Please enable JavaScript.
Coggle requires JavaScript to display documents.
IHL - Coggle Diagram
IHL
APPLICABILITY
PERSONAL
ACTIVE: Participate in war
ACTORS BOUND
STATES
IOS
NON-STATE ACTOR
INDIVIDUALS
PASSIVE: Not participate
Civilians
Combatants
hors de combat
involved in combat
POW
SPATIAL
Pple. of effectiveness
territory of the belligerent states
spaces where there are hostilities or outside belligerents terr
Occupied territories w/o hostilites
MATERIAL
EXISTENCE OF
IAC
NIAC
TEMPORAL
OBJECTIVE
Armed conflict
Declared War
Occupation of terr w/o resistance
SUBJECTIVE
Convention has entered into force
State party has denounced treaty
OBJECTIVES
=
interest of parties & :arrow_down: human suffering
Pple. of mil necessity = Pple of humanity
:arrow_down: evils of war
not determines jus ad bellum
protect civilians
regulate means and methods of warfare
RELATION BTW IHL & IHRL
DIFFERENCES
original aims
for peace
for war
actors bound
IHL: signatory States of Geneva Law non-state actors
IHRL: state signatories of New York Law and non-state actors
customary (ihl) & conventional (ihrl)
derogability (ihrl) & applicability (ihl)
COMMON CORE: HUMAN DIGNITY
protection of victims
IHL
conduct of hostilities
lex specialis
obligations on all subjects
time of war
IHRL
lex generalis
obligations on states
time of peace and war
RIGHTS
exclusive ihl
exclusive ihrl
both
JUS
IN BELLO or IHL
Justice in war
regulates how hostilities are conducted to :arrow_down: the suffering
AD BELLUM
Right to war
Regulates whether a state may resort to war
ART 51
Right to self-defence
if armed attack
ART. 2.4
Prohibits the threat or use of force
respect territorial integrity and pol independence of States
CONCEPT
international rules
in treaty or custom
Customary law
unwritten law that rises from custom
Conventional law
law that rises from agreements
Hague Law & Geneva Law
Peremptory law (jus cogens)
norm accepted and recognized by the international community. non-derogable
to limit the rights to use methods and means of warfare
protect persons & property
to solve humanitarian problems
international or non-international conflicts