INTERNATIONAL LAW OF

ARMED CONFLICT:
AN INTRODUCTION

What is LOAC?
Often referred to as the law of war or
International Humanitarian law or IHL, LOAC
stems from a special branch of public
international law comprising rules which seek to

protect in times of armed conflict, people who

are not or are no longer taking part in hostilities,
and
restrict the methods and means of warfare
employed.

Purpose of LOAC
Broadly, LOAC aims to limit the effects of war on
people and objects.
Key message:
Do not attack people who do not no longer take part
in hostilities;
Do not use weapons that make no distinction between
combatants and civilians or weapons & methods of
warfare which cause unnecessary suffering and/or
damages.
LOAC does not determine whether a State does or does
not have the right to resort to armed force. This aspect
is governed by a separate branch of public
international law within the framework of the UN
Charter.

What is International Law?

The

law that regulates the relationship between

States
States
-- are the core subjects of international law - states have rights and obligations under
international law
International organisations
Individuals
Corporations

What is a State?
Defined Territory
Permanent Population
Government
Sovereignty

(independent control/jurisdiction

on territory
All states are legally equal

Statute of the International Court of Justice

Art.38

The ICJ shall apply:

a. international conventions, whether general or
particular, establishing rules expressly recognized by
the contesting states;
b. international custom, as evidence of a general
practice accepted as law;
c. the general principles of law recognized by
civilized nations;
d. subject to the provisions of Article 59, judicial
decisions and the teachings of the most highly
qualified publicists of the various nations, as
subsidiary means for the determination of rules of
law.

Sources of International Law

Formal Sources:
Customs
Treaties
General Principles
Material Sources:
State practice
Practice of international organisations
Judicial decisions
Writings of jurists
UN General Assembly resolutions

Brief History of LOAC

Three main trends characterise LOAC:
A.
B.
C.

The Geneva Trend

The Hague Trend
The New York Trend

LOAC and the Prohibition of the Use of Force

Jus

ad bellum are the international

rules pertaining to which extent the

use of military force against another
state is allowed.

Jus

in bello are the international

rules pertaining to how armed
conflict must be conducted.

Jus ad bellum
The Prohibition:
The UN Charter Article 2 (4) prohibits the use or
threat of use of force against states is prohibited.
Accordingly, all Members shall refrain in their
international relations from the threat or use of force
against the territorial integrity or political
independence of any state, or in any other manner
inconsistent with the Purposes of the United Nations.

Exceptions:
The UN Charter Articles 39 41 &the right of selfdefence (Article 51).

Article 2 (4) is jus cogens

Jus

cogens: peremptory norm of

general international law:

..a

norm accepted and recognized

by the international community of
States as a whole as a norm from
which no derogation is permitted
The Vienna Convention on the Law of
Treaties (VCLT) Article 53.

In What Situations Does LOAC Apply?

International armed conflicts, e.g. wars of

liberation.
Non-international armed conflicts, or otherwise
known as internal armed conflicts, for
example, hostilities by belligerent groups
within the territory of a state.
LOAC does not apply to situations of violence
not amounting to, in intensity, to an armed
conflict. Such cases are governed by Human
Rights law and relevant domestic legislation.

What Does LOAC Protect?

People

--civilians
-- individuals who are no longer taking part in fighting,
--wounded, sick and shipwrecked military personnel ,
--prisoners of war,
--medical and religious staff.
Certain

places and objects

-- hospitals and
-- ambulances

Protection against
Violence to life, health or physical or mental

well-being, in particular murder, torture,

corporal punishment and mutilation;
Outrages upon personal dignity, in particular
humiliating or degrading treatment, rape,
forced prostitution, & any form of indecent
behaviour;
The taking of hostages;
Collective punishment;
Threats to commit any of the above acts.

Means of Protection
LOAC prohibits methods and means of warfare:
that target people who are not taking part in fighting.
Methods & means of warfare that do not distinguish
between combatants & protected persons, e.g. carpet
bombing, are prohibited.
that cause superfluous injury, e.g. IHL prohibits the
use of weapons the effect of which would be
excessive in relation to the military advantage
anticipated, such as, exploding bullets whose aim is
to cause untreatable wounds.
that cause lasting damage to the environment, e.g. the
use of biological and chemical weapons and antipersonal landmines.

Basic Principles of LOAC

Humanity

-- civilians and combatants remain under protection & authority

of international law derived from established custom,
principles of humanity& dictates of public conscience.

Distinction

-- parties to the conflict to distinguish between civilian objects

and military objectives in carrying out operations.

Military necessity

-- only legitimate objective of States at war is to weaken military

forces of the enemy.

Proportionality

-- strike a balance between two diverging interests, one dictated

by military considerations, &the other by requirements of
humanity.

Principal Treaties
1949 Geneva Conventions for the Protection of
Victims of War
First Convention for the Amelioration of the
Condition of the Wounded and Sick in the Armed
Forces in the Field
Second Convention for the Amelioration of the
Condition of the Wounded, Sick and Shipwrecked
Members of the Armed Forces at Sea
Convention Relative to the Treatment of Prisoners
of War
Fourth Convention Relative to the Protection of
Civilian Persons in Time of War

Treaties cont
Additional Protocols to Geneva Conventions
Protocol I: International Armed Conflicts,

1977
Protocol II: Non-international Armed Conflict,
1977
Protocol III: Adoption of an Additional
Distinctive Emblem, 2005

Fundamental Guarantees of IHL

A set of rules setting forth minimum treatment to
which any individual in the power of a party to the
conflict is entitled.
There can be no derogation from these rules.
Individuals shall be treated humanely and violence
against the lives, health, and well-being of people is
prohibited at al times and in all places.
Persons who are in the power of a Party to the conflict
shall be treated humanely in all circumstances,
without any adverse distinction based on race, colour,
sex, language, religion or belief, political opinion,

Who Must Respect LOAC and Why?

States Parties
Individuals

Why?
--- Moral duty
--- Prudent military option
--- Sensible political choice
--- Legal obligation

THANK YOU