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Principles of IHL - Coggle Diagram
Principles of IHL
Objectives
Diminish the evils of war
Balance between
Pple. of military
necessity
All means for achieving success in a military operation
Which are not baned by the law
Pple. of
humanity
Aim: reduction of human suffering
Recognition of humanity for every human being
Regulation of conduction hostilities
Hague Law
Main Principles
Principle of distinction
Fighters have to differentiate between
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Fighters shall distinguish themselves from civilians
Civilians cannot be used to render belligerents not targetable
Prohibition indiscriminate attacks
Principle of proportionality
Determination of a legal terget
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Principle of precaution
Martens Clause
Content
Requires belligerents to behave in a civilized and humane
dictates of the public conscience
Links between positive norms of IHL and natural law
Functions
2 main ones
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. Basis for interpretation of IHL
Supports the application of IHRL to fill IHL gaps.
Reminds that customary IL applies
Makes states to consider interests of potential victims
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Geneva Law
Common Article 3
Normative Injuctions
The principle of humanity without adverse distinction
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A series of precise prohibitions
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Duty to respect and protect the
wounded and sick.
Right of humanitarian initiative
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