Definition of International Humanitarian Law

The International right Humanitarian as a branch of right It arises from the need to regulate and order the consequences caused by armed conflicts. The legal regulation of this sphere of law has historically had two different spheres: the debate when it should be applied and how it is carried out.

The purpose of International Humanitarian Law

The fundamental purpose of International Humanitarian Law is to reduce the negative effects of war and, on the other hand, to apply certain norms to the exceptionality of war. In other words, International Humanitarian Law or IHL tries to alleviate the human suffering derived from war. This objective is based on two principles: 1) the principle of humanity, which is based in turn on the dignity intrinsic to any individual (for example, in battlefield medical care no distinction can be made among the wounded and they must be treated equally) and 2) the principle of military necessity, which is one that the parties Those involved need the legitimate means to achieve their military objectives, which must be met with the least possible possible damage. Thus, the two principles mentioned are the pillar of the provisions of IHL.

On the other hand, IHL does not incorporate norms that specify when a conflict warlike. Nor is it defined on the cause of a war (if it is just or unjust or was legitimized in some sense).

An essential aspect within IHL is the specification and differentiation of two general concepts: armed conflict international and non-international armed conflict. At the same time, IHL presents a series of guidelines related to the nature of armed conflicts (the hierarchy military, the ability to recruit soldiers or territorial control of an army). The precise definition of the warlike elements of a conflict is decisive for a conflict situation to be legally understood in the international arena or outside of it.

IHL in the framework of Human Rights

Both IHL and Human rights They start from the same idea: to protect the victims. However, Human Rights were formed as a tool law aimed at curbing the power of the state over possible abuses towards the individuals that are part of it. In the case of IHL, it applies not to the power of the state but to the states that were faced in a warlike conflict.

IHL incorporates specific legal provisions to limit military conflict (for example, the treatment of prisoners or the protection of hospitals during war). On the contrary, Human Rights are conceived in a general way and not necessarily in the field of military conflict.

The current legal provisions of IHL were established in 1949 within the Geneva Convention (the 19th century had place the first convention, which had the objective of protecting the wounded and sick that occurred in the fields of battle).

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