Frequently Asked Questions

What is the difference between IHL, Law of Wars and Laws of Armed Conflicts?
The IHL mainly consists of the four Geneva Conventions and its two Additional Protocols respectively established in 1949 and 1977. Its main objective is to protect those who are not directly or no longer involved in armed conflicts, medical facilities, civilian objects and natural environment, and to avoid unnecessary harms through limiting acts in war. The IHL is sometimes called the Laws of War or Law of Armed Conflicts.
 
What is the relation between the IHL and the Red Cross?
More than a hundred years ago, the founder of the Red Cross Movement, Henry Dunant, initiated the signing of the First Geneva Convention by 16 nations. This Convention protects injured soldiers, and provides for the Red Cross to act as neutral medical agent. This was the origin of the IHL and the International Red Cross and Red Crescent Movement.
 
What does the IHL say about treatment of prisoners of war?
Prisoners of war (POW) are protected by the IHL because they are no longer directly involved in the armed conflict. The detaining party has to ensure protection for the POW at all times, particularly against acts of violence or intimidation and against insults and exposure to public curiosity.
 
Does the use of biochemical weapons constitute a violation of the IHL?
Warring parties are prohibited from using biochemical weapons, because these weapons cannot distinguish people directly involved in armed conflicts from those who are not, and cause massive damages. Moreover, development, production and storage of these weapons are also prohibited.
 
Does feigning civilian status or surrender violate the IHL?
Civilians and prisoners of war are protected by the IHL. Using this protection for military purposes, such as using civilians as human shields or feigning of surrender to gain advantages are both violations to the IHL.
 
Are all the civilian facilities protected by the IHL?
The IHL prohibits attack on civilian facilities, but if these facilities are occupied and used for military purposes, the protection is void. Thus, warring parties should not use civilian facilities to shield military operations.
 
What are the consequences of violating the IHL?
Besides facing pressure and condemnation from the international community, violation of the IHL may also bring the individuals to trial at the International Criminal Court located in the Hague, Holland.

 

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