International Humanitarian Law Samriddhi Mishra Legal Article Thu, Jun 01, 2023, at ,05:18 PM Introduction“International humanitarian law is a set of rules aimed at limiting the consequences of armed conflict on a humanitarian basis. It protects those who are not or are no longer participating in hostilities and limits the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.” [1]International Humanitarian law is divided into two main categories: the first protects those who are no longer directly involved in the conflict, such as first responders, civilians, and the injured, and the second establishes the proper means of warfare for parties actively engaged in armed conflict, including the proper use of weapons and tactics. When there are internal conflicts or sporadic acts of violence, international humanitarian law is not relevant. It only applies if there is an armed conflict. It must also be separated from public international law, which determines when a state may wage armed conflict. IHL does not concern itself with the legality of conflict; rather, it regulates armed conflict after it has started. [2]Wars are not something novel; they have always been part of human history, and with war, certain principles and customs evolved, which formed the origin point of IHL. In the 19th century, international humanitarian law started to be globally codified. Since then, based on the painful lessons of contemporary combat, nations have come to an understanding of a set of useful guidelines. These regulations seek to protect humanitarian concerns while considering the needs of the country's military. Most of the IHL is contained in the four Geneva Conventions and the Hague Convention. These conventions and a few additional protocols define most of international humanitarian law. The Geneva Convention focuses on the protection of victims of war, and the Hague Convention defines the manner in which war is to be conducted.Geneva conventionIHL, which regulates the conduct of armed conflicts and seeks to lessen their effects, is based on the Geneva Conventions and their Additional Protocols. They safeguard those who choose not to participate in hostilities and those who have ceased to do so. The Geneva Conventions and their additional protocols contain the most important rules for lessening the suffering of war. The acceptance of this treaty is nearly universal, so much so that it is now considered part of customary law. Because it is customary, it also binds nations that haven't agreed to it.The Geneva Convention is regarded as one of humanity's most important accomplishments. It was Dunant who made the earliest attempts for it to become possible. During the Battle of Solferino in 1859, Dunant saw the suffering and inadequate treatment given to wounded soldiers. He gathered relief for the injured and launched programmes to reduce their suffering since he was so moved by the tragedies he witnessed. Deeply moved by the atrocities he witnessed, he advocated in his book "A Memory of Solferino" for an agreement among nations to provide medical care for the injured as well as the creation of charitable organisations to help and care for the injured soldiers. In Geneva, a group called the Committee of Five was established in 1863 to carry out Dunant's suggestion. This group later changed its name to the “International Committee of the Red Cross”.A convention (treaty) with 10 articles was negotiated by diplomats from 16 countries with the help of this committee, as well as representatives of military medical services and humanitarian organisations. The convention consisted of provisions for the protection of the wounded and those serving them, the protection of citizens who are helping the wounded, and that the emblem of the white cross would serve as a protective emblem.This pact came to be known as the Geneva Convention, and it served as the basis for modern IHL. This was later enhanced and codified extensively after WWII. [3]The Geneva Conventions of 1949 and Their Additional ProtocolsThe “Geneva Conventions of August 12, 1949”, are a set of four new conventions for defining humanitarian standards for treatment of war victims, representing updated and revised versions of earlier treaties. Together, they contain 429 articles of law. In addition to these conventions, there are three protocols. The first of these conventions is the “Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field”. This convention protects soldiers who are no longer fighting and those who are providing medical aid. The First Geneva Convention of 1949 contains 64 articles expanded from the original ten articles that made up the 1864 version of the Convention. The second one is the “Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea.” It extended the safeguards given in the first convention to warfare at sea. It extended those protections to shipwrecked sliders and other naval officers and made provisions to safeguard medical ships. “The Third Convention on the Treatment of Prisoners of War” defined "prisoners of war" and afforded them protection. It specified the amount of information that could be extracted from PoW and prohibited torture. The “Fourth Convention on the Protection of Civilian Persons in Time of War” affords the same protection against inhumane treatment to civilians and prohibits torture and attacks on medical shelters and medical transports. It also lays down rules for the treatment of people in occupied places. All Geneva Conventions share Article 3, which is groundbreaking because it addresses non-international conflicts for the first time, such as liberation or civil wars. This article functions as a mini convention within the Geneva Convention. The article prescribed standards for humane treatment similar to those in the Geneva Convention, even in non international conflicts.Three protocols, in addition to the Geneva Convention, were adopted. Two of them were adopted in 1977. They improve the safety of those who have been injured in armed conflicts, both international (Protocol I) and domestic (Protocol II), and they put restrictions on how wars are fought. A third protocol was adopted in 2005, which created an emblem called the "Red Crystal," whose status is equivalent to that of the Red Cross. [4]Hague ConventionsThe Hague Conventions are a collection of international treaties and declarations that were negotiated at two international peace conferences in The Hague, Netherlands, in 1899 and 1907. These agreements were made with the intention of establishing guidelines for how war should be conducted and how civilians and prisoners of war should be treatedHague Convention of 1889 and 1907Several conventions and declarations were adopted as a result of the first convention in 1889.“The Pacific Settlement of International Disputes Convention”, which sought to provide a peaceful means of resolving international conflicts, established the “Permanent Court of Arbitration”. Another “Convention on the Laws and Customs of Land War” established guidelines for the humane treatment of combatants and the safety of civilians during land warfare.The “Geneva Convention's application to maritime warfare”: This convention listed the safeguards for injured and ill sailors during war on the sea. The main result of the convention was to ban the use of some modern technologies, like chemical gases.The second Hague Convention of 1907 expanded on the work done at the previous peace conference. This convention resulted in the adoption of thirteen treaties and one declaration. “The conventions are- Convention for the Pacific Settlement of International Disputes\ Convention respecting the Limitation of the Employment of Force for Recovery of Contract Debts Convention relative to the Opening of Hostilities Convention respecting the Laws and Customs of War on Land Convention relative to the Rights and Duties of Neutral Powers and Persons in case of War on Land Convention relative to the Legal Position of Enemy Merchant Ships at the Start of Hostilities Convention relative to the Conversion of Merchant Ships into War-ships Convention relative to the Laying of Automatic Submarine Contact Mines Convention Concerning Bombardment by Naval Forces in Time of War 10.Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention—later replaced by the second Geneva Convention Convention relative to Certain Restrictions with regard to the Exercise of the Right of Capture in Naval War 12.Convention relative to the Establishment of an International Prize Court 13.Convention concerning the Rights and Duties of Neutral Powers in Naval War 1-Declaration Prohibiting the Discharge of Projectiles and Explosives from Balloons” [5]Conclusion While we must hope that war or armed conflict can become a thing of the past, the recent Ukraine-Russia war and israel- palestine conflict all suggest that it is not happening any time soon. If humanity cannot avoid war, then the least we can do is preserve humanity during wars. The IHL deals with reducing the harm caused during armed conflict or war. There are two main branches of IHL, one deals with the protection of those who are not directly fighting in a war as soldiers like civilians and medical helpers or have stopped fighting in the war like wounded soldiers or prisoners of war through the Geneva Convention, and the other seeks to define acceptable methods of warfare through the Hague Convention. Both of these form the IHL, and though they deal with different subject matter, they do sometimes overlap.References 1.“What is International Humanitarian Law?”, https://www.icrc.org/en/doc/assets/files/other/what_is_ihl.pdf (last visited on 16 may 2023) 2.“What is International Humanitarian Law?”,https://www.icrc.org/en/doc/assets/files/other/what_is_ihl.pdf (last visited on 16 may 2023) 3.Summary of the Geneva Conventions of 1949 and Their Additional Protocols available at https://www.redcross.org/content/dam/redcross/atg/PDF_s/International_Services/International_Humanitarian_Law/IHL_SummaryGenevaConv.pdf (last visited on 16 may 2023) 4.Geneva Conventions and their additional protocols available at https://www.law.cornell.edu/wex/geneva_conventions_and_their_additional_protocols (last visited on 17 may 2023) 5.Puneet Pathak, “International Humanitarian and Refugee Law”,pp- 17-18