To put things as simply as possible, these rules can be summed up in four precepts: do not attack non-combatants, attack combatants only by legal means, treat persons in your power humanely, and protect the victims …

Is IHL customary?

Customary international humanitarian law is a set of unwritten rules derived from a general, or common, practice which is acknowledged as law. It’s the basic standard of conduct in armed conflict accepted by the world community.

What are the essential rules of IHL?

International humanitarian law: the essential rules

• It is forbidden to kill or wound an adversary who surrenders for who can no longer take part in the fighting.
• Neither the parties to the conflict nor members of their armed forces have an unlimited right to choose methods and means of warfare.

What is principle of distinction in IHL?

The principle of distinction is a fundamental principle of international humanitarian law which provides that parties to an armed conflict must “at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only …

Is IHL soft law?

These non- binding instruments do not carry the same force as international treaties or custom. However, soft law can influence States to strengthen their domestic legislation related to the implementation of IHL and can be used to interpret obligations.

What is the main purpose of IHL?

The objective of international humanitarian law is to limit the suffering caused by warfare and to alleviate its effects. Its rules are the result of a delicate balance between the exigencies of warfare ( ” military necessity ” ) on the one hand and the laws of humanity on the other.

What is the importance of IHL?

WHY IS IHL IMPORTANT? IHL is one of the most powerful tools the international community has at its disposal to ensure the safety and dignity of people in times of war. It seeks to preserve a measure of humanity amidst conflict, with the guiding principle that even in war there are limits.

How does IHL protect?

IHL protects all victims of armed conflicts, including both civilians and combatants who have laid down their arms. The nature of the protection it provides varies and is determined by whether the person in question is a combatant or a civilian.

What is customary international law (IHL)?

Customary international law consists of rules that come from “a general practice accepted as law” and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims. Read more.

Where can I find the ICRC study on customary international humanitarian law?

This is the updated version of the Study on customary international humanitarian law conducted by the International Committee of the Red Cross (ICRC) and originally published by Cambridge University Press. For more information on the Study, please see the “Customary law” section on the ICRC website.

What is the Customary IHL Database?

Welcome to the Customary IHL Database This database is an online version of the ICRC’s study on customary international humanitarian law (IHL), originally published by Cambridge University Press in 2005. The 2005 study consists of two volumes: volume I (rules) and volume II (practice).

Where do the Red Cross-ICRC research materials come from?

They are incorporated into the database by a joint British Red Cross-ICRC research team based at the Lauterpacht Centre for International Law, University of Cambridge. International materials updated in August 2016 were incorporated by a research team at the International Criminal and Humanitarian Law Clinic, Laval University.