The origins of International Humanitarian Law can be found in the codes and rules of religions and cultures around the world. The modern development of the law began in the 19th century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare, which represent a careful balance between humanitarian concerns and States’ military requirements. As the international community has grown, so has the number of States around the world who have contributed to the development of International Humanitarian Law. Today it may be regarded as a truly universal system of law.
 

There are also several agreements prohibiting the use of certain weapons and military tactics. These include the Hague Conventions of 1907, the 1972 Biological Weapons Convention, the 1980 Conventional Weapons Convention and the 1993 Chemical Weapons Convention. The 1954 Hague Convention protects cultural property during armed conflict.

Many rules of International Humanitarian Law are now accepted as customary law - that is, as general rules which apply to all States.
 

What is Protection?

International Humanitarian Law protects those who do not take part in the fighting such as civilians and medical and religious personnel. It also protects those who no longer take part in the fighting, such as those who have been wounded or shipwrecked, who are sick or who have been taken prisoner.

Protected people must not be attacked. They must be spared from physical abuse and degrading treatment. The wounded and sick must be collected and cared for. Detailed rules, including the provision of adequate food and shelter, and legal guarantees, apply to those who have been taken prisoner or detained.

Certain places and objects, such as hospitals and ambulances, are also protected and must not be attacked. International Humanitarian Law sets out a number of clearly recognisable emblems and signals which can be used to identify protected people and places. These include the red cross and red crescent.

What are the restrictions on Weapons and Tactics?

International Humanitarian Law prohibits all means and methods of warfare which:
 

(a)		fail to discriminate between those taking part in the fighting, and those, such as civilians, who are  not taking part in the fighting;
(b)		cause superfluous injury or unnecessary suffering;
(c)		cause severe or long-term damage to the environment.

International Humanitarian Law has thus banned the use of many weapons, including exploding bullets, chemical and biological weapons, and laser-blinding weapons.
 

International Humanitarian Law distinguishes between international armed conflict and internal armed conflict. International armed conflicts are those in which at least two States are involved. They are subject to an extensive range of rules including those contained in the four Geneva Conventions and the first Additional Protocol. A more limited range of rules apply to internal armed conflicts - notably those set out in Article 3 of each of the four Geneva Conventions and in the second Additional Protocol. However, in an internal armed conflict, just as in an international armed conflict, all sides must comply with International Humanitarian Law.

It is important to differentiate between International Humanitarian Law and Human Rights Law. While some of their rules are similar, these two bodies of law have developed separately and are contained in different treaties. In particular, Human Rights Law, unlike International Humanitarian Law, applies in peacetime and many of it’s provisions may be suspended during an armed conflict.
 

A number of measures have been drawn up to promote respect for International Humanitarian Law. States are obliged to educate their armed forces and the general public about the rules of International Humanitarian Law. They must prevent, and where necessary punish, all violations of International Humanitarian Law. In particular, they must enact laws to punish the most serious violations of the Geneva Conventions and Additional Protocols, which are regarded as war crimes. Measures have also been taken at the international level. Tribunals have been created to punish acts committed in two recent conflicts, and consideration is now being given to a permanent international court which will be able to punish war crimes.

Whether through Governments and organisations, or as individuals, we can all make an important contribution to the application of International Humanitarian Law.