The Main Sources of International Humanitarian Law

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Table of Contents

Introduction
The Four Geneva Conventions of 1949
Hague Conventions of 1907
Customary International Law
Counterargument
Conclusion
References

Introduction

International humanitarian law (IHL) is a set of regulations and rules limiting armed conflicts’ global impact. These laws shield people who are not or are no longer directly or actively taking part in wars (International Committee of the Red Cross, 2022). Further, they restrict the means and methods of hostilities in various regions. Its composition is primarily made up of treaties, customary international law, and general principles. IHL primarily regulates the conduct of parties involved in any armed dispute through the provisions that explain when any nation can take up arms against the other. It prevents the use of force except in self-defense and cases where the UN Security Council sanctions the war. IHL stresses the distinction between combatants and non-combatants (International Law of Armed Conflicts, n.d.).

However, the weakness of IHL is that it is only applicable in armed conflict rather than in all situations involving human rights. It is possible to state that the Geneva Conventions of 1949, the Hague Treaties of 1907, and customary international law are the main IHLs, and they accuse violence against civilians and non-combatants.

The Four Geneva Conventions of 1949

The Geneva Conventions are treaties debated and ratified in Geneva between 1864 and 1949. Additional protocols were approved in 1977, and they ease the impact of wars on soldiers and civilians. Its provisions include immunity and the treatment of wounded and sick soldiers and their personnel (Shaw, 2022). They do not seem to discourage war, contrary to the UN Charter article 2(4), which requires all members to refrain from using force on other nations (International Law of Armed Conflicts, n.d.). Geneva 1 discussed immunity from capture and destruction of all establishments treating wounded and sick soldiers and their personnel and the impartial reception and treatment of all combatants (Shaw, 2022). Geneva 3 emphasized the protection of civilians by giving aid to those wounded (Shaw, 2022). Geneva 4 recognized the Red Cross symbol identifying persons and equipment covered by the agreement.

Hague Conventions of 1907

The Hague treaties and declarations ratified in The Hague and conventions between 1890 and 1907 are essential to regulating conflicts. In addition, the 1954 conference resolved that the cultural property of any nature must be protected should disagreements ensue between warring parties (Hague Conventions, 2022). These laws borrowed heavily from the Lieber Code of 1863, which was the first multilateral treaty that addressed the conduct of warfare (International Law of Armed Conflicts, n.d.). It deals with laws governing the conduct of conflicts and limits the means and methods of hostilities. Further, they define humanity and security through the principles such as military necessity, distinguishing combatants and civilians, and humane treatment (International Law of Armed Conflicts, n.d.). These rules are meant for vulnerable groups, including civilians and medics but do not for solutions to discourage wars.

Customary International Law

Customary international law is derived from the general practice accepted as legislation. They are found in military operations, military manuals, national laws, and court cases (“Customary law,” n.d.). Both treaty law and customary international law are sources of international law. Treaties, such as the four Geneva Conventions of 1949, are written conventions in which states formally establish specific rules. Treaties bind only those states that have agreed to be bound by them, usually through ratification (“Customary law,” n.d.). Countries are bound by them and recognize them as sources of international laws. For example, the Statute of the International Court of Justice illustrates this claim. Since it regulates the relationship and armed conflicts between nations, it is binding upon all states. Evidence shows that most of the customary IHL that applies in non-international armed hostilities bind countries and opposing groups in one state.

Counterargument

Geneva Conventions of 1949, the Hague Treaties of 1907, and customary international law do not support warfare and emphasize the importance of protecting people who do not participate in the war. At the same time, they have no practical opportunities to stop aggression. No mechanisms allow these international organizations to stop the war and save civilians and non-combatants from violence. In addition, the crimes that happen during the war are often not public, which leads to significant bias in the opportunities of these international humanitarian organizations and the legal protection they propose.

Conclusion

International humanitarian law (IHL) is a set of regulations limiting armed conflicts’ global impacts. These laws shield people who are not or no longer directly or actively taking part in wars. Further, they restrict the means and methods of hostilities in various regions. IHL primarily regulates the conduct of parties involved in any armed dispute through the provisions that explain when any nation can take up arms against the other. Firstly, the Geneva treaties ease the impact of war on soldiers and civilians.

Additionally, the conventions grant immunity from seizing, offering reception and treatment to all troops, guarding civilians and helping the injured. In addition, Convention Number Four forbade the deportation of individuals or groups, hostage-taking, torture, and collective retribution. Secondly, The Hague Conferences deal with laws governing the conduct of conflicts, limit the means and methods of hostilities, and set rules that protect vulnerable groups such as civilians. Lastly, customary international law is derived from the general practice accepted as legislation by counties. However, these laws protect human rights only in certain situations during wars.

References

Customary Law. (n.d.). International Committee of the Red Cross. Web.

Hague Conventions. (2022). How does law protect in war? Web.

International Law of Armed Conflicts. (n.d.). The use of force in international law [PowerPoint slides]. n.p.

International Committee of the Red Cross. (2022). What is international humanitarian law? Web.

Shaw, M. (2022). Geneva Conventions 1864-1977. Britannica. Web.

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