International Humanitarian Law (IHL), also known as the Law of Armed Conflict or the Laws of War, is a set of rules and principles designed to protect people who are not or are no longer participating in hostilities during armed conflicts. Here are the main features of IHL:
Humanitarian Purpose:
IHL aims to minimize the suffering caused by armed conflicts and protect the fundamental human rights of individuals affected by such conflicts.
Applicability:
IHL applies in times of armed conflict, whether international or non-international (internal conflicts), and regulates the behavior of both state and non-state actors.
Principle of Distinction:
IHL requires parties to distinguish between combatants and civilians. Deliberate targeting of civilians is prohibited.
Proportionality:
Parties to a conflict must ensure that the anticipated military advantage of an attack is not outweighed by the expected harm to civilians and civilian objects.
Precautionary Measures:
Belligerents must take all feasible precautions to protect civilians and civilian objects and minimize incidental harm during military operations.
Protection of Non-Combatants:
IHL provides special protection to certain categories of individuals, such as the wounded, sick, shipwrecked, and prisoners of war.
Treatment of Detainees:
Rules governing the treatment and conditions of detainees, including prisoners of war, are outlined in IHL.
Prohibition of Torture and Inhumane Treatment:
IHL strictly prohibits torture, cruel, inhuman, or degrading treatment or punishment of persons in the hands of a party to the conflict.
Humanitarian Access:
IHL requires parties to allow the delivery of humanitarian assistance to affected populations, especially during armed conflicts.
Protection of Cultural and Religious Property:
IHL prohibits the deliberate targeting of cultural, religious, and historical sites and objects.
Protection of Medical and Relief Personnel:
Medical personnel, as well as humanitarian relief workers, are to be respected and protected when providing care and assistance during conflicts.
Legal Framework:
IHL is based on a body of international treaties, including the Geneva Conventions and their Additional Protocols, as well as customary international law.
Enforcement Mechanisms:
IHL violations can be prosecuted at both the national and international levels, including through international criminal tribunals.
Responsibility to Ensure Respect:
States and non-state actors involved in conflicts have an obligation to ensure respect for IHL by their forces or groups.
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