and their Additional Protocols protect the sick, wounded and shipwrecked not taking part in hostilities, prisoners of war and other detained persons, as well as civilians and civilian objects.

7.

Where can we file cases for violations of the IHL?

The establishment of the International Criminal Tribunals for the former

Yugoslavia and for Rwanda, and the recent adoption of the Rome Statute of the International Criminal Court (ICC), are important steps towards ensuring that justice prevails. However, existing and future international criminal courts alone will never be able to try all cases of serious violations of international humanitarian law. Domestic courts have to step in and they must keep their role as the main agents for rendering justice. The rule according to which the ICCs jurisdiction is a complementary one is wise and also indispensable for guaranteeing the new courts success. The international courts should actively seek to establish cooperation agreements with national jurisdictions and facilitate the transfer of cases, in particular those of minor importance. 8. Give instances wherein a soldier can disobey his superior, if there is any.
Soldiers must know the basic rules of IHL so as to be able to distinguish

between lawful and manifestly unlawful orders. Obeying orders is no excuse for committing war crimes or otherwise violating IHL. If a soldier is given an order that is manifestly unlawful, he or she must refuse to obey it; obeying it would make the soldier individually responsible for the resulting violation of IHL. 9. How does principle of distinction applies to armed conflicts?
With regard to civilians, IHL emphasizes the principle of distinction by

clearly stating that military targets are the only legitimate objects of attack. IHL also protects objects that are indispensable to the survival of the civilian population. It contains prohibitions on attacking, destroying, removing or rendering useless food supplies, water and sewer systems, agricultural areas

for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, as well as other similar essentials. The prohibitions under IHL cover such acts regardless of their motives, whether they are undertaken in order to starve out civilians, to cause them to move away, or for any other reason. Forcible starvation of civilians is a war crime. As for captured combatants and fighters, IHL requires that they be treated humanely, with respect for their lives and their human dignity. Torture, illtreatment and abuse that violate their essential rights are forbidden, and the basic principles of humanity must be respected. Depriving captured combatants or fighters of the basic necessities of life violates humanitarian norms. The Principle of Distinction between Civilians and Combatants The parties to the conflict must at all times distinguish between civilians and combatants. Attacks may only be directed against combatants. Attacks must not be directed against civilians. 10. How does IHL monitored for compliance? There is no supranational police force that can interfere to ensure that violators of international law are punished. A state involved in an armed conflict is responsible for the conduct of the members of its armed forces. An officer is responsible for the orders s/he gives to subordinate soldiers, and should see to it that they follow the laws of war. A soldier is also responsible for the action s/he takes under the rules on individual criminal responsibility. There is no justification for war crimes at any level of the armed forces. Of course the opposite party can observe how the law is upheld. Media is present in most conflicts of the world today where access of others such as observers and human rights groups or officials on monitoring duty is limited; by revealing violations and making them known and public, the media has a vital role to play in the observance of IHL. Protecting Power According to the Geneva Conventions, a so-called Protecting Power can be appointed by the parties. A Protecting Power is a third neutral state given the task to monitor observance of IHL. Protecting Powers have not been used often due to the difficulty on the parties to the conflict to agree on the identity of the two neutral states that will observe the situation on behalf of each party. International Committee of the Red Cross (ICRC) The ICRC has a specific mandate to act in armed conflicts. It has the mandate to visit prisoners of war (POW) and other detained persons as well as provide medical care and protection for civilians caught in armed conflict. Fact-finding Commission and other commissions

As stipulated in article 90 of the First Additional Protocol (IAP), a fact-finding commission can be appointed to enquire into any allegation to a violation of IHL. The UN, EU, or Organization for Security and Cooperation in Europe (OSCE) can also send different kinds of fact-finding commissions of their own. For example, in February 2005 an OSCE Minsk Group Fact-Finding Mission visited the seven occupied regions of Azerbaijan. Non-Governmental Organisations (NGOs) There are several national as well as international non-governmental organisations that are monitoring compliance of IHL. Human rights organisations such as BTselem in Israel, the Palestinian organisation Al-Haq, and Amnesty International and Human Rights Watch on the international level, are among those monitoring IHL violations. 11. What is looting? Israels Manual on the Laws of War (1998) states: Looting is the theft of enemy property (private or public) by individual soldiers for private purposes. Today, at any rate, looting is absolutely prohibited. The Hague Conventions forbid looting in the course of battle as well as in occupied territory Looting is regarded as a despicable act that tarnishes both the soldier and the IDF [Israel Defense Forces], leaving a serious moral blot During the Galilee War, there were unfortunately cases of looting of civilians in Lebanon including a case where even officers a major and captain were demoted to the rank of private and [received] a long prison term.
12.

How about the use of atomic or nuclear bombs, are they prohibited? The unregulated widespread availability of arms contributes to violations of international humanitarian law (IHL) and hampers delivery of assistance to victims. Since 2006, States have been discussing a global "Arms Trade Treaty" (ATT). In January 2010, the UN General Assembly decided to convene the 2012 UN Conference on the Arms Trade Treaty to elaborate a legally binding instrument on the highest possible international standards for the transfer of conventional arms. The ICRC supports the elaboration of a comprehensive, legally binding ATT that establishes common international standards for the responsible transfer and brokering of all conventional weapons and their ammunition. The destructive power of nuclear weapons puts them in a category of their own, yet there is no comprehensive or universal ban on their use under international law. Nevertheless, in July 1996 the International Court of Justice concluded that their use would generally be contrary to the principles and rules of IHL. The ICRC finds it difficult to envisage how any use of

nuclear weapons could be compatible with the rules of IHL. In view of the unique characteristics of nuclear weapons, the ICRC further calls on all States to ensure that such weapons are never used again, regardless of their views on the legality of such use. Faced with the constant and rapid evolution of weapons, the ICRC has published a Guide to Legal Reviews of New Weapons, Means and Methods of Warfare to help governments fulfil their obligation to ensure that the use of new weapons, means or methods of warfare
The following is an overview of weapons that are regulated by IHL

treaties. Weapon Explosive projectiles weighing less than 400 grams Bullets that expand or flatten in the human body Poison and poisoned weapons Chemical weapons Treaty Declaration of Saint Petersburg (1868) Hague Declaration (1899) Hague Regulations (1907) Geneva Protocol (1925) Convention on the prohibition of chemical weapons (1993) Geneva Protocol (1925) Convention on the prohibition of biological weapons (1972) Protocol I (1980) to the Convention on Certain Conventional Weapons Protocol III (1980) to the Convention on Certain Conventional Weapons Protocol IV (1995) to the Convention on Certain Conventional Weapons Protocol II, as amended (1996), to the Convention on Certain Conventional Weapons Convention on the Prohibition of AntiPersonnel Mines (Ottawa Treaty) Explosive Remnants of War Cluster Munitions (1997) Protocol V (2003) to the Convention on Certain Conventional Weapons Convention on Cluster Munitions (2008)

Biological weapons

Weapons that injure by fragments which, in the human body, escape detection by X-rays Incendiary weapons Blinding laser weapons Mines, booby traps and "other devices" Anti-personnel mines

Sources: http://www.icrc.org/eng/resources/documents/publication/p0703.htm http://ehl.redcross.org/resources/downloads/ihlguide.pdf

http://ehl.redcross.org/resources/downloads/ihlguide.pdf http://www.icrc.org/eng/resources/documents/article/other/57jr5t.htm http://www.icrc.org/eng/war-and-law/weapons/nuclear-weapons/overview-nuclearweapons.htm