Geneva Conventions and International Humanitarian Law (IHL)
Exam Snapshot
International Humanitarian Law (IHL), or the law of armed conflict, aims to minimize suffering during wars. It applies equally to all sides, regardless of who started the conflict. The four 1949 Geneva Conventions are the core treaties governing the treatment of those not taking part in hostilities.
Core Concept
- Jus in Bello: The body of law regulating the conduct of parties during an armed conflict (distinct from Jus ad bellum).
- Distinction: Parties to a conflict must distinguish between combatants and civilians or civilian objects at all times.
- Proportionality: Military attacks causing excessive civilian loss or damage are prohibited, even if the target is military.
- Military Necessity: Only the use of force necessary to defeat the enemy is lawful; superfluous injury or destruction is banned.
- Humanity: Requirement to treat all detainees humanely and protect medical personnel and facilities.
Nepal Law Anchors
- Nepal acceded to the four Geneva Conventions of 1949 on 23 May 1964.
- Customary International Law principles reflected in treaty obligations.
- Constitutional provisions (Article 51) regarding state obligations under international law.
Confusable Terms
- Jus ad bellum (Legality of going to war) vs Jus in bello (Conduct during war).
- IHL (Applies primarily during armed conflict) vs Human Rights Law (Applies at all times).
MCQ Traps
- "IHL applies only when a formal declaration of war exists" -> Incorrect: IHL applies to any armed conflict, declared or not.
- "IHL justifies the use of force" -> Incorrect: It only regulates the conduct once force is used.
- "Civilians lose protection if they are near military targets" -> Incorrect: They remain protected, though the military target may be attacked with caution.
Example
Under the Third Geneva Convention, a captured soldier (Prisoner of War) must be treated humanely, given access to the Red Cross, and cannot be prosecuted for merely participating in the conflict, unlike a mercenary or spy.
Memory Hook
The Four Conventions: 1. Wounded (Land), 2. Wounded (Sea), 3. Prisoners of War, 4. Civilians.
Quick Revision
- IHL regulates conflict conduct, not conflict initiation.
- 1949 is the key treaty year.
- Distinction and Proportionality are mandatory principles.
- Red Cross/Red Crescent are the recognized protective emblems.
- Applicability is independent of the legal justification of the war.