What are the principles of international humanitarian law? | IHL | ICRC

Summary

International Humanitarian Law (IHL) sets the rules for how armed conflicts should be conducted to protect civilians. The core principles of IHL include distinction (differentiating between military and civilian targets), proportionality (ensuring that civilian harm does not outweigh military gain), and precautions (taking steps to minimize civilian damage). These principles guide military operations, aiming to limit the suffering caused by war. Although IHL doesn't prevent wars, it offers critical tools to reduce destruction and protect non-combatants during conflict.

Takeaways

• 😀 International humanitarian law (IHL) sets rules for how wars are conducted to protect civilians from the effects of hostilities.
• 😀 IHL applies regardless of the reasons for war and is based on a balance between military necessity and humanity.
• 😀 The three main principles of IHL are distinction, proportionality, and precautions.
• 😀 The principle of distinction requires parties to conflicts to always distinguish between civilians and combatants, and civilian objects and military objectives.
• 😀 Direct attacks on civilians, civilian objects, and indiscriminate attacks are prohibited under IHL.
• 😀 The principle of proportionality prohibits attacks if civilian losses would be excessive in relation to the military advantage anticipated.
• 😀 Proportionality ensures that the potential civilian losses do not outweigh the expected military advantage in an attack.
• 😀 The principle of precautions calls for constant care to spare civilians, including verifying military objectives and suspending attacks if targets are not military.
• 😀 Precautions also involve giving effective advance warning of attacks that may affect civilians unless it is not possible due to the circumstances.
• 😀 Distinction, proportionality, and precautions are complementary principles that must all be respected for an attack to be lawful under IHL.
• 😀 While IHL does not prevent wars, it works to limit the suffering and destruction caused by outlining rules for hostilities.

Q & A

What is the primary purpose of International Humanitarian Law (IHL)?

The primary purpose of IHL is to set rules for the conduct of armed conflicts to protect civilians and limit the effects of hostilities, balancing military necessity with humanitarian concerns.

What are the three main principles of IHL?

The three main principles of IHL are distinction, proportionality, and precautions.

What does the principle of distinction require in armed conflict?

The principle of distinction requires parties to a conflict to distinguish at all times between civilians and combatants, and between civilian objects and military objectives, ensuring that only military targets are attacked.

Are civilians ever allowed to be directly attacked under IHL?

No, civilians, individual civilians, and civilian objects must never be directly attacked. Any attack against them is prohibited.

What is meant by indiscriminate attacks in IHL?

Indiscriminate attacks are those that strike military objectives and civilians or civilian objects without distinction, meaning the attack cannot differentiate between them.

What does the principle of proportionality entail?

The principle of proportionality prohibits attacks if the expected incidental loss of civilian life, injury, or damage to civilian objects is excessive in relation to the anticipated military advantage.

How is military advantage evaluated under the principle of proportionality?

Military advantage is evaluated by determining if the expected benefits of attacking a military objective outweigh the potential harm to civilians. If the harm is excessive compared to the advantage, the attack is prohibited.

What are active precautions in IHL?

Active precautions involve taking measures to verify that targets are indeed military objectives, canceling or suspending attacks if they are not, and providing effective warnings to civilians when possible.

What are passive precautions in IHL?

Passive precautions require taking all feasible steps to protect civilians and civilian objects from the effects of attacks, such as sheltering or securing areas under one's control.

How do the principles of distinction, proportionality, and precautions work together?

These principles are complementary, and all three must be respected for an attack to be lawful. They ensure that military operations minimize harm to civilians and limit unnecessary suffering.