I nternational Humanitarian Law Legal FoundationsLegal Foundations Historical DevelopmentsHistorical Developments Current IssuesCurrent Issues

What Is IHL? Customary LawCustomary Law Opinio juris: belief + state practiceOpinio juris: belief + state practice Treaty LawTreaty Law Geneva LawGeneva Law Hague LawHague Law Domestic EnactmentsDomestic Enactments Rules of EngagementRules of Engagement

Why Create IHL? 1. Restraint1. Restraint 2. Protect Innocents2. Protect Innocents 3. Professionalize Militaries3. Professionalize Militaries 4. Shift decisionmaking authority4. Shift decisionmaking authority 5. Lock in Strategic Advantages5. Lock in Strategic Advantages 6. Legitimization6. Legitimization

IHL Principles 1. Military necessity1. Military necessity The right to use measures not otherwise forbidden that are indispensible for securing complete and quick submission of the enemy

IHL Principles 2. Humanity2. Humanity Treatments of others based on loyalty, honor, justice, and courageTreatments of others based on loyalty, honor, justice, and courage No unnecessary sufferingNo unnecessary suffering

IHL Principles 3. Distinction/ Discrimination3. Distinction/ Discrimination When directing attacks, combatants must distinguish between combatants/ military objects and civilian persons/ civilian objectsWhen directing attacks, combatants must distinguish between combatants/ military objects and civilian persons/ civilian objects

IHL Principles 4. Proportionality4. Proportionality No attacks which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which may be excessive in relation to the concrete and direct military advantage anticipatedNo attacks which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which may be excessive in relation to the concrete and direct military advantage anticipated

Modern History of IHL Driven by witnesses, war correspondents, and photographersDriven by witnesses, war correspondents, and photographers

Geneva Conventions Dunant sparks private relief committeesDunant sparks private relief committees Becomes the ICRCBecomes the ICRC 1906 Geneva Convention1906 Geneva Convention Focus on sick & wounded and POWsFocus on sick & wounded and POWs 1929 Geneva Convention1929 Geneva Convention 1949 Geneva Convention1949 Geneva Convention Expand to civiliansExpand to civilians Common article 3Common article 3

Geneva Conventions Additional Protocols of 1977Additional Protocols of 1977 Expand civilian protectionsExpand civilian protections Create environmental protectionsCreate environmental protections US not ratifyUS not ratify Distinctive emblems 2005Distinctive emblems 2005

HaGue Law Post Crimean war: Russian leadershipPost Crimean war: Russian leadership Focus on combatants 1868 St Petersburg Declaration1868 St Petersburg Declaration 1874 Brussels Convention1874 Brussels Convention 1898 Hague Convention1898 Hague Convention 1899 & 1907 Hague Conventions1899 & 1907 Hague Conventions Ban asphyxiating gas, dum dum bullets, lead balloonsBan asphyxiating gas, dum dum bullets, lead balloons Laws & customs of war on land: combatants and POWsLaws & customs of war on land: combatants and POWs

Hague Law Martens Clause Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience.

Current Issues What issues are being debated?What issues are being debated? which rules: characterizing conflict & participants detention: length of stay & treatment transparency of legal interpretations emergence of new weapon systems

Current Issues Potentially Emerging IHLPotentially Emerging IHL