Effectiveness of applying the rules of international humanitarian law in international and non-international conflicts
International Humanitarian Law IHL, formerly referred to as the laws of war or the laws of armed conflict, are employed as regulatory guidelines during wars to reduce the impacts of armed conflicts. Drawing its principles and rules from extensive practices acknowledged as standard law, the IHL plays a central role in bridging the gap unfilled by the treaty law, ensuring that victims of armed conflicts are protected.
The IHL operates under two fundamental principles. The rule that anyone not involved or no longer participating in war ought to be protected from the effects of conflict and that parties involved in a dispute have unlimited rights to choose the methods of confrontation. Initially, IHL only regulated armed conflicts between states but has evolved to cover armed conflicts between non-states and other groups within a state. IHL functions independently from treaty laws, controlling all activities of armed conflicts. Once two parties are involved in an armed conflict, IHL chimes in overriding any other bodies of law that cover armed conflicts.
Types of Armed Conflicts
IHL classifies armed conflicts into two main categories. International Armed Conflicts (IAC), and Non-International Armed Conflicts (NIAC). Proper classification is vital in defining which rules apply to conflict. IAC covers armed conflicts that arise between two or more states, while NIAC encompasses armed violence between organized groups and government authorities or between such groups within a state. However, challenges often arise when trying to separate AICs from NIACs because it is possible for them to exist at the same time and location or the possibility of one developing into the other.
So, how effective are the rules of IHL?
One of the most important functions of IHL in armed conflicts is to reduce the effects, particularly the human costs of warfare. As mentioned earlier, one of the principles of IHL is to ensure that victims of armed conflicts are protected. IHL requires parties of armed conflicts to correctly separate civilians and combatants as well as civilians vs. military property. IHL also rules against attacks that are likely to result in injury or death of civilians or excessive destruction of properties. Additionally, IHL also prohibits indiscriminate attacks that can cause suffering or inflict harm to civilians.
Secondly, while emphasizing treaty laws regarding the protection of war victims, IHL also bridges the gap on treaties that lack proper ratifications in some states and those that are unclear regarding non-international armed conflicts. This is particularly helpful in situations where its hard to determine whether a dispute is an international or non-international conflict or when parties to a conflict have not ratified the same treaties.
The fundamental goal of IHL, however, remains to protect the victims of armed conflicts and minimize any form of suffering by regulating activities of armed conflicts.
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