IHL - Reconciliation Of Humanitarian Considerations And Legitimate Military Actions

Abstract

International humanitarian law aims to reconcile humanitarian considerations and necessary military action. It subordinates war to the rule of law by limiting its destructive effect. This paper focuses to determine the objectives of IHL whether it is permissive for belligerent actions by state or proclaims direct prohibition for belligerent actions.  IHL offers protection to those affected by an armed conflict and regulates the means and methods of war. The sources of international humanitarian law are the same as those of international law in general, which include international conventions, international customs, general principles of law and judicial decisions, and the writings of the highly qualified publicists as supplementary sources. International humanitarian law distinguishes between an international armed conflict and the non-international one; a much more limited range of rules apply to the latter. It clarifies the situations of NIAC and IAC by applying Afghanistan US conflict to the subject. Among the rules and principles of international humanitarian law that seek to protect civilians, the principle of distinction requires the participants to always distinguish between combatants and military objectives on the one hand and civilians and civilian objects on the other, while targeting only the former. Civilians lose this protection if they participate directly in hostilities. Likewise, necessity and proportionality are established principles that require a belligerent to use the amount and kind of force unavoidably necessary to defeat the enemy. The principle of humane treatment requires that civilians be treated humanely at all times. The principle of non-discrimination protects prisoners of war and civilians from being discriminated against based on race, nationality, religious beliefs, or political beliefs. Women and children are to receive preferential treatment, respect, and protection. Women must be protected against rape, assault and Children under the age of 18 must not be allowed to take part in any such conflict.