SAKTHI SAI LAW ACADEMY

KEY PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW

Principle	Meaning
Jus ad bellum	Conditions under which states may lawfully resort to war.
Non-refoulement	No person may be returned to a country where they risk persecution or torture.
Perfidy	Deceiving the enemy by pretending civilian/neutral status is prohibited

GENEVA CONVENTIONS (1949) AND ADDITIONAL PROTOCOLS

Convention / Protocol	Full Title	Adoption Date	Entry into Force	Articles	Annexes
I	Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field	12 Aug 1949	21 Oct 1950	64	2
II	Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea	12 Aug 1949	21 Oct 1950	63	1
III	Convention Relative to the Treatment of Prisoners of War	12 Aug 1949	21 Oct 1950	143	5
IV	Convention Relative to the Protection of Civilian Persons in Time of War	12 Aug 1949	21 Oct 1950	159	3
Protocol I	Additional Protocol relating to the Protection of Victims of International Armed Conflicts	8 Jun 1977	7 Dec 1978	102	2
Protocol II	Additional Protocol relating to the Protection of Victims of Non-International Armed Conflicts	8 Jun 1977	7 Dec 1978	28	—
Protocol III	Additional Protocol relating to the Adoption of an Additional Distinctive Emblem	8 Dec 2005	14 Jan 2007	17	—

CONVENTION I

Wounded and Sick in Armed Forces in the Field

• Predecessors: 1864, 1906, 1929
• Scope: Protection for wounded/sick soldiers, medical and religious personnel, medical units, and transports.
• Distinctive Emblems: Red Cross, Red Crescent, Red Crystal.

Structure:

• Part I: General Provisions (Arts. 1–3)
• Part II: Wounded and Sick (Arts. 4–30)
• Part III: Medical Units (Arts. 31–38)
• Part IV: Personnel (Arts. 39–44)
• Part V: Buildings and Material (Arts. 45–47)
• Part VI: Emblems (Arts. 48–63)
• Part VII: Final Provisions (Art. 64)

Annexes:

1. Draft agreement on hospital zones
2. Model identity card for medical/religious personnel

CONVENTION II

Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

• Based on: 1899 & 1907 Hague Conventions (naval warfare).
• Scope: Protection of wounded/sick and shipwrecked military members, hospital ships, coastal rescue craft, and medical aircraft.

Structure:

• Part I: General (Arts. 1–3)
• Part II: Wounded/Sick/Shipwrecked (Arts. 4–20)
• Part III: Hospital Ships (Arts. 21–40)
• Part IV: Personnel (Arts. 41–43)
• Part V: Medical Transports (Arts. 44–48)
• Part VI: Distinctive Emblem (Arts. 49–52)
• Part VII: Execution (Arts. 53–63)

Annex: Model identity card for medical and religious personnel.

CONVENTION III

Treatment of Prisoners of War (POWs)

• Revised: 1929 POW Convention (expanded 97 → 143 articles).
• Key Principle: POWs must be released and repatriated without delay after cessation of hostilities (Art. 118).

Structure:

• Part I: General Provisions (Arts. 1–5)
• Part II: General Protection (Arts. 12–16)
• Part III: Captivity (Arts. 17–108)
• Part IV: Termination (Arts. 109–117)
• Part V: Death of POWs (Arts. 118–121)
• Part VI–VII: Final Provisions (Arts. 122–143)

Annexes: Model forms, camp layouts, regulations.

CONVENTION IV

Protection of Civilian Persons in Time of War

• First Convention focused on civilians.
• Supplementary to: Hague Regulations (1899, 1907).
• Origin: “Tokyo Draft” (1934) by ICRC; inspired by WWII atrocities.

Structure:

• Parts I–II: General Provisions and Basic Protection (Arts. 1–27)
• Part III: Occupied Territories (Arts. 27–141)
• Part IV: Execution and Final Provisions (Arts. 142–159)

Key Prohibitions: Deportation, hostage-taking, torture, collective punishment.

Annexes: Model agreements and identity documents.

ADDITIONAL PROTOCOLS

Protocol	Subject	Key Points
I (1977)	Victims of International Armed Conflicts	Distinction between civilians/combatants; bans indiscriminate attacks; protects environment and cultural property.
II (1977)	Victims of Non-International Armed Conflicts	Extends Common Article 3; bans violence to life, hostage-taking, collective punishment; ensures humane treatment and fair trial.
III (2005)	Additional Distinctive Emblem	Introduces Red Crystal; regulates emblem use and misuse.

Convention	Title	Adoption Date	Entry into Force	Articles	Regulations
1899 (II)	Laws and Customs of War on Land	29 Jul 1899	4 Sep 1900	5	60
1907 (IV)	Laws and Customs of War on Land	18 Oct 1907	26 Jan 1910	9	56

HAGUE CONVENTION (1899)

• Purpose: Codify the conduct of warfare; prevent unnecessary suffering.
• Introduced: Martens Clause — humanitarian protection in cases not covered by treaties.
• Major Components:
  1. Pacific Settlement of Disputes → Permanent Court of Arbitration created.
  2. Laws and Customs of War on Land → Prohibits poisons, looting, attacking undefended towns.
  3. Maritime Adaptation of Geneva Convention (1864).
  4. Declarations:
     • Balloons (projectiles)
     • Asphyxiating gases
     • Expanding bullets

HAGUE CONVENTION (1907)

• Expanded 1899 rules; covers 13 conventions:
  • Pacific settlement of disputes
  • Opening of hostilities
  • Laws/customs of war on land (Convention IV)
  • Neutral powers’ rights/duties
  • Merchant ships & conversion to warships
  • Submarine mines, bombardments, naval warfare, prize courts, etc.

UNITED NATIONS RESOLUTION 2444 (XXIII), 1968

• Reaffirmed protection of civilians against indiscriminate warfare.
• Laid groundwork for 1977 Additional Protocols.

OTHER IMPORTANT CONVENTIONS

1. Declaration of St. Petersburg (1868)

• First treaty restricting weapons use.
• Established principle: means of warfare are not unlimited.

2. Hague Convention for the Protection of Cultural Property (1954)

• Protects cultural heritage in armed conflict.
• Two Protocols: 1954 & 1999.

WEAPONS CONVENTIONS

A. Weapons of Mass Destruction

Convention	Year	Focus
Geneva Protocol	1925	Prohibits asphyxiating gases & bacteriological warfare
Biological Weapons Convention	1972	Prohibits development/stockpiling
Chemical Weapons Convention	1993	Comprehensive destruction regime
Treaty on the Prohibition of Nuclear Weapons	2017	Bans development, testing, possession

B. Conventional Weapons

Convention	Year	Subject
Convention on Certain Conventional Weapons (CCW)	1980	Regulates inhumane conventional weapons
Protocol I	1980	Non-detectable fragments
Protocol II	1980	Mines & booby traps
Protocol III	1980	Incendiary weapons
Protocol IV	1995	Blinding laser weapons
Protocol V	2003	Explosive remnants of war

C. Explosive Weapons

• Anti-Personnel Mine Ban Convention (1997)
• Convention on Cluster Munitions (2008)

D. Arms Trade

• Arms Trade Treaty (2013) → Regulates legal trade and prohibits illicit arms transfers.