File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Humanitarian Law On The Sheds Of Human Rights

The Concept of Humanitarian Law is derived from the after-war situation that arose following the scene of post-World War. Concerning making a better approach to the security of Human Rights globally, there are different issues required to be mentioned in the connection of the subject matter.

Humanitarian Law is a set of rules that provides limitations to armed conflicts. There are different issues based on which the issues have made the world understand the necessity of implementing of humanitarian law. Concerning the situations arising out of issues related to global issues, the protection of civilians has been rooted in the beginning of the 18th Century.

Humanitarian Law protects individuals who are no longer part of the war or restricted from participating in hostilities to the means of warfare. The section this concept covers is huge and protected in different aspects. The Concept of introducing International Humanitarian Law has been put forward by the International Committee of the Red Cross or ICRC[1].

The idea of the Geneva Convention Came to light with different approaches concerning the issues that were constantly violating civilians' rights. The first Geneva Convention was proposed to ameliorate wounded soldiers on the war field (1864)[2]. It was one of the first implemented in IHL to put an effective limitation on the post-war conflicts. Maintaining global peace is the best approach that can be adopted and implemented in the International organisations acting to control serious issues globally.

Concerning mentioning the approaches of IHL, it is necessary to mention that, there are various important principles[3], upon which IHL is focused, which are:

  • Understanding the contrast between civilians and combatants
  • Prohibition in attacking hors de combat or individuals who are not directly engaged in the hostile situation
  • Prohibition on amounting unnecessary suffering caused to an individual whether of the conflicted party
  • Principle of requisition and
  • Principle of correspondence.


The idea of 'Global War on Terror' is internally related to the subject matter. Various elements are usually treaties made for mitigating issues arising in various aspects[1]. Concerning the discussion of Humanitarian Law, the treaties which were introduced to provide required measures, are:

  • Hague Regulations 1907 (Convention IV)
  • Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949.
  • Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949
  • Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949
  • Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949
  • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977
  • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977
  • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005.


IHL principles and provisions respecting the protection of the Civilians:

  • Firstly, the area of distinction protects every civilian and their belongings as well as objects from the effects of military potencies[2]. The discussion of Principle distinctions is also presented by the International Committee of the Red Cross or ICRC, to establish the standards in customary international law, by reflecting on numerous state practices while focusing on both international and non-international armed conflicts[3].
     
  • The principle of Humane treatment is also adjacent to the concept, stating that civilians are always required to be treated inhumane manner, all the time [4]. Activities such as taking the hostages, executing them without proceeding with trial, or treating them in illicit ways, may lead to disobedience of rules related to IHL.

    Civilians are entitled to respect for their family rights, values, religious beliefs, and other basic elements regarding the enjoyment of basic human rights. Concerning the discussion, this regulation has been implemented by ICRC to control the conflicted areas, and protect the rights of the civilians.
     
  • The notion of necessity and proportionality has been introduced and effectively implemented in the concept of humanitarian law. The section declares that military attacks must not affect civilians' rights and cause harm to their belongings.


Non-discrimination is also a part that the humanitarian law deals with, where it is mentioned that the prisoners of war cannot be discriminated against based on race, caste, sexual orientation, religious belief, or political opinion[5]. Every person shall be treated the same and no exceptions are present in the concerning matter. ICRC provides the prohibition of discrimination as a part of customary international law and international law regarding armed conflict[6].

The entire rule is set up for providing a fixed strict division between rules applicable in international armed conflict and internal armed conflicts that have resulted in a huge amount of conflict within the world. A potential idea that is dealing with humanitarian law is the Geneva Convention. The human norm depends and differs according to condition and takes the shape that is appreciable. Moreover, it is mentioned that humanitarian law protects the victims of war and secures their lives and human rights.

End-Notes:

  1. Davison, N., 2018. A legal perspective: Autonomous weapon systems under international humanitarian law.
  2. Yamane, Melike Batur. "Principle Of Distinction Between Civilians And Combatants In International Humanitarian Law And Its Application In The Recent Iraqi Conflict." Erzincan Binali Yıldırım Üniversitesi Hukuk Fakültesi Dergisi 7, no. 1-2: 27-39.
  3. ICRC, 2005b, vol. 1
  4. Article 27, Geneva Convention IV, 1949.
  5. GCIII, Art 16.
  6. ICRC, 2005b, vol. 1.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Privatisation Of Government Sector

Titile

Privatization of presidency Sector Although in today's time most of the services provided in ou...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly