Skip to content

Legal explainers

International humanitarian law (IHL) governs armed conflicts and seeks to limit their effects on persons and objects. Understanding IHL requires familiarity with how conflicts are classified, what protections exist for civilians and other persons who are not or are no longer participating in the hostilities, and how means and methods of warfare are restricted.

The Legal Explainers section provides accessible overviews of key IHL rules and notions in two areas:

Conflict Classification explains the different types of armed conflicts under IHL – international armed conflicts, non-international armed conflicts, and military occupation. Understanding how a conflict is classified matters because different IHL rules apply depending on the type of conflict.

Civilian Harm covers the main rules designed to protect civilians and civilian objects during an armed conflict. These include the fundamental rules on the conduct of hostilities, restrictions on means and methods of warfare, special protections, and the prohibitions of torture, arbitrary detention, sexual violence, and other serious violations against the persons in the hands of the enemy.

These explainers are intended as introductions to complex legal topics that are essential for understanding the IHL analysis presented throughout the War Watch portal.

Rules on the Conduct of Hostilities

International humanitarian law provides a detailed framework to govern the conduct of hostilities (traditionally known as “Hague law”). Additional Protocol I and (albeit to a more limited extent) Additional Protocol II of 1977 set forth detailed rules in relation to, respectively,…

Means and Methods of Warfare

A means of warfare is a weapon or weapon platform. A method of warfare is the manner in which a weapon is used. In addition to the general rules on the conduct of hostilities, the use of weapons is subject to two general customary principles.S. Casey-Maslen, ‘Weapons’, in B. Saul and D. Akande …

Starvation and Access to Humanitarian Relief

Situations of armed conflict may result in acute deprivation of food, water and other essential supplies for the civilian population — issues that are specifically addressed by IHL.   Starvation of the civilian population IHL prohibits starving civilians as a method of warfare in all…

Medical Care

The rules on medical care — protecting the sick and wounded and those who treat them — have been at the heart of IHL since the adoption of the first Geneva Convention in 1864. Protection of the sick and wounded A first set of rules relates to the beneficiaries of medical care in armed…

Forced Displacement

IHL does not prohibit the voluntary movement of civilian populations in situations of armed conflict (including to flee the righting and seek refuge elsewhere). However, it does prohibit forced displacement when the desire to leave is determined by force or psychological coercion.ICRC, Updated…

Deprivation of Liberty

Customary IHL prohibits arbitrary deprivation of liberty.ICRC, Customary IHL Study Rule 99: ‘Deprivation of Liberty’, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule99 The arbitrary nature of such deprivation comes from either the lack of legal grounds for detention of a person or the…

Torture and Cruel, Inhuman or Degrading Treatment

Humane treatment The principle of humane treatment is at the core of IHL. The norm, which must be respected in both IACs and NIACs,Common Art 3 GCs; Art 12(1) GC I; Art 12(1) GC II; Art 13 GC III; Arts 5 and 27(1) GC IV; Art 75(1) AP I; Art 4(1) AP II; ICRC, Customary IHL Rule 87: ‘Humane…

Conflict-Related Sexual and Gender-Based Violence

Limitations in existing regulation Conflict-related sexual and gender-based violence (SGBV) includes such conduct as ‘rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilization, forced marriage and any other form of sexual violence of comparable…

Specific vulnerabilities

Women Under IHL, special protection is afforded to women. Special protection and adverse distinction Women benefit from special protection under IHL.Art 12(4) GC I; Art 12(c) GC II; Art 14(2) and 27(2) GC III; Art ; Art 76(1) AP I; ICRC, Customary IHL Rule 134: ‘Women’,…