Game mechanics: The game will have three rounds.

For the first round, I will be

asking various questions about the International Covenant on Civil and Political
Rights. Each contestant will have a buzzer, which they could hit at my signal.
Contestant to hit the buzzer first will get to answer the question. If the contestant
gives the correct answer, he/she will receive the corresponding number of points and
if he/she fails to give the correct answer, the other contestants will get a chance to
steal at my signal. I will explain the mechanics of the succeeding rounds later on. No
we begin our game!
***Explanation may be done by the host himself/herself or the contestants.
TOPIC: 1. Categories of armed conflicts
Host: Whoever gets to give one of the answers for this question first is
given the chance to enumerate ALL of the answers. Each correct answer
will give you 5 points. Enumerate all, you get 30 points. The others are
given the chance to steal if ever one person gets the wrong answer. Are
you guys ready?
Q: What is the branch of public international law that consists of rules that, in times of armed
conflict, seek for humanitarian reasons to protect persons who are not or are no longer
directly participating in the hostilities, and to restrict means and methods of warfare?
A: International Humanitarian Law.
EXPLANATION: It is the branch of public international law that consists of rules that, in times of
armed conflict, seek for humanitarian reasons to protect persons who are not or are no longer
directly participating in the hostilities, and to restrict means and methods of warfare.
It consists of international treaty or customary rules that are specifically meant to resolve
humanitarian issues arising directly from armed conflict, whether of an international or a noninternational character.
IHL is also synonymous to laws of war or laws of armed conflict.
Q: What are the two branches of IHL?
A:
1. The law of Geneva; and
EXPLANATION: which is the body of rules that protects victims of armed conflict, such as
military personnel who are hors de combat and civilians who are not or are no longer directly
participating in hostilities.
2. The law of The Hague.
EXPLANATION: which is the body of rules establishing the rights and obligations of belligerents
in the conduct of hostilities, and which limits means and methods of warfare.
Q: Who is the author of this clause: 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 the dictates of public conscience.?
A: Floyd Martens.
EXPLANATION: The above, known as the Martens clause, first appeared in the preamble to the
1899 Hague Convention (II) on the laws and customs of war on land.
Anything not explicitly prohibited by IHL is not automatically permissible.
Q: What is the principle which refers to the conditions under which States may resort to war or to
the use of armed force in general?

A: Jus ad bellum
EXPLANATION: The prohibition against the use of force amongst States and the exceptions to it
(self-defence and UN authorization for the use of force), set out in the United Nations Charter of
1945, are the core ingredients of jus ad bellum
Q: What principle regulates the conduct of parties engaged in an armed conflict and is
synonymous with IHL?
A: Jus in bello
EXPLANATION: It seeks to minimize suffering in armed conflicts, notably by protecting and
assisting all victims of armed conflict to the greatest extent possible
Q: How is IHL developed by States?
A: Through the adoption of treaties and the formation of customary law.
Q: When does IHL apply?
A: IHL applies only in situations of armed conflict.
Q: What are the kinds of armed conflicts?
A: International armed conflict and Non-International armed conflict
Q: What are international armed conflicts?
A: IACs occur when one or more States resort to the use of armed force against another State.
EXPLANATION: An armed conflict between a State and an international organization is also
classified as an IAC.
Q: What are non international armed conflicts?
A: A NIAC is an armed conflict in which hostilities are taking place between the armed forces of a
State and organized non-State armed groups, or between such groups.
Q: What is a conflict in which people are fighting against colonial domination and alien
occupation and against racist regimes in the exercise of their right of self-determination?
A: War of national liberation
EXPLANATION: It is classified as IACs
Q: Can there be simultaneous existence of IAC and NIAC within the same territory?
A: YES. In certain situations, several armed conflicts may be taking place at the same time and
within the same territory.
EXPLANATION: In such instances, the classification of the armed conflict and, consequently, the
applicable law will depend on the relationships between the belligerents.
Consider this hypothetical example. State A is involved in an NIAC with an organized non-State
armed group. State B directly intervenes on the side of the organized non-State armed group.
State A and State B would then be involved in an IAC, but the armed conflict between State A and
the organized armed group would remain non-international in character. If State B were to
intervene on the side of State A, both State A and the organized non-State armed group and State
B and the organized non-State armed group would be involved in an NIAC.

Q: Are internal disturbances and tensions considered armed conflicts?

A: NO. Internal disturbances and tensions (such as riots and isolated and sporadic acts of
violence) are characterized by acts that disrupt public order without amounting to armed conflict
EXPLANATION: They cannot be regarded as armed conflicts because the level of violence is not
sufficiently high or because the persons resorting to violence are not organized as an armed
group.
IHL does not apply to situations of violence that do not amount to armed conflict. Cases of this
type are governed by the provisions of human rights law and domestic legislation.
Q: What are the the main instruments of IHL?
A: The Geneva Conventions of 1949 and their Additional Protocols of 1977 (contain almost 600
articles)
Q: What are the main rules applicable in international and non-international armed conflicts?
A:

Q: What are the Geneva Conventions?

A: The Geneva Conventions are 4 treaties adopted in 1949 that set the standards for the
humanitarian law in armed conflicts.
EXPLANATION:
First Geneva Convention: Wounded or sick soldiers on land and members of the armed forces
medical services
Second Geneva Convention: Wounded, sick or shipwrecked military personnel at sea, and
members of the naval forces medical services
Third Geneva Convention: Prisoners of war
Fourth Geneva Conventions: Civilians, such as:
foreign civilians on the territory of parties to the conflict, including refugees
civilians in occupied territories
civilian detainees and internees
medical and religious personnel or civil defense units.
Q: This provides minimum protection in non-international armed conflicts. It is regarded as a
treaty in miniature, representing a minimum standard from which belligerents should never
depart.
A: Common Article 3
EXPLANATION: The rules contained in common Article 3 are considered to be customary law.

Q: This supplements the protection afforded by the four Geneva Conventions in international
armed conflict.
A: Additional Protocol I of 1977
EXPLANATION: For example, it provides protection for wounded, sick and shipwrecked civilians
and civilian medical personnel. It also contains rules on the obligation to search for missing
persons and to provide humanitarian aid for the civilian population. Fundamental guarantees are
provided for all persons, independently of their status. In addition, Additional Protocol I codified
several rules on protection for the civilian population against the effects of hostilities.
Q: It develops and supplements common Article 3 and applies in non-international armed
conflicts between the armed forces of a State 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.
A: Additional Protocol II of 1977
EXPLANATION: It strengthens protection beyond the minimum standards contained in common
Article 3 by including prohibitions against direct attacks on civilians, collective punishment, acts
of terrorism, rape, forced prostitution and indecent assault, slavery and pillage. It also provides
rules on the treatment of persons deprived of their liberty.
TOPIC: 2. Core international obligations of states in international humanitarian law
Q: Who is bound by IHL?
A: All parties to an armed conflict whether States or organized non-State armed groups are
bound by treaty and customary rules of IHL.
Q: Who may become parties to international treaties such as the Geneva Conventions and their
Additional Protocols?
A: Only States may become parties to international treaties such as the Geneva Conventions and
their Additional Protocols. As of November 2013, 195 States were party to the Geneva
Conventions. The fact that the Conventions are all but universally ratified testifies to their
importance. As of March 2014, 173 States were party to Additional Protocol I, 167 to Additional
Protocol II and 66 to Additional Protocol III.
Organized non-State armed groups and their obligations.
Q: Who are bound by common Article 3 and Additional Protocol II?
A: Organized non-State armed groups are bound as parties to non-international armed conflict
by common Article 3 and Additional Protocol II provided that the State to which they belong is
party to the treaties in question. In any case, they are also bound by customary IHL rules
pertaining to non-international armed conflicts.
Q: Parties to an armed conflict are the only ones obliged to observe IHL. True or False?
A: False! It is not only the parties to an armed conflict that have obligations under IHL. All States
and the international community as a whole must respect and ensure respect for IHL.
EXPLANATION: This phrase can be found in common Article 1, which states: The High
Contracting Parties undertake to respect and to ensure respect for the present Convention in all
circumstances. (See also Article 1, paragraph 1, of Additional Protocol I.)

Q: The obligation of parties to a conflict to respect and ensure respect also exists in customary
IHL. True or False?
A: True! The obligation of parties to a conflict to respect and ensure respect also exists in
customary IHL.
EXPLANATION:
To respect means that parties to IHL treaties must apply these treaties in good faith.
To ensure respect has a broader meaning: States party to IHL treaties, whether engaged in a
conflict or not, and the international community as a whole, must take all possible steps to ensure
that the rules are respected by all, and in particular by parties to conflict.
Q: What is universal jurisdiction?
A: It is a principle which provides that States are required to seek out and punish any person who
has committed a grave breach of IHL irrespective of his nationality or the place where the
offence was committed.
EXPLANATION: It is essential to guarantee that grave breaches are effectively repressed.
Universal jurisdiction provides the basis in international law for State laws that enable courts in
one State to prosecute persons who have committed international crimes in a different State.
Q: Basically, States bear the primary responsibility for ensuring that the basic needs of civilians
and civilian populations under their control are met. What happens if States are unable or
unwilling to discharge this responsibility?
A: If States are unable or unwilling to discharge their responsibilities, IHL provides for relief
action to be taken by others, such as humanitarian organizations, subject to the consent of the
State concerned.
EXPLANATION: In order to carry out their tasks, humanitarian organizations must be granted
rapid and unimpeded access to the people affected.
The legal framework pertaining to humanitarian assistance can be found in the Geneva
Conventions and their 1977 Additional Protocols as well as in customary IHL.
Q: What objects are specifically protected under IHL?
A: Medical units and transports, Cultural property, The natural environment, Works and
installations containing dangerous forces
EXPLANATION: The specific protection for medical units and transports under IHL is a
subsidiary form of protection afforded to ensure that the wounded and the sick receive medical
care.
Q: Is the protection afforded to Medical Units and Transports absolute?
A: No. If medical units and transports are used to commit, outside their humanitarian function,
acts harmful to the enemy, they will lose their protection and may be subject to attacks.
EXPLANATION: Before attacking them, however, a warning must be issued, setting, whenever
appropriate, a reasonable time limit; the attack may be authorized only if the warning has
remained unheeded. Examples of acts harmful to the enemy include the use of medical units to
shelter able-bodied combatants or store arms or munitions, or as military observation posts or
shields for military action. Even then, however, as with all attacks on a military objective, the
rules on proportionality and precautions must be complied with for the benefit of the wounded
and the sick or medical personnel who may be inside a medical unit or transport from which acts
harmful to the enemy are being committed.

Q: What are the States duty in peacetime and during armed conflicts?

A: States have a duty, in peacetime and during armed conflicts, to take

certain legal and practical measures aimed at ensuring full compliance with
IHL. IHL treaties also provide for a number of mechanisms to ensure
compliance with the law. These rules and mechanisms can be broadly divided
into three categories.
1. Preventive measures
2. Measures and mechanisms to monitor compliance with IHL for the duration
of a conflict
3. Measures of repression These are based on the duties of the parties to the
conflict to prevent and put a halt to all violations.
Q: What are States obligations on alleged war criminals?

A: States obligations, either: Prosecution or extradition of alleged war

criminals.
EXPLANATION: On becoming party to the Geneva Conventions or Additional
Protocol I, States undertake to enact legislation necessary to punish persons
guilty of what are known as grave breaches of the Conventions and the
Protocol. Under IHL, States are required to seek out and punish any person
who has committed a grave breach of IHL irrespective of his nationality or
the place where the offence was committed.
Topic: 3. Principles of International Humanitarian Law
Q:

Whom

does

IHL

protect?

A: IHL protects all victims of armed conflicts, including both civilians and combatants who have
laid down their arms.
EXPLANATION: The nature of the protection it provides varies and is determined by whether the
person in question is a combatant or a civilian.
Q: Name the persons protected under International Armed Conflicts.
A:

Civilians,

hors

de

combat,

Medical

Personnel,

Religious

Personnel

Q: Why should these civilians be protected by IHL?

A: The rationale is that these civilians must be protected by IHL because they no longer enjoy the
protection of their own State either because it is at war with the State in whose power they are
or because it has no diplomatic relations with that State. The aim is also to protect civilians from
arbitrary acts of an adverse party because of their allegiance to its enemy.
EXPLANATION:
Civilians are entitled to protection in two different situations.
First, they enjoy general protection against dangers arising from hostilities. Civilians, defined as
all persons who are not combatants, must not be the object of attacks. The only exceptions to this
rule are civilians who directly participate in hostilities, for example, by taking up arms against the
enemy. In such instances, they may be targeted for attack, but only so long as they directly
participate in hostilities.
Second, civilians are protected persons under IHL when in the hands of a party to the conflict,
provided that:
they are not nationals of this enemy State

 they are not nationals of an ally of this enemy State (unless these two States do not
enjoy normal diplomatic relations)
they are not nationals of a neutral State, i.e. a non-belligerent State (unless these two
States do not enjoy normal diplomatic relations). In occupied territories, however,
nationals of a neutral State are always protected persons.
Q: When are combatants considered to be hors de combat?
A:
1. When they are in the power of an adverse party;
2. When they clearly express an intention to surrender; or
3. When they are wounded or sick to such an extent that they are incapable of defending
themselves.
Q: Who are Prisoners of war?
A: It the status enjoyed by combatants when they fall into the power of the enemy owing to
capture, surrender, mass capitulation or some other reason. As such, they cannot be prosecuted
or punished for having directly participated in hostilities.
EXPLANATION: Prisoners of war are entitled to humane treatment and respect for their lives,
their dignity, their personal rights and their political, religious and other convictions. They must
not be subjected to torture, cruel or degrading treatment or corporal punishment and must be
protected against all acts of violence or reprisal. IHL contains detailed rules protecting prisoners
of war, particularly on the conditions of their detention, the judicial and procedural guarantees to
which they are entitled, and their release and repatriation. (
Q: True of False. Combatants have a right to directly participate in hostilities and enjoy immunity
from prosecution for their acts of belligerence.
A: True.
EXPLANATION: If they commit war crimes, however, they must be held responsible.
Q: Does IHL recognize any specific categories of person in non-international armed conflicts?
A: No. IHL does not recognize any specific categories of person in non-international armed
conflicts.
EXPLANATION: That is because States do not want to give members of organized non-State
armed groups the status of combatants, which entails the right to take a direct part in hostilities.
Therefore, common Article 3 and Additional Protocol II simply provide that everyone not actively
involved in hostilities, or no longer taking part in them, is entitled to protection. This enables IHL
to protect civilians and those who are no longer taking a direct part in hostilities. Because there is
no combatant status in non-international armed conflicts, there is no prisoner-of-war status
either. This means that members of organized non-State armed groups taking up arms in such a
conflict may be prosecuted under domestic law for doing so.
Topic: 4. Law on Neutrality
Q: ________ describes the formal position taken by a State which is not participating in an
armed conflict or which does not want to become involved.
A: Neutrality
EXPLANATION: This status entails specific rights and duties. On the one hand, the neutral State
has the right to stand apart from and not be adversely affected by the conflict. On the other hand,
it has a duty of non-participation and impartiality.
Q: What are the sources of the International Law of Neutrality?

A: Customary international law and, for certain questions, international treaties, in particular the
Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of
Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII
concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva
Conventions and Additional Protocol I of 1977.
Q: The territory of a neutral State is________. It is prohibited to commit any act of hostility
whatsoever on such territory.
A: inviolable
Q: When does a state lose its neutral status?
A: if they commit hostile acts against a belligerent.
EXPLANATION: Individuals may join the armed forces of a belligerent party, but then they also
lose their neutral status. They still have all the guarantees of protection that a member of those
forces would enjoy, and therefore are entitled to POW status if they are subsequently captured. If,
however, they can be defined as mercenaries, whom we covered in an earlier lesson, they do not
have the right to be considered as combatants or POWs.
As long as their home State maintains normal diplomatic relations with the belligerent State they
are living in or visiting, neutral persons are to be treated in the same way as they would be in
peacetime. They remain under diplomatic protection.
If there are no such diplomatic relations, neutral persons are entitled to be treated as protected
persons under the Fourth Geneva Convention. It makes no difference to their status if they are
civilians or members of the armed forces of the neutral State to which they belong).
Q: What are the duties of a belligerent state?
A: They must establish a neutrality policy ensuring respect for neutral space, in particular
that armed forces involved in the conflict do not enter neutral space and that neutral States are
not affected by the collateral effects of hostilities and They must issue clear instructions and
orders to the armed forces in action in the vicinity of neutral space to avoid violations.
Q: What are the duties of neutral states?
A:
1. Policy and instructions 2. Particular obligations 3. non-military telecommunications
EXPLANATION: Policy and instructions the neutral State must also take measures to
ensure and enforce the protection of its neutrality in the neutral space for which it is responsible
in relation to the belligerent parties and in particular their armed forces. To obtain neutral status,
the State does not have to make a formal declaration, nor do other States or parties formally have
to recognize such status. A formal declaration will only have the effect of making neutral status
better known.
The armed forces of the neutral State also require clear instructions on how they are to operate in
relation to the defence of their territory and in dealing with incursions. For isolated and
accidental violations of neutral space, the instructions might include the need to issue warnings or
give a demonstration of force. For increasingly numerous and serious violations, a general
warning might be called for and the use of force stepped up.
Particular obligations the neutral State must ensure respect for its neutrality, if necessary
using force to repel any violation of its territory. Violations include failure to respect the
prohibitions placed on belligerent

parties with regard to certain activities in neutral territory, described above. The fact that a
neutral State uses force to repel attempts to violate its neutrality cannot be regarded as a hostile
act. If the neutral State defends its neutrality, it must however respect the limits which
international law imposes on the use of force.
The neutral State must treat the opposing belligerent States impartially. This obligation does not
mean that a State is bound to treat the belliger- ents in exactly the same way. It entails a
prohibition on discrimination. That is it forbids only differential treatment of the belligerents
which in view of the specific problem of armed conflict is not justified. Therefore a neutral State is
not obliged to eliminate differences in commercial relations between itself and each of the parties
to the conflict at the time of the outbreak of the armed conflict. It is entitled to continue existing
com m ercial relations. A change in these com m ercial relationships could, however, constitute
taking sides inconsistent with the status of neutrality.
A neutral State must never assist a party to the armed conflict, in particular it must not supply
warships, ammunition or other war materials directly or indirectly to a belligerent power, but
otherwise its trade with the belligerent States remains unaffected.
There should be no need to develop this point. However, if any student refers to the laws
subsequent provisions on the subject, you might need to point out, in class or after, that the law is
a little confusing. Subsequent provisions in the two main Hague Conventions on neutrality hint
that such supply by private companies or individuals of a neutral State might nevertheless be
acceptable. State practice since the adoption of those Conventions has modified this view. The
separation of the State and private armaments industry is now artificial and does not correspond
to political reality. Arms production and the arms trade are in many ways managed, promoted
and controlled by the State. Customary international law at present holds that the State is
committing a non-neutral act if it grants permission to supply any sort of war materials, i.e. not
just the examples given in the law (warships, ammunition and other war materials), which are
purely illustrative. Massive financial support for a party to the conflict, supplying oil or coal, etc.,
would also tend to constitute non-neutral behaviour.
Regarding the use of telecommunication equipment, again State practice and technology have
moved on since 1907. However, the principles of the Hague Convention No. V remain valid. The
outbreak of an armed conflict does not result in the obligation for a neutral State to prevent the
use of its telecommunication installations by a party to the conflict which used them or had access
to them before. Existing non-military telecommunications, in particular those owned by
public companies, may be used by the parties to the conflict. They can rent fixed lines for voice
and data communication of a military nature and may be granted access from such lines to
satellite communications. On the other hand, it would be considered a non-neutral act for a
neutral State to place at the disposal of a party to the conflict telecommunication installations not
available to it under normal conditions, e.g. its own military communications system, to create
new infrastructure for a party to the conflict or to allow it to create such facilities itself.
ELIMINATION/ BONUS ROUND: Audience
True of False: Please state True if the said statement is one of the essential IHL rules. If otherwise,
False.
1.The parties to a conflict may not distinguish civilians and combatants.
False.
EXPLANATION:The parties to a conflict must at all times distinguish between civilians and
combatants in order to spare the civilian population and civilian property.
2. Attacks on civilians are justified during war times.
False.

EXPLANATION: Neither the civilian population as a whole nor individual civilians may be
attacked. Attacks may be made solely against military objectives.
3. During war times, parties to conflicts may use the weapons and methods to be employed at the
adverse party.
False.
EXPLANATION: Parties to a conflict do not have an unrestricted right to choose methods or
means of warfare. Using weapons or methods of warfare that are indiscriminate is forbidden, as is
using those that are likely to cause superfluous injury or unnecessary suffering.
4. Once an adversary has been incapable of taking part in the hostilities, he/she is entitled under
the protection of IHL
True.
EXPLANATION: It is forbidden to wound or kill an adversary who is surrendering or who can no
longer take part in the fighting. People who do not or can no longer take part in the hostilities are
thus entitled to respect for their lives and for their physical and mental integrity. Such people
must in all circumstances be protected and treated with humanity, without any unfavourable
distinction whatsoever.
5. The wounded and the sick must be searched for, collected and cared for as soon as
circumstances permit.
True.
EXPLANATION: The wounded and the sick must be searched for, collected and cared for as soon
as circumstances permit.
6. Medical personnel and medical facilities, transports and equipment must be spared.
True.
EXPLANATION: The red cross, red crescent or red crystal on a white background is the
distinctive sign indicating that such persons and objects must be respected.
7. Captured combatants and civilians who find themselves under the authority of an adverse party
are entitled to respect for their lives, their dignity, their personal rights and their political,
religious and other convictions.
True.
EXPLANATION: They must be protected against all acts of violence or reprisal. They are entitled
to exchange news with their families and receive aid. Their basic judicial guarantees must be
respected in any criminal proceedings against them.