Convergence of Jus ad Bellum and Jus In Bello Under International Humanitarian Law

Abstract

There seems to be a strong possibility that international humanitarian law has been violated in a manner that could amount to war crimes. newline -Navi Pillay newlineInternational humanitarian law forms a major part of public international law and comprises the rules which, in time of armed conflict, seek to protect people who are not or are no longer taking part in the hostilities, and to restrict the methods and means of warfare employed. More precisely, what the ICRC means by international humanitarian law applicable in armed conflicts is international treaty or customary rules which are specially intended to resolve matters of humanitarian concern arising directly from armed conflicts, whether of an international or non-international nature; for humanitarian reasons those rules restrict the right of the parties to a conflict to use the methods and means of warfare of then choice, and protect people and property affected or liable to be affected by the conflict. newlineThe parties to a conflict must at all times distinguish between the civilian population and combatants in order to spare the civilian population and civilian property. Neither the civilian population as whole nor individual civilians may be attacked. Attacks may be made solely against military objectives. People who do not or can no longer take part in hostilities are entitled to respect for their lives and for their physical and mental integrity. newlineThe humanitarian laws are the outcome of long standing practice of the belligerents culminating into customary rules and later to be embodied in numerous conventions. They have become part and parcel of the customary international law. Among the most important of these instruments adopted prior to the First World War are: newlinea. The Declaration of Paris, 1856; newlineb. The Geneva Convention for the Amelioration of the condition of wounded in armies in the field, 1864; newlinec. The Declaration of St. Petersburg, 1868; newlined. The Hague Conventions of 1899 and 1907.