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    Ihl 2

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    Zerayohannes

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    Ihl 2

    Uploaded by

    Zerayohannes
    7 views11 pages

    Original Title

    IHL 2

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    7 views11 pages

    Ihl 2

    Uploaded by

    Zerayohannes

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    What is International Humanitarian Law?

    Definition: International Humanitarian Law is a


    sub-branch of public international law that seeks
    to limit the humanitarian consequence of armed
    conflicts.

    It comprises rules of international law which


    establish minimum standard of humanity that must
    be respected in any situation of armed conflict
    Nomenclature/Terminology
    The law of war
    The law of armed conflict
    International humanitarian
    law( the prevailing approach these
    days
    Scope and Nature of International
    Humanitarian Law
    • The applicability of IHL/jus in bello/ is irrespective
    of the arguments of the rules of jus ad bellum
    • It’s is also applicable irrespective of the legality of
    the war. The fact that the war violates international
    law doesn’t matter.
    • The recognition or otherwise as to the existence of
    war by one of the parties to the conflict or by the
    international community is immaterial for the
    applicability of IHL/Common Art 2 to the four GCs/
    Cont’’’’d
    • IHL works based on the principle of equality of
    belligerent parties. This means IHL is equally
    binding on all parties to an armed conflict,
    irrespective of their motivations or of the nature or
    origin of the conflict.
    • IHL does not prevent/stop/ war from being
    happened. What it does rather is regulating the
    conduct of hostilities. It recognizes war.
    • It’s also applicable irrespective of the recognition of
    the state. E.g 1967(Arab-Israel war)
    Purpose of IHL
    • The ultimate purpose of IHL is balancing military
    necessity and of humanity.
    • IHL makes clear that military necessity does not
    give the belligerents carte blanche/unlimited
    discretion/ to wage unrestricted war.
    • Rather consideration humanity imposes certain
    limits on the means and method of warfare, and
    requires that those who fallen into enemy hands be
    treated humanly at all times.
    Sources of IHL
     The sources of public international law provided under Art 38(1)(a) of
    the statue of the International court of Justice(ICJ) are also sources of
    IHL.
    1) Treaties: IHL is one of the most densely codified branch of
    international and that treaties remains the most relevant sources.
    • A treaty law could be bilateral or multilateral
    • All most all treaty laws of IHL are multilateral treaties.
    a. Geneva Convention I
    b. Geneva Convention II
    c. Geneva Convention III
    d. Geneva Convention IV
    Contt’’’d
    a. Additional protocol I to the 4 GCS
    b. Additional Protocol II to the 4GCs
    c. Hague regulation of 1899 and 1907
    d. Convention on Certain conventional
    Weapons (1980)
    e. Convention on Cluster Munitions
    (2008)
    Contt’’’d
    2) Customary IHL:
    • Customary rules of IHL are applicable to both
    international and non international armed conflict
    • But there has to consistent state practice/the
    objective element/and opinio juris/the subjective
    element
    • A state or an armed group could be bound by
    customary IHL even if it is not a party to treaty IHL
    rules.
    • Currently we have more than 161 customary IHL
    rules, according to the ICRC.
    Contt’’’’’d
    3) General principles of Law(No clear definition as
    to what constitute GPL)
    4) Case laws (It could be a decision rendered by a
    national, regional or international tribunal)
    5) Writing of Scholars (not every publication could
    serve as source of IHL)
    6) Other “soft laws” (Interpretations of IHL given by
    international organizations and states)
    The Relationship between IHL and
    other International Laws
    • IHL and International Human Rights
    Law(IHRL)
    • IHL and international Criminal Law
    • IHL and the International of use of
    Force

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