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2. Compare and contrast jus ad bellum International humanitarian law, or jus in bello,
and jus in bello. is the law that governs the way in which
warfare is conducted. IHL is purely
humanitarian, seeking to limit the suffering
caused. It is independent from questions
about the justification or reasons for war, or
its prevention, covered by jus ad bellum.
The clear distinction between jus in bello and
jus ad bellum is comparatively recent. The
terms did not become common in debates
and writings about the law of war until a
decade after World War II. The concepts they
cover certainly did feature in legal debate
before then, but without the clear distinction
the adoption of the terms has brought about.
The purpose of international humanitarian
law is to limit the suffering caused by war by
protecting and assisting its victims as far as
possible. The law therefore addresses the
reality of a conflict without considering the
reasons for or legality of resorting to force. It
regulates only those aspects of the conflict
which are of humanitarian concern. It is what
is known as jus in bello (law in war). Its
provisions apply to the warring parties
irrespective of the reasons for the conflict and
whether or not the cause upheld by either
party is just.
The ius ad bellum (law on the use of force) or
ius contra bellum (law on the prevention of
war) seeks to limit resort to force between
States. Under the UN Charter, States must
refrain from the threat or use of force against
the territorial integrity or political
independence of another state (Art. 2, para.
4). Exceptions to this principle are provided in
case of self-defence or following a decision
adopted by the UN Security Council under
chapter VII of the UN Charter.
In the case of international armed conflict, it
is often hard to determine which State is
guilty of violating the United Nations Charter.
The application of humanitarian law does not
involve the denunciation of guilty parties as
that would be bound to arouse controversy
and paralyse implementation of the law, since
each adversary would claim to be a victim of
aggression. Moreover, IHL is intended to
protect war victims and their fundamental
rights, no matter to which party they belong.
That is why jus in bello must remain
independent of jus ad bellum or jus contra
bellum.
3. Who are the persons protected by International humanitarian law protects a
IHL? wide range of people during armed conflict.
The Geneva Conventions and their Additional
Protocols protect the sick, wounded and
shipwrecked not taking part in hostilities,
prisoners of war and other detained persons,
as well as civilians.
a. Murder;
b. Extermination;
c. Enslavement;
f. Torture;
i. Enforced disappearance of
persons;
• wilful killing;
• torture or inhuman treatment, including
biological experiments;
• wilfully causing great suffering or serious
injury to body or health;
• extensive destruction or appropriation of
property, not justified by military necessity
and carried out unlawfully and wantonly;
• compelling a prisoner of war or other
protected person to serve in the forces of a
hostile Power;
• wilfully depriving a prisoner of war or other
protected person of the rights of a fair and
regular trial;
• unlawful deportation or transfer;
• unlawful confinement;
• taking of hostages.
Sources:
Coalition for the International Criminal Court (n.d.) Crimes of Aggression. Retrieved from
http://www.coalitionfortheicc.org/explore/icc-crimes/crime-aggression
Diakonia (2013, October 30). Sources of International Humanitarian Law. Retrieved from
https://www.diakonia.se/en/IHL/The-Law/International-Humanitarian-Law-1/Introduction-to-
IHL/Sources-of-international-law/
International Committee of the Red Cross (2015, January 22). What is the difference between
IHL and human rights law? Retrieved from https://www.icrc.org/en/document/what-difference-
between-ihl-and-human-rights-law
International Committee of the Red Cross (2010, October 29). IHL and Human Rights Law.
Retrieved from https://www.icrc.org/eng/war-and-law/ihl-other-legal-regmies/ihl-human-
rights/overview-ihl-and-human-rights.htm
International Committee of the Red Cross (2010, October 29). Persons protected under IHL.
Retrieved from https://www.icrc.org/eng/war-and-law/protected-persons/overview-protected-
persons.htm
International Committee of the Red Cross (2004, July). Advisory Service on International
Humanitarian Law. Retrieved from https://www.icrc.org/eng/assets/files/other/what_is_ihl.pdf
International Committee of the Red Cross (n.d.). IHL Database. Retrieved from https://ihl-
databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule156
Sandoz, Y. (1998, December 31). The International Committee of the Red Cross as guardian of
international humanitarian law. Retrieved from
https://www.icrc.org/eng/resources/documents/misc/about-the-icrc-311298.htm
United Nations Office on Genocide Prevention and the Responsibility to Protect (n.d.). Crimes
Against Humanity. Retrieved from http://www.un.org/en/genocideprevention/crimes-against-
humanity.html