1. Prepared by
Ma. Martha Manette A. Madrid, Ed.D.
Bachelor of Law
Panpacific University North Philippines
Urdaneta City, Pangasinan
Philippines
November 2010

2. Something tells me
It’s all happening at the zoo.
I do believe it,
I do believe it’s true.
The monkeys stand for honesty,
Giraffes are insincere,
And the elephants are kindly but they’re dumb.
Orangutans are skeptical of changes in their cages,
And the zookeeper is very fond of rum.
Zebras are reactionaries,
Antelope plot in secrecy,
And hamsters turn on frequently.
What a gas! You gotta come and see
At the zoo.
-Paul Simon-

3. What is Humanitarian Aid?
is a response to a crisis or emergency and is material,
food, water, clothing, etc. assistance for saving
lives, alleviating suffering, and maintaining human
dignity, and does not address the underlying
socioeconomic factors which lead to the crisis or
emergency.
 Internationally, this is invoked two ways:
 Peacetime- Human Rights Law
 Armed conflict- International Humanitarian Law

4. International Humanitarian Law
or Armed conflict is also considered accepted
Customary Law and a universal codification
standard. The United Nations (UN) has the UN
office for the Coordination of Humanitarian Affairs
(UNOCHA), formed in 1991 by the General
Assembly Resolution 46/182 & the Department of
Humanitarian Affairs (DHA) replacing the Office
of the United Nations Disaster Relief Coordinator
formed in 1972.
 Humanitarian Aid is also called:
 International Relief and
 Development Aid

5. Seven Conventions and Nine Protocols that
include International Humanitarian Law
 The Four Geneva Conventions of 1949.
 Additional Protocols of 1977, protection of victims of armed
conflicts.
 The 1954 Convention, protection of cultural property in the
event of armed conflict plus its two protocols.
 The 1972 Biological Weapons Convention.
 The 1980 Conventional Weapons Convention and its five
protocols.
 The 1993 Chemical Weapons Convention.
 The 1997Ottawa convention on anti-personnel mines.
 The 2000 Optional Protocol to the convention on the
Rights of child on the involvement of children in armed
conflict.

6. International Humanitarian Law (Armed
conflict) is used:
 only for armed conflict,
 once the conflict has begun, and
 equally applied to both sides regardless of who started the
fighting.
 Note:
 International armed conflicts are those in which at least two states are
involved, the use of the word states for these purposes implies the word
country is included or synonymous.

7. Human Rights Law (Peacetime)
 Applies to peacetime and many of the provisions are
suspended during armed conflict. The United Nations
(UN) has the Universal Declaration of Human Rights
(UDHR), it is the first International statement to use the term
“human rights”.
 The Covenant on Civil and Political Rights:
 The right to self determination.
 The right to own, trade, and dispose of their property
freely, and not deprived of their means of subsistence.

8. International
Humanitarian Law
 often referred to as the law of war, the
laws and customs of war or the law
of armed conflict
 the legal corpus that comprises "the
Geneva Conventions and the Hague
Conventions as well as subsequent
treaties, case law, and customary
international law.

9.  defines the conduct and responsibilities of
belligerent ( an individual, group, country or other
entity which acts in a hostile manner, such as
engaging in combat), nations, neutral nations and
individuals engaged in warfare, in relation to each
other and to protected persons, usually meaning
civilians.

10. Two Historical Streams
 the law of The Hague referred to in the past as
the law of war proper; and
 the law of Geneva or humanitarian law.

11. The Law of The Hague, or the Laws of War
 a body of law concerning acceptable justifications to engage
in war (jus ad bellum) and the limits to acceptable wartime
conduct (jus in bello).
 considered an aspect of public international law (the law of
nations) and is distinguished from other bodies of law, such
as the domestic law of a particular belligerent to a conflict,
that may also provide legal limits to the conduct or
justification of war.
 modern laws of war address declarations of war, acceptance
of surrender and the treatment of prisoners of war, military
necessity along with distinction and proportionality, and the
prohibition of certain weapons that may cause unnecessary
suffering.

12. Historical Background:
 The Hague Conventions were two international treaties
negotiated at international peace conferences at The Hague in
the Netherlands: The First Hague Conference in 1899 and
the Second Hague Conference in 1907.
 Along with the Geneva Conventions, the Hague Conventions
were among the first formal statements of the laws of war and
war crimes in the nascent body of secular international law.
 A third conference was planned for 1914 and later rescheduled
for 1915, but never took place due to the start of World War
I.The German international law scholar and neo-Kantian
pacifist Walther Schücking called the assemblies the
"international union of Hague conferences

13. Historical Background:
 A major effort in both the conferences was to create a binding
international court for compulsory arbitration to settle
international disputes, which was considered necessary to
replace the institution of war.
 Most of the great powers, including the United States, Britain,
Russia, France, China, and Persia, favored a binding
international arbitration, but the condition was that the vote
should be unanimous, and a few countries, led by Germany,
vetoed the idea.

14. The Hague Convention of 1899 consisted
of four main sections and three additional
declarations
 I - Pacific Settlement of International Disputes
 II- Laws and Customs of War on Land
 III- Adaptation to Maritime Warfare of Principles of Geneva Convention of
1864
 IV - Prohibiting Launching of Projectiles and Explosives from Balloons
 Declaration I - On the Launching of Projectiles and Explosives from
Balloons
 Declaration II - On the Use of Projectiles the Object of Which is the
Diffusion of Asphyxiating or Deleterious Gases
 Declaration III - On the Use of Bullets Which Expand or Flatten Easily in
the Human Body

15. The Final Agreement was signed on October 18, 1907,
and entered into force on January 26, 1910. It consisted
of thirteen sections, of which twelve were ratified and
entered into force:
 I— The Pacific Settlement of International Disputes
 II — The Limitation of Employment of Force for Recovery of Contract Debts
 III — The Opening of Hostilities
 IV — The Laws and Customs of War on Land
 V— The Rights and Duties of Neutral Powers and Persons in Case of War on Land
 VI — The Status of Enemy Merchant Ships at the Outbreak of Hostilities
 VII — The Conversion of Merchant Ships into War-Ships
 I— The Pacific Settlement of International Disputes
 II — The Limitation of Employment of Force for Recovery of Contract Debts
 III — The Opening of Hostilities
 IV — The Laws and Customs of War on Land
 V— The Rights and Duties of Neutral Powers and Persons in Case of War on Land
 VI— The Status of Enemy Merchant Ships at the Outbreak of Hostilities

16.  VII — The Conversion of Merchant Ships into War-Ships
 VIII — The Laying of Automatic Submarine Contact Mines
 IX— Bombardment by Naval Forces in Time of War
 X— Adaptation to Maritime War of the Principles of the Geneva Convention
 XI — Certain Restrictions with Regard to the Exercise of the Right of Capture in
Naval War
 XII — The Creation of an International Prize Court [Not Ratified]
 XIII - The Rights and Duties of Neutral Powers in Naval War

17. Two declarations were signed as well:
 Declaration I — extending Declaration II from
the 1899 Conference to other types of aircraft[
 Declaration II—- on the obligatory arbitration

18. The law of war:
 Determine the rights and duties of belligerents in the
conduct of operations and limits the choice of means in
doing harm.
 Concerns itself with the definition of combatants,
establishes rules relating to the means and methods of
warfare, and examines the issue of military objectives

19. The modern law of war is derived from two
principal sources:
 Lawmaking treaties (or conventions)
 Not all the law of war derives from or has been
incorporated in such treaties, which can refer to the
continuing importance of customary law.

20. Purposes of the laws
 Wars should be limited to achieving the political
goals that started the war (e.g., territorial control)
and should not include unnecessary destruction;
 Wars should be brought to an end as quickly as
possible;
 People and property that do not contribute to the
war effort should be protected against unnecessary
destruction and hardship;

21. Applicability to states and individuals
 The law of war is binding not only upon States as
such but also upon individuals and, in particular, the
members of their armed forces.
 Parties are bound by the laws of war to the extent
that such compliance does not interfere with
achieving legitimate military goals.

22. Remedies for violations
 Soldiers who break specific provisions of the laws of war
lose the protections and status afforded as prisoners of
war, but only after facing a "competent tribunal".
 Spies and terrorists may be subject to civilian law or
military tribunal for their acts and in practice have been
subjected to torture and/or execution. The laws of war
neither approve nor condemn such acts, which fall outside
their scope.
 citizens and soldiers of nations which have not signed and
do not abide by the Third and Fourth Geneva Conventions
are not protected by them.

23. Remedies for violations
 If someone is (or is suspected to be) a citizen or soldier of a
nation which has signed or abides by the Fourth Geneva
Convention , or is (or is suspected to be) a "prisoner of
war" (POW) per the definitions of such "protected persons"
in the Third Geneva Convention, the following applies: A
POW who breaks specific provisions of the laws of war
may be penalized, but not penalized worse than the
tribunal would penalize its own soldiers for the same
offense (and usually a disciplinary, not judicial,
punishment if its own soldiers normally wouldn't be
brought to trial for a particular offense)

24. Remedies for violations
 After a conflict has ended, persons who have committed or
ordered any breach of the laws of war, especially atrocities,
may be held individually accountable for war crimes
through process of law. Also, nations which signed the
Geneva Conventions are required to search for, then try
and punish, anyone who has committed or ordered certain
"grave breaches" of the laws of war.
 Soldiers who break specific provisions of the laws of war
lose the protections and status afforded as prisoners of war
but only after facing a "competent tribunal“.

25. Remedies for violations
 Spies and terrorists may be subject to civilian law or
military tribunal for their acts and in practice have been
subjected to torture and/or execution. The laws of war
neither approve nor condemn such acts, which fall outside
their scope.
 citizens and soldiers of nations which have not signed and
do not abide by the Third and Fourth Geneva Conventions
are not protected by them.

26. Remedies for violations
 If someone is (or is suspected to be) a citizen or soldier of a
nation which has signed or abides by the Fourth Geneva
Convention , or is (or is suspected to be) a "prisoner of
war" (POW) per the definitions of such "protected persons"
in the Third Geneva Convention, the following applies: A
POW who breaks specific provisions of the laws of war
may be penalized, but not penalized worse than the
tribunal would penalize its own soldiers for the same
offense (and usually a disciplinary, not judicial,
punishment if its own soldiers normally wouldn't be
brought to trial for a particular offense)

27. International treaties on the laws
of war
List of declarations, conventions,
treaties and judgments and on the
laws of war
(pls refer to your photo copies)

28. The Geneva Conventions
 are the result of a process that developed in a number of
stages between 1864 and 1949 which focused on the
protection of civilians and those who can no longer fight in
an armed conflict. As a result of World War II, all four
conventions were revised based on previous revisions and
partly on some of the 1907 Hague Conventions and
readopted by the international community in 1949. Later
conferences have added provisions prohibiting certain
methods of warfare and addressing issues of civil wars.
 comprise four treaties and three additional protocols that
set the standards in international law for humanitarian
treatment of the victims of war.

29. The Geneva Conventions are:
 First Geneva Convention "for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the
Field" (first adopted in 1864, last revision in 1949)
 Second Geneva Convention "for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea" (first adopted in 1949, successor of the
1907 Hague Convention X)
 Third Geneva Convention "relative to the Treatment of
Prisoners of War" ( first adopted in 1929, last revision in 1949)
 Fourth Geneva Convention "relative to the Protection of
Civilian Persons in Time of War" (first adopted in 1949, based
on parts of the 1907 Hague Convention IV)

30. In addition, there are three additional
amendment protocols to the Geneva Convention:
 Protocol I (1977): Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts. As of 12 January
2007 it had been ratified by 167 countries.
 Protocol II (1977): Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection
of Victims of Non-International Armed Conflicts. As of 12
January 2007 it had been ratified by 163 countries.
 Protocol III (2005): Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Adoption of
an Additional Distinctive Emblem. As of June 2007 it had been
ratified by 17 countries and signed but not yet ratified by an
additional 68 countries.

31. The conventions and their agreements
The Geneva Conventions comprise rules that apply in times of
armed conflict and seek to protect people who are not or are
no longer taking part in hostilities, for example:
 wounded or sick fighters
 prisoners of war
 civilians
 medical and religious personnel

32. To this end, laws of war are intended to mitigate the
evils of war by:
 Protecting both combatants and noncombatants
from unnecessary suffering;
 Safeguarding certain fundamental human rights of
persons who fall into the hands of the enemy,
particularly prisoners of war, the wounded and sick,
and civilians;
 Facilitating the restoration of peace.

33. Fundamental principles of humanitarian law
 limit the suffering caused by war by forcing parties engaged
in a conflict to:
 engage in limited methods and means of warfare;
 differentiate between civilian population and combatants,
and work to spare civilian population and property;
 abstain from harming or killing an adversary who surrenders
or who can no longer take part in the fighting;
 abstain from physically or mentally torturing or performing
cruel punishments on adversaries.

34. Basic rules of IHL
 Persons hors de combat and those not taking part
in hostilities shall be protected and treated
humanely.
 It is forbidden to kill or injure an enemy who
surrenders or who is hors de combat.
 The wounded and sick shall be cared for and
protected by the party to the conflict which has
them in its power. The emblem of the "Red
Cross," or of the "Red Crescent," shall be required
to be respected as the sign of protection.

35. Basic rules of IHL
 Captured combatants and civilians must be
protected against acts of violence and
reprisals. They shall have the right to
correspond with their families and to receive
relief.
 No one shall be subjected to torture, corporal
punishment or cruel or degrading treatment.

36. Basic rules of IHL
 Parties to a conflict shall at all times distinguish
between the civilian population and combatants.
Attacks shall be directed solely against military
objectives.
 Parties to a conflict shall at all times distinguish
between the civilian population and combatants.
Attacks shall be directed solely against military
objectives.

37. Basic rules of IHL
Examples: Well-known examples of such rules include:
 The prohibition on attacking doctors or ambulances
displaying a Red Cross.

38. Basic rules of IHL
 It is also prohibited to fire at a person
or vehicle bearing a white flag, since
that, being considered the flag of
truce, indicates an intent to
surrender or a desire to
communicate.
 In either case, the persons protected
by the Red Cross or the white flag are
expected to maintain neutrality, and
they may not engage in warlike acts
themselves; in fact, engaging in war
activities under a white flag or a red
cross is itself a violation of the laws
of war.

39. In Conclusion
 Humanitarian law is the branch of public international law
that comprises the rules, which, in times of armed conflict:
 seek to protect persons who are not or are no longer taking
part in the hostilities,
 restrict the methods and means of warfare employed, and
resolve matters of humanitarian concern resulting from
war.

40. In Conclusion
 The term "humanitarian" is often used in everyday language
in a very broad sense, and can be confused with the term
"human rights." civilians
 Humanitarian law aims to limit the suffering caused by
war by regulating the way in which military operations
are conducted.

41. In Conclusion
 International humanitarian law is the
law of armed conflict or law of war and
their effects.
 The goal of international humanitarian law
is to limit the effects of war on people and
property and to protect particularly
vulnerable persons.

42. Reaction:
 States have always been limited in the ways
in which they conduct armed conflicts, from
the adherence to national laws and bilateral
treaties, to the observance of time-honored
customary rules. However, throughout
history these limitations on warfare varied
greatly among conflicts and were ultimately
dependant on time, place, and the countries
involved.

43. The final word is yours!