Module 2 IHL Basics Script
Module 2 IHL Basics Script
MODULE II:
International
Humanitarian
Law (IHL) Basics
Slide 1:
IHL and its humanitarian aims have been central to the Red Cross and Red Crescent Movement
since its founding in the 1800s. Let’s learn more about the building blocks and principles of IHL.
Module 2 Objectives:
And put your knowledge into practice through scenarios and exercises!
Slide 2
INTERNATIONAL
HUMANITARIAN
LAW
• IHL is a set of rules that seek, for
humanitarian reasons, to limit the
effects of armed conflict.
Slide 2:
International humanitarian law (IHL) is a set of rules that seek, for humanitarian reasons, to
limit the effects of armed conflict. IHL acknowledges the reality of armed conflict and attempts
to protect lives and preserve humanity.
During armed conflicts, actions that would never be allowed during peacetime, like killing
someone, suddenly become lawful. IHL are the rules that govern these actions. IHL protects
people who are not or are no longer participating in hostilities, like civilians or the sick and the
wounded. It also restricts the means and methods of warfare in order to limit certain weapons
and strategies that cause unnecessary suffering.
International treaty law includes formal international agreements like the Geneva Conventions.
Customary international law is developed when a significant number of nations consistently do
a certain practice to the point that it is eventually recognized as an obligation on all nations
although it is not written in a formal treaty. It is like the way that many people in the United
States tend to walk on the right side of the sidewalk, not because it is a written law but simply
because it is a social norm that helps decrease confusion when two people are walking towards
each other. When enough nations adhere to the same practice and it inspires a sense of
obligation to comply with the practice, the practice becomes accepted as customary
international law.
Slide 3
Slide 3:
The first Geneva Convention of 1864 had ten short articles that protected medical personnel
and wounded soldiers during war. Clara Barton spent 18 years lobbying the U.S. government
before President Chester Arthur signed the agreement and the Senate ratified it.
After the 1864 Geneva Convention, the next big change in International Humanitarian Law (IHL)
happened after World War II, in response to the atrocities committed during the war. The
Geneva Conventions of 1949 were created to prevent such horrors from happening again. They
provided the first universally accepted laws governing armed conflicts. They provided
protections for civilians, prisoners of war, and established international norms of warfare. Every
country in the world has signed these conventions and adopted them as law, making them the
foundation of International Humanitarian Law.
In 1977, the Additional Protocols expanded the laws of war, but fewer nations ratified them. The
United States, for example, has not ratified these protocols.
Slide 4
Slide 4:
In IHL, armed conflicts are divided into different categories based on who is fighting. There are
two main categories of conflicts in which IHL applies. Determining the type of armed conflict is
important because it impacts which IHL rules are applicable—or whether IHL is applicable at all.
However, there are some situations that are also considered International Armed Conflicts, even
if two countries aren’t directly fighting:
• Military Occupation: If one country occupies another, even without resistance, Geneva
Convention IV and Additional Protocol I still apply to protect civilians.
• Multiple non-state armed groups are fighting each other inside a single country.
NIACs are covered by fewer legal protections than IACs. Only Common Article 3 (which is found
in all four Geneva Conventions) and Additional Protocol II apply, with just 29 legal articles in
total. This means that large portions of IHL are not applicable during this type of armed conflict.
For example, the extensive Prisoner of War (POW) protections found in the Third Geneva
Conventions, are not applicable in a NIAC.
Slide 5
FUNDAMENTAL
PRINCIPLES OF IHL
•Military Necessity
•Distinction
•Proportionality
•Limiting Unnecessary
Suffering
Slide 5:
IHL is built on four main principles that help guide decisions in war: military necessity,
distinction, proportionality, and limiting unnecessary suffering. While some actions are clearly
right or wrong, many decisions become complicated in the chaos of war. These principles serve
as a foundation for making difficult choices during armed conflict.
However, there is no single universal test that determines if these principles are being followed
or violated. In many cases, arguments can be made for both sides. As we explore different
situations in armed conflict, pay attention to how these principles sometimes support each
other—but can also contradict one another.
Slide 6
Slide 6:
War is brutal, but not every action in war is justified. The principle of military necessity exists to
ensure that military actions are taken only when truly needed—not just for destruction or
revenge.
A Real-Life Example:
During World War II, the U.S. carried out its first bombing mission in Europe on July 4, 1942. The
target? German military airfields that were being used in the war. These military airfields were
chosen because they had a direct military purpose—they helped the German military, giving
German fighter planes a place to launch attacks from. That’s what made them legitimate targets
under the principle of military necessity.
At its core, military necessity is about keeping war from becoming reckless. It forces military
leaders to think before they act, ensuring that destruction only happens when absolutely
necessary.
Slide 7
Principle of Distinction
The Rule:
The Parties to the conflict shall at all times distinguish between:
• Civilians and combatants; and
• Civilian objects and military objectives.
They will direct their operations only against military objectives.
VS.
Slide 7:
The Principle of Distinction is a key rule in International Humanitarian Law (IHL). It requires all
sides in a conflict to distinguish between civilians and combatants as well as between military
objectives and civilian objects. This helps make sure that only combatants and military
objectives are targeted in war. This rule is important because if fighters do not follow it, it makes
war even more dangerous for civilians.
To make it easier to understand who can be attacked and who must be protected, IHL divides
people into three main groups:
1. Combatants
▪ Combatants include members of a country’s armed forces.
▪ They can legally fight in a war and can also be targeted by the enemy.
▪ If captured while fighting in an International Armed Conflict (IAC), they are treated as
Prisoners of War (POWs) and cannot be punished for fighting in the war, as long as they
followed IHL.
▪ Combatants distinguish themselves by usually wearing uniforms to show they are part of the
military.
2. Non-Combatants
▪ Non-combatants include military personnel who are not fighters, like:
o Medical staff (doctors, nurses, medics).
▪ Chaplains (religious leaders of any faith).
▪ They cannot fight and cannot be attacked.
▪ If captured, they must be sent back to their own side unless they choose to stay and help
Prisoners of War.
3. Civilians
▪ Civilians include everyone who is not part of the military and who do not directly
participate in the hostilities.
▪ Civilians are protected under IHL and cannot be attacked in war.
▪ Civilians can lose their IHL protection if they join a rebel group or take up arms and can
become a target for as long as they are actively fighting.
Sometimes, people choose to fight without being part of a country’s military. These are usually
armed groups that fight against a government. They are not considered combatants under IHL
because their actions are illegal.
Their legal status can be complicated, but for now, it's enough to know that they do not get the
same core protections as legal combatants.
Military Objectives:
▪ Things that help the enemy’s military efforts by its nature, location, purpose, or use.
▪ Military objectives are those that offer a clear military advantage if the object is
destroyed, captured, or neutralized. For example, the German military airfields we
discussed earlier are a classic example of a military objective.
Civilian Objects:
▪ By default, everything is considered civilian property unless it is clearly a military target.
▪ This means homes, schools, and hospitals cannot be attacked unless they are being
improperly used for military purposes. For example, a school would be protected from
attack unless soldiers began using it as a base to launch attacks from.
Slide 8
Principle of Proportionality
The Rule:
Parties to a conflict should not
commit acts of war where the
anticipated loss of civilian lives, injury
to civilians, and damage to civilian
property is excessive in relation to the
direct and concrete advantage
expected to be gained.
Slide 8:
In war, combatants must not carry out attacks if the expected harm to civilians is too great
compared to the military advantage gained. While civilians cannot be directly targeted, IHL
acknowledges that they may sometimes be unintentionally harmed—this is called collateral
damage. However, warring parties must take steps to minimize this harm.
The principle of proportionality requires that before launching an attack, military leaders must
weigh the expected civilian harm against the military benefit of the attack. If the harm to
civilians or their property is excessive, the attack should not happen.
This principle can be difficult to apply because there is no universal rule for how much harm is
"too much." It is a judgment call that depends on the situation and different people making the
judgement might disagree on what is proportional.
This wasn’t a legal requirement, but rather a policy decision by the U.S. Secretary of Defense. He
decided that at this stage of the conflict, no military goal in the conflict was worth even a single
civilian life.
This is an example of how proportionality is applied—not just as a legal principle, but also as a
moral and strategic decision.
Slide 9
The Rule:
Parties to a conflict should not
use means and methods of
warfare that are designed to
cause unnecessary suffering.
Slide 9:
The Principle of Limiting Unnecessary Suffering means that parties to a conflict should not use
means or methods of warfare that are designed to cause unnecessary suffering.
War inevitably involves suffering, but this principle ensures that the harm caused is not
excessive or intentional beyond what is needed to fight. In other words, this principle prohibits
means or methods of warfare that inflict suffering for suffering’s sake.
For example:
Shooting a combatant with a standard bullet is unfortunate but allowed under IHL, even though
it inevitably causes some degree of suffering. However, using a bullet designed to shatter into
tiny fragments upon entering the body, causing long-term severe pain and making medical
treatment difficult, is not allowed. This type of weapon serves no purpose other than to
increase suffering, violating this principle.
Chemical weapons such as Mustard Gas or Sarin Gas are also illegal due to their violation of this
IHL principle. They have been banned because they cannot be contained and are specifically
designed cause long-term suffering for everyone in the area, including terrible effects like
blindness, asphyxiation, and severe burns.
To uphold this rule, countries must review their weapons and tactics to ensure they comply.
Slide 10
Targeting Activity
• After months of fighting, Eastland has pushed the attacking troops
back into Westovian territory. One final stronghold remains in the
town of Pleasantville. The town of Pleasantville hosts many enemy
combatants but is also home to 200,000 civilians.
10
10
Slide 10:
Now that we’ve learned about these principles, let's put them into action with a hands-on
activity! Put yourself in the position of a military legal advisor and consider each of these
potential targets to determine which are legal.
After months of fighting, Eastland has pushed the attacking troops back into Watsonian
territory. One final stronghold remains in the town of Pleasantville. The town of Pleasantville
hosts many enemy combatants but is also home to 200,000 civilians.
As combatants, you must constantly make split second decisions about what to target and what
to protect. Destroy the military objectives in the town of Pleasantville using the artillery
provided.
Slide 11
11
Slide 11:
YES. This person would be considered a combatant. Combatants are targetable under IHL unless
they are wounded, sick, captured, or surrender.
Slide 12
Is this object
a legal
target?
12
Slide 12:
NO. Tractors are considered civilian objects and items necessary for civilian survival and under
IHL should not be targeted.
Slide 13
Is this object a
legal target?
13
Slide 13:
YES. These combatants are targetable as well as the weapons. These weapons are targetable
because their “nature” as a weapon makes it targetable by default.
Slide 14
14
Slide 14:
NO. Though the helicopter looks like it could belong to the military, notice the Red Cross
emblem. The Red Cross Emblem has a special status in IHL and objects with the emblem must
not be targeted for attack.
Slide 15
• Only grave breaches of IHL are considered war crimes, and the
Geneva Conventions require that countries prosecute war crimes.
• If countries are unwilling or unable to hold a trial for a war crime, and
have ratified the Rome Statute, the International Criminal Court could
try the case.
15
Slide 15:
We have discussed the IHL principles but what happens when these rules of war are violated?
States must incorporate the Geneva Conventions into their own domestic law so that violations
of IHL by their people can be handled by their domestic courts. The Geneva Conventions require
that countries prosecute war crimes which are very serious breaches of IHL. For example, the
United States has codified numerous provisions of the Geneva Conventions into the United
States Criminal Code. Including these provisions in the criminal code allows the U.S. government
to pursue prosecutions for IHL violations.
Next, let’s discuss some important IHL accountability terms and how domestic and international
courts prosecute breaches of IHL...
Slide 16
Slide 16:
There are some important IHL accountability key terms to further understand IHL.
War crimes are serious violations of IHL, committed against persons or objects in
connection to an armed conflict. The Geneva Conventions require that countries prosecute
war crimes.
Crimes Against Humanity is the commission of certain inhumane acts committed as part of
a widespread or systematic attack directed against a civilian population. These would
include genocide, enslavement, sexual violence, torture, ethnic cleansing, etc.
Genocide includes acts committed with the intent to physically destroy, in whole or in part,
a national, ethical, racial, or religious group. This is a crime against humanity.
Slide 17
17
Slide 17:
International Criminal Law (ICL) is a field of last resort that focuses on rendering individual
criminal responsibility. IHL is enforced through courts’ use of ICL.
Domestic and international courts both prosecute war crimes but in different ways. Let’s look at
how they do this...
Slide 18
Domestic Courts
• Domestic courts are the most common venue for
prosecution of war crimes:
Slide 18:
Domestic courts are the most common venue for prosecution of war crimes.
19
Slide 19:
International criminal courts are used as a last resort and only used if domestic and military
courts are unwilling or unable to prosecute.
Jurisdiction is set forth in the court's governing statue which establishes a court's power and
what laws they need to apply. These international courts apply international criminal law in the
prosecution of war crimes. The most well-known of these courts is The International Criminal
Court, the ICC.
The Rome Statute is the treaty that established the ICC and countries that do not sign onto this
treaty have no legal obligations or recognition of the ICC. The United States has not ratified the
Rome Statute and does not recognize the ICC as having power.
Slide 20
Making a Case
• Congratulations! You now acting as a Military Legal
Advisor. Listen to the following scenarios and determine if
you are for or against the following actions, using your
knowledge of IHL as a guide.
• Listen to the case then go to the side of the room that best
corresponds with your opinion. Prepare to defend your
answer.
Slide 20:
Now for another activity!
Here, you have been selected as a Military Judge Advocate, also known as a military lawyer or
legal advisor. Listen to the following scenarios and determine if you are for or against the
following action while using your knowledge of IHL as a guide.
Listen to the case then go to the side of the room that best corresponds with your opinion.
Prepare to defend your answer. The majority will rule the decision.
Slide 21
Scenario 1
During an armed conflict, a Westovian Army Officer
travels to the Eastern territories for a romantic
getaway in a rustic mountain cabin. An
Eastlandian Combatant spots him. Can the
Eastlandian Combatant attack the Westovian Army
Officer?
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Slide 21:
Scenario 1
During an armed conflict, a
Westovian Army Officer travels to
the Eastern territories for a
romantic getaway in a rustic
mountain cabin. An YES / NO
Eastlandian Combatant spots
him. Can the
Eastlandian Combatant attack
the Westovian Army Officer?
21
Slide 22:
Ask: Can the Eastlandian Combatant attack the Westovian Army Officer?
Slide 23
Scenario 1
During an armed conflict, a
Westovian Army Officer travels to
the Eastern territories for a
YES
romantic getaway in a rustic If individuals are
mountain cabin. An combatants, they can be
Eastlandian Combatant spots targeted at any time, even
him. Can the when off duty.
Eastlandian Combatant attack
the Westovian Army Officer?
21
Slide 23:
Scenario 2
When Westovian combatants enter the city
of Caramelville, a local Eastlandian farmer
picks up a gun and joins in the hostilities.
Can the farmer be attacked?
22
Slide 24:
Scenario 2
When Westovian
combatants enter the city
of Caramelville, a local
Eastlandian farmer picks YES / NO
up a gun and joins in the
hostilities. Can the
farmer be attacked?
22
Slide 25:
Scenario 2
When Westovian YES
combatants enter the city
In an armed conflict, when
of Caramelville, a local civilians decide to join in the
Eastlandian farmer picks fight, it is called Direct
up a gun and joins in the Participation in Hostilities. They
hostilities. Can the can be attacked for such time as
farmer be attacked? they participate in hostilities.
22
Slide 26:
Scenario 3
A huge battle has occurred in a Westovian field by
the border, and hundreds lie dead or wounded.
Medical supplies are limited, and a doctor is
conflicted about whom to treat. Does the doctor
still need to use supplies on enemy
Eastlandian combatants?
23
Slide 27:
Scenario 3
A huge battle has occurred in a
Westovian field by the border,
and hundreds lie dead or
wounded. Medical supplies are
limited, and a doctor is YES / NO
conflicted about whom to treat.
Does the doctor still need to
use supplies on enemy
Eastlandian combatants?
23
Slide 28:
Ask: Does the doctor still need to use supplies on enemy Eastlandian combatants?
Slide 29
Scenario 3
A huge battle has occurred in a
Westovian field by the border, YES
and hundreds lie dead or
wounded. Medical supplies are Medical personnel must
limited, and a doctor is
treat all wounded and sick
conflicted about whom to treat.
without discrimination.
Does the doctor still need to
use supplies on enemy
Eastlandian combatants?
23
Slide 29:
Scenario 4
While trekking through the Frosting
Mountains, a 12-year-old boy with a gun
is acting as a lookout. He spots your
troops and is about to radio your
location. Can the boy be attacked?
24
Slide 30:
Scenario 4
While trekking through
the Frosting Mountains, a
12-year-old boy with a
gun is acting as a lookout.
He spots your troops and
YES / NO
is about to radio your
location. Can the boy be
attacked?
24
Slide 31:
Scenario 4
While trekking through
the Frosting Mountains, a YES
12-year-old boy with a
gun is acting as a lookout. Targeting the child fighter is
lawful because he is
He spots your troops and participating in hostilities.
is about to radio your
location. Can the boy be
attacked?
24
Slide 32:
Scenario 5
A bomb is set to go off in Westovia's capital in
24 hours. Westovia holds an important
Eastlandian Officer who probably has
information about the bombing. Is torture
allowed as a last resort means of
interrogation?
25
Slide 33:
Scenario 5
A bomb is set to go off in
Westovia's capital in 24 hours.
Westovia holds an important
Eastlandian Officer who
YES / NO
probably has information
about the bombing. Is torture
allowed as a last resort means
of interrogation?
25
Slide 34:
Scenario 5
A bomb is set to go off in
Westovia's capital in 24 hours.
Westovia holds an important NO
Eastlandian Officer who Torture, by international law,
probably has information is prohibited in IHL.
about the bombing. Is torture
allowed as a last resort means
of interrogation?
25
Slide 35:
Scenario 6
An Army Officer commands a subordinate
to kill some prisoners of war while they are
asleep in their cell. The subordinate
completes the task. Is the subordinate
responsible for the war crime?
26
Slide 36:
Scenario 6
An Army Officer commands a
subordinate to kill some
prisoners of war while they
are asleep in their cell. The
YES / NO
subordinate completes the
task. Is the subordinate
responsible for the war
crime?
26
Slide 37:
Scenario 6
An Army Officer commands a
subordinate to kill some YES
prisoners of war while they
are asleep in their cell. The Subordinates must
subordinate completes the disobey a clearly unlawful
order that violates IHL.
task. Is the subordinate
responsible for the war
crime?
26
Slide 38:
Great Work!
In the next Module, you will learn about this year’s IHL
Theme and how it applies to armed conflict in practice.
27
Slide 39:
Thank you for acting as a Military Legal Advisor and using your knowledge of IHL as a guide!
In the next module, you will learn about this year’s IHL Theme and how it applies to armed
conflict in practice.
Slide 40
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Slide 40:
Now that you are an expert on IHL and the history of the American Red Cross, we will leave
you with a quote from our founder Clara Barton:
“If I were to speak of war, it would not be to show you the glory of conquering armies, but
the mischief and misery they leave in their tracks.”