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US Soldiers wounded in SW Pacific, 1943 |
International humanitarian law and human rights law have different histories. International humanitarian law evolved from the customs and practices of armed conflict. International human rights law has a more recent history that begins with the end of World War II and the creation of the United Nations.
Human rights law is generally designed for situations of peace, but some of the core norms pertain equally to peace and armed conflict, such as the Torture Convention. While some human rights norms can be suspended in times of national emergency that threaten the life of the nation, other norms, like prohibiting torture, remain in legal force all the time, whether in peace or war. In principle, human rights law has a broad scope, whereas international humanitarian law applies only in situations of war, either civil or international.
There are two main strands of international law of armed conflict:
There are important overlaps between the two. For example, both deal with prisoners of war. The principle difference is that the Hague tradition of law pertains to means and methods of combat, while the Geneva or Red Cross tradition pertains to victims of war, thus focusing on persons rather than ways of fighting.
Click each button to find out more about each type of international humanitarian law.
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Created from 19th century conferences in The Hague, Netherlands
Focused on rights and duties of states during warfare (including rights of neutral states, weapons prohibitions, treatment of prisoners)
The International Court
of Justice at The Hague
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| Geneva Law is linked to the work of the International Committee of the Red Cross (ICRC) in protecting the dignity of victims of war. That includes combatants as well as people in the war zone who are not combatants.
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World Red Cross Red Crescent Day — 8 May 2005 |
The ICRC, based in Geneva, is the founding agent of the International Red Cross and Red Crescent movement. As a result of lobbying by the ICRC, seven conventions (treaties) were adopted between 1864 and 1949.
The four Geneva Conventions of 1949 constitute the modern core of what is called “Geneva Law”:
- First and Second Conventions = protection for wounded and sick military personnel
- Third Conventions = protection for combatants
- Fourth Convention = protection for civilians
- Common Article 3 of all Conventions = protections for victims of civil wars
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Should human rights be viewed differently during times of war v. times of peace?
During a time of war, why is it important that there are rules of engagement?
Do you think countries follow rules of war most of the time?
How would we know if they did not? |
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