Humanitarian Law

International Humanitarian Law
What is international humanitarian law?
The newsletter contains a brief description of the sources, content and scope of international humanitarian law.

International humanitarian law is a set of rules that seek, for humanitarian reasons to limit the impact of armed conflict. It protects persons who are not or are not participating in hostilities, and limits 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 a set of rules governing relations between states. International law is contained in agreements between States - treaties or conventions - in customary law, which consist of State practice considered by them as legally binding, and general principles.

International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force is governed by an important, but separate, part of international law set forth in the Charter of the United Nations.

International humanitarian law is based on the rules of ancient civilizations and religions warfare has always been subject to certain principles and practices.

Universal codification of international humanitarian law began in the nineteenth century. Since then, States have agreed on a number of practical rules, based on bitter experience of modern war. These rules establish a clear balance between humanitarian concerns and military needs of the state. As the international community has grown, an increasing number of States have contributed to the development of these rules. International humanitarian law forms today a universal body of law.

The historical convergence between international humanitarian law and the laws of war

For most of the 20th century, international humanitarian law, or the "Geneva Act" differs from "Hague Law" or the laws of war proper. Hague Law "defines the rights and obligations of belligerents in the conduct of operations and limits the choice of means, with the injury." In particular, it deals with the definition of combatants, establishes rules concerning the means and methods of warfare, but also addresses the issue of military objectives.