International Humanitarian Law

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Introduction
International humanitarian law is a branch of law of nations or international law which is known as law of armed conflict or law of war. International Humanitarian Law seeks to mitigate the effects of war, limits the use of means and methods of war and obliges the belligerence to spare person who do not or no longer participate in hostile action (Hans-peter Gasser, ICRC: 2001). But the recent scenario of International humanitarian law and nature of recent conflicts, to the multiplication of non-state actors are taking a direct part in armed conflict, and also to new means or methods of warfare like cyber war, drone attack, nuclear weapons. Especially after the commencement of unlawful armed interventions in Afghanistan in 2001 …show more content…

This study is based on secondary data taken from websites newspapers, magazines, journals, research paper and articles. Apart from these, some information were also congregated from publications of concerned research organizations like IUCN National Red Cross and Red Crescent Society.
IHL and its Jurisprudential Meaning:
According to ICRC, International humanitarian law (IHL) is a set of rules that seek for humanitarian reasons to limit the effects of armed conflict. IHL protects persons who are not or who are no longer participating in hostilities and it restricts the means and methods of warfare. On the other hand, International Humanitarian Law applicable in armed conflicts” means international rules, established by treaties or customs, which are specifically intended to solve humanitarian problems that arise directly from international or non international armed …show more content…

Basic principles of IHL is that it attempt to control the wars as much as possible to minimize the suffering of the civilian population. International humanitarian Law reflects this constant balance between the military necessity from the state of war and the needs for humanitarian protection.
According to Additional protocol-I of Geneva Convention, Humanitarian Law protects persons and property affected or liable to be affected by the conflict and Restrict the right of the parties to a conflict to use the means -in particular weapons- and methods of warfare – such as military tactics- of their choice,the principle of distinction between civilians and combatants, the principle of proportionality, the principle of precaution in attack, military necessity, prohibition of means and methods.( Articles,48, 51(5),52, 57 of Additional protocol-I)
International Humanitarian Law stands on three jurisprudential principles which are the foundation of IHL, i.e namely the principles of humanity, impartiality and neutrality.

The Dilemma of IHL

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