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International treaty law only binds States which are party to a particular treaty; customary international law, on the other hand, is, in general, binding on all States. And while some international humanitarian law treaties, such as the 1949 Geneva Conventions, are today universally ratified, this is not the case for all treaties. [4]
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). [1] [2] It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.
The International Committee of the Red Cross [a] (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and promoting humanitarian norms.
Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict.
international humanitarian law; international human rights law; international criminal law; refugee law; The project will ultimately cover all member states of the United Nations and parties to the Geneva Conventions as well as contested territories, whether they are in situation of armed conflict or not. Indeed, certain international rules ...
In 1993, the United Nations Security Council adopted a report from the Secretary-General and a Commission of Experts which concluded that the Geneva Conventions had passed into the body of customary international humanitarian law, thus making them binding on non-signatories to the Conventions whenever they engage in armed conflicts. [9]
The Customary International Humanitarian Law guide suggests that rules prohibiting use of civilians as human shields are "arguably" customary in non-international armed conflict. [6] The development and application of humanitarian law to modern asymmetric warfare is currently being debated by legal scholars. [7]
An example of reprisal is the Naulila dispute between Portugal and Germany in October 1914, when they were on opposite sides of the World War I chasm. After three Germans were mistakenly killed in Naulila on the border of the then-Portuguese colony of Angola (in a manner that did not violate international law), [6] Germany carried out a military raid on Naulila, destroying property in retaliation.