This document discusses international humanitarian law (IHL), which aims to minimize human suffering during armed conflict. It notes that IHL is part of public international law and allows for certain discrimination during war. The key principles of IHL discussed are humanity, proportionality, distinction, and military necessity. It also covers the objectives and history of IHL, as well as how wars can commence traditionally or in modern times.
This document discusses international humanitarian law (IHL), which aims to minimize human suffering during armed conflict. It notes that IHL is part of public international law and allows for certain discrimination during war. The key principles of IHL discussed are humanity, proportionality, distinction, and military necessity. It also covers the objectives and history of IHL, as well as how wars can commence traditionally or in modern times.
This document discusses international humanitarian law (IHL), which aims to minimize human suffering during armed conflict. It notes that IHL is part of public international law and allows for certain discrimination during war. The key principles of IHL discussed are humanity, proportionality, distinction, and military necessity. It also covers the objectives and history of IHL, as well as how wars can commence traditionally or in modern times.
PAO – Trece Martires Cavite (Trese, Gen. Triaz, Tanza)
International Law on War (All forms of armed conflict)
To minimize human suffering brought about by armed conflict Part of PIL Elective – asked in political law in bar IHL – allows certain discrimination Part of the law of the land because of the doctrine of incorporation – no need for municipal law to enable it, but congress deemed to enact it. Assignment: o Basic principles of IHL o History
Book: Jovito Salonga, Isagani Cruz
LESSON 1
Objective of IHL – to mitigate human suffering
Red cross/Red crescent War – two states engaging in an effort to overpower another in order to enforce its term to another - hostility (traditional). Without hostility – without armed conflict (ex. North and South Korea) Justification of war – self-preservation, enforcement of action by the UN security council War is not eliminated but it is resorted as the last result – states should renounce war as its national policy (treaty on Paris) Principles: o humanity (prohibition on attacking hospital or hospital personnel, or a person who raises a white flag), o proportionality (means employed should be proportional to its military necessity), o discrimination/distinction (belligerent should discriminate combatant from non- combatants, avoid military actions against non-combatants, xpn: military necessity to achieve military objective), o military necessity (states are allowed all means necessary in order to achieve a military objective) Commencement of war o Traditional Declaration of war Imposing an ultimatum o Modern Civil war Participants – state, non-state Enforcement action by the security council – embargo, economic sanctions, war, Rome statute which establishes the ICC R.A. 9815 - An act