Humanitarian Law

International Humanitarian Law (IHL) — also called the law of armed conflict — governs how wars are fought. It doesn't address whether a war is legal (that's jus ad bellum). It addresses how combatants must behave during war (jus in bello) — regardless of which side is "right."

The Geneva Conventions (1949)

The four Geneva Conventions are the foundation of IHL. They've been ratified by every country on Earth — 196 parties, making them the most universally accepted treaties in existence.

The Additional Protocols (1977) expanded protections, particularly for civilians and guerrilla fighters.

Core Principles

• Distinction — combatants must distinguish between military targets and civilians. Deliberately targeting civilians is a war crime.
• Proportionality — attacks must not cause civilian harm excessive in relation to the military advantage gained
• Military necessity — force may only be used to achieve legitimate military objectives
• Humane treatment — POWs, wounded soldiers, and civilians must be treated humanely

The Enforcement Challenge

IHL violations are widespread:

• In Syria, government forces used chemical weapons against civilians multiple times
• In Yemen, the Saudi-led coalition struck hospitals, schools, and weddings
• In Myanmar, the military conducted systematic ethnic cleansing against the Rohingya
• Allegations of IHL violations arise in virtually every modern conflict

Enforcement depends on:

• The ICC — can prosecute individuals, but only has jurisdiction over member states (Russia, the US, China, and Israel are not members)
• Special tribunals — created for specific conflicts (Yugoslavia, Rwanda, Sierra Leone)
• National courts — under universal jurisdiction, some countries prosecute war crimes committed anywhere
• Naming and shaming — documentation by the ICRC, UN commissions, and NGOs like Human Rights Watch