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International
Humanitarian
Law

Sources of IHL
Basic Rules of IHL

This presentation is designed to inform participants about the basic elements of

International Humanitarian Law
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Contents for this

presentation

I) Definition of IHL
II)Sources of IHL
III)Basic Rules of IHL

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Principles and Values. International Federation of Red Cross and Red Crescent Societies
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I) Definition of IHL

International humanitarian law, also

known as the law of armed conflicts
or the law of war, is the body of
international rules which, in
wartime, protect persons and
objects affected or likely to be
affected by the hostilities, and limit
methods and means of warfare.
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Principles and Values. International Federation of Red Cross and Red Crescent Societies
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II) Sources of IHL

1) Treaties (also called Conventions,

Protocols, etc.), i.e. agreements
between States.
2) Customary rules, i.e. rules which,
without being necessarily included in
treaties, are being considered by
States as binding and for which it
exists a practice.
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Principles and Values. International Federation of Red Cross and Red Crescent Societies

The main treaties of international humanitarian law relevant today are the following:
1949: Four Geneva Conventions. They reaffirm the respect due to the human being in
time ao armed conflict. They stipulate that persons taking no direct part in the hostilities
and those placed hors de combat by sickness, wounds and captivity shall be assisted and
cared for without distinction. More specifically:
the First Convention protects military wounded and sick and medical personnel
the Second Convention protects military wounded and sick and medical personnel or
armed forces at sea, as well as the shipwrecked
the Third Convention protects prisoners of war
the Fourth Convention protects civilians in enemy and occupied territories
1977: Two Additional Protocols to Geneva Conventions:
the First Additional Protocol deals with international armed conflicts
the Second Additional Protocol deals with non-international armed conflicts
1980: Treaty on the prohibition of certain weapons (completed in 1996 with treaties on
landmines and blinding weapons)
1997: Ottawa Treaty on the prohibition of landmines
1998: Statute of the International Criminal Court
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III) Basic Rules of IHL

1) Persons hors de combat and those who do not

take a direct part in hostilities are entitled to
respect for their lives and their moral and
physical integrity
2) It is forbidden to kill or injure an enemy who
surrenders or who is hors de combat.
3) The wounded and sick shall be collected and
cared for by the party to the conflict which has
them in its power.

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Principles and Values. International Federation of Red Cross and Red Crescent Societies

The basic rules of international humanitarian law could be described as follows:

1. Persons hors de combat and those who do not take a direct part in hostilities are
entitled to respect for their lives and their moral and physical integrity. They shall in all
circumstances be protected and treated humanely without any adverse distinction.
2. It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.
3. 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,
transports and equipment. The emblem of the red cross or the red crescent is the sign of
such protection and must be respected.
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III) Basic Rules of IHL

4) Captured combatants and civilians under the

authority of an adverse party are entitled to
respect for their lives,dignity, personal rights
and convictions.
5) Everyone shall be entitled to benefit from
fundamental judicial guarantees
6) Parties to a conflict and members of their armed
forces do not have an unlimited choice of
methods and means of warfare.

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Principles and Values. International Federation of Red Cross and Red Crescent Societies

The basic rules of international humanitarian law could be described as follows:

4. 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.

5. 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.

6. Parties to a conflict and members of their armed forces do 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.
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III) Basic Rules of IHL

7) Parties to a conflict shall at all times distinguish

between the civilian population and combatants
in order to spare civilian population and property

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Principles and Values. International Federation of Red Cross and Red Crescent Societies

The basic rules of international humanitarian law could be described as follows:

7. Parties to a conflict shall at all times distinguish between the civilian population and
combatants in order to spare civilian population and property. Neither the civilian
population as such nor civilian persons shall be the object of attack. Attacks shall be
directed solely against military objectives.
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III) ICRC and IHL

ü ICRC contributes to its development and, to that end,

prepares for the work of Diplomatic Conferences and
prepares drafts which form the basis of the texts adopted by
States
ü the ICRC has been mandated by the international community
to monitor the application of IHL by the parties to conflict
ü ICRC reminds the belligerents of their obligations under the
Conventions
ü ICRC itself strives to spread knowledge of humanitarian law

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Principles and Values. International Federation of Red Cross and Red Crescent Societies

ICRC and international humanitarian law

As the promoter of international humanitarian law, the ICRC contributes to its
development and, to that end, prepares for the work of Diplomatic Conferences
empowered to adopt new texts. At each stage in the codification of humanitarian law, it
prepares drafts which form the basis of the texts adopted by States. This is how the four
Geneva Conventions of 1949 and their two Additional Protocols of 1977 came into
being.As the custodian of international humanitarian law, the ICRC has been mandated
by the international community to monitor its application by the parties to conflict. This it
does through its delegates in the field. They check, for example, whether:
the civilian population is properly respected, that is, protected against hostilities
prisoners of war are treated in accordance with the provisions of the Third Geneva
Convention
the population of occupied territory is receiving adequate supplies.
Where this is not the case, the ICRC reminds the belligerents of their obligations under
the Conventions. In this capacity, the ICRC encourages States to take practical steps in
peacetime to ensure that the rules of humanitarian law will be applied in the event of war,
for instance:
translation of the Conventions;
adoption of provisions for the prosecution of war criminals;
adoption of legislation to protect the emblem.
It also reminds States of their obligation to disseminate international humanitarian law
and supports their efforts in that direction.
Finally, the ICRC itself strives to spread knowledge of humanitarian law, particularly
among the armed forces, and organizes a large number of seminars on the subject.
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