Treaties & Principles. .

Treaties & Principles

The Law of Armed Conflict

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A Brief History of the Geneva Conventions



1859 The Battle of Solferino

1862 A Memory of Solferino published

1864 ICRC founded and First Geneva Convention signed by 12 nations

1901 Nobel Peace Prize

Jean Henri Dunant (Swiss, 1828-1910)

1864 Convention for the Amelioration of the Condition of the Wounded in Armies in the Field

-protection of hospitals, ambulances, and medical personnel

-collection of and care for the wounded

-adoption of the Red Cross emblem

The Geneva Conventions

1906 Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field

-protection of hospitals, ambulances, and medical personnel

-collection of and care for the wounded-use of the Red Cross emblem-names of sick/wounded given to authorities of their

country-collection of documents and personal effects of the dead,

to be given to authorities of their country-domestic legislation to repress mistreatment of the

sick/wounded or misuse of the Red Cross emblem


1906 Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea

-protection of hospital ships neutral vessels from attack and capture

-protection of religious and medical personnel on combat ships

-collection of and care for the wounded and shipwrecked

-prohibition of use of hospital ships for combat


1929 Convention Relative to the Treatment of Prisoners of War

-requirement of humane treatment of POWs-requirement that prisoners be fed and maintained-protection of medical aircraft-prohibition of reprisals-requirement that prisoners be allowed to correspond

with their families-permission to give prisoners work, provided it is not

dangerous or directly related to the war effort-requirement of repatriation without delay


First Geneva Convention, 1949

Second Geneva Convention, 1949

Third Geneva Convention, 1949

Fourth Geneva Convention, 1949


Those taking no active part in hostilities must be treated humanely; hostage-taking, rape, forced prostitution, assault, and the like are prohibited.

Fourth Geneva Convention, 1949Relative to the Protection of Civilian Persons in Time of War


Measures must be taken to remove protected persons from besieged areas.




War orphans should be entrusted to persons of a similar cultural tradition.





Protected persons may not be coerced into giving information.






An occupying power must give accused persons fair trials.






An occupying power must give accused persons fair trials.Protected persons may be interned only if the security of

the detaining power makes it absolutely necessary.






An occupying power must give accused persons fair trials.Protected persons may be interned only if the security of

the detaining power makes it absolutely necessary. Internment camps must be sanitary, and internees must be

fed and clothed and treated humanely.


Art. 146. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts…[or] hand such persons over for trial to another High Contracting Party concerned….


Art. 147. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention:


-wilful killing

Grave breaches

-wilful killing-torture or inhuman treatment, including biological experiments

Grave breaches

-wilful killing-torture or inhuman treatment, including biological experiments-wilfully causing great suffering or serious injury to body or health

Grave breaches

-wilful killing-torture or inhuman treatment, including biological experiments-wilfully causing great suffering or serious injury to body or health-unlawful deportation or transfer or unlawful confinement of a protected person

Grave breaches

-wilful killing-torture or inhuman treatment, including biological experiments-wilfully causing great suffering or serious injury to body or health-unlawful deportation or transfer or unlawful confinement of a protected person-compelling a protected person to serve in the forces of a hostile Power

Grave breaches

-wilful killing-torture or inhuman treatment, including biological experiments-wilfully causing great suffering or serious injury to body or health-unlawful deportation or transfer or unlawful confinement of a protected person-compelling a protected person to serve in the forces of a hostile Power-wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention

Grave breaches

-wilful killing-torture or inhuman treatment, including biological experiments-wilfully causing great suffering or serious injury to body or health-unlawful deportation or transfer or unlawful confinement of a protected person-compelling a protected person to serve in the forces of a hostile Power-wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention-taking of hostages

Grave breaches

-wilful killing-torture or inhuman treatment, including biological experiments-wilfully causing great suffering or serious injury to body or health-unlawful deportation or transfer or unlawful confinement of a protected person-compelling a protected person to serve in the forces of a hostile Power-wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention-taking of hostages -extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

Grave breaches

Art. 146. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts…[or] hand such persons over for trial to another High Contracting Party concerned….


1977 Additional Protocol I

1977 Additional Protocol II

2005 Additional Protocol III

Additional Protocols

Art 1. Material field of application

1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol.


Art 1. Material field of application

1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol.

2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.


Art 4 Fundamental guarantees

1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors.


Art 4 Fundamental guarantees

2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph I are and shall remain prohibited at any time and in any place whatsoever:(a) violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;(b) collective punishments;(c) taking of hostages;(d) acts of terrorism;(e) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form or indecent assault;(f) slavery and the slave trade in all their forms;(g) pillage;(h) threats to commit any or the foregoing acts.


The High Contracting Parties,

Proclaiming their earnest wish to see peace prevail among peoples,

Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,

Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application,

1977 Additional Protocol IPreamble

Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations,

Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict,

Have agreed on the following…


2. In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience.

3. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions.

4. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.


Distinction

Military Necessity

Proportionality

Unnecessary Suffering

Four Core LOAC Principles

Only military objectives may be targeted (Distinction)


Only military objectives may be targeted (Distinction), and only when they confer a military advantage (Military Necessity)


Only military objectives may be targeted (Distinction), and only when they confer a military advantage (Military Necessity) and do not result in a disproportionate amount of civilian harm (Proportionality)


Only military objectives may be targeted (Distinction), and only when they confer a military advantage (Military Necessity) and do not result in a disproportionate amount of civilian harm (Proportionality), and only by means that do not cause unnecessary suffering to combatants (Unnecessary Suffering).


Part III. Method and Means of Warfare: Combatant and POWs

Section I. Methods and Means of Warfare

Art 35. Basic rules

1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.


“[T]he question is whether the suffering caused is substantially disproportional to the military advantage gained.”

-Solis (ch. 7, p. 272)


Art. 22. The right of belligerents to adopt means of injuring the enemy is not unlimited.

Art. 23. Besides the prohibitions provided by special Conventions, it is especially prohibited(a) To employ poison or poisoned arms;(b) To kill or wound treacherously individuals belonging to the hostile nation or army;(c) To kill or wound an enemy who, having laid down arms, or having no longer means of defence, has surrendered at discretion;(d) To declare that no quarter will be given;(e) To employ arms, projectiles, or material of a nature to cause superfluous injury;

1899 Hague Convention

1. The launching of projectiles and explosives from balloons or by other similar new methods.

2. The use of projectiles, the only object of which is the diffusion of asphyxiating or deleterious gases.

3. The use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope, of which the envelope does not entirely cover the core or is pierced with incisions.

1899 Hague ConventionThree Prohibitions

“[T]he question is whether the suffering caused is substantially disproportional to the military advantage gained.”

-Solis (ch. 7, p. 272)


Distinction

Military Necessity

Proportionality



[M]ilitary necessity…has been defined as that principle which justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible.

-Army Field Manual 27-10 (1956)

Military Necessity

Distinction

Military Necessity

Proportionality



Part IV. Civilian Population

Section I. General Protection Against Effects of Hostilities

Chapter I. Basic rule and field of application

Art 48. Basic rule

In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.


Art 43. Armed forces

1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict.


Art 50. Definition of civilians and civilian population

1. A civilian is any person who does not belong to one of the categories of persons referred to…in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.


Art 43. Armed forces

1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict.


Art 52. General Protection of civilian objects

1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2.

2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.


Art 51. - Protection of the civilian population

1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3. Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities.


4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:(a) those which are not directed at a specific military objective;(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol;

and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.


5. Among others, the following types of attacks are to be considered as indiscriminate:(a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects;

and

(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.


Art 54. Protection of objects indispensable to the survival of the civilian population

2. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as food-stuffs, agricultural areas for the production of food-stuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.


Art 57. Precautions in attack

1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

2. With respect to attacks, the following precautions shall be taken:(a) those who plan or decide upon an attack shall:(i) do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them;



(ii) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects;(iii) refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated


Distinction

Military Necessity

Proportionality




[T]hose who plan or decide upon an attack shall…refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated


The High Contracting Parties…[b]asing themselves on the principle of international law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, and on the principle that prohibits the employment in armed conflicts of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering…have agreed to the following:

1980 Convention on Certain Conventional Weapons

Protocol I: Non-Detectable FragmentsProtocol II: Mines, Booby Traps, and Other

DevicesProtocol III: Incendiary WeaponsProtocol IV: Blinding Laser WeaponsProtocol V: Explosive Remnants of War

1980 Convention on Certain Conventional Weapons

1. Each State Party to this Convention undertakes never under any circumstances:

(a) To develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone;

(b) To use chemical weapons;(c) To engage in any military preparations to use chemical weapons;

(d) To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.

2. Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

3. Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accordance with the provisions of this Convention.

4. Each State Party undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

5. Each State Party undertakes not to use riot control agents as a method of warfare.

1993 Chemical Weapons ConventionArticle 1: General Obligations

For the purposes of this Convention:1. "Chemical Weapons" means the following, together or separately:(a) Toxic chemicals and their precursors, except where intended for

purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes;

(b) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a), which would be released as a result of the employment of such munitions and devices;

(c) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b).

2. "Toxic Chemical" means:Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

1993 Chemical Weapons ConventionArticle 2: Definitions & Criteria

Additional Protocol IArt 36. New weapons

In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.

Emerging Weapons Technologies

Additional Protocol IArt 57. Precautions in attack

2. With respect to attacks, the following precautions shall be taken:(a) those who plan or decide upon an attack shall:(i) do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them;

Drones & Robots

Additional Protocol IArt 57. Precautions in attack

[T]hose who plan or decide upon an attack shall…refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated

Drone Attacks

1993 Chemical Weapons Convention, Article 2

For the purposes of this Convention:1. "Chemical Weapons" means the following, together or separately:

Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes…

2. "Toxic Chemical" means:Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

Non-Lethal Weapons

1977 Additional Protocol IPart III. Method and Means of Warfare: Combatant and POWs

Section I. Methods and Means of Warfare

Art 35. Basic rules

1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

Non-Lethal Weapons

Additional Protocol IArt 86. Failure to act

1. The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so.

2. The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.

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