International Humanitarian Law (IHL), also known as the laws of war or laws of armed conflict, is a body of international rules established by treaties and custom that regulates the conduct of armed conflicts. It limits the methods and means of warfare to prevent unnecessary suffering and protects individuals who are not or are no longer participating in hostilities, such as civilians, prisoners of war, and the wounded.
Definition and Scope International Humanitarian Law (IHL)
comprises international rules specifically intended to solve humanitarian problems arising from international or non-international armed conflicts. While Jus ad Bellum refers to the legality or justification of engaging in war itself, IHL primarily concerns Jus in Bello—the legality of how the war is actually carried out on the ground. It applies only once a conflict has begun and applies equally to all parties, regardless of who initiated the hostilities or their motives.
IHL is distinct from International Human Rights Law (IHRL). While both aim to protect individuals, IHRL generally applies during peacetime and some of its provisions can be suspended during emergencies, whereas IHL is specifically designed to apply during armed conflicts.
Categories of Armed Conflicts
IHL provides two main systems of protection depending on the nature of the conflict:
- International Armed Conflicts (IAC): These occur when armed force is used between two or more States, including cases of belligerent occupation even if it meets no armed resistance. These are primarily governed by the four Geneva Conventions of 1949 and Additional Protocol I.
- Non-International Armed Conflicts (NIAC): These are internal conflicts restricted to the territory of a single State, involving regular armed forces fighting organized armed dissidents, or armed groups fighting each other. They are governed by Common Article 3 to the Geneva Conventions and Additional Protocol II. This does not include mere internal disturbances like riots or isolated, sporadic acts of violence.
- Wars of National Liberation: Armed conflicts in which people are fighting against colonial domination, alien occupation, and racist regimes in the exercise of their right to self-determination. Under modern IHL, these are treated as international armed conflicts.
Core Principles of IHL
The conduct of hostilities under IHL is governed by several foundational principles:
- Principle of Distinction: Parties must at all times distinguish between the civilian population and combatants, and between civilian objects and military objectives. Attacks must be directed solely against military objectives.
- Principle of Proportionality: Prohibits attacks against military objectives if they are expected to cause incidental loss of civilian life, injury, or damage that would be excessive in relation to the concrete and direct military advantage anticipated.
- Principle of Military Necessity: Allows for the use of proportionate force required to compel the complete or partial submission of the enemy with the least possible loss of lives, time, and money, provided such measures are not otherwise prohibited by IHL.
- Principle of Humanity: Forbids the infliction of suffering, injury, or destruction that is not absolutely necessary to achieve the legitimate purpose of the conflict.
- Principle of Precaution: Constant care must be taken in military operations to spare the civilian population and civilian objects, taking all feasible precautions to minimize incidental harm.
- Principle of Chivalry: Prohibits belligerents from using perfidious or treacherous methods of warfare.
Protected Persons under IHL
IHL extends protections to those who do not take a direct part in hostilities:
- Civilians: Any person who is not a combatant or a member of the armed forces. They must not be targeted unless and for such time as they take a direct part in hostilities.
- Prisoners of War (POWs): Captured lawful combatants who have fallen into the power of the enemy. They must be treated humanely, protected against violence or insults, and provided with necessary medical care and maintenance.
- Hors de Combat: Individuals who are defenseless due to unconsciousness, wounds, sickness, or because they have clearly expressed an intention to surrender. They cannot be made the object of attack.
- Medical and Religious Personnel: Individuals exclusively engaged in medical duties (searching for, collecting, or treating the wounded) or spiritual assistance must be protected and respected.
Violations and Crimes
Grave breaches of IHL and serious violations of its customs result in individual criminal responsibility. Under the Rome Statute of the International Criminal Court and domestic legislation like the Philippine Act on Crimes Against International Humanitarian Law (R.A. No. 9851), punishable atrocities include:
- War Crimes: Grave breaches of the Geneva Conventions (e.g., willful killing, torture, taking hostages, extensive unlawful destruction of property) and other serious violations of the laws of war.
- Genocide: Acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, religious, social, or similar stable group.
- Other Crimes Against Humanity: Widespread or systematic attacks directed against any civilian population, such as extermination, enslavement, torture, and enforced disappearances.
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