International Humanitarian Law

Описание: What is international humanitarian law?

International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as
the law of war or the law of armed conflict. International humanitarian law is
part of international law, which is the body of rules governing relations
between States. International law is contained in agreements between
States – treaties or conventions –, in customary rules, which consist of
State practice is considered by them as legally binding, and in general principles. International humanitarian law applies to armed conflicts. It does
not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.

Where did international humanitarian law originate?

International humanitarian law is rooted in the rules of ancient civilizations and religions – warfare has always been subject to certain principles and customs. Universal codification of international humanitarian law began in the nineteenth century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. These rules strike a careful balance between humanitarian concerns and the military requirements of States. As the international community has grown, an increasing number of States have contributed to the development of those rules. International humanitarian law forms today a universal body of law.

Where is international humanitarian law to be found?

A major part of international humanitarian law is contained in the four Geneva Conventions of 1949. Nearly every State in the world has agreed to be bound by them. The Conventions have been developed and supplemented by two further agreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflicts. Other agreements prohibit the use of certain weapons and military tactics and protect certain
categories of people and goods. These agreements include:

The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, plus its two protocols;
The 1972 Biological Weapons Convention;
The 1980 Conventional Weapons Convention and its five protocols;
The 1993 Chemical Weapons Convention;
The 1997 Ottawa Convention on anti-personnel mines;
The 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Many provisions of international humanitarian law are now accepted as customary law – that is, as general rules by which all States are bound.