Understanding IHL

Explore the principles of law, international humanitarian law (IHL), and their crucial role in society and armed conflicts. Learn about human rights, refugee law, and the mechanisms protecting individuals during war. Understand the ethical and legal frameworks essential for global justice and human dignity.

Understanding IHL

1 What is Law and its Role in Society? How is A Country’s Legal System Organised?

  1. What is ‘Law’?
  2. What is the Role of Law in Society?
  3. How is Law Made?
  4. What are the Sources of Law?
  5. How do the Legal Systems of South Asia Work?

2 Where do We Find International Law? How is it Made and How does it Function?

  1. What are the Basic Concepts of International Law?
  2. What are the Sources of International Law?
  3. What is the Meaning of Treaty Making and its Adoption?
  4. What is Customary International Law?
  5. What are General Principles of Law?

3 What is IHL? When Does IHL Apply? How has IHL Developed?

  1. What is International Humanitarian Law (IHL)?
  2. When does IHL Apply?
  3. How has IHL Developed in Buddhist Traditions?
  4. How has IHL Developed in Christian Traditions?
  5. How has IHL Developed in Hindu Traditions?
  6. How has IHL Developed in Islamic Traditions?

4 Where do You Find IHL?

  1. What are the Current Sources of IHL?
  2. What are the Names of IHL Instruments?
  3. How has the Hague Law Developed?
  4. How has the Geneva Law Developed?
  5. How have the Hague Law and the Geneva Law Merged into One?

5 What is Law of Armed Conflict and Law During Armed Conflict?

  1. Principle of Prohibition of Use of Force
  2. Does the Application of IHL Dependent on a Formal Declaration of War?
  3. Right of an Individual or a Collective Self-defence
  4. Just War

6 What is International Armed Conflict? (WAR)

  1. Historical Background
  2. The Concept of Armed Conflict of an International Character
  3. International Armed Conflict and Human Rights
  4. Occupation under Geneva Convention IV

7 What is Non-international Armed Conflict? (Internal War)

  1. Internationalised Armed Conflicts
  2. Historical Background
  3. Different Thresholds for Application
  4. Policy Considerations and Operational Needs
  5. Article 3 of the Geneva Convention
  6. Applicability of the Law

8 Who are the Participants in War?

  1. Combatant Status Before Protocol I of 1977
  2. Third Geneva Convention of 1949
  3. Combatant Status after Protocol I
  4. Loss of Combatant Status
  5. Spies and Mercenaries

9 Who are the Protected Persons under IHL? What are the Protected Objects under IHL?

  1. Protected Persons under IHL
  2. Protected Objects under IHL
  3. Protection of Cultural Property during Armed Conflict
  4. The Grant of Enhanced Protection
  5. The ENMOD Convention

10 Why are Certain Rules more Important in IHL?

  1. Essential Rules of International Humanitarian Law
  2. Why are these Rules Basic and Important?
  3. Common Principles
  4. Principles Proper to the Victims of Conflicts
  5. Principles Proper to the Law of War

11 Rule of Distinction

  1. General Principles of IHL
  2. Position of Distinction of Combatants and Non-combatants in Ancient Texts
  3. The Challenge of Asymmetric Conflicts
  4. Characteristics of Civilians and Combatants
  5. Rule of Distinction under the Additional Protocols 1977 to Geneva Conventions 1949

12 Rule of Proportionality

  1. General Principles of IHL
  2. The Development of Military Necessity in International Humanitarian Law
  3. Difference between Doctrine of Military Necessity and Principle of Proportionality
  4. The Principle of Proportionality in International Humanitarian Law

13 Prohibited and Controlled Weapons

  1. Chemical Weapons
  2. Biological Weapons
  3. Nuclear Weapons
  4. Anti-Personnel Land Mines
  5. Other Conventional Weapons

14 What are the Rules of Protection of the Sick, Wounded and Shipwrecked in War?

  1. The Principle of Immunity of Wounded and Sick Military Personnel and of Medical Personnel and Equipment
  2. Tracing Wounded Sick and Missing Military Personnel in War on Land
  3. The Protection of Wounded Sick and Shipwrecked Military Personnel in War at Sea
  4. Tracing Wounded Sick Shipwrecked and Missing Military Personnel in War at Sea

15 What are the Rules of Protection of Prisoners of War?

  1. Rationale for Protection of Prisoners of War
  2. The 1949 Convention: Protection of Prisoners of War
  3. Beginning of Captivity
  4. Conditions of Captivity
  5. Escape of Prisoners of War
  6. Termination of Captivity

16 What are the Rules of Protection of Civilians?

  1. The Geneva Conventions and Civilian Protection
  2. General Protection of Populations Against Certain Consequences of War
  3. Provisions Common to the Territory of Parties to the Conflict and to Occupied Territory
  4. Aliens in the Territory of a Party to the Conflict
  5. Occupied Territory
  6. Internment
  7. Information Bureau and Tracing Agency

17 What is Meant by the “Grave Breaches” of IHL?

  1. Grave Breaches of the Geneva Conventions in International Armed Conflicts
  2. The Concept of Grave Breaches of IHL and the Concept of War Crimes
  3. Scope of Universal Jurisdiction and Grave Breaches
  4. Individual Responsibility
  5. Establishment of the ICC
  6. Application of the ‘Grave Breaches’ Provisions in Non-International Armed Conflicts

18 What are the Monitoring Mechanisms for Determining Protection?

  1. The Protecting Power in the Framework of Geneva Conventions
  2. The International Fact-finding Mission
  3. Penal Sanctions
  4. Implementation of International Humanitarian Law during Non-International Armed Conflicts
  5. International Committee of the Red Cross and IHL
  6. Implementation Roles of the UN
  7. The Role of Non-governmental Organizations
  8. National Measures

19 What are the Protective Emblems?

  1. The Origins and Development of the Distinctive Emblems
  2. Additional Protocol III and the Introduction of the Red Crystal
  3. The Geneva Conventions and the Protection of Distinctive Emblems
  4. Misuse of the Emblems

20 International Humanitarian Law and Human Rights Law

  1. Origin and Nature of Human Rights Law and Humanitarian Law
  2. Conceptual Similarities in Present-day Humanitarian Law and Human Rights Law
  3. The Mutual Influence of Human Rights and Humanitarian Law

21 International Refugee Law

  1. Origins and Development of International Refugee Law
  2. Determination of Refugee Status
  3. The Concept of Asylum
  4. International Humanitarian Law and Refugees
  5. Refugee Protection in India
  6. Internally Displaced Persons

22 What is the Relationship of IHL with International Criminal Law?

  1. Individual Criminal Responsibility
  2. Command Responsibility
  3. War Crimes and Crimes against Humanity
  4. Nuremberg and Tokyo International Tribunals
  5. International Criminal Prosecution
  6. The Failure of Prosecution through National Jurisdiction
  7. The Problems of International Criminal Courts

23 IHL and the Mandate of the Constitution of India

  1. Geneva Conventions Act 1960
  2. National Implementation of International Humanitarian Law
  3. Case Laws