Question 1

What is IHL and how is it different from human rights law?

Accepted Answer

IHL is the set of rules that applies during armed conflict to protect civilians and those no longer fighting, and to limit the means and methods of warfare. Human rights law applies at all times and governs the relationship between a state and its people. IHL accepts that killing combatants is lawful in war; human rights law does not. Both bodies of law operate in conflict, but IHL is the lex specialis, the specialized law for armed conflict.

Question 2

Do the Geneva Conventions still matter?

Accepted Answer

Yes. The four Geneva Conventions of 1949 are among the most widely ratified treaties in history, with 196 states parties. They establish the baseline rules for the treatment of wounded soldiers, prisoners of war, and civilians in armed conflict. While violations are common, the Conventions set the legal standard against which conduct is measured and are the foundation for war crimes prosecutions.

Question 3

What are war crimes?

Accepted Answer

War crimes are serious violations of IHL for which individuals bear criminal responsibility. They include willful killing of civilians, torture, taking hostages, deliberately attacking civilian objects, using prohibited weapons, and denying fair trial to prisoners of war. War crimes can be prosecuted by national courts, international tribunals, or the ICC.

Question 4

Does IHL apply to non-state armed groups?

Accepted Answer

Yes. Common Article 3 of the Geneva Conventions applies minimum humanitarian standards to all parties in non-international armed conflicts, including non-state armed groups. Additional Protocol II expands these rules. Non-state actors who violate IHL can be held individually criminally responsible for war crimes.