1-01-2004 In what situations does humanitarian law apply? For whom is it intended and who does it protect? Extract from ICRC publication "International humanitarian law: answers to your questions" International humanitarian law is applicable in two situations; that is to say, it offers two systems of protection:
Wars of national liberation, as defined in Article 1 of Protocol I, are classified as international armed conflicts . b) Non-international armed conflicts In the event of a non-international conflict, Article 3 common to the four Conventions and Protocol II apply. It should be noted that the conditions of application of Protocol II are stricter than those provided for by Article 3 . In such situations, humanitarian law is intended for the armed forces, whether regular or not, taking part in the conflict, and protects every individual or category of individuals not or no longer actively involved in the hostilities, for example:
Humanitarian law and non-international armed conflicts.
Article 3 common to the four Geneva Conventions is regarded as a sort of treaty in miniature . Even including the provisions of Protocol II, the rules on internal armed conflicts remain less complete than those dealing with international armed conflicts. It has proven difficult to strengthen the system of protection in non-international armed conflicts in the face of the principle of State sovereignty. What law applies to internal disturbances and other situations of internal violence?
International humanitarian law does not apply to situations of violence not amounting in intensity to an armed conflict. Cases of this type are governed by the provisions of human rights law and such measures of domestic legislation as may be invoked. |