International humanitarian law

1 International humanitarian LAWA COMPREHENSIVE INTRODUCTIONNils MelzerCoordinated by Etienne KusterInternational Committee of the Red Cross19, avenue de la Paix1202 Geneva, SwitzerlandT +41 22 734 60 01 F +41 22 733 20 57E-mail: ICRC, August 2016 International humanitarian LAWA COMPREHENSIVE INTRODUCTIONTABLE OF CONTENTSA bbreviations ..6 Foreword ..9 Introduction ..12 CHAPTER 1 INTRODUCTION TO IHL ..15I. Definition and core principles of IHL ..17II. Sources of IHL ..21 III. IHL in the International legal order ..26IV. A brief history of IHL and some contemporary challenges ..34 CHAPTER 2 SCOPE OF APPLICATION OF IHL ..49I. Relevance and definition of the term armed conflict ..51II. Distinction between International and non- International armed conflict.

2 53 III. International armed conflicts ..54IV. Belligerent occupation ..60V. Non- International armed conflicts ..66VI. Armed conflicts subject to foreign intervention ..73 CHAPTER 3 THE CONDUCT OF HOSTILITIES ..77I. Protection of the civilian population ..80II. Protection of civilian objects, and of certain areas and institutions ..91 III. Proportionality, precautions and presumptions ..100IV. Methods of warfare ..104V. Means of warfare ..109VI. Specific issues arising in non- International armed conflicts ..125 CHAPTER 4 THE WOUNDED AND SICK AND THE MEDICAL MISSION ..131I. The wounded, the sick and the shipwrecked ..134II. Medical and religious personnel ..137 III. Medical units and transports ..142IV. Hospital, safety and neutralized zones.

3 149V. The distinctive emblems ..151VI. The missing and the dead ..155 VII. Specific issues arising in non- International armed conflicts ..162 CHAPTER 5 DETENTION AND INTERNMENT ..169I. The relevance of status in the context of detention ..171II. Internment of prisoners of war ..178 III. Internment and detention of civilians ..190IV. Specific issues arising in non- International armed conflicts ..208 CHAPTER 6 CIVILIANS IN ENEMY-CONTROLLED TERRITORY ..219I. General protection of civilians in the power of the enemy ..222II. Enemy nationals in the territory of a belligerent party ..233 III. Inhabitants of occupied territories ..237IV. humanitarian assistance ..250V. Specific issues arising in non- International armed conflicts.

4 255 CHAPTER 7 IMPLEMENTATION AND ENFORCEMENT OF IHL ..263I. Factors influencing compliance with IHL ..265II. Duty of belligerents to respect and to ensure respect ..268 III. Ensuring respect at International level ..274IV. State responsibility and reparations ..281V. Individual criminal responsibility for violations of IHL ..285VI. Judicial enforcement ..293 VII. Non-judicial enforcement ..298 VIII. Specific issues arising in non- International armed conflicts ..304 CHAPTER 8 THE SPECIAL ROLE OF THE ICRC ..311I. Purpose and status of the ICRC ..313II. Legal basis for ICRC action ..316 III. The ICRC as the guardian of IHL ..322 INDEX ..332 REFERENCES ..352 ICRC learning tools and databases.

5 354 ICRC newsletters ..3556 ABBREVIATIONS AND DEFINITIONSABBREVIATIONSA dditional Protocol I (AP I)Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 Additional Protocol II (AP II)Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non- International Armed Conflicts (Protocol II), 8 June 1977 Additional Protocol III (AP III)Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005 1977 Additional ProtocolsAdditional Protocols I and IIAmended Protocol II to the Convention on Certain Conventional WeaponsProtocol II to the Convention on Certain Conventional Weapons of 10 October 1980 (Amended Protocol II), as amended on 3 May 1996 Anti-Personnel Mine Ban ConventionConvention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, 18 September 1997 Biological Weapons ConventionConvention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological)

6 And Toxin Weapons and on their Destruction, 10 April 1972 Chemical Weapons ConventionConvention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 13 January 1993 CIHL Customary International humanitarian lawCluster Munitions ConventionConvention on Cluster Munitions, 30 May 2008 Common Article 1 Article 1 common to the Geneva Conventions of 12 August 1949 Common Article 2 Article 2 common to the Geneva Conventions of 12 August 1949 Common Article 3 Article 3 common to the Geneva Conventions of 12 August 1949 Convention against To r t u r eConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984 Convention on Certain Conventional WeaponsConvention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, 10 October 1980 ECHRE uropean Court of Human RightsENMOD ConventionConvention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, 10 December 1976 ABBREVIATIONS AND DEFINITIONS 71949 Geneva Conventions (GC I, II, III and IV)Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (First Geneva Convention)Convention (II)

7 For the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 (Second Geneva Convention)Convention (III) relative to the Treatment of Prisoners of War, 12 August 1949 (Third Geneva Convention)Convention (IV) relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (Fourth Geneva Convention)Geneva Gas ProtocolProtocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, 17 June 1925 Hague Convention No. VConvention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, The Hague, 18 October 1907 Hague Convention No. XIIIC onvention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, The Hague, 18 October 1907 Hague Convention on Cultural PropertyConvention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 14 May 19541899 Hague Declaration concerning Asphyxiating GasesDeclaration (IV,2) concerning Asphyxiating Gases, The Hague, 29 July 18991899 Hague Declaration concerning Expanding BulletsDeclaration (IV,3) concerning Expanding Bullets, The Hague, 29 July 1899 Hague RegulationsConvention No.

8 IV respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, The Hague, 18 October 1907 IACHRI nter-American Commission on Human RightsICJI nternational Court of JusticeICJ StatuteStatute of the International Court of Justice annexed to the Charter of the United Nations, 26 June 1945 ICRCI nternational Committee of the Red CrossICTYI nternational Criminal Tribunal for the former YugoslaviaICTRI nternational Criminal Tribunal for RwandaInternational FederationInternational Federation of Red Cross and Red Crescent SocietiesIHLI nternational humanitarian lawIRRCI nternational Review of the Red CrossMovementInternational Red Cross and Red Crescent MovementNational SocietiesNational Red Cross or Red Crescent Societies8 ABBREVIATIONS AND DEFINITIONSNATON orth Atlantic Treaty OrganizationProtocol I to the Convention on Certain Conventional WeaponsProtocol I to the Convention on Certain Conventional Weapons of 10 October 1980, on Non-Detectable Fragments (Protocol I)

9 , 10 October 1980 Protocol II to the Convention on Certain Conventional WeaponsProtocol II to the Convention on Certain Conventional Weapons of 10 October 1980, on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II), 10 October 1980 Protocol III to the Convention on Certain Conventional WeaponsProtocol III to the Convention on Certain Conventional Weapons of 10 October 1980, on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III), 10 October 1980 Rome StatuteRome Statute of the International Criminal Court, 17 July 1998St Petersburg DeclarationDeclaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight, 29 November / 11 December 1868 Study on customary IHLICRC study on customary International humanitarian lawUNUnited NationsUN CharterCharter of the United Nations, San Francisco, 26 June 1945 FOREWORD 9 FOREWORDIn the modern world, rapid developments in science and technology, and polarized power relations, may call into question the law's ability to adapt itself to regulate human conduct, especially in the most dramatic circumstances of war.

10 However, even in this era of global change and scientific progress, the fun-damental idea behind the rules and principles of International humanitarian law (IHL) that even wars have limits is not one we seek to challenge. While we must turn to the past to understand their importance, we must also con-sider the future to make sure IHL rules and principles will continue to provide the best possible protection to persons affected by armed conflicts. Combining 150 years of humanitarian action in the field and a universal mandate to work for the implementation and development of IHL, the International Committee of the Red Cross (ICRC) remains committed to pursuing this aim. In light of this institutional commitment, how does the publication of this new text-book, International humanitarian Law: A Comprehensive Introduction, offer a response to contemporary challenges in warfare?