What is the International Humanitarian Law?

The Improvised Explosive Device (IED) blast in Masbate City, Philippines on June 6, 2021 (which left a 21-year Filipino youth, scholar, and athlete Kieth Absalon and his cousin dead) sparks conversations on the International Humanitarian Law.

Mildred German

Unceded Territories – The family of Kieth Absalon is crying for justice after an ‘improvised explosive device’ (IED) blast killed 21-year old Filipino youth, scholar, and athlete Kieth Absalon and his cousin dead.

Absalon and his cousin, Nolven Absalon died in an improvised explosive device (IED) blast in Masbate City on Sunday morning, June 6.

These tragic deaths in Masbate City have not only opened the discussion on ‘improvised explosive device’ (IED) blast and landmines, but also on the International Humanitarian Law.https://cnnphilippines.com/regional/2021/6/15/Dynamite-blast-kills-village-chie f–three-others-Masbate-.html

Protecting Civilians and Journalists – What is International Humanitarian Law?

According to the Canadian Red Cross website, “International humanitarian law, also known as the law of armed conflict, is the body of wartime rules that protect people who are not or are no longer participating in hostilities. IHL also restricts the means and methods of war. Its central purpose is to limit and prevent human suffering in times of armed conflict. International humanitarian law regulates the treatment of the wounded and prohibits attacks against civilians and the use of certain weapons. It also ensures the protection of non-combatants; Red Cross/Red Crescent and medical personnel; and prisoners of war.” https://www.redcross.ca/how-we-help/international-humanitarian-law/what-is -international-humanitarian-law#What%20is%20International%20Humanitari an%20Law

“One of the most important protections that journalists operating in a conflict zone are afforded is their status as civilians. This means they cannot be deliberately targeted, and cannot be taken prisoner by the warring factions. Under the Geneva Conventions journalists are only entitled to this protection “provided that they take no action adversely affecting their status as civilians.”-the Committee to Protect Journalists (CPJ) https://cpj.org/2015/07/journalists-and-international-humanitarian-law/

International Humanitarian Law distinguishes two categories of journalists: Accredited Correspondents (war correspondents) who have a special authorization permitting them to accompany the armed forces. The second category is Independent Journalists who are engaged on dangerous missions in areas affected by hostilities.

https://casebook.icrc.org/glossary/journalists

The law  also distinguishes armed conflicts into international armed conflicts and non-international armed conflicts. International armed conflicts usually involve at least two countries. On the other hand, non-international armed conflicts usually take place within the territory of a single country, between either state armed forces and organized armed groups, or between organized armed groups fighting each other.

These established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone are extensively defined as the basic rights of wartime civilian and military prisoners. Moreover, the Geneva Convention defines the rights and protections afforded to non-combatants.

As international conventions are treaties or agreements between countries. “International convention” is often used interchangeably with terms like “international treaty,” “international agreement,” “compact,” or “contract between states.”

When Does International Humanitarian Law apply?

The website of the Canadian Red Cross states that “International Humanitarian Law applies only during times of armed conflict. It does not cover internal tensions or disturbances such as isolated acts of violence.”

https://www.redcross.ca/how-we-help/international-humanitarian-law/what-is-internation al-humanitarian-law#What%20is%20International%20Humanitarian%20Law

Violations of the International Humanitarian Law constitute grave breaches of the Geneva Conventions as war crimes. ‘Grave breaches’ is technically by definition, arguably larger than ‘serious violations’.

The use of IEDs, particularly landmines, is controversial because of their potential as indiscriminate weapons. Historically, landmines have devastated many countries. Notably, the Nazis also used landmines, and also captured civilians to detonate the explosives in crossing mine fields .

The use of landmines and mine fields remain dangerous not only during armed conflicts but also many years after a conflict has ended. Thus, the harm on civilians and the economy with the use of landmines and mine fields are long-lasting.

Due to the dangers of IED and landmines, demining landmines takes its levels to international efforts. Metal detectors were first used for demining. Hybrid techniques involving the use of trained animals and robots are being developed to eradicate landmines.

The International Campaign to Ban Landmines and the Ottawa Treaty

The International Campaign to Ban Landmines campaigned successfully to prohibit their use, culminating in the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, known informally as the Ottawa Treaty.

The Ottawa Treaty is known as the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. It is also known as the Anti-Personnel Mine Ban Convention, or often simply the Mine Ban Treaty, which aims at eliminating anti-personnel landmines (AP-mines) around the world. To date, there are 164 state parties to the treaty.

According to Wikipedia, “The Treaty came into force on 1 March 1999. The treaty was the result of the leadership of the Governments of Canada, Norway, South Africa and Mozambique working with the International Campaign to Ban Landmines, launched in 1992. The campaign and its leader, Jody Williams, won the Nobel Peace Prize in 1997 for its efforts.”