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HUMANITARIAN LAW
An Overview
International
Organisations
Armed groups
Individuals
INTERNATIONAL HUMANITARIAN
LAW
Armed
conflict
• 1868 – Declaration of
St-Petersburg
• 1899/1907 – The
Hague Conventions
The origins of modern
international humanitarian law
• 1868 –Additions to
the Geneva
Convention of 1864
• 1906 – Convention
of 1906 (revision of 1864
Convention)
• 1929 – Convention
of 1929 (revision of 1906
Convention)
• 1929 – Convention
relative to the
Treatment of
Prisoners of War
4 Wounded and Sick (Land)
4 Prisoners of War
4 Additional Distinctive
Emblem
CAN YOU NAME OTHER
TREATIES RELATED TO IHL?
1899/1907 – The Hague Conventions (laws & customs of war)
• 1925 – Protocol for the Prohibition of the Use of Asphyxiating Gases
1949 – Four Geneva Conventions
• 1954 – Hague Convention on the Protection of Cultural Property
• 1972 – Biological Weapons Convention
1977 – Two Additional Protocols to the GC
• 1980 – Conventional Weapons Convention (and Protocols)
• 1993 – Chemical Weapons Convention
• 1997 – Convention on the Ban of Anti-personnel Landmines
1998 – Statute of the International Criminal Court
• 1999 –Protocol II to the Hague Convention of 1954
• 2000 – Opt. Prot. on the Involvement of Children in Armed Conflict
• 2005 – Additional Protocol III on an Additional Distinctive Emblem
• 2008 – Convention on Cluster Munitions
• 2013 - Arms Trade Treaty?
Customary International
Humanitarian Law
25
 Direct attacks
§ on the civilian population
§ on individual civilians
§ on civilian objects
 Indiscriminate attacks:
§ are not directed at a specific military
objective;
§ those which employ a method or means of
combat which cannot be directed at a specific
military objective; or
§ those which employ a method or means of
combat the effects of which cannot be limited
as required by [IHL].
 Indiscriminate attacks (disproportionate):
§ attacks in the knowledge that they will cause
incidental loss of life or injury to civilians or
damage to civilian objects … which would be
excessive in relation to the concrete and
direct military advantage anticipated.
Who is a civilian?
Limitations on means and methods of
warfare
The right of the parties to
the conflict to choose the
means and methods of
warfare is not unlimited.
Additional Protocol I art 35(1)
It is prohibited to employ
weapons, projectiles and
materials and methods of
warfare of a nature to
cause superfluous injury or
unnecessary suffering.
Additional Protocol I art 35(2)
It is prohibited to employ
methods or means of warfare
which are intended, or may be
expected, to cause
widespread, long-term and
severe damage to the natural
environment.