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Introduction

The law of armed conflict, the law of war, and their repercussions are controlled by international humanitarian law. International humanitarian law aims to protect particularly vulnerable people and to lessen the harm that war causes to people and property.

What does humanitarian law mean?

A system of laws known as international humanitarian law helps to minimize the negative impacts of armed conflict. It limits the ways that war can be fought and protects those who are not or are no longer involved in the fighting.

Importance of Humanitarian Law

Humanitarian law is one of the most essential and powerful tools of the international community to protect people’s safety and dignity during the difficult times of the war. It seeks to preserve a measure of humanity amidst conflict, with the core element that even in war there are boundaries.

What are the core principles of humanitarian law?

1. People outside of warfare and those who don't actively participate in conflicts deserve respect.

2. An enemy who surrenders or is outside the battle cannot be killed or injured.

3. The party to the fight that has control over the injured and ill must gather them and provide medical attention.

Two elements of the humanitarian law

Treaties and customary international law are the two main sources of humanitarian law. Treaties are agreements between states, and those states which ratify a treaty are bound by its terms. 

Four humanitarian essentials

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) activities are guided by the four humanitarian principles: humanity, neutrality, impartiality and independence. These principles provide the foundation for humanitarian action. 

Difference between humanitarian law and human rights

The two independent but related bodies of legislation known as international humanitarian law and international human rights law. The preservation of life, health, and dignity is something that both of them care about. Human rights law is always applicable, in both peace and war, whereas humanitarian law only applies in war.

Is humanitarian law still relevant?

Yes, the humanitarian law is still relevant. The difficulty is getting those laws recognized and put into practice by everyone. Humanitarian law has many provisions for dealing with modern combat. The rules of war do not restrict efforts to combat crime and terrorism; rather, they highlight major offences and call for their punishment.

Where did the humanitarian law originate from?

The concepts and practises of ancient civilizations and religions constitute the foundation of international humanitarian law; these norms have always applied to acts of armed conflict. The nineteenth century saw the beginning of the universal codification of international humanitarian law. Since then, based on the traumatic experience of modern combat, States have agreed to a number of practical guidelines. These regulations seek a careful balance between humanitarian considerations and a state's military needs. A growing number of States have contributed to the creation of those rules as the global community has expanded. Today's universal body of law is composed of international humanitarian law.

Where is international humanitarian law to be found?

The four 1949 Geneva Conventions make up a large portion of international humanitarian law. Almost all States in the world have consented to abide by them. The Additional Protocols of 1977, which deal with the protection of armed conflict victims, have been added to and evolved upon the Conventions. 

Restrictions on weapons and tactics 

International humanitarian law prohibits all means and methods of warfare which:

1. Fail to differentiate between those taking part in warfare and those who are not, such as civilians. The purpose is to protect the civilians, the individual civilian and the civilian property. 

2. Cause unnecessary harm or suffering.

3. Cause severe or long-term damage to the environment.

As a result, several weapons—including explosive bullets, chemical and biological weapons, blinding laser weapons, and anti-personnel mines—have been outlawed by humanitarian law.

Objectives of humanitarian law

the need to strike a balance between military need and humanitarian considerations- Along with saving lives, treating each person with respect is another goal of humanitarian law. States' adherence to the guidelines set forth by humanitarian law is a requirement for attaining military objectives. The principles of distinction and proportion help international humanitarian law achieve its goal of striking a balance between the need for military action and humanitarian concerns. 

Principles of humanitarian law

1. Principle of Distinction- Parties to a war should be able to tell the difference between combatants and civilians so they can be sure to only target the former.

2. Principle of necessity and proportionality- It refers to the ability of restraint that should be displayed by participants to an armed conflict in the amount of force used to defeat the opponent. Under no circumstances should significant human suffering result from military operations in order to achieve the objectives set out.

3. Principle of humane treatment- All civilians must always be treated humanely and with respect, according to humanitarian law. It also intends to forbid acts of violence against civilians who are not present or have left the battle.

4. Principle of non-discrimination- Regardless of whether a person is fighting in the war, their fundamental rights must still be protected.

5. Preferential treatment to women and children- giving women and children special consideration in order to respect them and shield them from the repercussions of war. Children under the age of 18 are not allowed to participate in wars according to the law.

Types of conflict under humanitarian law

1. International armed conflict- The term "international armed conflict" refers to "all cases of declared war or of any armed conflict that may arise between two or more high contracting parties, even if the state of war is not recognized." The convention also applies to all cases of partial or total occupation of the territory of a high contracting party, even if there is no armed resistance to the occupation.

2. Internationalized armed conflict- A relatively recent category under humanitarian law is internationalized armed conflict. This is a scenario in which a war breaks out between two different parties that are involved in internal conflict but are backed by two different states.

3. Non-international armed conflict- "Armed conflicts that are non-international in nature occurring in one of the High contractual parties" are referred to as non-international armed conflicts.   One of the parties in this form of conflict must not have any connections to the government. Riots and occasional acts of violence are prohibited in this sort of conflict, according to Common Article 3. There is no clear definition of what differentiates an armed conflict from a disturbance. The political determination to distinguish between armed conflict and peaceful disturbances has been relied upon because the terminology does not find its place in actual terms.

References

1. https://en.wikipedia.org/wiki/International_humanitarian_law

2. https://www.icrc.org/en/document/what-international-humanitarian-law

3. https://assignmentpoint.com/what-is-humanitarian-law/

4. https://ijrcenter.org/international-humanitarian-law/

5. https://indianlawportal.co.in/fundamentals-of-international-humanitarian-laws/

Also Read - https://www.lawyered.in/legal-disrupt/articles/summary-russia-ukraine-issue/