Legal Definitions - humanitarian law

Humanitarian law is a branch of international law that sets out rules to limit the effects of armed conflict for humanitarian reasons. Its primary purpose is to protect people who are not, or are no longer, participating in hostilities and to restrict the means and methods of warfare. It aims to strike a balance between military necessity and humanitarian considerations, ensuring that even in times of war, certain fundamental protections for human life and dignity are upheld. Much of humanitarian law is found in international treaties, most notably the Geneva Conventions and their additional protocols.

Here are some examples illustrating how humanitarian law applies:

• Example 1: Protection of Civilian Infrastructure

  During an armed conflict, military forces are planning an offensive in a densely populated urban area. Under humanitarian law, they are obligated to take all feasible precautions to avoid targeting civilian objects like hospitals, schools, and residential buildings. They must also ensure that any military objectives are clearly distinguished from civilian areas and that attacks are not indiscriminate. This illustrates how humanitarian law restricts the methods of warfare to protect non-combatants and essential services, minimizing the direct impact of hostilities on civilian life.

• Example 2: Treatment of Captured Combatants

  A group of soldiers from one nation is captured by the opposing forces. According to humanitarian law, specifically the Geneva Conventions, these captured soldiers must be treated humanely as prisoners of war (POWs). This means they cannot be tortured, subjected to cruel or degrading treatment, or used for propaganda. They must be provided with adequate food, water, shelter, and medical care. This example demonstrates how humanitarian law ensures the basic rights and humane treatment of individuals who are no longer actively fighting, even when they are in enemy hands.

• Example 3: Prohibition of Certain Weapons

  A country develops a new type of weapon that causes widespread, indiscriminate harm, making it impossible to distinguish between combatants and civilians, or causes superfluous injury and unnecessary suffering. Humanitarian law prohibits the use of such weapons, including chemical weapons, biological weapons, and certain types of anti-personnel landmines. This illustrates how humanitarian law regulates the permissible means of warfare by banning weapons that inherently violate the principles of distinction (targeting only combatants) and proportionality (avoiding excessive harm to civilians or civilian objects).