International humanitarian law

• 1. The Blood-Stained Battlefield

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  Henry Dunant stood on the field of Solferino in 1863 and saw thousands of wounded soldiers left to die without care. The air smelled of blood and rotting flesh while the sun beat down on the suffering men. He wrote a book titled A Memory of Solferino that described these horrors in detail. His reports shocked the world and led directly to the founding of the International Committee of the Red Cross in 1863. This event marked the beginning of systematic efforts to prevent the suffering of war victims.

• 2. Four Conventions And Protocols

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  The Geneva Conventions of 1949 form the core legal basis for protecting non-combatants in armed conflict. Four separate conventions were revised or added during this year to cover different aspects of warfare. The first convention protects wounded and sick members of armed forces in the field. The second covers wounded, sick and shipwrecked members at sea. The third addresses prisoners of war while the fourth focuses on civilian persons in time of war. Additional protocols adopted in 1977 extended protections to international and non-international conflicts. As of January 2007, Protocol I had been ratified by 167 countries and Protocol II by 163 countries.

• 3. Rules Of Engagement

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  Parties to an armed conflict must distinguish at all times between combatants and civilians. Attacks shall be directed solely against legitimate military targets according to the principle of distinction. A belligerent may apply only the amount and kind of force necessary to defeat the enemy under the principle of necessity. Further, attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated per the principle of proportionality. Every feasible precaution must be taken by commanders to avoid civilian casualties. These rules apply regardless of whether a conflict is international or internal.

• 4. Banned Weapons And Mines

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  Unexploded land mines have caused up to 7,000 deaths a year long after conflicts end. Farmers tilling their fields and children who find these explosives have become common victims. An estimated 98% of the victims are civilian according to recent studies. The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons was adopted in 1980 to address weapons that produce non-detectable fragments. The Ottawa Treaty of 1997 completely bans the stockpiling and use of all anti-personnel land mines except for limited training purposes. The Convention on Cluster Munitions from 2008 prohibits bombs that scatter bomblets many of which do not explode and remain dangerous long after a conflict has ended.

• 5. Women And Children In War

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  Women must be protected from rape forced prostitution and any form of indecent assault under Geneva Convention provisions. A study of the 42 provisions relating to women within the Geneva Conventions found that almost half address women who are expectant or nursing mothers. Children under the age of eighteen must not be permitted to take part in hostilities according to international law. UN Security Council Resolution 1325 aims to improve the participation of women in post-conflict peacebuilding while Resolutions 1888 and 1889 enhance protection against sexual violations. Feminist critics challenge IHL's focus on male combatants and its relegation of women to the status of victims.

• 6. Courts And Accountability

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  Persons who have committed breaches of the laws of war may be held individually accountable through process of law after conflicts end. International criminal tribunals like the International Criminal Tribunals for the former Yugoslavia and Rwanda contributed to expanding definitions of sexual violence during armed conflict. The International Court of Justice and the International Criminal Court provide mechanisms for prosecuting war crimes and providing reparations to victims. Luis Moreno Ocampo chief prosecutor of the international criminal court wrote in 2006 that belligerents can carry out proportionate attacks even when civilian deaths occur if they follow established principles. Reparations can include restitution compensation rehabilitation satisfaction and guarantees of non-repetition aimed at addressing physical psychological and material damage suffered by victims.

• 7. Scholarly Criticism And Debate

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  Historian A. Dirk Moses suggests that civilian killing in war and genocide could be a distinction without a difference according to his research. Legal scholars argue that Israel used permissive interpretations of IHL to justify large-scale violence against Palestinian civilians during the Gaza war. The foreseeable killing of large numbers of citizens could be considered compliant with IHL which relies on the doctrine of double effect allowing civilian harm as collateral damage. To a large degree IHL was created by Western powers to further their own interests and it has long featured double standards on legally allowed violence. However it has also been cited by critics of states engaged in colonial violence favoring a more consistent approach to civilian protection.