Introduction to International Humanitarian Law

Summary

This lesson introduces International Humanitarian Law (IHL), focusing on its core concepts, such as the distinction between 'jus ad bellum' (the law of going to war) and 'jus in bello' (the law during war). The video outlines the evolving nature of IHL in response to modern warfare, emphasizing principles like necessity, proportionality, and non-discrimination. Topics such as war crimes, the protection of non-combatants, and emerging issues like cyber warfare and drone strikes are highlighted. The series will further explore IHL's history, sources, and its application to different aspects of conflict, setting the stage for a deeper understanding of the subject.

Takeaways

• 😀 IHL (International Humanitarian Law) is a rapidly evolving area of international law focused on the conduct of armed conflicts and warfare.
• 😀 The term 'jus in bello' refers to the rules governing the conduct of war, while 'jus ad bellum' pertains to the legal justifications for going to war.
• 😀 International Humanitarian Law primarily deals with 'jus in bello', covering aspects like the protection of non-combatants and rules for warfare.
• 😀 Different terms like 'jus in bello', 'jus ad bellum', and 'law of armed conflict' may be used interchangeably but have nuanced meanings in legal contexts.
• 😀 The core focus of this course is IHL and not the broader 'international law on the use of force' (jus ad bellum).
• 😀 The course will cover multiple substantive areas of IHL, including distinctions between combatants and non-combatants, targeting rules, and war crimes.
• 😀 Key principles of IHL include proportionality, necessity, non-discrimination, and precaution, especially in decisions about targeting during conflict.
• 😀 Topics like the law of belligerent occupation, prohibited weapons, and distinctions between international and non-international armed conflicts will be explored.
• 😀 Future lessons will delve into the history and sources of IHL, such as treaties and customary law, as well as more complex issues like cyber warfare and non-state armed groups.
• 😀 War crimes are defined as serious violations of IHL, and the course will examine how they are regulated from the IHL perspective.
• 😀 IHL will be examined from multiple angles, including the protection of prisoners of war, the scope of application during aerial attacks and naval warfare, and the growing concerns around cyber warfare.

Q & A

What is International Humanitarian Law (IHL)?

International Humanitarian Law (IHL) is a branch of international law that regulates the conduct of armed conflict and aims to limit its effects. It is concerned with the protection of those who are not participating in hostilities and the restriction of the means and methods of warfare.

Why is IHL considered one of the fastest-growing areas of international law?

IHL is rapidly evolving due to the changing nature of warfare, including new forms of conflict, technological advancements, and legal challenges. This requires constant updates and adaptation to address modern warfare's complexities.

What is the distinction between 'jus ad bellum' and 'jus in bello'?

'Jus ad bellum' refers to the laws governing the justification for engaging in war, while 'jus in bello' governs the conduct of hostilities once a conflict has begun. IHL primarily focuses on 'jus in bello'.

What does the term 'jus ad bellum' cover?

'Jus ad bellum' encompasses the criteria that must be met for the lawful initiation of an armed conflict, such as self-defense, authorization by the UN Security Council, or other just causes for war.

How does 'jus in bello' apply to armed conflict?

'Jus in bello' applies once an armed conflict has begun, focusing on the conduct of warfare, including the protection of civilians, the treatment of prisoners of war, and the prohibition of certain weapons and tactics.

What is the law of armed conflict, and how is it related to IHL?

The law of armed conflict is another term for IHL and refers to the body of law that regulates the conduct of hostilities. It ensures that warfare is conducted in a way that minimizes suffering and protects those who are not involved in the fighting.

How has the term 'International Humanitarian Law' evolved over time?

The term 'International Humanitarian Law' emerged relatively recently, influenced by organizations such as the International Committee of the Red Cross and the Red Crescent. It is a modern umbrella term for what was previously referred to as the law of armed conflict or 'jus in bello'.

What are the key sources of International Humanitarian Law?

The key sources of IHL include international treaties such as the Geneva Conventions, customary international law, and case law from international courts. These sources help define the principles and rules governing the conduct of warfare.

What are some substantive principles covered in IHL?

Some substantive principles in IHL include distinction (between combatants and non-combatants), proportionality (in the use of force), necessity (use of force must be needed), non-discrimination, and precaution (in minimizing harm to civilians).

How does IHL address issues like prohibited weapons and belligerent occupation?

IHL bans the use of certain prohibited weapons, such as chemical and biological weapons, and establishes rules for belligerent occupation, ensuring that the occupying power respects the rights of the occupied population and does not exploit the territory.