The “Rules of Warfare” refers to the body of international humanitarian law (IHL) that governs the conduct of armed conflicts, particularly in situations of international and non-international armed conflicts.
These rules are designed to protect both combatants and civilians who are not taking part in the hostilities and to mitigate the human suffering caused by armed conflicts.
The primary sources of IHL are the Geneva Conventions of 1949 and their Additional Protocols, as well as customary international law.
Some Principles and Rules that make up the Rules of Warfare:
- Distinction Between Combatants and Civilians:
- One of the fundamental principles of IHL is the distinction between combatants (those directly participating in hostilities) and civilians (those not taking part in hostilities). Civilians are to be protected from the effects of hostilities, and attacks must be directed only against combatants and military objectives.
- Prohibition of Indiscriminate Attacks:
- IHL prohibits indiscriminate attacks, which are attacks that do not distinguish between combatants and civilians or that cause excessive harm to civilians and civilian objects. Parties to the conflict must take all feasible precautions to minimize harm to civilians.
- Proportionality:
- The principle of proportionality requires that the anticipated military advantage gained from an attack must outweigh the expected harm to civilians and civilian objects. Disproportionate attacks are prohibited.
- Protection of Non-Combatants:
- Special protections are afforded to certain categories of individuals, including the wounded, sick, shipwrecked, prisoners of war, and medical personnel. These protections are outlined in the Geneva Conventions.
- Treatment of Prisoners of War:
- The Third Geneva Convention establishes the rights and protections of prisoners of war (POWs), including their humane treatment, legal status, and conditions of captivity.
- Prohibition of Torture and Inhumane Treatment:
- The prohibition of torture, cruel, inhuman, or degrading treatment is absolute and applies to all persons, including detainees and prisoners.
- Protection of Cultural Property:
- IHL protects cultural property, including historical monuments and works of art, from destruction or theft during armed conflicts.
- Prohibition of Weapons Causing Excessive Harm:
- Certain weapons, such as chemical and biological weapons, landmines, and cluster munitions, are subject to specific prohibitions or restrictions under international law due to their potential to cause excessive harm to civilians.
- Humanitarian Access:
- Parties to a conflict must allow the safe and unimpeded delivery of humanitarian assistance to affected populations. Obstructing the delivery of aid is a violation of IHL.
- Protection of the Environment:
- IHL includes provisions aimed at minimizing damage to the natural environment during armed conflicts.
- Protection of Cultural Property:
- IHL prohibits the deliberate targeting of cultural property and obligates parties to the conflict to protect cultural heritage.
- Civilian Immunity:
- Civilians enjoy immunity from direct attack, and they must not be used to shield military objectives.
- No Reprisals Against Civilians:
- Parties to the conflict are prohibited from carrying out acts of revenge or reprisals against civilians.
- Medical Neutrality:
- Medical personnel, facilities, and transports must be respected and protected, and they must not be targeted.
- Protection of Journalists:
- Journalists who are not taking direct part in hostilities should be treated as civilians and protected from deliberate attacks.
- Human Rights Law in Armed Conflict:
- In addition to IHL, human rights law continues to apply during armed conflicts, ensuring the protection of human rights, even in challenging circumstances.
