News-Info-Alerts

Re: IHL - International Humanitarian Law

From: POW-MIA InterNetwork

Date: March 29, 2003

"Humanity in the Midst of War

Fundamental Principles for Humanitarian Action

Introduction
Humanity in the midst of war is everyone's concern-a concern that has grown since the terrorist attacks of September 11, 2001 and the U.S. military's involvement in Iraq. As Americans reluctantly bid "goodbye" to loved ones deployed overseas, they also witness daily news coverage of civilians fleeing conflict. At times like this, it is important for people to know the rules and principles that seek to limit the effects of warfare.

Yet few fully understand international humanitarian law (IHL) and how it brings help and hope during war. Today, more than ever, there is great need for the observance of these international rules that limit the effects of war and protect vulnerable groups of people.

Over the years, millions have been spared suffering or death when nations and combatants show respect for IHL. Wounded soldiers defenseless before an enemy, prisoners of war held far from home, civilians caught in the crossfire, medical and relief workers…their safety and humane treatment are at the core of IHL. Ensuring respect for IHL is the responsibility of nations but also fundamental to the mission of the International Red Cross and Red Crescent Movement worldwide. Since its inception more than 130 years ago, the Red Cross has played an essential role in providing protection and assistance under IHL. When the law is understood and honored, humanity triumphs over hostility.

Today, there is also a great need for compassion and tolerance at home. Religion, heritage, culture and language must not divide us.

Following are some of the most frequently asked questions about IHL and the fundamental principles for humanitarian action, which provide the foundation for IHL.

What is International Humanitarian Law?
Who does IHL protect? Does IHL protect me?
Are international humanitarian law (IHL) and human rights law different?
When is IHL used?
What are the basic rules of IHL?
Does IHL apply to the terrorist attacks of September 11?
How does IHL protect children in conflict zones?
Does IHL provide special protections for women?
What does IHL say about child soldiers?
Is it a violation of IHL if civilians are killed during war?
How does IHL protect U.S. soldiers in combat?
How is IHL enforced worldwide?
What is the role of the Red Cross during armed conflict, locally and overseas?
What can I do to help?
How can I learn more about IHL?

Q1: What is International Humanitarian Law?
A1:

International Humanitarian Law (IHL) encompasses both humanitarian principles and international treaties that seek to save lives and alleviate suffering of combatants and noncombatants during armed conflict. It's principal legal documents are the Geneva Conventions of 1949, four treaties signed by almost every nation in the world. The Conventions define fundamental rights for combatants removed from the fighting due to injury, illness, or capture, and for civilians. The 1977 Additional Protocols, which supplement the Geneva Conventions, further expand those rights.

Q2: Who does IHL protect? Does IHL protect me?
A2:

IHL protects wounded, sick or captured members of the armed forces, and civilians. Wounded and sick combatants — to whatever nation they may belong, are to be collected and cared for under the provisions of the First Geneva Convention. They cannot be murdered or subjected to torture or biological experiments. They are to receive adequate care and are to be protected against pillage or ill treatment. The Convention also protects medical workers, military religious personnel, military medical facilities and mobile units.

Wounded, sick, and shipwrecked combatants at sea are protected by the Second Geneva Convention. They receive the same protection as soldiers on land, extended to conditions encountered at sea. Hospital ships are protected.

Prisoners of war (POWs), protected by the Third Geneva Convention, must be treated humanely and provided with adequate housing, food, clothing and medical care. They are not to be subjected to torture or medical experimentation and must be protected against acts of violence, insults, and public curiosity. Captured war correspondents and civilians authorized to accompany the military are also entitled to this status.

Civilians are protected under the Fourth Geneva Convention. At all times, parties to the conflict must distinguish between civilians and combatants and direct their operations only against military targets. Civilians must be permitted to live as normally as possible. They are to be protected against murder, torture, pillage, reprisals, indiscriminate destruction of property and being taken hostage. Their honor, family rights, religious convictions and practices are to be respected. Occupying forces shall ensure and allow safe passage of adequate food and medical supplies and the establishment of hospital and safety zones for the wounded, sick, elderly, children, expectant mothers, and mothers of young children. This convention provides special protection for women and children. The hospital staff caring for these individuals are to be respected and protected.

The Geneva Conventions call for humanitarian assistance to be carried out by the International Committee of the Red Cross (ICRC), Red Cross and Red Crescent national societies, or other impartial humanitarian organization as authorized by parties to the conflicts.

Q3: Are international humanitarian law (IHL) and human rights law different?
A3:

Yes, but they complement each other. Both seek to protect individuals from harm and maintain human dignity, but they address different circumstances and have different core documents. IHL applies in times of armed conflict to limit the suffering caused by war and protect those who have fallen into the hands of an adverse party. IHL's primary focus is to safeguard the fundamental rights of wounded, sick and shipwrecked combatants, POWs and civilians. Human rights law applies in times of peace or war, but is primarily concerned with protecting people against government violations of their internationally recognized civil, political, economic, social and cultural rights.

Q3: What does IHL say about child soldiers?
A3:

Humanitarian law prohibits children from taking part in hostilities, but child soldiers still represent a serious problem in many parts of the world. IHL requires that children under 15 not be recruited into the armed forces, and that "all feasible measures" be taken to ensure that they do not take a direct part in the fighting. In recruiting those between 15 and 18 years of age, priority must be given to the oldest. (Art. 77, Protocol I) Unfortunately, the number of children becoming soldiers either voluntarily or by force is increasing. Children living in conflict zones, particularly those separated from their families or marginalized in other ways, may become potential recruits. Often children are forced to join an armed group or become child soldiers as a means of survival.

Q4: When is IHL used?
A4:

IHL applies to armed conflict (war) taking place between nations (international armed conflict) or to internal armed conflicts such as civil wars.

Q5: What are the basic rules of IHL?
A5:

These points briefly summarize the basic rules of IHL that call for protection during armed conflict:


* Combatants who are out of the fight and those not taking part in hostilities are entitled to respect for their lives and physical and moral integrity. They are to be protected and treated humanely, without adverse discrimination.
* It is forbidden to kill or injure an enemy who surrenders or who is out of the fight.
* The wounded and sick are to be collected and cared for by the party that has them in its power. Medical personnel, establishments, transports, and materials are to be protected. The protective emblems must be respected.
* The lives, dignity, personal rights, and religious convictions of captured combatants and civilian internees must be respected, which includes their protection against violence and reprisals. They have the right to correspond with their families and to receive humanitarian assistance.
* Those protected by the law are entitled to fundamental judicial guarantees.
* No one is to be subjected to physical or mental torture, corporal punishment, or cruel and degrading treatment.
* Civilians are not to be the objects of attack.

Q6: Does IHL apply to the terrorist attacks of September 11?
A6:

Although September 11 brought death and destruction on a scale we associate with warfare, it is not clear that IHL applies. IHL applies to armed conflict between states (international armed conflict) or to internal armed conflicts such as civil wars. If the shocking attacks on civilian targets in New York and Washington were committed by a terrorist network operating on its own, then they amount to horrendous crimes rather than acts of war to which IHL would apply.

Q7: Does IHL provide special protections for women?
A7:

Yes. Although women have the same general legal protections as men, the Geneva Conventions recognize the principle that "women shall be treated with all the regard due to their sex." (Art. 12, GCI & II, Art. 14, GCIII) This means that additional protections are provided to address women's specific needs arising from gender differences, honor and modesty, pregnancy and childbirth. For example, women POWs or internees are to be held in quarters separate from men's under the immediate supervision of other women. Women are to be protected "against rape, enforced prostitution or any form of indecent assault." (GC4, Art. 27, also Art. 75 & 76, Protocol I) As to relief shipments, "expectant mothers, maternity cases and nursing mothers" are to be given priority. (Art. 70, Protocol I) To learn more about issues for women in armed conflict, as well as the resilience many have shown, see the recent study on "Women Facing War" www.womenandwar.org

Q8: How does IHL protect children?
A8:

IHL forbids attacks against civilians, and identifies special protections for children. All civilians are to be protected against murder, torture, pillage, reprisals, indiscriminate destruction of property, and being taken hostage. Their honor, family rights, religious convictions, and practices are to be respected. Occupying forces are to ensure and allow safe passage of adequate food and medical supplies and the establishment of hospital and safety zones for the wounded, sick, elderly, children, expectant mothers and mothers of young children. Special provisions also respond to the needs of children unaccompanied by family, psychosocial needs, and family communication.

Children under 15 who are orphaned or separated from their families must be provided for. They must be able to practice their religion and their education must be facilitated.

Q9: Is it a violation of IHL if civilians are killed during war?
A9:

Protecting civilians is a major objective of IHL. Under the Fourth Geneva Convention, civilians are to be protected from murder and permitted to lead normal lives, if security allows. Additional Protocol I of 1977 provides further details extending civilian protections in international armed conflicts. Although the U.S. signed Protocol I, it has not yet ratified it. Even so, the U.S. has indicated it will abide by these provisions, which are considered by many to be a codification of widely accepted customary law developed over hundreds of years.

The basic rule on the principle of distinction is set out in Article 48 of Protocol I, which states: "In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives." In addition to prohibiting direct attacks, IHL also prohibits indiscriminate attacks on civilians. These can occur, for example, when an attack by the armed forces on a military target does not take into account excessive negative consequences to civilians. Article 41 of Protocol I.

However, not all civilian deaths are unlawful during war. IHL does not outlaw armed conflict, but instead attempts to balance a nation's acknowledged legal right to attack legitimate military targets during war with the right of the civilian population to be protected from the effects of the hostilities. In other words, given the nature of warfare, IHL anticipates a certain amount of "collateral damage," which sometimes, regrettably, may include civilian casualties.

Q10: How does IHL protect soldiers engaged in conflict?
A10:

Members of the US military and other soldiers engaged in the conflict with Afghanistan who are wounded, sick or captured are to be protected under the First, Second and Third Geneva Conventions. They are all to be collected and cared for. They cannot be murdered or subjected to torture or biological experiments. They are to receive adequate care and are to be protected against pillage or ill treatment. Should they become captured, they are to be protected under the Third Geneva Convention. They must be treated humanely and provided with adequate housing, food, clothing, and medical care. They are not to be subjected to torture or medical experimentation and must be protected against acts of violence, insults, and public curiosity. Captured war correspondents and civilians authorized to accompany the military are also entitled to this status.

Q11: How is IHL enforced worldwide?
A11:

The vast majority of nations have ratified the Geneva Conventions, thus recognizing a legal obligation to uphold them in the midst of war. Nations that ratify these humanitarian treaties are required to enact domestic laws to provide legal sanctions against violators.

While the world community can apply few legal sanctions against nations that violate the law, there are numerous practical reasons for them to respect IHL:

* The humane treatment of individuals by one side often dictates treatment by the other
* The impact of world opinion
* The safeguarding of a civilization and its economic resources
* The use of IHL as a means to facilitate the resolution of conflicts and return to a state of peace

Legal action against violators can take place before an international tribunal, such as occurred following WWII, and after the conflicts in Former Yugoslavia and Rwanda. In addition, trials of a soldier or civilian by his or her country's authorities may be conducted by a military or civilian court under the authority of that nation's legal code.

The most effective means of securing compliance with these humanitarian rules is through widespread public education in peacetime. In ratifying the Geneva Conventions, nations agree to educate their military and the public. The more knowledgeable members of the armed forces and the general public are about the law, the more likely it is to be obeyed.

Q12: What is the role of the Red Cross during armed conflict, locally and overseas?
A12:

IHL and the Red Cross have been linked since 1863 when Henry Dunant, a Swiss citizen, proposed that civilian volunteers be permitted to provide medical relief to wounded and sick soldiers. His ideas gave birth to what is today the International Red Cross and Red Crescent Movement and were the inspiration for the first Geneva Convention. The Red Cross adheres to the underlying principles of IHL — humanity, impartiality, and neutrality — to safeguard its unique role in preventing and alleviating human suffering in armed conflict. Today, the Red Cross worldwide is guided by seven Fundamental Principles - Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity, and Universality, which apply to events around the world and here at home.

Those drafting the Geneva Convention of 1864 foresaw the need for a universal symbol of protection easily recognizable on the battlefield. In honor of the Swiss origin of this initiative, the symbol of a red cross on a white background (the reverse of the Swiss flag) was identified as a protective emblem in conflict areas. The red crescent emblem was later recognized by nations as an additional emblem of humanitarian relief. Although not in the Geneva Conventions, the red shield of David is also a respected emblem. During armed conflict, these emblems are used to identify and protect authorized military medical and Red Cross relief workers, military and civilian medical facilities, mobile units, and hospital ships. They also are used to identify the programs and activities of 178 Red Cross and Red Crescent national societies, and those of the Magen David Adom (Red Shield of David) in Israel.

The Geneva Conventions state that impartial humanitarian organizations must be permitted to provide assistance, specifically naming the International Committee of the Red Cross (ICRC) and Red Cross and Red Crescent national societies. The ICRC is given important responsibilities, a role that has grown in significance over the last 125 years. A private Swiss institution, the ICRC is the "guardian" of the Geneva Conventions and works with all sides of a conflict — through diplomatic means — to ensure that humanitarian obligations are upheld.

ICRC delegates visit POWs and civilian internees. They inspect facilities where individuals are sheltered, work with the detaining power to resolve any violations, deliver relief parcels, and exchange special family messages (Red Cross Messages). The ICRC also provides food and medical supplies to the endangered civilian population. The ICRC's Central Tracing Agency serves as a global clearinghouse for data on POWs and civilians displaced by armed conflict.

In addition to IHL public education in peacetime, the national societies assist relief operations in their own countries and internationally. This includes channelling needed goods and contributions, recruiting medical and relief workers, and providing a global link with the ICRC's efforts to locate and reunite separated family members.

The need for IHL becomes more imperative as the world faces new challenges. Since Henry Dunant's vision was put into action in 1863, the International Conference of the Red Cross and Red Crescent has brought together nations signatory to the Geneva Conventions. The Conference provides a regular forum to promote humanitarian efforts worldwide and respond to crises.

Q13: What is my role?
A13:

This material offers only an overview of a complex body of law, and the humanitarian work that it makes possible. The needs are ever growing. You may wish to help respond to the needs of the victims of the September 11 tragedy or those resulting from the conflict in Afghanistan by becoming actively involved with humanitarian organizations in your community.

You may wish to learn more about IHL. The Red Cross worldwide is involved in efforts to increase public understanding of IHL, knowing that it is more effective when it is widely understood. The American Red Cross supports efforts nationwide to raise awareness of IHL. By reading this material, and sharing it with others, you are already helping build greater awareness of IHL, and the need for humanity in the midst of war. By being informed, you contribute to the chance for peaceful resolution of conflicts. By understanding the difference IHL makes to millions of people around the world and close to home, you help strengthen these humanitarian rules and principles. By -


* Recognizing your rights and the rights of others …
* Encouraging widespread understanding …
* Promoting respect for the law …
* Advocating responsible behavior …
* Communicating with and representing government leadership locally, nationally, and internationally …

You can make a difference. Humanity begins at home. Ask you local Red Cross how you can get involved. "