International Humanitarian Law Basic Rules Of IHL

The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also define both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories.

1 Basic rules of IHL

2 Examples

Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a Red Cross. It is also prohibited to fire at a person or vehicle bearing a white flag, since that indicates an intent to surrender or a desire to communicate. In either case, the persons protected by the Red Cross or white flag are expected to maintain neutrality, and may not engage in warlike acts; in fact, engaging in war activities under a white flag or red cross is itself a violation of the laws of war.

Other examples of the laws of war address declaration of war, (the UN charter (1945) Art 2, and some other Arts in the charter, curtails the right of member states to declare war; as does the older and toothless Kellogg-Briand Pact of 1928 for those nations who ratified it but used against Germany in the Nuremberg War Trials) , acceptance of surrender and the treatment of prisoners of war; the avoidance of atrocities; the prohibition on deliberately attacking civilians; and the prohibition of certain inhumane weapons. It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of a distinctive uniformThis page describes uniform in the sense of clothing. For other meanings, see uniform (disambiguation . A uniform is a set of standard clothing worn by members of an organisation whilst participating in that organisation's activity. People performing reli or other easily identifiable badge and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform and fighting in that uniform, is forbidden, as is the taking of hostageA hostage is an entity which is held by a captor in order to compel another party to act or refrain from acting in a particular way. Frequently the entity held is a person. Hostage taking is often politically motivated or motivated by a desire for ransom.s.

3 Violations and punishment

During conflict, punishmentIn society, punishment is the practice of imposing something unpleasant on a wrongdoer. Most often, criminals are punished by fines or prison. Children are also punished by their parents, guardians, or teachers. Michel Foucault describes in detail the evo for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisalIn warfare, a reprisal is a limited and deliberate violation of the laws of war to punish an enemy for breaking the laws of war. A legally executed reprisal is not an atrocity. To be legally justified, a reprisal can only be directed against the party car.

SoldierCorporal, armed with an MP-5) A soldier is a person who has enlisted with, or was conscripted into, the armed forces of a sovereign country and has undergone training and received equipment to defend that country or its interests. Soldiers are a part of ss who break specific provisions of the laws of war lose the protections and status afforded as prisoners of war but only after facing a "competent tribunal" ( GC IIIThe Third Geneva Convention (GCIII) regarded the treatment of prisoners of war. It was adopted in 1929 as an extension to the rights guaranteed by the Hague Convention of 1907. It was revised in 1949, with the modified form adopted on August 12, 1949 by t Art 5). At that point they become an unlawful combatant but they must still be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", because they are still covered by GC IV Art 5. For example, in World War II during the Battle of the Bulge, German SS troops put on American uniforms and impersonated American troops in order to surprise and kill American soldiers behind their own lines. Some of these Germans were captured and immediately executed even though they had surrendered. Spies and " terrorists" are only protected by the laws of war if the power which holds them is in a state of armed conflict or war and until they are found to be an unlawful combatant. Depending on the circumstances, they may be subject to civilian law or military tribunal for their acts and in practice have been subjected to torture and/or execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason. Militants or "terrorists" in a civil war or domestic insurgency are usually not considered lawful combatants by the government and are often treated as criminals or traitors.

After a conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law.

4 Jus in bello

The agreements regarding acceptable practices while engaged in war are referred to as the jus in bello. Thus the Geneva Conventions are a set of jus in bello. Any international agreements about the justifiable reasons for a country to declare war against another can be referred to as jus ad bellum.

5 Non-uniformed guerrillas and Protocol 1

Under the Third Geneva Convention a fighter or belligerent in an international armed conflict who wanted lawful combatant status (and therefore prisoner of war status if captured), including:

"(a) That of being commanded by a person responsible for his subordinates; (b) That of having a fixed distinctive sign recognizable at a distance; (c) That of carrying arms openly; (d) That of conducting their operations in accordance with the laws and customs of war." (From Article 4)

Prisoners of war are accorded "combatant's priveledge". They may be tried for war crimes but not acts of violence in accordance with the laws and customs of war such as killing or capturing soldiers or damaging military property.

The 1979 First Protocol Aditional to the Geneva Conventions (Protocol 1)--not ratified by all countries--expands the definition of an "international armed conflict" to include "armed conflicts in which peoples are fighting against colonial domination and alien [foreign] occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations." (From article 1[4])

Some commentators, such as Noam Chomsky, have speculated that the refrence to armed conflicts against "racist regimes" may have been a deliberate reference to the armed resistance to the apartheid regime in South Africa at the time, and the reference to armed conflicts against "alien occupations" may have been a deliberate reference to armed resistance to various Israeli occupations of the time.

The Protocol may, unlike the 1949 Conventions that require combatants to where uniforms, also give lawful combatant status to non-uniformed guerrillas in international armed conflicts as long as they bear their arms openly during military opperations.

Article 44(3) states:

"In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly."

Article 44(7) then states:

"This Article is not intended to change the generally accepted practice of States with respect to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to the conflict."

6 See also

7 External links

War *

<Hide>

Home > International Humanitarian Law