1. The law of war: Humanitarian law THE STORY BEHIND THE STORY

3. The law of war: Humanitarian law How do you see things?

4. The law of war: Humanitarian law What humanitarian law is not Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter. TO INSERT PART ON ICL

5. The law of war: Humanitarian law What humanitarian law is not Humanitarian law is concerned with the EFFECTS of war, not its legality. It applies irrespective of who started the war or who is the attacker. Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter. TO INSERT PART ON ICL

6. The law of war: Humanitarian law What humanitarian law is not Humanitarian law is concerned with the EFFECTS of war, not its legality. It applies irrespective of who started the war or who is the attacker. Humanitarian law does not determine whether a war is legal. This is the role of the UN Charter. TO INSERT PART ON ICL

7. The law of war: Humanitarian law What do you know already about IHL?

8. The law of war: International Humanitarian Law What is it?

9. The law of war: International Humanitarian Law What is it? When and why is it relevant?

10. The law of war: International Humanitarian Law What is it? When and why is it relevant? What does it say?

11. The law of war: International Humanitarian Law Different laws for armed violence Internal violence Armed conflict

12. The law of war: Humanitarian law Different laws for armed violence IHRL National law Internal violence Armed conflict

13. The law of war: Humanitarian law Different laws for armed violence IHRL National law Internal violence Armed conflict Non-international

14. The law of war: Humanitarian law Different laws for armed violence IHRL National law Internal violence Armed conflict Non-internationalInternational

15. The law of war: International Humanitarian Law Different laws for armed violence IHRL National law IHRL IHL Internal violence Armed conflict Non-international International

16. The law of war: International Humanitarian Law Different laws for armed violence National law IHRL Customary IHL Armed conflict Non-international International Treaty IHL 4 GCs APs other treaties Treaty IHL 4 GCs CA3 AP II AP III other treaties

17. The law of war: International Humanitarian Law When and why is the difference relevant? Sri Lanka, 2002-2009Greece, 2010

18. The law of war: Humanitarian law How can force be used? in internal violence in armed conflict

19. The law of war: Humanitarian law How can force be used? in internal violence in armed conflict  As exceptional measure  Only if all other means failed  In case of imminent threat of death or serious injury  By sparing civilians and civilian objects

20. The law of war: Humanitarian law How can force be used? in internal violence in armed conflict  As exceptional measure  Only if all other means failed  In case of imminent threat of death or serious injury  By sparing civilians and civilian objects If violated:  Criminal responsibility If violated:  Criminal responsibility  War crimes

21. Relationship between IHL and IHRL

22. The law of war: Humanitarian law What is humanitarian law? Protects people who are not / no longer fighting Regulates weapons and methods of warfare Military necessity Humanitarian considerations

23. The law of war: Humanitarian law What is humanitarian law? Binds all parties in a conflict Protects people who are not / no longer fighting Regulates weapons and methods of warfare Applies in armed conflicts Cannot be suspended or limited Military necessity Humanitarian considerations

24. The law of war: Humanitarian law Who is protected by humanitarian law?  can be prosecuted and temporarily lose their protection from being directly targeted If they become involved in fighting  In international armed conflicts they are referred to as "civilians". People who ARE NOT involved in fighting

25. The law of war: Humanitarian law Who is protected by humanitarian law?  military/paramilitary forces  organized armed groups of a party to the conflict  They are protected from being attacked when they are hors de combat: wounded, sick, shipwrecked, detained or surrendering  They are protected against specific weapons and methods even while fighting.  In international armed conflicts members of military/paramilitary forces are called "combatants" and cannot be prosecuted for lawfully fighting. People who ARE involved in fighting

26. The law of war: International Humanitarian Law What is protected by humanitarian law?

27. The law of war: International Humanitarian Law How can weapons be used?

28. The law of war: International Humanitarian Law How can a war be fought?

29. The law of war: Humanitarian law Main principles Distinction

30. The law of war: Humanitarian law Main principles Distinction Precautionary Measures

31. The law of war: Humanitarian law Main principles Distinction Limitation Precautionary Measures

32. The law of war: Humanitarian law Main principles Distinction Limitation Precautionary measures Proportionality

33. The law of war: Humanitarian law Main principles Distinction  Parties to an armed conflict must distinguish between civilians and combatants and between civilian objects and military targets

34. The law of war: Humanitarian law Main principles  Weapons or methods causing superfluous injury or unnecessary suffering are prohibited Limitation

35. The law of war: Humanitarian law Main principles  Before and during an attack, every possible precaution must be taken to minimize potential harm to civilians and civilian objects. Precautionary Measures

36. The law of war: Humanitarian law Main principles  The expected deaths and injuries to civilians or damage to civilian objects must not exceed the anticipated military advantage. Proportionality

37. The law of war: Humanitarian law Activity Instructions on the exercise

38. The law of war: Humanitarian law Activity How does humanitarian law protect people? What are the rules for the conduct of hostilities? Which humanitarian rule could apply to the situation?

39. The law of war: Humanitarian law Occupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting

40. The law of war: Humanitarian law Occupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting  Humanitarian law  Human rights law  The laws of the occupied territory

41. The law of war: Humanitarian law Occupation and the law Effective control of all or part of the territory of one State by another … the occupying power has the obligation to restore and maintain public order and safety, while respecting  Humanitarian law  Human rights law  The laws of the occupied territory Security patrol by US forces in Baghdad, Iraq in 2003