1. What is international humanitarian law?

International humanitarian law is also known as "the law of armed conflict" or "the law of war". Its fundamental premise is that even in times of armed conflict human dignity must be respected and protected, and means and methods of warfare regulated. Rules reflecting these principles can be found throughout history in most if not all cultures.

The codification of these rules at the international level started in the mid-nineteenth century, when States sought to formalize international humanitarian law in binding treaties. Since then, a variety of treaties have been concluded in order to develop and define humanitarian protections during armed conflict.

2. What are the basic rules of international humanitarian law?

Parties to an armed conflict must at all times distinguish between the civilian population and combatants in order to spare the civilian population and civilian property. Attacks may be directed solely against military objectives. Neither the civilian population as a whole nor individual civilians may be attacked. Attacks against civilian objects or indiscriminate attacks are prohibited. It is also prohibited to displace the civilian population.

People who do not or no longer take a direct part in the hostilities are entitled to respect for their lives and for their physical and mental integrity. Such people must in all circumstances be protected and treated with humanity, without any adverse distinction whatever. It is forbidden to kill or wound an adversary who surrenders or who can no longer take part in the fighting.

Parties to an armed conflict do not have an unlimited right to choose methods and means of warfare. It is forbidden to use weapons or methods of warfare that are likely to cause superfluous injury or unnecessary suffering or widespread, long-term and severe damage to the environment.

Attacks against works and installations containing dangerous forces, such as dams, dykes and nuclear electrical generating stations are also generally prohibited. Moreover goods that are indispensable to the survival of the civilian population – in particular food and water – must be protected.

The wounded and sick must be collected and cared for by the party to the conflict which has them in its power. Medical personnel and medical establishments, transports and equipment must be spared. The red cross, red crescent or red crystal on a white background is the distinctive sign indicating that such persons and objects must be respected.

Captured combatants and civilians who find themselves under the authority of the adverse party are entitled to respect for their lives, their dignity, their personal rights and their political, religious and other convictions. They must be protected against all acts of violence or reprisal. They are entitled to exchange news with their families and receive aid. They must enjoy basic judicial guarantees.

3. When and where does international humanitarian law apply?

International humanitarian law regulates situations of armed conflict. It applies in the whole territory of the States involved in a conflict, regardless of whether combat actually takes place there. Furthermore, it applies continuously until the end of the conflict.

International humanitarian law distinguishes between international and non-international armed conflicts. International armed conflicts oppose two or more States. Non-international armed conflicts – colloquially known as civil wars – on the other hand oppose a State and an organized armed group or two or more such groups. Although as a matter of law internal disturbances, such as riots, isolated and sporadic acts of violence and acts of criminality, do not amount to non-international armed conflict, such events may escalate into non-international armed conflict or often occur in States experiencing armed conflict.

An extensive range of treaty rules governs international armed conflicts, including situations of military occupation. A more limited set of treaty rules governs non-international armed conflicts. However, no matter which specific set of rules applies, all entities, States, groups and individuals whose activities are associated with armed conflict are required to respect international humanitarian law irrespective of the reasons for the conflict or the conduct of the opposing side.

4. Where can we find the rules of international humanitarian law?

Since the initial Geneva Convention of 1864, humanitarian law has evolved to meet the ever-growing need for protection resulting from developments in weaponry and new types of conflict. Today, the four Geneva Conventions of 1949 and their Additional Protocols of 1977 constitute the main instruments of international humanitarian law. Numerous other treaties address more specific topics related to conflicts, such as the regulation and use of specific weapons. International humanitarian law treaties are also complemented by customary international law. The latter is constituted by a series of rules that are not necessarily codified in treaties but derive from the consistent practice of States, accompanied by a belief that this practice is legally required.

As a testimony to the universality of international humanitarian law, all States have ratified the Geneva Conventions of 1949. The vast majority are also party to the Additional Protocols of 1977.

5. What are the relationship and differences between international humanitarian law and human rights law?

International humanitarian law and international human rights are complementary bodies of law that simultaneously apply in times of war. Both share certain common goals, such as the protection of life, health, dignity and property. Because international humanitarian law is more specifically focused on the regulation of armed conflict, in such contexts human rights will often be interpreted based on standards of international humanitarian law. For example, in situations of armed conflict the right to life under human rights law must be interpreted in light of the rules of international humanitarian law, which permit attacks against combatants.

In relation to other issues, such as procedural safeguards, human rights law may be relied upon as a supplementary body of rules protecting persons affected by armed conflict.

Despite the sometimes complex overlap with human rights law, international humanitarian law retains various distinct characteristics. Perhaps the most fundamental one of these is that human rights are traditionally understood as only binding on States – although this position is challenged by some human rights advocates – while international humanitarian law binds both State and non-State actors – including managers and staff of business enterprises for instance – whose activities are closely linked to an armed conflict. While certain human rights may temporarily be derogated under strict conditions and circumstances threatening the life of the nation, such as armed conflicts, international humanitarian law is specifically designed for such circumstances and can never be derogated.

6. Are business enterprises and their staff and managers bound by international humanitarian law?

International humanitarian law does not just bind States, organized armed groups and soldiers – it binds all actors whose activities are closely linked to an armed conflict. Consequently, although States and organized armed groups bear the greatest responsibility for implementing international humanitarian law, a business enterprise carrying out activities that are closely linked to an armed conflict must also respect applicable rules of international humanitarian law. Moreover, whether a business enterprise operates in a context of ongoing armed conflict or whether its operations, established in a peaceful setting, are caught up by the outbreak of an armed conflict does not affect its obligation to respect international humanitarian law.

Determining which activities are closely linked to an armed conflict is, however, not always easy. Providing direct support to one side in a battle is clearly such an activity. But business enterprises are likely to carry out a whole range of other activities which can be more or less connected with an armed conflict.

On the other hand, a business enterprise that violates provisions of the national criminal law of a country in circumstances that are completely independent of a surrounding armed conflict does not violate international humanitarian law. However, the line between these various situations is at times difficult to draw precisely.

In view of the above, business enterprises operating in zones of armed conflict should use extreme caution and be aware that their actions may be considered to be closely linked to the conflict even though they do not take place during fighting or on the battlefield. Likewise, it is not necessary for business enterprises and their managers to intend to support a party to the hostilities for their activities to be considered to be closely linked to the conflict.

7. What are war crimes?


War crimes represent a core of the most egregious violations of international humanitarian law. In recognition of the seriousness of such violations, States have agreed that the perpetrators of war crimes should be prosecuted and punished before criminal courts. The Geneva Conventions and their Additional Protocol I not only oblige States to criminalize certain grave breaches of international humanitarian law in their national legislation, they also require that all States investigate and prosecute such offences irrespective of where they take place and by whom they are committed.

Consequently, war crimes form part of the criminal law of most States. In addition, several international courts and tribunals, including the International Criminal Court, have jurisdiction to prosecute those responsible for such offences.

Many States have also criminalized under their national law other serious violations of international humanitarian law that are not listed above.

A significant risk of criminal liability thus exists for those who commit grave breaches of international humanitarian law, including where business enterprises or their representatives commit or knowingly assist violations carried out by others, such as contractors, subsidiaries or clients.

Moreover, participation in war crimes might also give rise to civil liability before national courts.