I.

History of ICRC
- inspired by Battle of Solferino in 1859 (France v. Austria)
- Henry Dunant wrote A Memory of Solferino in 1862
- established in 1863 Henry Dunant, Henri Dutour, Louis Appia, Theodore
Maunoir
II. Jus ad bellum and Jus in bello
Jus Ad Bellum
- justice of war
- justification of a state to enter into war
- NOW prohibited; a peremptory rule in international law; replaced by jus
contra bellum
- Exceptions:
1. Self defense
2. Self - determination
Jus in Bello
- justice in war; law in war
- applies to International Humanitarian Law; rules to be observed during
armed conflict

Rule 14, CIHL Launching an attack which may be expected to

cause incidental loss of civilian life, injury to civilians, damage to
civilian objects, or a combination thereof, which would be
excessive in relation to the concrete and direct military advantage
anticipated, is prohibited.
Art. 51 (5)(b) x x x considered as an indiscriminate attack:
x x x an attack which may be expected to cause
incidental loss of civilian life, injury to civilians,
damage to civilian objects, or a combination
thereof, which would be excessive in relation to the
concrete and direct military advantage anticipated.
4. Distinction must at all times distinguish between civilians and
combatants
5. Prohibition on causing unnecessary suffering
6. independence of jus ad bellum and jus in bello
The Martens Clause (Fyodor Martens) in cases not covered by treaties
(and traditional customary international law) civilians and combatants
remain under the protection and authority of the principles of international
law derived from established custom, from the principles of humanity and
from the dictates of public conscience.

III. International Humanitarian Law

Definition
- part of PIL
- limiting the use of violence in armed conflicts by:
a) sparing those who do not or no longer directly participate in
hostilities;
b) restricting it to the amount necessary to achieve the aim of the
conflict, which independently of the causes fought for can only be
to weaken the military potential of the enemy;
c.) restricting the right of parties to a conflict to use methods and
means of warfare of their choice
Basic principles of IHL
1. Humanitytreated humanely in all circumstances
2. Military Necessity
Art.57 (3), Protocol I - When a choice is possible between several
military objectives for obtaining a similar military advantage, the
objective to be selected shall be that the attack on which may be
expected to cause the least danger to civilian lives and to civilian
objects.
As to objects:
- must only be intended to help in the defeat of the enemy
- must be an attack on a military objective
As to weapons:
- choice of methods and means of warfare is not limited
- weapons must be sufficiently precise to limit risk
- a threat to engage in such would be contrary to law
3. Proportionality - military advantage must be proportional to the effect to
civilians

Inherent limits of IHL

it does not prohibit the use of violence;
it cannot protect all those affected by an armed conflict;
it makes no distinction based on the purpose of the conflict;
it does not bar a party from overcoming the enemy;
it presupposes that the parties to an armed conflict have rational aims
and that those aims as such do not contradict IHL.
Applicability
- between States which are parties to the same treaty
- between States and other belligerent parties who accept and apply the
treaty
1. International armed conflict between armed forces of at
least 2 states
-all cases of declared war or of any other armed conflict which may
arise between two or more of the High Contracting Parties, even if
the state of war is not recognized by one of them. (Geneva
Convention I-IV)
- example: wars against racial discrimination, alien occupation,
racist regime
2. Non-international armed conflict between: regular armed
forces and organized identifiable armed groups; armed groups
fighting one another
- all armedconflicts not covered by Article 1 of Protocol I and which
take place in the territory of a High Contracting Party between its

armed forces and dissident armed forces or other organized armed

groups which, under responsible command, exercise such control
over a part of its territory as to enable them to carry out sustained
and concerted military operations and to implement this Protocol*
* this is a fairly restrictive definition; now, ICC Statute
provides an intermediary threshold of application. It does
not require that the conflict be between governmental
forces and rebel forces, that the latter control part of the
territory, or that there be a responsible command. It
requires a high degree of organization and violence for any
situation to be classified as an armed conflict not of an
international character.
- ONLY Common Article 3 and/or Protocol II applies
- Belligerent Status if:
a. organized
b. identified (emblem, uniform or carry arms openly)
c. territorial control
d. respect rules of IHL
3. Internationalized armed conflict with intervention of 3rd
party state who must have effective control as per Nicaragua v US
(total or partial dependence in training, equipping, roviding
logistics, financing, etc.)
-NOT applicable for situations of internal violence and tension which do
not meet the threshold of non-international armed conflicts
On terrorist acts: IHL covers terrorist acts only when they are committed
within the framework or as part of an armed conflict. Acts of terrorism
committed in situations of internal violence or in time of peace are not
covered by IHL. However, acts of terrorism are also prohibited by internal
and international criminal law. Violence does not constitute an armed
conflict simply because it is committed with terrorist means.
Belligerent - States taking part in armed conflicts;
Neutral State, Protecting Powers, Substitutes State not taking part in
armed conflicts
IV. Components / Sources of IHL
1. Customary Law
Treaties
2. Hague Law (Law of War); relate to limitations or prohibitions of specific
means and methods of warfare
a. 1st Hague Convention (1899) Pacific Settlement of Disputes;
respect of the laws and customs of war on land
b. 2nd Hague Convention (1907) special emphasis on protection of
civilian, merchant and medical vessels
c. Hague Convention for the Protection of Cultural Property in the
Event of
Armed Conflict (1954)

3. Geneva Law (Humanitarian Law) ; relate to protection of the victims of

armed conflicts
a. 1st Geneva Convention (1964) groundwork for IHL
b. Geneva Protocol 1925 - Geneva Protocol for the Prohibition of
the Use of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare
c. 1st Geneva Convention on POWs (1929)
d. Four Geneva Conventions (1949)
- I on Wounded and Sick in the Field
- II on Wounded, Sick and Shipwrecked at Sea
- III on Prisoners of War
- IV on Civilians (in the hands of the enemy)
e. Additional Protocols to Geneva Convention
- Protocol I (1977) - applicable in international armed
conflicts (including national liberation wars)
Contents:
- Development of the 1949 rules
- Adaptation of International Humanitarian
Law to the realities of guerrilla warfare
- Protection of the civilian population
against the effects of hostilities
- Rules on the conduct of hostilities
- Protocol II (1977) - applicable to non-international
armed conflicts
Contents:
- Extension and more precise formulation of
the fundamental guarantees protecting all
those who do not or no longer actively
participate in hostilities
- Protection of the civilian population
against the effects of hostilities
-Protocol III (2005) - Adoption of an Additional Distinctive
Emblem
Others
UN Convention on Prohibitions or Restrictions of the Use of Certain
Conventional Weapons (1980)
Rome Statute of the International Criminal Court (1998)
Protocol II to the Convention on the Protection of Cultural Property (1999)
RA 9851 - Philippine Act on Crimes Against International Humanitarian Law,
Genocide, and Other Crimes Against Humanity(2009)
Armed Conflict Phases
1. Beginning from the first hostile act; unresisted occupation
2. During IHL does not affect the legal status of the States involved
3. End general close of military operations; termination of occupation
V. Civilians and Combatants
Difference between Civilians and Combatants
Civilians

Comb

Character

all persons other than combatants

Activities
Rights

do not take a direct part in hostilities

do not have the right to take a direct
part in hostilities (but have the right
to be respected)
may be punished for their mere
participation in hostilities
are protected because they do not
participate:
as civilians in the hands of the
enemy
against attacks and effects of
hostilities

Punishable
Protection

-it is neither necessary nor sufficient that the act

be indispensable to the causation of harm
-examples:
a.) driving an ammunition truck The delivery by a civilian truck
driver of ammunition to an active
firing position at the front line
would almost certainly have to be
regarded as an integral part of
ongoing combat operations and,
therefore, as direct participation in
hostilities. Transporting
ammunition from a factory to a
port for further shipping to a
storehouse in a conflict zone, on
the other hand, is too remote from
the use of that ammunition in
specific military operations to
cause the ensuing harm directly.
b.) voluntary human shields Where civilians voluntarily and
deliberately position themselves to
create a physical obstacle to
military operations of a party to the
conflict, they could directly cause
the threshold of harm required for
a qualification as direct
participation in hostilities.
Conversely, in operations involving
more powerful weaponry, such as
artillery or air attacks, the presence
of voluntary human shields often
has no adverse impact on the
capacity of the attacker to identify
and destroy the shielded military
objective.
3. Belligerent Nexus an act must be specifically designed to directly
cause the required threshold of harm in support of a party to the conflict
and to the detriment of another.

members of armed forces

(in broad sense)
take a direct part in hostilities
have the right to take a direct part in
hostilities (but have the obligation to
observe IHL)
May not be punished for their mere
participation in hostilities
Are protected when they no longer
participate:
if they have fallen into the power of
the enemy
if wounded, sick or shipwrecked
if parachuting out of an aircraft in
distress
are protected against some means
and methods of warfare even while
fighting

Full Complementarity
2 types of Combatants in war zone:
1. Lawful combatant a person who commits belligerent acts, and, when
captured, is treated as a POW.
2. Unlawful combatant someone who commits belligerent acts but
does not qualify for POW status under GCIII Articles 4 and 5.
Constitutive Elements of Direct Participation in Hostilities
- when a civilian can be considered as directly participating in hostilities
1. Threshold of Harm
- a specific act must be likely to adversely
affect the military operations or military capacity of a party to an armed
conflict or, alternatively, to inflict death, injury, or destruction on persons
or objects protected against direct attack
-examples: killing and wounding of military
personnel, sabotage and other armed or unarmed
activities restricting or disturbing deployments,
logistics and communication
- the refusal of a civilian to collaborate with a party
to the conflict as an informant, scout or lookout
would not reach the required threshold of harm
regardless of the motivations underlying the
refusal
- in the absence of military harm, the threshold can
also be reached where an act is likely to inflict
death, injury, or destruction on persons or objects
protected against direct attack
2. Direct Causation - a direct causal link between a specific act and the
harm likely to result either from that act, or from a coordinated military
operation of which that act constitutes an integral part.
-the harm in question must be brought about in
one causal step

- contrary to intent, belligerent nexus relates to the

objective purpose of the act
-example: if civilians block a road in order to
facilitate the withdrawal of insurgent forces by
delaying the arrival of governmental armed forces
- as a general rule, harm caused (a) in individual
self-defence or defence of others against violence
prohibited under IHL, (b) in exercising power or
authority over persons or territory, (c) as part of
civil unrest against such authority, or (d) during
inter-civilian violence lacks the belligerent nexus

required for a qualification as direct participation in

hostilities.
Fundamental Obligation of Combatants to Distinguish themselves from
Civilian population
Rule 106, CIHL Combatants must distinguish themselves from the civilian
population while they are engaged in an attack or in a military operation
preparatory to an attack. If they fail to do so, they do not have the right to
prisoner-of-war status.
Art. 44 (3), Protocol I In order to promote the protection of the civilian
population from the effects of hostilities, combatants are obliged to
distinguish themselves from the civilian population while they are engaged
in an attack or in a military operation preparatory to an attack.
Recognizing, however, that there are situations in armed conflicts where,
owing to the nature of the hostilities an
armed combatant cannot so distinguish himself, he shall retain his status
as a combatant, provided that, in such situations, he carries his arms
openly:
(a) during each military engagement, and
(b) during such time as he is visible to the adversary while he is
engaged in a military deployment preceding the launching of an
attack in which he is to participate.
Acts which comply with the requirements of this paragraph shall not be
considered as perfidious
VI. Combatants and Prisoners of war

3. a member of another armed group[Protocol I, Art. 43] who is:

- under a command responsible to a party to the
international armed conflict
- subject to an internal disciplinary system
- on condition that he/she respects, individually, at the time
of his/her capture the obligation to distinguish
himself/herself from the civilian population:[Protocol I,
Art.44]
> usually, while engaged in an attack or a military
operation preparatory to
an attack, by a clearly visible item of clothing;
> in exceptional situations (e.g. occupied
territories, national liberation
wars) by carrying his/her arms openly:
during each military engagement, and
as long as he/she is visible to the enemy
while engaged in a military deployment
preceding the launching of an attack in
which he/she is
to participate.
[CIHL, Rule 3] All members of the armed forces of a party to the conflict are
combatants, except medical and religious personnel.
CIHL, Rule 4. The armed forces of a party to the conflict consist of all
organized armed forces, groups and units which are under a command
responsible to that party for the conduct of its subordinates.
4. Levee en mass
[GC III, Art.4 (A)(6)]
Inhabitants of a non-occupied territory, who on the
approach of the enemy spontaneously take up arms to resist the invading
forces, without having had time to form themselves into regular armed
units, provided they carry arms openly and respect the laws and customs
of war.

Who are combatants

A. Entitled to Prisoner of war status
A combatant is either:
1. a member of the armed forcesstricto sensu (in a strict sense) of a
party to an international armed conflict:
- respecting the obligation to distinguish himself/herself
from the civilian population [GC III, Art. 4(A)(1) a]
2. a member of another armed group [GC III, 4(A)(2)]:
- belonging to a party to the international armed conflict,
- fulfilling, as a group, the following conditions:
a) operating under responsible command
b) wearing a fixed distinctive sign
c) carrying arms openly
d) respecting IHL
- individually respecting the obligation to distinguish
himself/herself from the civilian population

5. Saboteurs in Uniform
-Persons operating behind the lines of enemy to commit acts of destruction
-they are combatants and are entitled to POW status if captured
B. Not entitled to Prisoner of War Status
1. Spies
[CIHL, Rule 107] Combatants who are captured while engaged in espionage
do not have the right to prisoner-of-war status. They may not be convicted
or sentenced without previous trial.
[Protocol I, Art. 46]
Any member of the armed forces of a Party to the
conflict who falls into the power of an adverse Party while engaging in
espionage shall not have the right to the status of prisoner of war and may
be treated as a spy.

[Hague Regs, Art.30] A spy who, after rejoining the army to which he
belongs, is subsequently captured by the enemy, is treated as a prisoner of
war, and incurs no responsibility for his previous acts of espionage.
Espionage gathering or attempting to gather information in territory
controlled by an adverse party through an act undertaken on false
pretense.
2. Saboteurs not in uniform
- civilian saboteurs; not protected and liable and to be treated as spies
3. Mercenaries
[Protocol I, Art. 47 (2)]
A mercenary is any person who:
(a) is specially recruited locally or abroad in order to fight in an
armed conflict;
(b) does, in fact, take a direct part in the hostilities;
(c) is motivated to take part in the hostilities essentially by the
desire for private gain and, in fact, is promised, by or on behalf of a
Party to the conflict, material compensation substantially in excess
of that promised or paid to combatants of similar ranks and
functions in the armed forces of that Party;
(d) is neither a national of a Party to the conflict nor a resident of
territory controlled by a Party to the conflict;
(e) is not a member of the armed forces of a Party to the conflict;
and
(f) has not been sent by a State which is not a Party to the conflict
on official duty as a member of its armed forces.

Any combatant who falls into the power of an adverse party shall be a
prisoner of war.
Violation of rules shall not deprive a combatant of his right to be a
combatant or, of his right to be a prisoner of war
Exception: did not distinguish themselves from the civilian
population while they are engaged in an attack or in a military
operation preparatory to an attack or if former not possible, did not
carry his arms openly:
(a) during each military engagement, and
(b) during such time as he is visible to the adversary while
he is engaged in a military deployment preceding the
launching of an attack in which he is to participate.
Despite failure to meet requirements aforementioned and thus not entitled
to POW status, he shall still be given protections equal to those accorded
to prisoners of war by the Third Convention and by this Protocol. ( tried and
punished for any offences he has committed)
Any combatant who falls into the power of an adverse Party while not
engaged in an attack or in a military operation preparatory to an attack
shall not forfeit his rights to be a combatant and a prisoner of war by virtue
of his prior activities.
Presumption of Combatant and POW status
[Protocol I, Art. 45]

[CIHL, Rule 108] Mercenaries, as defined in Additional Protocol I, do not

have the right to combatant or prisoner-of-war status. They may not be
convicted or sentenced without previous trial.
Terrorists IHL is only applicable once terrorist acts are committed within
framework or as part of armed conflicts.
Members of Private Military and Security Companies
-in the fields of logistics, security, intelligence gathering and protection of
persons, objects and transports
-normally do not fall under the very restrictive definition of mercenaries in
IHL. Most of them are not de jure or de facto incorporated into the armed
forces of a party and are therefore not combatants but civilians

Presumed a POWuntil such time as his status has been determined by a

competent tribunal.
2. If a person who has fallen into the power of an
adverse Party is not held as a prisoner of war and
is to be tried by that Party for an offence arising
out of the hostilities, he shall have the right to
assert his entitlement to prisoner-of-war status
before a judicial tribunal and to have that question
adjudicated.

Who are Prisoners of War

[CIHL, Rule 106]
Combatants must distinguish themselves
from the civilian population while they are engaged in an attack or in a
military operation preparatory to an attack. If they fail to do so, they do not
have the right to prisoner-of-war status.
[Based from Protocol I, Art.44]

1. A person who takes part in hostilities and falls

into the power of an adverse party shall be
presumed to be a prisoner of war if:
-he claims the status of prisoner of war
-he appears to be entitled to such status
-if the Party on which he depends claims
such status on his behalf by notification to
the detaining Power or to the Protecting
Power.

[GC III, Article 5]

Should any doubt arise as to whether persons,

having committed a belligerent act and having
fallen into the hands of the enemy, belong to any
of the categories enumerated in Article 4 (POWs),

such persons shall enjoy the protection of the

present Convention until such time as their status
has been determined by a competent tribunal.
Treatment of POWs
a) protected as prisoners of war as soon as they fall into the power of the
adverse party
b.) including in exceptional circumstances
[Protocol I, Art. 41(3)] When persons entitled to protection as prisoners of
war have fallen into the power of an adverse Party under unusual
conditions of combat which prevent their evacuation as provided for in Part
III, Section I, of the Third Convention, they shall be released and all feasible
precautions shall be taken to ensure their safety.
c.) no transfer to a power which is unwilling or unable to respect
Convention III
[GC III, Art. 12]
Prisoners of war may only be transferred by the
Detaining Power to a Power which is a party to the Convention and after
the Detaining Power has satisfied itself of the willingness and ability of
such transferee Power to apply the Convention.
d.) respect for their allegiance towards the power on which they depend
e.) no punishment for participation in hostilities
f.) rules on treatment during internment
[pertinent rules from GC III, Arts 12-81 and CIHL, Rules 118-123 and 127]
- Women and children in separate units.
- Persons deprived of their liberty must be held in premises which are
removed from combat zones
- Persons deprived of their liberty provided with adequate food, water,
clothing ,shelter and medical attention
- Pillage of personal belongings of persons deprived of liberty is prohibited
- Personal details of persons deprived of liberty must be recorded
- for International armed conflicts ICRC must be granted regular access;
for non-international armed conflicts ICRC may offer its services to parties
- Persons deprived of their liberty must be allowed to correspond with their
families
- Persons deprived of their liberty must be allowed to receive visitors as
practicable

POW deemed successfully escaped when he:

(1) has joined the armed forces of the Power on which he depends,
or those of an allied Power;
(2) has left the territory under the control of the Detaining Power,
or of an ally of the said Power;
(3) has joined a ship flying the flag of the Power on which he
depends, or of an allied Power, in the territorial waters of the
Detaining Power, the said ship not being under the control of the
last named Power.
If recaptured: must thereafter be handed over to competent military
authority
POWs successful escape - not liable to any punishment in respect of their
previous escape
POWS unsuccessful escape - liable only to a disciplinary punishment in
respect of this act (even if it is a repeated offense); subject to special
surveillance
Escape or attempt to escape, even if it is a repeated offence, shall not be
deemed an aggravating circumstance if the prisoner of war is subjected to
trial by judicial proceedings in respect of an offence committed during his
escape or attempt to escape.
Transmission of Information
a) capture cards (to be sent to the family and the Central Tracing Agency) upon capture, or not more than one week after arrival at a camp [GC III,
Art. 70]
b) notification (to the power of origin through the Central Tracing Agency)
c) correspondence - POWs allowed to send and receive letters and cards. If
the Detaining Power deems it necessary to limit the number, then shall not
be less than two letters and four cards monthly. [GC III, Art. 71]; Persons
deprived of their liberty must be allowed to correspond with their families,
subject to reasonable conditions relating to frequency and the need for
censorship by the authorities. [Rule 125, CIHL]
Monitoring by outside mechanisms

g.) rules on penal and disciplinary proceedings must have fair trial
affording all essential judicial guarantees

1. Protecting Powers
2. ICRC (International Committee of the Red Cross)

h.) punishment for acts committed prior to capture

[GC III, Art. 85] Prisoners of war prosecuted under the laws of the Detaining
Power for acts committed prior to capture shall retain, even if convicted,
the benefits of the present Convention.

[GC III, Art. 126]

Representatives or delegates of the Protecting
Powers shall have permission to:
-go and have access to all premises occupied by
POWs
-interview POWs
- visit POWs (duration and frequency must not be
restricted)

i.) limits to punishment for escape

[Based on GC III, Arts 91-94]

The delegates of the International Committee of

the Red Cross shall enjoy the same prerogatives.

Any articles of value impounded from prisoners of war and any foreign
currency which has not been converted into the currency of the Detaining
Power, shall be restored to them; despatched to the Information Bureau

Repatriation of POWs
1. During hostilities [GC III, Art. 109-110] - bound to send back to their own
country, regardless of number or rank, seriously wounded and seriously
sick prisoners of war, after having cared for them until they are fit to travel
a) medical cases
b) agreements between the parties
Repatriated direct:

Prisoners of war shall be allowed to take with them their personal effects,
and any correspondence and parcels which have arrived for the; each
POW, authorized to carry at least 25 kilograms.
Prisoners of war against whom criminal proceedings for an indictable
offence are pending may be detained until the end of such proceedings,
and, if necessary, until the completion of the punishment. The same shall
apply to prisoners of war already convicted for an indictable offence.

(1) Incurably wounded and sick whose mental or physical fitness seems to
have been gravely diminished.
(2) Wounded and sick who, according to medical opinion, are not likely to
recover within one year, whose condition requires treatment and whose
mental or physical fitness seems to have been gravely diminished.
(3) Wounded and sick who have recovered, but whose mental or physical
fitness seems to have been gravely and permanently diminished.

When do active hostilities end? By agreement of the countries;

Agreement on the Cessation of Hostilities for purposes of Art. 118 [Case
No. 160, Eritrea/Ethiopia, Partial Award on POWs]

Accommodated in a neutral country:

[Based on GC 1-2, Article 12]

(1) Wounded and sick whose recovery may be expected within one year of
the date of the wound or the beginning of the illness, if treatment in a
neutral country might increase the prospects of a more certain and speedy
recovery.
(2) Prisoners of war whose mental or physical health, according to medical
opinion, is seriously threatened by continued captivity, but whose
accommodation in a neutral country might remove such a threat.

They shall be treated humanely and cared for by the Party to the conflict
in whose power they may be, without any adverse distinction founded on
sex, race, nationality, religion, political opinions, or any other similar
criteria.

The conditions which prisoners of war accommodated in a neutral country

must fulfill in order to permit their repatriation shall be fixed, as shall
likewise their status, by agreement between the Powers concerned. In
general, prisoners of war who have been accommodated in a neutral
country, and who belong to the following categories, should be repatriated:
(1) Those whose state of health has deteriorated so as to fulfill the
condition laid down for direct repatriation;
(2) Those whose mental or physical powers remain, even after treatment,
considerably impaired.
2. At the end of active hostilities [Based on GC III, Arts 118-119] POWS
must be released and repatriated without delay after the cessation of
active hostilities
The costs of repatriation of prisoners of war shall in all cases be equitably
apportioned between the Detaining Power and the Power on which the
prisoners depend.

3. Internment in neutral countries (supra, Art. 110 GC III)

VII. Protection of the Wounded, Sick and Shipwrecked

Only urgent medical reasons will authorize priority in the order of

treatment to be administered.
Women shall be treated with all consideration due to their sex.
[Based on Customary IHL Rules 109-111]
109 - Parties must search for, collect and evacuate the wounded, sick and
shipwrecked without adverse distinction.
110 - Parties must protect the wounded, sick and shipwrecked against illtreatment and against pillage of their personal property.
111 - They must receive the medical care and attention required by their
condition. No distinction may be made among them other than medical
ones.
1. Beneficiaries provided they refrain from any act of hostilities
a.) military personnel [GC 1 & 2, Art. 13]
b.) [extension to] civilians
Protocol I (4) (a) "Wounded" and "sick" mean persons,
whether military or civilian, who, because of trauma,
disease or other physical or mental disorder or disability,
are in need of medical assistance or care and who refrain
from any act of hostility; (b) "Shipwrecked" means persons,
whether military or civilian, who are in peril at sea or in
other waters as a result of misfortune affecting them or the

vessel or aircraft carrying them and who refrain from any

act of hostility.
2. Respect
3. Protection
4. Care
a.) equal treatment CIHL Rule 110; GC 1&2 Art.12, supra
b.) evacuation CIHL Rule 109, supra; GC 1&2 Art.15
If wounded, sick or shipwrecked persons are taken on
board a neutral warship or a neutral military aircraft, it
shall be ensured, where so required by international law,
that they can take no further part in operations of war.
Medical and Religious Personnel
1. Definition
a) military (permanent or temporary) medical personnel
GC I, Arts 24-25; GC II, Arts 36-37
-those exclusively engaged in search, collection, transport
or treatment, prevention of disease, administration of
medical units; including chaplains
- those specially trained for employmentas hospital
orderlies, nurses or auxiliary stretcher-bearerscarrying out
these duties at the time when they come into contact with
the enemy
-those in ships and their crews
-those assigned to the medical or spiritual care of the
persons
b) civilian medical personnel assigned by a party to the conflict
GC IV, Art. 20; P I, Art. 8
- regularly and solely engaged in the operation and
administration of civilian hospitals, including the those in
the search for, removal and transporting of and caring for
wounded and sick civilians, the infirm and maternity cases
c) religious personnel attached to the armed forces or medical
units
P I, Art. 8
- military or civilian persons, such as chaplains, who are
exclusively engaged in the work of their ministry and
attached to armed forces and medical units
d) medical personnel made available by third States or
organizations (ICRC) to a party to the conflict
P I, Art. 8
-those assigned, by a Party to the conflict, exclusively to
the medical purposes enumerated or to the administration
of medical units or to the operation or administration of
medical transports

e) personnel of a National Society recognized and specifically

authorized by a party to the conflict
GC I, Art. 26; GC II, Art. 24; P I, Art. 8
-staff of National Red Cross Societies and that of other
Voluntary Aid Societies, duly recognized and authorized by
their Government
-Hospital ships utilized by National Red Cross Societies, by
officially recognized relief societies or by private persons
2. Protection
a) on the battlefield (including inhabitants of the combat zone)
a.1) may not be attacked
GC I, Arts 24-25; GC II, Arts 36-37; P I, Arts 15-16 - supra
[CIHL, Rules 25 and 30]
Rule 25 - Medical personnel exclusively assigned to
medical duties must be respected and protected in
all circumstances. They lose their protection if they
commit, outside their humanitarian function, acts
harmful to the enemy.
Rule 30 - Attacks directed against medical and
religious personnel and objects displaying the
distinctive emblems of the Geneva Conventions in
conformity with international law are prohibited.
a.2) may perform medical duties in conformity with
medical ethics
b.) once in enemy hands
GC I, Arts 28-32
Art. 28 - retained only in so far as the state of health, the
spiritual needs and the number of prisoners of war require;
not POWs; not required to perform any work outside their
medical or religious duties
Art. 29 military medical personnel shall be POWs but shall
be employed on their medical duties in so far as the need
arises.
Art. 30 if retention is not indispensable, shall be returned
to the Party to the conflict to whom they belong; not POWs
Art. 31 - selection of personnel for return shall be made
irrespective of any consideration of race, religion or
political opinion, but preferably according to the
chronological order of their capture and their state of
health
Art. 32 societies of neutral countries may not be
detained; with permission to return to their country, or if
this is not possible, to the territory of the Party to the
conflict in whose service they were; pending their release,
they shall continue their work under the direction of the
adverse Party
b.1) immediate repatriation
b.2) employment caring for prisoners of war
c) under control of the enemy

P I, Arts 15-16 [CIHL, Rule 26] - Punishing a person for

performing medical duties compatible with medical ethics
or compelling a person engaged in medical activities to
perform acts contrary to medical ethics is prohibited.
c.1) right to perform their medical mission
c.2) right not to perform acts contrary to medical ethics
c.3) right to confidentiality in patient relationships (medical
privilege), except as required by the law of their party
3. Duties of medical personnel
a) no direct participation in hostilities
they may be armed, but only with light weapons
and may only use them for their own defense of for that
of the wounded and sick under their care
b) respect for medical ethics
c) give care without discrimination
d) respect principle of neutrality
e) identification
Protection of Medical Goods and Objects ( including hospitals and
ambulances)
1. Protection
[Based on CIHL Rules 28 and 29]
Medical units and transports exclusively assigned for medical
purposes must be respected and protected. Protection is loss if
being used outside their humanitarian function, to commit acts
harmful to the enemy.
[CIHL Rule 30]
Attacks directed against medical and religious personnel and
objects displaying the distinctive emblems of the Geneva
Conventions in conformity with international law are prohibited.
[Based on Art.19, GC I]
- Fixed and mobile medical units of the Medical Service
cannot be attacked.
- If with the hands of adverse party, their personnel shall
be free to pursue their duties, as long as the adverse party
has not itself ensured the necessary care of the wounded
and sick found therein
- Medical establishments and units must be situated far as
possible so attacks against military objectives cannot
imperil their safety.
[Based on Art. 35, GC I]
- Transports of wounded and sick or medical equipment
shall be protected like mobile medical units.
- If with hands of adverse party, subject to the laws of war,
on condition that the adverse party must ensure the care
of the wounded and sick they contain.

2. Loss of Protection
- When they are used to commit, outside their humanitarian duties,
acts harmful to the enemy. But protection will cease only after: (1)
a due warning and if unheeded,(2) naming a reasonable time limit
[Based on Article 21, GC I]
The following shall NOT be considered to deprive protection of
medical unit:
[Based on Art. 22, GC I]
a.) personnel are armed, using them the defense of
themselves or of the wounded and sick in their charge.
b.) unit is protected by a picket or by sentries or by an
escortin the absence of armed orderlies
c.) found small arms and ammunition from the wounded
and sick and not yet handed to the proper service
d.)foundveterinary service personnel and material not
forming an integral part thereof
e.) humanitarian activities of units or of personnel extend
to the care of civilian wounded or sick
Possible Constitution of Hospital, Safety and Neutralized Zones
[Based on GC I, Art. 23]
- who may establish in their own territory hospital safety and
neutralized zones:
a.) high contracting parties in times of peace
b.) parties to the conflict after outbreak of hostilities
-upon the outbreak and during the course of hostilities, parties may
conclude agreements on mutual recognition of zones they have
created.
- Protecting Powers and the International Committee of the Red
Cross are invited to lend their good offices in order to facilitate the
institution and recognition of these hospital zones and localities
[GC IV, Art. 15]
-any party to the conflict may propose to the adverse party to
establishneutralized zones intended to shelter the:
(a) wounded and sick combatants or non-combatants;
(b) civilian persons who take no part in hostilities, and who, while
they reside in the zones, perform no work of a military character.
-a written agreement (fixing the beginning and duration of the
neutralization zone) shall be concluded and signed by the representatives
of the parties
[GC IV, Art. 14 is repetition of GC I, Art. 23; CIHL 28 and 29, supra]

The Emblem of the Red Cross/Crescent/Crystal

-originally 4 together with Red Lion and Sun; currently 3
1. Three Distinctive Signs
[GC I, Art. 38] As a compliment to Switzerland, the heraldic
emblem of the red cross on a white ground, formed by
reversing the Federal colors, is retained as the emblem and
distinctive sign of the Medical Service of armed forces.
Nevertheless, in the case of countries which already use as
emblem, in place of the red cross, the red crescent or the red
lion and sun on a white ground, those emblems are also
recognized by the terms of the present Convention.
2. Technical Means of Identification
[Based on P I, Annex I, Art. 5]
- displayed on a flat surface, on flags or in any other way
appropriate so that it is visible from many directions and from as
far as possible, and in particular from the air
- lighted or illuminated when displayed at night or reduced visibility
- made of materials which make it recognizable by technical means
of detecting; red part should be painted on top of black primer
paint for infrared identification
- medical and religious personnel carrying out their duties shall
wear headgear and clothing with the distinctive emblem

- medical units under hands of the enemy shall not fly any
flag other than that of the Convention
-units belonging to neutral countries authorized to lend
their services to a belligerent shall fly, along with the flag
of the Convention, the national flag of that belligerent, as
well as its own national flag
[Article 53]
- use by other than those entitled thereto under the
present Convention, of the emblem or the designation "Red
Cross" or "Geneva Cross", or any sign or designation
constituting an imitation thereof, whatever the object of
such use, and irrespective of the date of its adoption, shall
be prohibited at all times
-use by private individuals, societies or firms, of the arms
of the Swiss Confederation, or of marks constituting an
imitation thereof, whether as trademarks or commercial
marks, or as parts of such marks, or for a purpose contrary
to commercial honesty, or in circumstances capable of
wounding Swiss national sentiment, shall be prohibited
[Article 54]
The High Contracting Parties shall, if their legislation is not
already adequate, take measures necessary for the
prevention and repression, at all times, of the abuses
referred to under Article 53.
[CIHL, Rule 30, supra]

3. Protective Use
4. Indicative use
a) to distinguish medical personnel and units
b) to be displayed with the permission and under the control of the
competent authority
c) may be used at all times by the ICRC and the International
Federation
[Based on GC I, Arts 39-43 and 53-54]
- displayed on the flags, armlets and on all equipment
employed in the Medical Service
- permanent personnel, auxiliary personnel, societies of
neutral countries must wear, affixed to the left arm, a
water-resistant armlet bearing the distinctive emblem,
issued and stamped by the military authority; also carry
identity cards with emblem
- auxiliary personnel must wear while carrying out medical
duties, a white armlet bearing in its center the distinctive
sign in miniature
- distinctive Convention flag hoisted only over such medical
units that are entitled to be respected under the
Convention with the consent of the military authorities
- in mobile and fixed units, Convention flag may be
accompanied by the national flag of the Party to the
conflict to which the unit belongs.

[ Based on GC I, Art. 44]

Emblem of Red Cross/Crescent/Crystal on a white ground and the words
"Red Cross", or "Geneva Cross" may not be employed only to indicate or to
protect the medical units and establishments, the personnel and material
National Red Cross Societies may, in time of peace, in accordance with
their national legislation, make use of the name and emblem of the Red
Cross for their other activities which are in conformity with the principles
laid down by the International Red Cross Conferences.
The international Red Cross organizations and their duly authorized
personnel shall be permitted to make use, at all times, of the emblem of
the Red Cross on a white ground.
The emblem of the Convention may be employed in time of peace to
identify vehicles used as ambulances and to mark the position of aid
stations exclusively assigned to the purpose of giving free treatment to the
wounded or sick.
5. Repression of abuse and misuse supra, Art. 53-54, GC I

Provisions on the Dead and Missing

1. Relationship between the dead and the missing
2. Obligation to identify dead bodies and notify deaths
[Based on GC I, Article 16]
- record as soon as possibleany particulars which may
assist in identification; these may include: designation of
the Power on which he depends; army, regimental,
personal or serial number; surname; first name or names;
date of birth; any other particulars shown on his identity
card or disc; date and place of capture or death; particulars
concerning wounds or illness, or cause of death.
[CIHL, Rule 112 and 116]
-Whenever circumstances permit, and particularly after an
engagement, each party to the conflict must, without
delay, take all possible measures to search for, collect and
evacuate the dead without adverse distinction.
-With a view to the identification of the dead, each party to
the conflict must record all available information prior to
disposal and mark the location of the graves.
3. Obligation to search for persons reported missing
[Based on PI, Art. 33]
- record the information specified for those who are
detained, imprisoned or otherwise held in captivity for
more than two weeks, or those who died during any period
of detention
- search for and the recording of information concerning
such persons if they have died in other circumstances as a
result of hostilities or occupation
- at the latest from the end of active hostilities, search for
the persons who have been reported missing by an
adverse Party who must also transmit all relevant
information concerning such persons in order to facilitate
such searches
[CIHL Rule 117]
Each party to the conflict must take all feasible measures
to account for persons reported missing as a result of
armed conflict and must provide their family members with
any information it has on their fate.
3. Treatment of Remains
a) respect
[Based on GC I, Art. 15]
-at all times, especially after an engagement, must
search for and collect the wounded and sick, to
protect them against pillage and ill-treatment, to
ensure their adequate care, and to search for the
dead and prevent their being despoiled
[Based on PI, Art. 34]
-(1) remains of persons who have died for reasons
related to occupation or have died as a result of
hostilities shall be respected; gravesites of all such

persons shall be respected, maintained and

marked
-(2) as soon as circumstances permit, parties shall
conclude agreements to:
a) facilitate access to the gravesites by
relatives and by representatives of official
graves registration services and to regulate
the practical arrangements for such
access;
(b) to protect and maintain such gravesites
permanently;
(c) to facilitate the return of the remains of
the deceased and of personal effects to the
home country upon request
-(3) if the home country or such deceased is not
willing to arrange the maintenance of such
gravesites, the High Contracting Party in whose
territory the gravesites are situated may offer to
facilitate the return of the remains of the deceased
to the home country; if offer has not been
accepted, after the expiry of five years from the
date of the offer and upon due notice to the home
country, the High Contracting Party may adopt the
arrangements laid down in its own laws relating to
cemeteries and graves
- (4) high constracting party where grave is
situatedshall be permitted to exhume the remains
only:
(a) in accordance with paragraphs 2 (c) and
3, or
(b) where exhumation is a matter or
overriding public necessity
[Based on CIHL, Rule 113]
-prevent the dead from being despoiled
-mutilation of dead bodies is prohibited
b) decent burial
[Based on GC I, Art. 17]
- ensure that: (1) the dead are honorably interred,
if possible according to the rites of the deads
religion; (2) graves are respected, grouped if
possible according to the nationality of the
deceased (3) graves properly maintained and
marked
[P I, Art. 34(1), supra]
[CIHL, Rule 115]
- The dead must be disposed of in a respectful
manner and their graves respected and properly
maintained.
c) marking of gravesites
d) access to gravesites
e) agreements on the return of remains

[P I, Art. 34(2) and (4), supra]

Transmission of Information
1. Recording of information
GC I, Art. 16; supra
[GC II, Art. 19]
-same as GC I, Art. 16
2. Notification (to the power of origin through the Central Tracing Agency)
GC I, Art. 16; GC II, Art. 19, supra
3. Transmission of death certificate and belongings (to the next-of-kin
through the Central Tracing Agency)
GC I, Art. 16; GC II, Art. 19, supra
[CIHL, Rule 114]
- Parties to the conflict must endeavor to facilitate the
return of the remains of the deceased upon request of the
party to which they belong or upon the request of their
next of kin. They must return their personal effects to them
VII. Protection of Civilians
1) Part II: rules benefiting all civilians
2) Part III: rules benefiting protected persons (as defined in GC IV, Art. 4)
a) Section II: rules protecting foreigners on a partys own (= nonoccupied) territory
b) Section III: rules applicable to occupied territory
c) Section I: rules common to the enemys own and occupied
territories
d) Section IV: rules protecting civilian internees in the enemys own
and occupied territories
Occupied territory - applies as soon as civilians fall into enemys hands
outside the enemys own territory
Attacks - means acts of violence against the adversary, whether in offense
or in defense
Rules Benefiting all civilians
a) aid and relief
b) special protection of women
-principle of non-discrimination: same protection as men, and must
not be discriminated against
-principle of protection: protected against any attack on sexual
integrity, ( rape, enforced prostitution or indecent assault) ICTR
and ICC included rape and other sexual forms of violence in list of
war crimes
-grounds for preferential treatment: (1) pregnant women or
maternity cases (2) mothers of children under seven years of age
c) special protection of children
-afforded special protection because of their vulnerability
-prevent participation of children in hostilities
- Prohibition of Recruitment: Age Threshold

Protocols I & II; Art. 38 of the Convention on the

Rights of the Child 15 y.o
Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in
armed conflict 18 y.o
Exception: voluntary enrolment of persons
under 18 into military schools
-If they participate in the hostilities and captured, still benefit from
preferential treatment
- If they members of armed forces, they benefit from combatant
and prisoner-of-war status
-military necessity as a restriction to violence even against
legitimate targets - arrest rather than kill such children whenever
possible
d) special protection of journalists
[CIHL, Rule 34] - Civilian journalists engaged in professional
missions in areas of armed conflict must be respected and
protected as long as they are not taking a direct part in hostilities.
[Based on Protocol I, Art. 79]
1. Journalists engaged in dangerous professional missions
in areas of armed conflict shall be considered as civilians.
2. Protected if they take no action adversely affecting their
status as civilians
3. May obtain identity card
- even when used for propaganda purposes, media cannot be
considered as military objectives except in special cases (used for
military purposes or to incite war crimes, genocide or acts of
violence)
e) restoring family links
[CIHL, Rule 125] Persons deprived of their liberty must be allowed
to correspond with their families, subject to reasonable conditions
relating to frequency and the need for censorship by the
authorities.
[Based on Protocol I, Art. 32] activities of High Contracting Parties
must be prompted by the right of families to know the fate of their
relatives
[Based on GC IV, Art. 70] - every prisoner of war shall be enabled
to write direct to his family; cards to inform family of his capture,
address, health
f.) fundamental guarantees
[Based on PI, art. 75]
- respect the person, honour, convictions and religious
practices
- prohibited at any time and in any place whatsoever:
(a) violence to the life, health, or physical or
mental well-being of persons, in particular: (i)
murder; (ii) torture of all kinds, whether physical or
mental; (iii) corporal punishment; (iv) mutilation;
(b) outrages upon personal dignity, in particular
humiliating and degrading treatment, enforced
prostitution and any form of indecent assault;

(c) the taking of hostages;

(d) collective punishments; and
(e) threats to commit any of the foregoing acts.
-right to be informed why such measures were taken;
except for detention for penal offences, such persons shall
be released with the minimum delay possible and when
circumstances that justify arrest have ceased
- conviction must be pronounced by an impartial and
regularly constituted court respecting the generally
recognized principles of regular judicial procedure, which
include the following:
(a) be informed without delay of the particulars of
the offense alleged against him and shall afford all
necessary rights and means of defense;
(b) convicted only upon basis of individual penal
responsibility;
(c) no one shall be accused or convicted of a
criminal offence for act or omission which did not
constitute as a crime under law he was subject at
the time of commission; nor shall a heavier penalty
be imposed than what was applicable at the time
of commission; if, after the commission, the law
imposes a lighter penalty, the offender shall
benefit thereby
(d) presumed innocent until proved guilty
according to law;
(e) right to be tried in his presence;
(f) no one shall be compelled to testify against
himself or to confess guilt;
(g) right to examine, or have examined, the
witnesses against him and to obtain the
attendance and examination of witnesses on his
behalf under the same conditions as witnesses
against him;
(h) no one shall be prosecuted or punished by the
same Party for an offence in respect of which a
final judgment acquitting or convicting that person
has been previously pronounced under the same
law and judicial procedure;
(i) right to have the judgement pronounced
publicly; and
(j) a convicted person shall be advised on
conviction or his judicial and other remedies and of
the time-limits within which they may be exercised
- Women held in quarters separated from mens quarters;
whenever possible, be held in the same place and
accommodated as family units
- Persons who are arrested, detained or interned shall enjoy
the protection provided by this Article until their final

release, repatriation or re-establishment, even after the

end of the armed conflict
- to avoid any doubt concerning the prosecution and trial of
persons accused of war crimes or crimes against humanity,
the following principles shall apply:
(a) persons who are accused be submitted for the
purpose of prosecution and trial in accordance with
the applicable rules of international law; and
(b) any such persons who do not benefit from more
favorable treatment under the Conventions or this
Protocol shall be accorded the treatment provided
by this Article, whether or not the crimes of which
they are accused constitute grave breaches of the
Conventions or of this Protocol.
-No provision of this Article may be construed as limiting or
infringing any other more favourable provision granting
greater protection
Rules on Protected Civilian
Protected civilians - those who, at a given moment and in any manner
whatsoever, find themselves, in case of a conflict or occupation, in the
hands of a Party to the conflict or Occupying Power of which they are not
nationals. [GC IV, Art. 4.]
a) Foreigners on a partys own territory: basically the rules protecting
foreigners in peacetime remain applicable
[Based on GC IV, Art. 38]
The situation of protected persons shall continue to be regulated,
in principle, by the provisions concerning aliens in time of peace.
The following rights shall be granted to them:
(1) receive the individual or collective relief sent to them.
(2) receive medical attention and hospital treatment to the
same extent as the nationals
(3) practise their religion and to receive spiritual assistance
from ministers of their faith
(4) move from dangerous area to the same extent as the
nationals
(5) preferential treatment to children below 15, pregnant
women and mothers of children under 7
b) right to leave
[Based on GC IV, Arts 35-37 and 48]
Art. 35 those who desire to leave may be entitled to do so,
UNLESS their departure is contrary to the national interests of the
State.
Art. 37 During their confinement must be treated humanely
Art. 48 - Protected persons who are not nationals of the Power
whose territory is occupied may avail themselves of the right to
leave the territory
c) humane treatment
[ Based on GC IV, Art. 27]

-respected for their persons, honor, family rights, religious

convictions and practices, and their manners and customs.
- humanely treated and protected against all acts of
violence or threats thereof and against insults and public
curiosity
- women shall be especially protected against any attack
on their honor, in particular against rape, enforced
prostitution, or any form of indecent assault
-HOWEVER: Parties to the conflict may take such measures
of control and security in regard to protected persons as
may be necessary as a result of the war.
[CIHL, Rule 87] - Civilians and persons hors de combat must be
treated humanely.
d) forced labour
[Based on GC IV, Arts 40, 51 and 95]
Art. 40 - may be compelled to work only to the same
extent as nationals; must have same benefits,
working conditions and safeguards
- if are from enemy nationality, may only be
compelled to do work that is normally necessary
for feeding, sheltering, clothing, transport and
health of human beings not directly related to the
conduct of military operations
Art. 51 - may not compel to serve in the armed or auxiliary
forces; no pressure or propaganda permitted
- cannot be compelled to work unless they are over
18, and work must be necessary either for the
needs of the army of occupation, or for the public
utility services, or for the feeding, sheltering,
clothing, transportation or health of the population
of the occupied country.
- be paid fair wage and work must be proportionate
to physical and intellectual capacities
Art. 95 - not employ internees as workers, unless they so
desire; after 6 weeks of work shall be free to give
up work at any moment
- employment on work which is degrading or
humiliating are prohibited
-notwithstanding the abovementioned, detaining
power may still employ medical personnel and
those in administrative or maintenance work
-conditions and wages must not be inferior to those
of in the same district
e) prohibition of collective punishment
[GC IV, Art. 33]
-No protected person may be punished for an offence he or
she has not personally committed. Collective penalties and
likewise all measures of intimidation or of terrorism are
prohibited.

-Pillage is prohibited.
-Reprisals against protected persons and their property are
prohibited.
[CIHL, Rule 103] - Collective punishments are prohibited
Collective punishment - is a form of retaliation whereby a suspected
perpetrator's family members, friends, acquaintances, sect, neighbours or
entire ethnic group is targeted
f) visits by the Protecting Power and by the ICRC
[Based on GC IV, Arts 9-10, 30 and 143]
Art. 9 - Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst their
own nationals or the nationals of other neutral Powers. The
said delegates shall be subject to the approval of the Power
with which they are to carry out their duties.
Art. 10 there shall be no obstacle to the humanitarian
activities of International Committee of the Red Cross or
any other impartial humanitarian organization, subject to
consent of Parties to conflict
Art. 30 - Protected persons shall have every facility for
making application to the Protecting Powers, ICRC and
National Red Cross Societies
Art. 143 may go to all places where protected persons
are; have access to all premises occupied by protected
persons; may interview the latter without witnesses,
personally or through an interpreter; may only be
prohibited in cases of imperative military necessity
[CIHL, Rule 124 A] - In international armed conflicts, the ICRC must
be granted regular access to all persons deprived of their liberty in
order to verify the conditions of their detention and to restore
contacts between those persons and their families.
g) if interned: civilian internees
[Based on GC IV, Arts 41-43, 68 and 78-135]
- internment if only security makes it absolutely necessary
-internees entitled to have such action reconsidered as soon as
possible by an appropriate court or administrative board
- decision of internment: individual administrative decision
-reasons for internment: imperative security reasons; not
punishment
- treatment of civilian internees
[Based on CIHL, Rules 118-123 and 125-127]
118 - Persons deprived of their liberty must be provided
with adequate food, water, clothing, shelter and medical attention.
119 - Women must be held in quarters separate from those
of men, except in the case of family units - must be under
the immediate supervision of women
120 - Children must be held in quarters separate from
those of adults, except in the case of family units
121 - must be held in premises removed from the combat
zone and which safeguard their health and hygiene.
122 - Pillage of the personal belongings is prohibited.

123 - personal details must be recorded.

125 - allowed to correspond with their families, subject to
reasonable conditions relating to frequency and the need
for censorship by the authorities
126 - allowed to receive visitors, especially near relatives,
to the degree practicable
127 - personal convictions and religious practices must be
respected
-release of civilian internees
[Based on CIHL, Rule 128 B] - Civilian internees must be
released
Earliest: as soon as the reasons which necessitated
internment no longer exist
Latest: as soon as possible after the close of active
hostilities
Possible derogation
[Based on GC IV, Art. 5]
-from substantive rights on a partys own territory if
suspected of or engaged in activities hostile to the security
of the State
- from communication rights in occupied territory if
detained as a spy or saboteur, or as a person under
definite suspicion of activity hostile to the security
-in any case, humane treatment and judicial guarantees
are non-derogable
VIII. Refugees and Displaced Persons in International
Humanitarian Law
Displaced Persons
Civilians fleeing WITHIN
their own country

Refugees
Those who fled FROM their
country

1. Displaced persons fleeing within their own country because of an armed

conflict
a) protection by IHL
-prohibition of population displacements
-same protection as other civilians
-instruments:
a. Document No. 26 African Union, Convention
for the Protection and Assistance of Internally
Displaced Persons in Africa
b. Document No. 56 Guiding Principles on Internal
Displacement
2. Persons fleeing into a third country because of an armed conflict
a) protected by the OAU Convention, the 1984 Cartagena
Declaration and
UN General Assembly Resolutions
b) protected by IHL if
-the third country is the adverse party in an international
armed conflict

[GC IV Art. 44] Detaining Power shall not treat as

enemy aliens exclusively on the basis of their
nationality (de jure) of an enemy State, refugees
who do not, in fact, enjoy the protection of any
government.
-third country is affected by another armed conflict.
[GC IV Art. 70 (2)] Nationals of the occupying
Power who, before the outbreak of hostilities have
sought refuge in the territory of the occupied State,
shall not be arrested, prosecuted, convicted or
deported from the occupied territory, except for
offenses committed after the outbreak of hostilities
which, according to the law of the occupied State,
would have justified extradition in time of peace.
3. Persons fleeing persecution: protected by IHL if the third country is
subsequently affected by an armed conflict
GC IV, Art. 70(2); P I, Art. 73, supra
a) on a partys own territory: protected persons on the grounds of
their nationality (but GC IV, Art. 44)
b) on occupied territory:
-protected persons on the grounds of their nationality
-if nationals of the occupying power:
protected by GC IV, Art. 70(2)
protected persons under P I, Art. 73
Loss of protection
a) committed a crime against peace, a war crime, or a crime
against humanity
b) committed a serious non-political crime outside the country of
refuge prior to his admission to that country as a refugee
c) guilty of acts contrary to the purpose and principles of the UN
[Convention of the Status of Refugee Art. 1
(F)]
Principle of Non-refoulement
- In no circumstance shall a protected person be transferred to a
country where he or she may have reason to fear persecution for
his or political opinions or religious beliefs.
(Geneva Convention IV Art. 45)
Return of Refugees and displaced persons at the end of the conflict
A. Displaced persons
1. Duty of competent authorities to establish the conditions and
provide means for their return
2. Refugees and displaced persons must also endeavour or help
the authorities in the management of their return
3. No discrimination of displaced persons.
(UN Guiding Principles on Internal Displacement)

B. Conditions for the return

1. Detaining Power may transfer protected persons only to a power
which is party to the convention; if satisfied with willingness and
ability
2. If that Power fails to carry out the provisions of the convention,
Detaining power shall request the return of protected persons.
(GV IV Art. 45)
Protected persons
a) nationals of the occupied power
b) nationals of third States (except of co-belligerent States)
c) refugees, even if they are nationals of the occupying power
[GC IV, Art. 4]
Protected:
1. Non-nationals of a Party to the conflict or Occupying
Power
Not protected while the State of which they are nationals has normal
diplomatic representation in the State in whose hands they are:
1. Nationals of a State not bound by the Convention
2. Nationals of a neutral State in the territory of a
belligerent State
3. Nationals of a co-belligerent State.
Legal Order of an occupied territory
1) the principle concerning legislation: occupying powers must leave local
legislation in force
2) exceptions to the prohibition of occupying power to legislate
a) to ensure its security.
b) those essential for the implementation of IHL.
c) those essential for the implementation of International Human
Rights Law.
d) to maintain public order
3. Special rules on criminal law [Based on GC IV, art. 64,65,67,70]
a) penal laws in force are applied by existing local tribunals
b) legislation introduced by the occupying power are:
-non-retroactive
- prosecution of offences committed before the occupation
- competent military tribunals
- detailed judicial guarantees
Protection of persons deprived of liberty
1) the principle: unlike combatants, civilians may not be deprived of their
liberty
2) indicted or convicted persons with judicial guarantees; humane
treatment, handing over to local authorities after occupation
3) civilian internees
for imperative reasons of security
individual administrative decision
possibility of appeal
if possible, review every six months
4) re-interned POWs
Protection o Private Property

a) rights covered by the concept of property: broader in common

law than in civil law traditions
b) prohibition of pillage
[CIHL, Rule 52] Pillage is prohibited
[GC IV Art. 33] same
c) prohibition of confiscation of private property
[CIHL, Rule 51 (c)] In an occupied territory, private property
must be respected and may not be confiscated; except
where destruction or seizure of such property is required
by imperative military necessity.
d) limited admissibility of requisitions
Specific Prohibitions
1. Deportations
Individual or mass forcible transfers, as well as deportations of
protected persons from occupied territory of the Occupying power
or to that of any other country, occupied or not, are prohibited
regardless of motive.
(GV Art. 49(1))
2. Transfer of the occupying powers own population
Occupying power shall not deport or transfer parts of its own civilian
population into the territory it occupies.
(GV Art. 49(6))
3. Destruction of Property
-except when rendered absolutely necessary by military operations
Expulsion
To forcibly remove a person
from his State of
residence/nationality
Pertains to Refugee

Force Displacement
Forcibly remove a person
from his home to another
place WITHIN the State
Pertains to Displaced
persons

Administration of an Occupied Territory

1. responsibility for public order and safety (la vie et lordre publics)
2. taxation [HR, Art. 48,49,51]
- in accordance with the rules of assessment and incidence in
force, must defray the expenses of the administration of the
occupied territory in the same way the legitimate Government was
so bound
-if the occupant levies other money contributions in the occupied
territory, this shall only be for the needs of the army or of the
administration of the territory
n-o contribution shall be collected except under a written order,
and on the responsibility of a commander-in-chief; receipts must be
issued
3. administration of public policy
[CIHL, Rule 51 (a) and (b)]
(a) movable public property that can be used for military
operations may be confiscated;

(b) immovable public property must be administered

according to the rule of usufruct;
4. respect for status of civil servants
Transmission of Information (supra)
a) internment cards (to be sent to the family and to the Central Tracing
Agency)
[GC IV, Art. 106]
b) notification (to the power of origin through the Central Tracing Agency)
[GC IV, Arts 136-138, 140]
c) correspondence
[GC IV, Art. 107]
IX. Conduct of Hostilities
Protection of the Civilian Population against the effects of hostilities
Basic Rule Art. 48, Protocol I
must always distinguish between the civilian population and
combatants and between civilian objects and military
objectives and accordingly shall direct their operations only
against military objectives.
- Rule 7, CIHL
The parties to the conflict must at all times distinguish between
civilian objects and military objectives. Attacks may only be
directed against military objectives. Attacks must not be directed
against civilian objects.
Legitimate object of states during war: to weaken the military forces of the
enemy
Field of Application
[PI, Art.49]
1. Acts of Violence in Defense and Offense;
2. No matter where, including attacks on partys own territory held by
enemy control
3. Attacks from land, air or sea affecting civilian population on land
Principles
a) only military objectives may be attacked
b) even attacks directed at military objectives are prohibited if the
expected incidental effects on the civilian population are excessive
c) even when an attack directed at a military objective is not
expected to have excessive effects on the civilian population, all
feasible precautionary measures must be taken to minimize those
effects
Military Obectives
[CIHL, Rule 8]
are limited to those objects which by their nature, location,
purpose or use make an effective contribution to military action
and whose partial or total destruction, capture or neutralization, in
the circumstances ruling at the time, offers a definite military
advantage.
[Based on PI, Art. 52(2)]

Two (2) Criteria for object to be military objective:

(1) nature, location, purpose, use;
(2) destruction, capture or neutralization has to offer a
definite military advantage for the attacking side
Civilian Population
[Based on PI, Art.50]
Civilian population comprises all persons who are civilians.
Civilian - any person who does not belong to (mine:
combatants) one of the categories of persons referred to in
Article 4 A (1), (2), (3) and (6) of the Third Convention and
in Article 43 of this Protocol.
In case of doubt, that person shall be considered to be a
civilian.
A combatant in civilian population does not deprive the
population of its civilian character.
Prohibited Attacks
1. Civilian population;
CIHL Rule 2 - Acts or threats of violence the primary
purpose of which is to spread terror among the civilian
population are prohibited.
2. Civilian Objects;
CIHL, Rule 10 - Civilian objects are protected against
attack, unless and for such time as they are military
objectives.
3. Indiscriminate Attacks
CIHL, Rule 11 Indiscriminate attacks are prohibited
CIHL, Rule 12
-attacks not directed at a specific military objective
-use of weapons which cannot be directed at a
specific military objective
-treating different military objectives as a single
military objective
-principle of proportionality
[CIHL, Rule 14] - Launching an attack which
may be expected to cause incidental loss
of civilian life, injury to civilians, damage to
civilian objects, or a combination thereof,
which would be excessive in relation to the
concrete and direct military advantage
anticipated, is prohibited.
The harm caused to civilians or civilian
property must be proportional and not
excessive in relation to the concrete and
direct military advantage anticipated by an
attack on a military objective.

also covers reasonably foreseeable

incidental effects
4. Reprisals against civilians or civilian objects
[P I, Art. 51(6) and 52(1)]
Art. 51 (6) - Attacks against the civilian population or
civilians by way of reprisals are prohibited.
Art. 52 (1) - Civilian objects shall not be the object of attack
or of reprisals.
Loss of protection
The concept of direct participation in hostilities and its consequences
[PI, Art. 51 (3) and CIHL, Rule 6]
Civilians shall enjoy the protection afforded by this section, unless
and for such time as they take a direct part in hostilities.
Who is covered as a civilian by the rule prohibiting the attacks
International armed conflicts - everyone who is not a combatant
Exception: if he or she takes a direct part in hostilities
Non-international armed conflicts - persons taking no active part in the
hostilities, including members of the armed forces who have laid down
their arms or otherwise hors de combat.
Proviso: must first take additional actions to disengage from
combat
The civilian population is not to be used to shield military objectives
[CIHL, Rule 97] The use of human shields is prohibited
[P I, Art. 51(70] The Parties to the conflict shall not direct the
movement of the civilian population or individual civilians in order
to attempt to shield military objectives from attacks or to shield
military operations.
Test: Whether the intermingling between civilian and combatant
and/or military objectives is the result of defenders specific
intention to obtain protection for its military forces or objectives
or simply lack of care for the civilian population?
Status of human shields
Involuntary remain civilians
Voluntary controversial, but it is submitted that still entitled to protection
because the theory considering voluntary human shields as civilians
directly participating in hostilities is self-defeating. If it were correct, the
presence of human shields would not have any legal impact on the ability
of the enemy to attack the shielded objective but an act which cannot
have any impact whatsoever upon the enemy cannot possibly be classified
as direct participation in hostilities
Protected Objects
1. Civilian objects
[CIHL, Rule 9] Civilian objects are all objects that are not military
objectives.

[ Based on PI, Art. 52(1)] Those that are not by their nature,
location, purpose or use make an effective contribution to military
action and whose total or partial destruction, capture or
neutralization, in the circumstances ruling at the time, offers a
definite military advantage.
2. Specially protected objects
a) cultural objects - movable or immovable property of great
importance to the cultural heritage of every people
[Based on PI, Art. 53]
- historic monuments, works of art or places of worship
which constitute the cultural or spiritual heritage of
peoples
-immunity may only be
waived in cases of imperative military necessity
-military necessity - as no choice is possible between such
use of the cultural property and another feasible method
for obtaining a similar military advantage
b) objects indispensable to the survival of the civilian population
-water
[CIHL, Rule 53] The use of starvation of the civilian
population as a method of warfare is prohibited.
[CIHL, Rule 54] Attacking, destroying, removing or
rendering useless objects indispensable to the survival of
the civilian population is prohibited.
c) works and installations containing dangerous forces
[CIHL, Rule 42] Particular care must be taken if works and
installations containing dangerous forces, namely dams,
dykes and nuclear electrical generating stations, and other
installations located at or in their vicinity are attacked, in
order to avoid the release of dangerous forces and
consequent severe losses among the civilian population.
d) medical equipment
3. Natural environment
[PI, Art. 35(3)] It is prohibited to employ methods or means of
warfare which are intended, or may be expected, to cause
widespread, long-term and severe damage to the natural
environment.
[Based on CIHL, Rule 44-45]
44
Methods and means of warfare must be employed
with due regard to the protection and preservation
of the natural environment.
All feasible precautions must be taken to
avoid and minimize incidental damage to the
environment.
Lack of scientific certainty as to the effects does
not absolve a party to the conflict from taking such
precautions.
45 The use of methods or means of warfare that are
intended, or may be expected, to cause
widespread, long-term and severe damage to
the natural environment is prohibited.

Destruction of the natural environment may not be

used as a weapon.
Precautionary Measures in attack
a) an attack must be cancelled if it becomes apparent that it is a prohibited
one
[CIHL, Rule 19] Each party to the conflict must do everything
feasible to cancel or suspend an attack if it becomes apparent that
the target is not a military objective or that the attack may be
expected to cause incidental loss of civilian life, injury to civilians,
damage to civilian objects, or a combination thereof, which would
be excessive in relation to the concrete and direct military
advantage anticipated.
b) advance warning must be given, unless circumstances do not permit
[CIHL, Rule 20] Each party to the conflict must give effective
advance warning of attacks which may affect the civilian
population, unless circumstances do not permit.
c) when a choice is possible, the objective causing the least danger to the
civilian population must be selected
[CIHL, Rule 21] When a choice is possible between several military
objectives for obtaining a similar military advantage, the objective
to be selected must be that the attack on which may be expected
to cause the least danger to civilian lives and to civilian objects.
d) additional obligations of those who plan or decide on an attack
[Based on CIHL, Rules 16 and 17]
-Verify that objective is not illicit;
-Choose means and methods avoiding or minimizing
civilian losses;
-Refrain from attacks causing disproportionate civilian
losses.
Precautionary Measures against the effects of attack
The Parties to the conflict shall, to the maximum extent feasible: [CIHL,
Rules 22-24]
(a) endeavour to remove the civilian population, individual civilians
and civilian objects under their control from the vicinity of military
objectives;
(b) avoid locating military objectives within or near densely
populated areas;
(c) take the other necessary precautions to protect the civilian
population, individual civilians and civilian objects under their
control against the dangers resulting from military operations.
Presumptions
PI, Art. 50(1) - In case of doubt whether a person is a civilian, that
person shall be considered to be a civilian.
PI, Art. 52 (3) - In case of doubt whether an object which is
normally dedicated to civilian purposes, such as a place of worship,
a house or other dwelling or a school, is being used to make an

effective contribution to military action, it shall be presumed not to

be so used.
Zones created to protect war victims against the effects of hostilities
[CIHL, Rule 35-37]
- Directing an attack against a zone established to shelter the
wounded, the sick and civilians from the effects of hostilities is
prohibited
-Directing an attack against a demilitarized zone agreed upon
between the parties to the conflict is prohibited.
-Directing an attack against a non-defended locality is prohibited.
a) Hospital and Safety zones and localities GC IV, Art. 14
Categories of Protected Persons:
Specific Categories of Civilians: wounded, sick, aged persons,
children under 15, expectant mothers and mothers of children
under 7 years old
Modality of Creation: Written agreement between the parties or
unilateral declaration with the recognition of the opposing parties
Characteristic:
Location: Distant from the Front
Time-Frame: Durable
Markings: Oblique red bands on white ground
b) Neutralized zones GC IV, Art .15
Categories of Protected Persons: All civilians who do not take part
in the hostilities and the wounded and sic combatants
Modality of Creation: Written agreement between the parties
Characteristic:
Location: Inside the combat zone
Time-Frame: provisional
Markings: to be defined
c) Non-defended localities PI, Art. 59
Categories of Protected Persons: Civilian population (in its place of
residence)
Modality of Creation: Notification to the opposing Party (or ad hoc
agreement if not all conditions satisfied)
Characteristic:
Location: Near or inside the combat zone; Open to
occupation; Military personnel and equipment evacuated
Markings: to be agreed upon by the parties
d) Demilitarized zone PI, Art. 60
Categories of Protected Persons: Civilian population (in its place of
residence)
Modality of Creation: Express agreement
Characteristic:
Location: prohibition to extend military operations to such
zones
Markings: to be agreed upon by the parties
e) Neutralized zone (non-international) GC I, Article 3 (3)
Categories of Protected Persons: Civilian population
Modality of Creation: Agreement between the parties; Practice of
the ICRC

Characteristic: By analogy with the principles of GC IV, Art. 15

Markings: Red Cross emblem (if under authority of the ICRC)
Civil Defense
[PI, Art. 61]
- means the performance of some or all of the undermentioned
humanitarian tasks intended to protect the civilian population
against the dangers, and to help it to recover from the immediate
effects, of hostilities or disasters and also to provide the conditions
necessary for its survival. These tasks are:
(i) warning;
(ii) evacuation;
(iii) management of shelters;
(iv) management of blackout measures;
(v) rescue;
(vi) medical services, including first aid, and religious
assistance;
(vii) fire-fighting;
(viii) detection and marking of danger areas;
(ix) decontamination and similar protective measures;
(x) provision of emergency accommodation and supplies;
(xi) emergency assistance in the restoration and
maintenance of order in distressed areas;
(xii) emergency repair of indispensable public utilities;
(xiii) emergency disposal of the dead;
(xiv) assistance in the preservation of objects essential for
survival;
(xv) complementary activities necessary to carry out any of
the tasks mentioned above, including, but not limited to,
planning and organization;
-matriel" of civil defense organizations means equipment,
supplies and transports used by these organizations for the
performance of the tasks above mentioned
[PI, Art. 62]
- CD orgs and personnel shall be respected and protected; entitled
to perform their tasks except in case of imperative military
necessity
- also applies to civilians who, although not members of civilian
civil defense organizations, respond to an appeal from the
competent authorities and perform civil defense tasks under their
control
[PI, Art. 63]
-occupying power shall:
- not change the structure or personnel of such
organizations in any way which might jeopardize the
efficient performance
- not compel, coerce or induce civilian civil defense
organizations to perform their tasks in any manner
prejudicial to the interests of the civilian population.
-may disarm civil defense personnel for reasons of security

-shall neither divert from their proper use nor requisition

buildings or ' matriel ' belonging to or used by civil
defense organizations if such diversion or requisition would
be harmful to the civilian population
[PI, Art. 64]
-occupying Power may only exclude or restrict the activities of
civilian civil defense if it can ensure the adequate performance of
civil defense tasks from its own resources or those of the occupied
territory
[PI, Art. 65]
Protection to civil defense shall not cease, unless they
commit or are used to commit, outside their proper tasks,
acts harmful to the enemy.
Protection may, however, cease only after a warning has
been given setting, whenever appropriate, a reasonable
time-limit, and after such warning has remained unheeded.
These acts are not harmful to the enemy:
(a) tasks are carried out under the direction or
control of military authorities;
(b) civilian civil defense personnel co-operate with
military personnel in the performance of civil
defense tasks, or that some military personnel are
attached to civilian civil defense organizations;
(c) that the performance of civil defense tasks may
incidentally benefit military victims, particularly
those who are ' hors de combat '
(d) civilian civil defense personnel bear light
individual weapons for the purpose of maintaining
order of for self-defense.
[PI, Art. 66]
civil defense organizations, their personnel, buildings
and ' matriel', are identifiable while they are
exclusively devoted to the performance of civil defense
tasks
[PI, Art. 67] Members of armed forces/ military in civil defense
orgs
- Members of the armed forces and military units assigned
to civil defense organizations shall be respected and
protected, provided that:
(a) permanently assigned and exclusively devoted
to the performance of any of the civil defense tasks
mentioned
(b) do not perform any other military duties during
the conflict;
(c) clearly distinguishable from the other members
of the armed forces by prominently displaying the
international distinctive sign of civil defense

(d) equipped only with light individual weapons for

the purpose of maintaining order or for selfdefense.
(e) do not participate directly in hostilities, and do
not commit, or are not used to commit, outside
their civil defense tasks, acts harmful to the
adverse Party;
(f) their civil defese tasks only within the national
territory of their Party.
-if they fall into the power of an adverse Party, be prisoners
of war ; may be employed on civil defense tasks in so far
as the need arises
- buildings and major items of equipment and transports of
military units assigned to civil defense organizations shall
be clearly marked
- ' matriel ' and buildings of military units permanently
assigned to civil defense organizations and exclusively
devoted to the performance of civil defense tasks shall, if
they fall into the hands of an adverse Party, remain subject
to the laws of war.
Means and Methods of warfare
[PI, Art. 35]
1. The right to choose methods or means of warfare is not
unlimited.
2. It is prohibited to employ weapons, projectiles and material and
methods of warfare of a nature to cause superfluous injury or
unnecessary suffering.
Prohibited or Restricted Use of Weapons
a) explosive bullets [CIHL, Rule 78] - The anti-personnel (to incapacitate people) use of
bullets which explode within the human body is prohibited.
b) dum-dum bullets - designed to expand on impact, sometimes
as much as twice the diameter. This will slow the bullet down and
more of its kinetic energy will be transferred to the target, creating
a larger wound channel.
[CIHL, Rule 77] - The use of bullets which expand or flatten easily
in the human body is prohibited.
c) certain conventional weapons
-mines
[CIHL Rules 80-83]
-use of booby-traps which are in any way attached
to or associated with objects or persons entitled to
special protection or with objects that are likely to
attract civilians is prohibited
-when landmines are use, particular care to
minimize indiscriminate effects
-record their placement as far as possible

-at the end of active hostilities, must be removed,

render harmless to civilians, or facilitate the
removal
-incendiary weapons - designed to start fires or destroy
sensitive equipment using fire
(CIHL, Rules 84-85]
-particular care must be taken to avoid, and in any
event to minimize, incidental loss of civilian life,
injury to civilians and damage to civilian objects
-anti-personnel use of incendiary weapons is
prohibited, unless it is not feasible to use a less
harmful weapon to render a person hors de
combat.
-non-detectable fragments not detectable by Xrays
[CIHL, Rule 79]
-The use of weapons the primary effect of which is
to injure by fragments which are not detectable by
X-rays in the human body is prohibited.
-blinding weapons
[CIHL, Rule 86] cause permanent blindness
-The use of laser weapons that are specifically
designed, as their sole combat function or as one
of their combat functions, to cause permanent
blindness to unenhanced vision is prohibited.
- explosive remnants of war - unexploded shells, grenades,
bombs, etc. left behind after a conflict.
-cluster munitions - air-dropped or ground-launched
explosive weapon that releases or ejects smaller
submunitions.
-other weapons for which limitations are under discussion
+light weapons
+anti-vehicle weapons
+ fragmentation weapons
d) chemical weapons
[CIHL, Rule 74-76]
-The use of chemical weapons is prohibited.
-The use of riot-control agents (tear-gas) as a method of
warfare is prohibited.
-The use of herbicides as a method of warfare is prohibited
if they are:
a) of a nature to be prohibited chemical weapons;
b) of a nature to be prohibited biological weapons;
c) are aimed at vegetation that is not a military
objective;
d) would cause incidental loss which may be
expected to be excessive in relation to the
concrete and direct military advantage anticipated;
or
e) would cause widespread, long-term and severe
damage to the natural environment.
e) poison

[CIHL, Rule 72] The use of poison or poisoned weapons is

prohibited.
f) Bacteriological and Biological Weapons
[CIHL, Rule 73] - The use of biological weapons is
prohibited.
g) Nuclear Weapons
h) New Means and Method
[PI, Art. 36] - In the study, development, acquisition or
adoption of a new weapon, means or method of warfare, a
High Contracting Party is under an obligation to determine
whether its employment would, in some or all
circumstances, be prohibited by this Protocol or by any
other rule of international law applicable to the High
Contracting Party.
Prohibited methods of warfare
a) giving or ordering no quarter
[PI, Art. 40] - It is prohibited to order that there shall be no
survivors, to threaten an adversary therewith or to conduct
hostilities on this basis.
b) Perfidy
[PI, Art.37] Acts inviting the confidence of an adversary to
lead him to believe that he is entitled to, or is obliged to
accord, protection under the rules of international law applicable
in armed conflict, with intent to betray that confidence, shall
constitute perfidy. The following acts are examples of perfidy - the
feigning of:
(a) intent to negotiate under a flag of truce or of a
surrender;
(b incapacitation by wounds or sickness;
(c) civilian, non-combatant status; and
(d) protected status by the use of signs, emblems or
uniforms of the United Nations or of neutral or other States
not Parties to the conflict.
-Ruses of war are not prohibited.
- acts which are intended to mislead an adversary or to
induce him to act recklessly but which infringe no rule of
international law applicable in armed conflict and which are not
perfidious because they do not invite the confidence of an
adversary with respect to protection under that law.
The following are examples of such ruses:
(a) camouflage
(b) decoys
(c) mock operations
(d) misinformation.
-Wearing of enemy uniform

[PI, Art 39(2)] - It is prohibited to make use of the flags or

military emblems, insignia or uniforms of adverse Parties
while engaging in attacks or in order to shield, favor,
protect or impede military operations.
c) Starvation of civilians
[CIHL, Rule 53] - The use of starvation of the civilian population as
a method of warfare is prohibited.
International Humanitarian Law and Humanitarian Assistance
Principles:
1. Starvation of Civilians: a prohibited method of warfare
[CIHL, Rule 53]
2. The right of civilian population to be assisted
[CIHL, Rules 55-56]
-the parties to conflit must allow and facilitate rapid and
unimpeded passage of humanitarian relief for civilians in
need
-must ensure the freedom of movement of authorized
humanitarian relief personnel essential to the exercise of
their functions.
Exception: only in imperative military necessity
may their movements be temporarily restricted.
3. The belligerents bear primary responsibility
4. Medical assistance may benefit civilians or combatants
Definition and Characteristics of humanitarian assistance [CIHL, Rule 55]
supra
Rules of Treaty Law
1) The starting point: Art. 23 of GC IV
a) addressed to all High Contracting Parties, not only the parties
to the conflict
b) limitations
-with regard to the beneficiaries
-with regard to the kind of assistance
-conditions
2) in occupied territories: Art. 59 of GC IV: occupying power has an
obligation to accept relief
3) A broad right to assistance: Art. 70 of PI and Art. 18 (2) of PII
-but subject to the consent of the State concerned
-the condition on which a belligerent may make its agreement to
humanitarian assistance contingent
-the obligation of the state to give consent
4) Protection of those providing humanitarian assistance
5) The protection of water supplies and water engineers