International cooperation
In the history of humanity there has been an enormous number of armed conflicts which have entailed many attempts to minimise their devastating consequences. This has led to the formation of international humanitarian law, which seeks to improve the plight of those directly involved in armed conflicts and to protect civilians from the consequences.
International humanitarian law (IHL)
is a system of principles and rules governing relations to limit the choice of means and methods of warfare by warring parties and to protect victims of war.
The main actors of international humanitarian law are states and international organisations. As well as nations and peoples who have become belligerents in armed struggles for national and social liberation, and parties to internal armed conflicts (civil wars) fighting for the realisation of their underlying economic, political and other interests, peoples standing up for their rights and freedoms, taking arms against genocidal and racist policies.
International humanitarian law consists of two main sections:
Geneva Law and Hague Law.
Geneva law aims to protect human beings during armed conflicts. It protects the wounded and sick; shipwrecked
persons during hostilities at sea; prisoners of war; and persons not taking part in hostilities (civilians).
The starting point for the formation of Geneva Law was the first Geneva Convention of 1864 - the one initiated
by Henri Dunant, founder of the International Committee of the Red Cross. It was then revised and amended in
1906 and 1929. And the most famous were the 4 Geneva Conventions of 12 August 1949 and their Additional
Protocols.
The Hague Law
The Hague Law regulates the rights and obligations of belligerents: it restricts belligerents in their choice of
means and methods of harming the enemy; it limits violence not justified by military necessity.
The Hague Law was based on the Hague Conventions adopted in 1899 and revised in 1907
Parties to armed conflict
International humanitarian law distinguishes between combatants (those directly fighting), non-combatants and civilians.
Combatants fulfil the following criteria:
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have a person in charge who is responsible for their subordinates;
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have a distinctive insignia that is visible from afar; carry weapons openly;
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открыто носят оружие;
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observe the laws and customs of war in their actions.
Combatants include (under Article 43 of Protocol I, 1977)
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personnel of the regular armed forces and incorporated paramilitary or armed organisations, and personnel of militias and volunteer detachments incorporated in the armed forces;
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partisans, organised resistance movements, if they meet the 4 requirements set out above;
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populations in unoccupied territory who, when the enemy approaches, spontaneously take up arms to fight the invading troops;
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armed participants in national liberation movements fighting against colonialism, racism and alien domination in the exercise of their right to self-determination (the 1977 Additional Protocol I includes this).
An unlawful combatant
An unlawful combatant participates in hostilities in violation of the provisions of international humanitarian law (this can be either civilians or combatants who have violated IHL). Such persons are subject to prosecution under the national law of the state whose forces have apprehended such a person.
Non-combatants
Non-combatants are members of the armed forces whose function is limited to serving and supporting the combat activities of the armed forces, and who are authorized to use weapons only in self-defense. The simplest examples are intendants, military medical personnel, clerical personnel, etc.
A civilian
A civilian is any person who, within the meaning of the Geneva Conventions of 1949 and Additional Protocol I of
1977, is not considered a combatant. In case of doubt as to whether a person is a civilian, it is customary to
consider him or her as such until proven otherwise.
The use of civilians as human shields is strictly prohibited.
IHL protects and shields civilians from any hostile acts. It is also forbidden for parties to an armed conflict
to take actions which may cause unnecessary casualties and to destroy objects important to the life of the
population (dams, power plants, etc.).
