An Overview of International Humanitarian Law

International Humanitarian Law is the body of law promoted by the International Red Cross that comes from the four Geneva Conventions along with the Additional Protocols and other treaties.  International Humanitarian Law serves to put limits on armed conflicts in order to protect groups such as soldiers, sailors, civilians, and prisoners of war. Times of armed conflict can often lead to mass destruction of human life, and IHL serves to offer some regulation and protection in spite of that.  For IHL to apply there must be a situation of armed conflict which may be determined by the IRRC or through declarations of war or UN rulings.

International Humanitarian law often overlaps or shares ideas with other human rights laws, but is also uniquely suited to judge issues in armed conflicts such as what is considered permissible collateral damage.

In our campaign we intend to educate youth about International Humanitarian Law’s effect on refugees. According the 1951 Refugee Convention the term refugee applies to anyone

“...owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

A refugee is thus someone outside of their original country who fears persecution based on race, religion, nationality, membership in a social group, or political opinion.

International Humanitarian law works first to prevent the creation of refugees in the first place by prohibiting parties in conflict from displacing civilians or attacking civilian groups. However once someone is forced to leave their home behind and is considered a refugee, IHL offers the following protections:

·         IHL protects the right to leave the area they find themselves in

·         IHL ensures continued entitlement to the basic rights they would have had before hostilities

·         IHL enforces the principle of “non-refoulment” meaning that countries providing asylum to refugees cannot force them to return to their home country if they still fear persecution.

·         IHL prohibits refugees from being treated as enemy aliens based solely on their nationality

Finally it is important to note that this body of law effects and protects real people who have left real lives behind because of persecution. Through the continuation of our campaign we hope to share with you some of their stories.

Allison Yelvington

Bibliography:

https://www.icrc.org/eng/resources/documents/statement/6t7g86.htm

http://www.geneva-academy.ch/RULAC/international_refugee_law.php