The law of war: Humanitarian law THE STORY BEHIND THE STORY

The law of war: Humanitarian law What is it?

The law of war: Humanitarian law What is it? When and why is it relevant?

The law of war: Humanitarian law What is it? When and why is it relevant? What does it say?

The law of war: Humanitarian law Different laws for armed violence

Internal violenceArmed conflict

The law of war: Humanitarian law Different laws for armed violence Human rights National law Internal violenceArmed conflict

The law of war: Humanitarian law Different laws for armed violence Human rights National law Human rights Humanitarian law Internal violenceArmed conflict Non-international

The law of war: Humanitarian law Different laws for armed violence Human rights National law Human rights Humanitarian law Internal violenceArmed conflict Non-international International

The law of war: Humanitarian law Occupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting

The law of war: Humanitarian law Occupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting  Humanitarian law  Human rights law  The laws of the occupied territory

The law of war: Humanitarian law Occupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting  Humanitarian law  Human rights law  The laws of the occupied territory Security patrol by US forces in Baghdad, Iraq in 2003

The law of war: Humanitarian law What is humanitarian law?

Protects people who are not / no longer fighting Regulates weapons and methods of warfare

The law of war: Humanitarian law What is humanitarian law? Protects people who are not / no longer fighting Landmine victim at an ICRC orthopaedic centre in Afghanistan, Wounded soldier waits for medical help in western Bosnia, Kljuc, 1995 Regulates weapons and methods of warfare

The law of war: Humanitarian law What is humanitarian law? Which humanitarian rule could apply? Landmine victim at an ICRC orthopaedic centre in Afghanistan, Protects people who are not / no longer fighting Regulates weapons and methods of warfare

The law of war: Humanitarian law What is humanitarian law? Which humanitarian rule could apply? Wounded and sick must be searched for, collected and cared for. Landmine victim at an ICRC orthopaedic centre in Afghanistan, Protects people who are not / no longer fighting Regulates weapons and methods of warfare

The law of war: Humanitarian law What is humanitarian law? Which humanitarian rule could apply? Wounded and sick must be searched for, collected and cared for. Which humanitarian rule could apply? Regulates weapons and methods of warfare Protects people who are not / no longer fighting

The law of war: Humanitarian law What is humanitarian law? Which humanitarian rule could apply? Wounded and sick must be searched for, collected and cared for. Which humanitarian rule could apply? Using weapons without distinguishing between civilians and military targets is prohibited. Protects people who are not / no longer fighting Regulates weapons and methods of warfare

The law of war: Humanitarian law What is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Military necessity Humanitarian considerations

The law of war: Humanitarian law What is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Binds all parties in a conflict Military necessity Humanitarian considerations

The law of war: Humanitarian law What is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Binds all parties in a conflict Applies in armed conflicts Military necessity Humanitarian considerations

The law of war: Humanitarian law What is humanitarian law? Binds all parties in a conflict Protects people who are not / no longer fighting Regulates weapons and methods of warfare Applies in armed conflicts Cannot be suspended or limited Military necessity Humanitarian considerations

The law of war: Humanitarian law What humanitarian law is not

Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter.

The law of war: Humanitarian law What humanitarian law is not Humanitarian law is concerned with the EFFECTS of war, not its legality. It applies irrespective of who started the war or who is the attacker. Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter.

The law of war: Humanitarian law When and why is the difference relevant?

Sri Lanka, Greece, 2010

The law of war: Humanitarian law How can force be used?

in internal violence in armed conflict

The law of war: Humanitarian law How can force be used? in internal violence in armed conflict  As exceptional measure  Only if all other means failed  In case of imminent threat of death or serious injury  By sparing civilians and civilian objects

The law of war: Humanitarian law How can force be used? in internal violence in armed conflict  As exceptional measure  Only if all other means failed  In case of imminent threat of death or serious injury  By sparing civilians and civilian objects If violated:  Criminal responsibility If violated:  Criminal responsibility  War crimes

The law of war: Humanitarian law Who is protected by humanitarian law?  can be prosecuted and temporarily lose their protection from being directly targeted If they become involved in fighting  In international armed conflicts they are referred to as "civilians". People who ARE NOT involved in fighting

The law of war: Humanitarian law Who is protected by humanitarian law?  military/paramilitary forces  organized armed groups of a party to the conflict  They are protected from being attacked when they are hors de combat: wounded, sick, shipwrecked, detained or surrendering  They are protected against specific weapons and methods even while fighting.  In international armed conflicts members of military/paramilitary forces are called "combatants" and cannot be prosecuted for lawfully fighting. People who ARE involved in fighting

The law of war: Humanitarian law What is protected by humanitarian law? Civilian objects

The law of war: Humanitarian law How does law protect in war? - PRINCIPLES Distinction

The law of war: Humanitarian law How does law protect in war? - PRINCIPLES Distinction Precautionary Measures

The law of war: Humanitarian law How does law protect in war? - PRINCIPLES Distinction Limitation Precautionary measures Proportionality

The law of war: Humanitarian law How does law protect in war? - PRINCIPLES Distinction  Parties to an armed conflict must distinguish between civilians and combatants and between civilian objects and military targets

The law of war: Humanitarian law How does law protect in war? - PRINCIPLES  Weapons or methods causing superfluous injury or unnecessary suffering are prohibited Limitation

The law of war: Humanitarian law How does law protect in war? - PRINCIPLES  Before and during an attack, every possible precaution must be taken to minimize potential harm to civilians and civilian objects. Precautionary Measures

The law of war: Humanitarian law How does law protect in war? - PRINCIPLES  The expected deaths and injuries to civilians or damage to civilian objects must not exceed the anticipated military advantage. Proportionality

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The law of war: Humanitarian law How does humanitarian law protect in war?  murder and torture  use cruel or degrading treatment or punishment  kill or wound a surrendering enemy  commit sexual violence  cause disappearances  take hostages  force displacement  use or recruit children under the age of 15  deprive people of objects necessary to survival  treat humanely detainees  respect and protect health and humanitarian workers and those lawfully using the distinctive emblems

The law of war: Humanitarian law Example: Protection of detainees must be treated humanely = given adequate food, water, clothing, shelter and medical care and allowed to correspond with their families Prisoners of War = detained combatants in international war must be treated humanely must be released after the end of hostilities must be protected from public curiosity

The law of war: Humanitarian law How does law protect in war? – BASIC RULES

How does humanitarian law protect people? What are the rules for the conduct of hostilities? Which humanitarian rule could apply to the situation?

The law of war: Humanitarian law Sources

Human right law Customary humanitarian law Treaties 4 GCs CA3 + AP II other treaties Treaties 4 GCs + APs other treaties Non-international International National law