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Class notes International Humanitarian Law in Theory and Practice

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IHL is all about making choices that preserve a minimun of human dignity in times of war and make sure that living together again is possible once the last bullet has been shooted. This notes including brief explanation about what is IHL, Opertaional Principles, What areas does IHL cover, brief History, IHL in the legal order, other body of law that applies to armed conflict, and the relationship between HRL and IHL.

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Basic Concepts and History
of IHL NOTES

International Humanitarian Law
not only about setting the basic
limits on how wars can be fought,
but also protect the innocent or

What is IHL? those who not fighting and who
no longer able to do it such as
International Humanitarian Law, also known as the Law of civilians, detainees, medical
workers, and sick or wounded.
Armed Conflict or “jus in bello” which regulates the conduct
of parties engaged in an armed conflict, limit the IHL is all about making choices
consequences of armed conflict and to protect individuals. that preserve a minimum of
human dignity in times of war and
This law aims to balance between humanity and military
make sure that living together
necessity. again is possible once the last
bullet has been shooted.
Military Necessity : permits the
Humanity : forbids the infliction “jus in bello” = a principle about
use of force that is necessary to
of suffering, injury or how to conduct war without
achieve the aim of conflict, but
destruction which would be violates the law and standard of
limits to the expenditure of life morality. This is including 2 main
unnecessary to win the war.
and resources. elements, proportionality and
discrimination.

Operational Principles
There are several operational principles as fundamental idea
that military necessity needs to be balanced with
humanitarian considerations;

a. Distinction,
b. Proportionality,
c. Precautions,
d. Prohibition of unnecessary suffering.


What areas does IHL cover?
IHL has been codified in the revised 1949 Geneva Conventions
– the most widely accepted International Treaty bodies in the
world - which is cover 2 areas, Hague Law and Geneva Law.

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Number of pages
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Prof. dr. robert heinsch
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