8th Topic - HRL Assignments International Humanitarian Law

AUSL
Human Rights Law class – Tuesday

Atty Roberto A. Demigillo
Chapter XVII – International Humanitarian Law
Q. Distinguish Jus ad bellum from Jus in bello
-Jus ad bellum refers to the conditions under which States may resort to war or to the
use of armed force in general. The prohibition against the use of force amongst States
and the exceptions to it (self-defence and UN authorization for the use of force), set out
in the United Nations Charter of 1945, are the core ingredients of jus ad bellum.
-Jus in bello regulates the conduct of parties engaged in an armed conflict. IHL is
synonymous with jus in bello; it seeks to minimize suffering in armed conflicts, notably
by protecting and assisting all victims of armed conflict to the greatest extent possible.
Q. What are the primary legal instruments, (treaties, conventions or agreements)

that constitute the International Humanitarian Law?
HAGUE CONVENTION
GENEVA CONVENTION
a. field b. sea c. POW d. civilians
Q. What is the difference between International Human Rights Law (IHRL) and the
International Humanitarian Law (IHL)?
Human rights laws apply at all times (during war and peace)
IHL apply only during war or armed conflict
Q. What are the fundamental rules of the IHL?

A. WEAPONS
B. MILITARY OBJECTIVE ATTACKS
C. CRUEL TREATMENT
D. HORS DE COMBAT
E. MEDICAL PROVIDERS AND AND RED CROSS/CRESCENT
Q. Who are “Protected Persons?

Protected person's are wounded and sick; wounded, sick and shipwrecked; prisoners of
war; civilian in occupied territory or territory of the enemy
Q. Distinguish International Armed Conflict from Non- International Armed

Conflict.
BOOK
Q. The 4 Geneva Conventions have 2 protocols. What are the protocols about?
PROTOCOL 1 – INTERNATIONAL ARMED CONFLICT
PROTOCOL 2 – NON-INTERNATIONAL ARMED CONFLICT
Q. What is Common Article 3 of the Geneva Conventions about ? Is it applicable
to International Armed Conflict? no
Article 3, common to the four Geneva Conventions, marked a breakthrough, as it

covered, for the first time, situations of non-international armed conflicts. These types
of conflicts vary greatly. They include traditional civil wars, internal armed conflicts
that spill over into other States or internal conflicts in which third States or a
multinational force intervenes alongside the government. Common Article 3 establishes
fundamental rules from which no derogation is permitted. It is like a mini-Convention
within the Conventions as it contains the essential rules of the Geneva Conventions in a
condensed format and makes them applicable to conflicts not of an international
character.
Q. Who is a person Hors de Combat? What kind of treatment is he entitled to?

See Art 41, par. 2 of Protocol 1 of Geneva Convention.
Article 41 - Safeguard of an enemy hors de combat

1. A person who is recognized or who, in the circumstances, should be recognized to be
' hors de combat ' shall not be made the object of attack.
2. A person is ' hors de combat ' if:
(a) he is in the power of an adverse Party;

(b) he clearly expresses an intention to surrender; or
(c) he has been rendered unconscious or is otherwise incapacitated by wounds or
sickness, and therefore is incapable of defending himself; provided that in any of these
cases he abstains from any hostile act and does not attempt to escape.
3. When persons entitled to protection as prisoners of war have fallen into the power of
an adverse Party under unusual conditions of combat which prevent their evacuation as
provided for in Part III, Section I, of the Third Convention, they shall be released and all
feasible precautions shall be taken to ensure their safety.
Q. Who is a prisoner of war?

“Prisoners of war” are combatants who have fallen into the hands of the enemy, or
specific non-combatants to whom the status of prisoner of war is granted by
international humanitarian law.
Q. Who are protected persons under the Geneva Conventions?

BOOK
Q. Is it the purpose of the International Humanitarian Law to prohibit war and

other armed conflict?
International humanitarian law is a set of rules which seek, for humanitarian reasons, to
limit the effects of armed conflict. It protects persons who are not or are no longer
participating in the hostilities and restricts the means and methods of warfare.
Q. What are the rules governing the neutrality of states in times of war? See art
1,2,3, and 4 of Hague Convention respecting the Rights and Duties of Neutral
Powers of 18 October 1907
Article 1. The territory of neutral Powers is inviolable.
Art. 2. Belligerents are forbidden to move troops or convoys of either munitions of war
or supplies across the territory of a neutral Power.
Art. 3. Belligerents are likewise forbidden to:
(a) Erect on the territory of a neutral Power a wireless telegraphy station or other
apparatus for the purpose of communicating with belligerent forces on land or sea;
(b) Use any installation of this kind established by them before the war on the territory
of a neutral Power for purely military purposes, and which has not been opened for the
service of public messages.
Art. 4. Corps of combatants cannot be formed nor recruiting agencies opened on the
territory of a neutral Power to assist the belligerents.
Q. What is the “Material Field of Application?

ELEMENTS – NON-INTERNATIONAL ARMED CONFLICT
A. REBEL GROUPS SHOULD HAVE RESPONSIBLE COMMAND
B. EXERCISE CONTROL OVER A PORTION OF THE TERRITORY OF THIS STATE

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AUSL

Human Rights Law class – Tuesday

Chapter XVII – International Humanitarian Law

Q. Distinguish Jus ad bellum from Jus in bello

Q. What are the primary legal instruments, (treaties, conventions or agreements)

Q. What are the fundamental rules of the IHL?

Q. Who are “Protected Persons?

Q. Distinguish International Armed Conflict from Non- International Armed

Article 3, common to the four Geneva Conventions, marked a breakthrough, as it

Q. Who is a person Hors de Combat? What kind of treatment is he entitled to?

Article 41 - Safeguard of an enemy hors de combat

(a) he is in the power of an adverse Party;

Q. Who is a prisoner of war?

Q. Who are protected persons under the Geneva Conventions?

Q. Is it the purpose of the International Humanitarian Law to prohibit war and

Art. 3. Belligerents are likewise forbidden to:

Q. What is the “Material Field of Application?

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