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Uzone.id – Today some regions of the world are experiencing war. Of course, the war between Russia and Ukraine is not over, then Israel and Hamas in Palestine are also in our world to this day. Indeed it is far better that we make ourselves aware and informed of the legalities of warfare or war itself.
Here are some frequently asked questions regarding the rules of war, quoting from the International Committee of the Red Cross (ICRC).
Even war has rules. What does it mean?
Meaning: You don’t kill innocent people. As much as possible you protect the woman and children and any other noncombatants of the society from the harm that comes with war. You treat prisoners humanely. You don’t torture people.
International humanitarian law: where do these words come from?
International humanitarian law (IHL) is an area of international law the main aspiration of which is humanitarian and aims to minimize the consequences of warfare.
These laws safeguard civilians and other non-combatants, injured and sick personnel, humanitarian workers, stranded soldiers, prisoners of war, or other detainees as well as set certain restrictions on the ways and techniques of warfare for instance use of some types of weapons.
IHL is also referred to as the ‘law of war’ or ‘law of armed conflict’. IHL includes treaties of which the primary one is the Geneva Conventions and Additional Protocols thereto and customary international law.
When does HHI occur?
IHL can only be applied where there is an armed conflict taking place. Other than some commitments that have to be performed during times of peace for preparation for contingencies that may occur (for instance passing of laws, teaching and training on the laws of armed conflict), the rest of the IHL considerations only come into play during an armed conflict.
IHL offers two systems of protection: In particular, several uses that have derived from armed conflicts can be divided into two categories: the first one is international armed conflict and the second is non-international armed conflict. IHL is an armed conflict between States : Actors hostile to each other.
IHL is a conflict wherein government armed forces are fighting one or more armed groups of persons or the latter are fighting each other. The rules governing a particular scenario are governed by the type of conflict that is in question, that is an international or a non-international conflict. Some of the IHL rules remain active also when the armed conflict has ceased (e. g. with prisoners or missing persons).
HLI is a mandatory requirement for which type of companies?
IHL is universal: which part of the conflict all parties must respect IHL, both official armed forces and other armed organizations. Indeed, all 196 States have ratified the Geneva Convention which is the basis of IHL hence making IHL a well-developed entity of law. It was endorsed to such a high degree that very few global treaties would be willing to get.
They were amended by two Further Protocols of 1977, the first concerning international armed conflict and the second noninternational conflict, and third the third Further Protocol of 2005 which introduced the red crystal emblem beside the red cross emblem and red Crescent emblem.
At present 174 states have ratified the Additional Protocol I, 169 states ratified the Additional Protocol II and 79 states have ratified Additional Protocol III. Apart from the said agreement, customary law can step in where treaties are ineffective or where the treaty law is still evolving, as is the case with NIAC. There is a conventional law that governs all the participants in an armed conflict.
What about the moments when people remaining civilians were deprived of their freedom? Does IHL protect them?
It may also be noted that during armed conflict, even the civilian population can be deprived of liberty. International Humanitarian Law allows the detention of protected civilians only where this is necessary in the interests of the persons who detain them.
One of the recommendations I would like to give is that the children should not be detained as a form of punishment. This means that detainees should be released as soon as the circumstances that made them to be detained do not apply.
The person must be told why they are being detained and must be able to challenge the decision to detain them. International Humanitarian Law also sets minimum conditions for detention, covering issues such as accommodation, food, clothing, hygiene, and medical care. Civilian prisoners should be allowed to exchange news with their families. Civilian prisoners must be treated humanely in all situations.
International Humanitarian Law protects them from all acts of violence, as well as from intimidation, insults, and public curiosity. They have the right to respect their lives, their dignity, their rights, and their political, religious, and other beliefs.
During international armed conflict, the ICRC has the right to visit civilian detainees to ensure that their treatment and conditions in which they are held comply with IHL.
What if there is an occupation? What coverage is in place?
Based on IHL, occupation is a shape of worldwide equipped conflict. Occupation occurs when the territory of a country is completely under the authority of enemy troops. Occupation applies only to territories where such authority has been established and can be exercised.
When a State assents to the nearness of outside troops, there is no occupation. In addition to the general protection afforded to the civilian population, the civilian population living in occupied territory is entitled to special protection aimed at preventing abuse by the occupying power. This protection is set out in Part III of the Convention Fourth Geneva and Peraturan The Hague 1907, as well as in customary law rules.
In general, the law of occupation strikes a balance between the security needs of the occupying power on the one hand and the interests of the deposed ruler and the local population on the other.
The responsibilities of the occupying power include such matters as the management of public property, the operation of educational institutions, ensuring the existence and operation of medical services, allowing relief operations to take place, as well as allowing impartial humanitarian organizations such as the ICRC to carry out their activities.
In turn, the occupying power also has certain rights, which can take the form of restrictive measures against the local population if necessary.
What happens if a State or individual violates IHL?
A key aspect in limiting the impact of armed conflict is compliance with the rules. IHL requires parties to a conflict to prevent and suppress serious violations of IHL, and to suppress other violations.
States responsible for violations of IHL must provide full compensation for the losses or injuries they cause. In turn, individuals responsible for war crimes must be sought, investigated, and prosecuted. Nations can implement and administer restrictions through domestic legal apparatus, political means, or other judicial jurisdictions.
States may have the right to search for war crimes and bring alleged criminals to justice and, in some instances, such Acts would come from an international court. The UN can also intervene to implement compliance with IHL. For instance, the Enforcement wants to activity covenants’ breach states or set up courts to determine breaches in covenants.
