Additionally, an attack may not be launched if it is anticipated to cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that would be excessive in relation to the direct military advantage anticipated. Parties to an armed conflict are required to distinguish, at all times, between civilians and combatants and between civilian objects and military objects.

The balancing of humanity and military necessity is seen in the foundational IHL norms of distinction and proportionality. Military necessity is the justification of measures necessary to achieve a military goal, provided these measures comply with international humanitarian law. Humanity, as a cornerstone of IHL, represents the imperative during conflict to alleviate suffering and save lives, and to treat humanely and respectfully each individual. Once there is an armed conflict IHL applies to all the parties, whether or not a party was legally justified in using force under jus ad bellum principles.Īt its core IHL represents a balance between military necessity and humanitarian considerations in the context of conflict. It regulates the conditions under which force may be used, namely in self-defense and pursuant to UN Security Council authorization. This framework is known as the jus ad bellum, and is enshrined in the UN Charter. It is distinct from, and applies irrespective of, the body of law that regulates the recourse to armed force. IHL regulates activity during armed conflict and situations of occupation.

IHL is notable in this regard, as it recognizes obligations for both States and non-State armed groups that are parties to an armed conflict. It has evolved, however, to cover a broad range of actors. The framework traditionally regulated relationships only between States. Public international law is a broad set of treaties, customary law, principles and norms. IHL is a part of public international law. The right of parties to an armed conflict to choose methods and means of warfare is not unlimited.

Persons who are not, or are no longer, participating in hostilities must be protected and.

As a set of rules and principles it aims, for humanitarian reasons, to limit the effects of armed conflict.įundamental to IHL are the following two principles:

International humanitarian law (IHL), also known as the laws of war or the law of armed conflict, is the legal framework applicable to situations of armed conflict and occupation.

KEY INTERNATIONAL HUMANITARIAN LAW INSTRUMENTS.

What is international armed conflict