International Humanitarian Law (IHL) is a set of rules that aim to preserve human dignity in armed conflict by protecting the most vulnerable persons and by limiting the way in which violence & aggression is conducted.
IHL Strikes a balance between the principle of humanity and military necessity.
Key aspects include the principles of:
• Humanity
• Distinction
• Precaution
• Proportionality
International Humanitarian Law is a complex topic that evolves alongside the nature of armed conflict. These current descriptions of the International Humanitarian Law do not cover all details and complexities of the topic; they merely explain the basic and absolutely necessary regulations that all service members & combatants must abide by.
Humanity
Civilians and wounded, sick, captured or surrendering combatants must be treated humanely.
There are limits on the means and methods of armed conflict to avoid unnecessary suffering.
A Humanitarian Act is an act carried out to protect someone whose life or human dignity is in danger, especially someone whom one would not be ordinarily inclined to help or protect. Such acts are likely to involve personal or material risk.
Distinction
Military operations must ONLY be carried out against combatants and military targets.
Those who are fighting must distinguish themselves from those who are not.
Weapons that cannot distinguish between civilians and military targets are forbidden, unless directly authorized under in-extremis circumstances strictly against military targets.
Due to the nature of armed conflict, large quantities of explosive remnants of war are still scattered across historical conflict zones to this day.
Precaution & Proportionality
All feasible measures must be taken to avoid collateral damage.
This includes determining:
• When to strike a target
• Where to strike a target
• What weapon systems to use against a target
Precaution applies not only during planning stages, but all the way up to the moment of an attack and even after it has commenced. Before any strike is made, the forces attempting to conduct the strike must warrant necessary approval for any form of violence, aggression or engagement against any and all targets by a legal military authority.
If collateral damage cannot be fully avoided, the expected number of deaths or injuries to civilians/non-combatants or to damage to protected objects must not be excessive compared to the anticipated military advantage. The advantage must be concrete and should not be broad or unexpanded, such as "winning the war", is an inadequate advantage.
Regardless of the circumstances, all targets must be military oriented and legitimate.
Prohibitions
By law, it is forbidden to:
• Attack civilians, friendly forces, unarmed combatants and protected objects (houses, schools, places of worship, cultural or historic monuments, etc).
• Commit murder or torture against the innocent populace, friendly forces and unarmed combatants.
• Forcibly displace and starve the innocent populace, unarmed combatants and friendly forces.
• Attack medical facilities, medical vehicles and health-care workers.
• Use human shields.
• Destroy stocks of food, farming areas, water supply or medical supply.
• Recruit or use any persons in criminal acts against the innocent populace and unarmed combatants.
• Recruit or use children under the age of 15 in armed conflict.
• Misuse the Red Crystal, Red Cross and Red Crescent.
• Interfere with the delivery and tasking of humanitarian aid.
• Damage the environment.
• Use weapons that cause unnecessary suffering (such as poison, blinding laser weapons or nuclear weapons).
• Use weapons that cannot distinguish between civilians and military targets (such as a anti-personnel mines).
• Take hostages.
• Pretend or act in a matter to that of a civilian while attempting to kill, injure, or capture a member of the innocent populace or armed adversaries of the state. This excludes acts against terrorism and immoral violence of armed parties.
• Order or threaten that there shall be no survivors or act in a similar manner that directly affects and threatens the lives of the innocent populace, unarmed combatants or friendly forces.
If civilians take part in fighting and armed conflict, they lose their status as a non-combatant and are no longer considered a civilian (when in doubt, they should be considered a civilian). If a protected object is used in support of armed conflict and military action, it then becomes a legitimate military target and loses it's protection (when in doubt, it should be considered protected).
Protect the most vulnerable: Civilians, wounded and sick, detainees, and health-care workers.
Obligations
Captured/Detained civilians and enemy combatants...
• Must be given adequate food, water, clothing, shelter and medical care.
• Must be allowed to have contact with their families.
Children and women must be detained separately from men, to the extent feasible.
Enemy combatants who are wounded, sick, shipwrecked, or surrendering...
• Must be searched for, collected and cared for.
• Must not receive preferential treatment, except on medical grounds.
A surrendering enemy must not be wounded or killed
The specific protection, health and assistance needs of the innocent populace affected by armed conflict must be respected.
Everyone is entitled to a fair trial.
Respect human dignity.
Those who are fighting must distinguish themselves from those who are not.
Attacks must be limited to military objectives.
During an attack, every precaution must be taken to minimize potential harm to the innocent populace, unarmed combatants, friendly forces, and protected objects.
It is the responsibility of each and every service member and recognized armed forces of a state to minimize collateral damage, regardless of circumstance.
Definitions
• Combatant Members of armed forces, members of any armed group under the orders of a party to a conflict, or any person who arms themselves in means to aggressively engage in direct conflict with another combatant or innocent populace.
• Hors de combat "Out of fight" - combatants who have been captured, wounded, sick or are shipwrecked and are no longer in a capacity to directly engage.
• Civilian Any person who is not a combatant or actively engaging in direct conflict, thus are treated as members of the innocent populace. Armed civilians are a separate entity other than combatants, an armed civilian is any member of the innocent populace that owns or utilizes a weapon to defend themselves from aggression and violence and should be treated as such.
• Armed Conflict Fighting between nations (international), or between a country's armed forces and armed groups (non-international) or between such groups.
• Military Objective An objective that by, nature, location, purposes or use is defined as an effective contribution to armed action and whose destruction offers a definite advantage.
• Non-reciprocity Breaches of the International Humanitarian Law by one party to a conflict in which does not justify breaches by other parties.
• Equality International Humanitarian Law applies to all parties, regardless of armed conflict or status, equally.
Treaties & Protocols
The legal framework for International Humanitarian Law is defined as a set of treaties and protocols, more of which are being drafted to this day, to include drafts by the International Security Treaty Organization. While some have been ratified universally, others are still not observed by major states.
Relevant examples include...
• Geneva Conventions - The best known and most widely adopted treaties, focuses on humanitarian treatment in war.
• Ottawa Treaty - Seeks to ban the use of anti-personnel mines.
• Convention on Cluster Munitions - Prohibits the use of submunition-based weapons.
• Convention on Certain Conventional Weapons - Restricts the use of conventional weapons which are indiscriminate or cause excessive injuries.
International Humanitarian Law is also referred to as "Jus In Bello" - The law in which regulates the conduct of armed conflict. Serious violations are commonly referred to as "war crimes". States must establish laws to protect the innocent populace and punish who commit grave breaches of the International Humanitarian Law. Leaders should instruct International Humanitarian Law and report any violations. The rules seem straightforward, but the application of International Humanitarian Law to real-life situations of conflict often creates dilemmas.
Code of Conduct for Combatants
Basic Combat Rules
Always keep these basic rules in mind, regardless of circumstance.
• Fight only combatants.
• Attack only military targets.
• Spare non-combatant persons and protected objects.
• Limit destruction to what the mission requires.
• Respect the laws of war.
Protective Symbols
Symbols such as the Red Crystal, Red Cross and Red Crescent should be respected.
They protect:
• Health-care staff
• Medical relief transports
• Medical facilities and aid posts.
Respect all protective signs and objects.
Hors De Combat
When combatants are hors de combat ("out of fight": e.g. wounded, captured, sick or shipwrecked), they should not be targeted.
• Collect them.
• Care for them.
• Hand them over to a superior or nearest aid personnel.
• Respect aid personnel, facilities and any civilians helping.
Do not target those who are hors de combat.
Prisoners of War
Captured and surrendered enemy combatants must be treated humanely.
• Spare them.
• Disarm them.
• Respect them.
• Hand them over to a superior.
• Treat them humanely.
Innocent Populace
Non-combatants such as those as part of an innocent populace should never be targeted.
• Respect them.
• Treat them humanely.
• Protect them.
• Respect their property.
Regardless of the circumstance, all civilians must be protected and treated with respect.
Rules of Conflict for United States Armed Forces Service members
• U.S. Forces will comply with the Laws of Armed Conflict at all times. Only combatants and other military objectives may be attacked.
• Hostile intent is the threat of imminent use of force against the United States, U.S. Forces, friendly forces and the innocent populace.
• Use all means available and take all appropriate action to defend yourself, your unit, U.S. forces and the innocent populace against any hostile act or demonstrated hostile intent.
• Use of deadly force is authorized. U.S. Forces may pursue and engage enemy combatants that have or are committing a hostile act, or are perceived as an imminent threat.
• If U.S. Forces, allied forces and/or the innocent populace are under attack, use of appropriate and necessary force to deter or defeat that threat is authorized.
• U.S. Forces must warrant necessary approval for any form of violence, aggression or kinetic strike against all forms of targets.
For more information on the International Humanitarian Law, please utilized the links below: