What is International Humanitarian Law? Discuss the conditions in which it is applied.

International Humanitarian Law (IHL), also known as the law of armed conflict or the law of war, is a set of rules and principles that regulate the conduct of armed conflict and seek to protect individuals who are not or are no longer participating in hostilities. IHL is primarily based on treaties and customary international law, including the Geneva Conventions of 1949 and their Additional Protocols of 1977.

The main objectives of IHL are to mitigate the effects of armed conflict, ensure respect for human dignity, and safeguard the fundamental rights of individuals affected by conflict. It applies to all parties to an armed conflict, including states, armed groups, and individuals, and it governs their behavior during armed conflict, occupation, and other situations of violence.

Conditions in which International Humanitarian Law is Applied:

1. Armed Conflict:

   • IHL applies in situations of armed conflict, including international armed conflicts (between states) and non-international armed conflicts (within the territory of a state).
   • International armed conflicts are governed by the rules and principles outlined in the four Geneva Conventions of 1949 and their Additional Protocols, while non-international armed conflicts are subject to common Article 3 of the Geneva Conventions and Additional Protocol II.

2. Occupation:

   • IHL also applies in situations of occupation, where one state exercises effective control over the territory of another state through military occupation.
   • The rules governing occupation are primarily outlined in the Fourth Geneva Convention of 1949, which establishes protections for civilians in occupied territories and regulates the conduct of the occupying power.

3. Hostilities and Use of Force:

   • IHL governs the conduct of hostilities and the use of force by parties to an armed conflict, including the means and methods of warfare.
   • It prohibits attacks against civilians and civilian objects, as well as indiscriminate attacks that fail to distinguish between military targets and civilian populations or cause disproportionate harm to civilians.

4. Protection of Persons and Objects:

   • IHL provides protections for certain categories of individuals and objects during armed conflict, including civilians, wounded and sick combatants, prisoners of war, and medical personnel and facilities.
   • It prohibits acts of violence, including murder, torture, and inhumane treatment, against protected persons, and it safeguards essential civilian objects such as hospitals, cultural property, and humanitarian assistance.

5. Humanitarian Assistance and Protection:

   • IHL facilitates the provision of humanitarian assistance and protection to individuals affected by armed conflict, including access to food, water, shelter, medical care, and other essential services.
   • It obliges parties to an armed conflict to allow and facilitate the delivery of humanitarian aid to civilian populations in need, without discrimination or undue delay.

6. Principles of Humanity and Neutrality:

   • IHL is guided by principles of humanity, impartiality, and neutrality, which seek to minimize the suffering of individuals affected by armed conflict and ensure respect for human dignity.
   • It emphasizes the importance of distinguishing between combatants and civilians, protecting vulnerable groups such as women, children, and the elderly, and facilitating the provision of humanitarian assistance and protection by impartial actors such as the International Committee of the Red Cross (ICRC).

In conclusion, International Humanitarian Law is a body of law that regulates the conduct of parties to armed conflict and seeks to mitigate the effects of armed conflict on individuals and communities. It applies in various situations of violence and armed conflict, including international and non-international armed conflicts, occupation, and other contexts of violence. By establishing rules and principles to govern the conduct of hostilities and protect civilians and other vulnerable groups, IHL plays a crucial role in promoting respect for human rights, upholding humanitarian values, and preventing and mitigating the impact of armed conflict on civilian populations.