Law 111 Public International Law

GILBERT R. HUFANA
Professor

International
Humanitarian Law
 War

• A sustained struggle by armed forces of a

certain intensity between groups of certain
size, consisting of individuals who are
armed, who wear distinctive insignia and
who are subjected to military discipline
under responsible command.
 Legality of War under UN

• The use of armed force is allowed under the UN

Charter only in case of individual or collective
self-defense, or in pursuance of a decision or
recommendation of the SC to take forcible action
against an aggressor.
• As Self-Defense – the use of force in self-
defense is permitted only while the SC has not
taken the necessary measures to maintain or
restore international peace and security.
International Humanitarian Law
(IHL)
• The law of armed conflict, a legal framework
applicable to situations of armed conflict.
• It defines the conduct and responsibilities of
belligerent nations, neutral nations and
individuals engaged in warfare, in relation to
each other and to protected persons.
• It regulates the conduct of actual conflict (jus in
bello) as distinguished from laws providing for
the instances of the lawful resort to force (jus ad
bellum).
 International Humanitarian Law
(IHL)
• Developed to limit the effects of armed conflict and
in part the restrictions of permissible means and
methods of warfare.
• It is part of International Criminal Law and deals
with breaches of international rules on the laws of
armed conflict entailing the personal liability of the
individuals concerned, as opposed to the
responsibility of the State which is covered by
Public International Law proper.
 Commencement

• It was customary to notify an intended war by

letters of defiance, herald, or preliminary
warning by declaration or ultimatum.
• 1907 2nd Hague Conference – The contracting
States recognized that hostilities between them
ought not to commence without previous and
unequivocal warning which might take the form
of either:
– a declaration of war giving reasons;
– an ultimatum with a conditional declaration of war.
 IHL Treaties
• 1949 Geneva Conventions
– Sick and wounded soldiers
– Shipwreck sailors
– Prisoners of war
– Civilians
• Protocol I (International Armed conflict)
• Protocol II (Non- International Armed conflict)
• Protocol III
 IHL Treaties signed by PH

• Protocol for the Prohibition of the Use of

Asphyxiating, Poisonous or Other Gases and
Bacteriological Methods of Warfare
• The Convention on Treatment of Prisoners of
War
• International Bill of rights
• Protocol on Blinding Laser Weapons
• Protocol on Non-Detectable Fragments
 Common Article

• Persons taking no active part in the hostilities

including members of the armed forces who
have laid down their arms, and – xxx – hors de
combat by sickness, wounds detention or any
other cause shall in all circumstances be treated
humanely, without any adverse distinction
founded on race, color, religion, or faith, sex,
birth or wealth or any other criteria
 When IHL will not apply

• IHL applies only to international armed conflicts

• It does not cover internal tensions or
disturbances such as isolated acts of violence
• The law only applies when a conflict has begun
and then equally to all sides regardless of who
started the fighting.
• International Armed Conflict – at least two states
are involved
• Non-international armed conflict – restricted only
to the territory of a single state
 What does IHL cover?

• IHL covers two areas:

1. The protection of those who are not, or no longer,
taking part in the fighting;

2. Restrictions on the means of warfare – in particular

weapon – and the methods of warfare, such as
military tactics.
 Suspension of Arms

• It is the temporary cessation of hostilities

by agreement of the local commanders for
such purposes as the gathering of the
wounded and the burial of the dead.
 Armistice

• It is the suspension of all hostilities within

a certain area (local) or in the entire region
of the war (general) agreed upon by the
belligerent governments, usually for the
purpose of arranging terms of peace.
 Ceasefire

• It is the unconditioned stoppage of

hostilities by order of an international body
like the Security Council for the purpose of
employing peaceful means of settling the
conflict.
 Truce

• Sometimes use interchangeably with

armistice, but is now understood to refer to
a ceasefire with conditions attached.
 Capitulation

• It is the surrender of military troops, forts

or districts in accordance with the rules of
military honor.
 Termination

• by simple cessation of hostilities, without the

conclusion of a formal treaty of peace – since no
formal treaty of peace is concluded, the
problems concerning ownership of property
which have changed hands during the course of
the war are generally settled by the application
of the rule of uti possidetis.
 Termination

• by a treaty of peace – this is the usual method of

terminating war. It may be a negotiated peace
treaty. Or a peace treaty thru a dictated treaty.

• by unilateral declaration – if the war results in

the complete defeat or unconditional surrender
of a belligerent the formal end of the war
depends on the decision of the victor.
The Law on War (International Humanitarian Law)

END OF LECTURE