The Principles Underpinning Humanitarian Ethos Amid Conflict.
- Ammarah Ahmed
- Jan 5, 2022
- 2 min read
It's a striking balance between military necessity and the principle dignities of humanity.

Initiated by Genevan businessman, Henry Dunant, International Humanitarian Law (IHL) strives to regulate the conduct of parties engaging in an armed conflict, whilst limiting the consequences of warfare. Dunant's witnessing of the Italian battlefields of Solferino in 1859 prompted his establishment of the two founding pillars of IHL: the establishment of the 'International Committee of the Red Cross' and the formulation and global adoption of the first Geneva Convention. IHL's pervading objective addresses the protection of individuals and the mitigation of the effects of war. Belligerent states and armed forces engaged in conflict are obliged to conduct hostilities within specified legal parameters, bound under the ordinance of IHL.
The two core underlying principles of IHL shape the body of law and are inherent in most regulations stemming from the Geneva Conventions: the principles of humanity and military necessity.
The principles of military necessity permit the use of force that is necessary to achieve the conflict aim but with limitations applied to the expenditure of life and resources. The principles of humanity forbid the infliction of suffering, injury, or destruction which would not be necessary to win the war.
Thus, IHL details four operational principles that must be employed by armed groups on the battlefield:
Distinction
Proportionality
Precautions
Unnecessary Suffering
Branches of IHL
Principally, IHL encases two core branches of law, those being Hague Law and Geneva Law.
Hague law by definition regulates the means and methods of warfare, of which there are specific restrictions upon weapons permissible and impermissible in an armed conflict; hostilities can only be acquitted within bounded regulations. Hence, Hague Law is alternatively referred to as governing the conduct of hostilities.
Geneva law on the other hand, safeguards persons in an armed conflict, encompassing both military personnel and civilians who are not or who are no longer directly engaging in hostilities. This branch of IHL rules that combatants whom have laid down arms, detainees, women, children, medical personnel and civilians must invariably be addressed and treated benignantly and humanely. Geneva law further stipulates explicit specifications regarding their treatment. 196 states have signed the Genevan treaty bodies, establishing it as the most prevalently recognised compendium of international treaties.
The cities upon which the treaties were initially codified are referenced in their names; the Hague Conventions of 1899 and 1907 refers to Hague law, and Genevan law cites the four 1949 Geneva Conventions, whereby the protection of individuals were regulated.
Henceforth, IHL does not merely regulate whether the use of force by one state against another ('jus ad bellum') is lawful, and is only relevant if an armed conflict exists. Its objectives to alleviate the detriments of war undoubtedly play a significant contribution to imposing humanity in the least dignified of circumstances.
Comments