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International Humanitarian Law

International humanitarian law is also referred to as the laws of war, the laws and customs of war, and the law of armed conflict. International humanitarian law was comprised at both the Geneva and Hague Conventions as well as treaties, case law, and customary international law. International humanitarian law, "defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to the protected persons, usually meaning civilians." International humanitarian law is a system that member states are bound to as a result of various treaties. As stated above, modern international humanitarian law is composed of the law of The Hague, and the law of Geneva. The Law of The Hague refers to as the Laws of War proper. It determines the rights and duties of individuals in the conduct of operations and limits the choice of means in doing harm.

Attempts to limit the atrocities committed during warfare only developed in the 19th century, therefore the basis of the law of The Hague was based on the fact that prisoners of war, civilians, etc. are to be treated humanely. The law of Geneva came from the Geneva Conventions which happened in stages between 1894 and 1949. These conventions focused on the protection of civilians and those who can no longer fight in armed conflict.

The law of Geneva and the laws of The Hague converged to create what we know today as international humanitarian law. Initially, the laws of war mandated that certain prisoners of war and civilians in occupied territories were protected, later this converged with the law of Geneva and their protocols mandated protection of victims in both international and internal conflict and together this became the beginning of international humanitarian law.

Today the basic rules of international humanitarian law are as follows: Persons hors de combat (outside of combat) and those not taking part in the hostilities shall be protected and treated humanely, it is forbidden to kill or injure an enemy who surrenders or who is outside of combat, the wounded and sick shall be cared for and protected by the party to the conflict which has them in power (the emblem of the red cross or red crescent must be respected as the sign of protection), captured soldiers and civilians must be protected against violent acts and they shall have the right to be in contact with their families and to receive help.

The international humanitarian law also states, "no one shall be subjected to torture, corporal punishment, or cruel or degrading treatment, parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare, and lastly parties to a conflict shall at all times distinguish between civilian population and combatants, meaning attacks shall be directly solely against military objectives."

International humanitarian law is what ensures that innocent killings don't occur during times of war, and these are laws that are enforced in the International Criminal Court during war crimes tribunals, etc.