International Humanitarian Law (IHL), is also known as the Law of War or the Law of Armed Conflict. According to the International Committee of the Red Cross, it is “a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare.”
The law of warfare existed historically as a set of practices developed over hundreds of years, but in the mid-19th century states began to codify the law into treaties. The most significant early efforts were the First Hague Conference in 1899 and the Second Hague Conference in 1907, which resulted in the Hague Conventions, which governed the conduct of warfare. These have been supplemented by additional agreements in the years since.
In 1949, in the aftermath of World War II, the Geneva Conventions established the rules protecting people during wartime. Specifically, they protect those not taking part in the hostilities, such as civilians and aid workers, as well as those no longer participating, such as the wounded and prisoners of war.
IHL consists of a number of these and a number of other treaties and conventions, as well as a body of customary international humanitarian law.
Thanks to Jim Sherwood, Reference Librarian at the University North Carolina, whose International Humanitarian Law Guide served a source and model for this guide.
This court is not connected with the United Nations, but was created by the Rome Statute in 1988 as a permanent, international criminal court with jurisdiction over war crimes, genocide and crimes against humanity. ICC cases and other information are available on the court’s website.
In addition to the importance of permanent, international courts and regional human rights bodies, in the past ad hoc tribunals were set up to deal with particular conflicts.
The most significant sources of International Humanitarian Law are the pertinent international treaties.
Citation Information for Geneva Conventions and Protocols
The four Geneva Conventions and their additional Protocols form the modern framework for the treatment of soldiers, prisoners of war and non-combatants during wartime. All except Protocol III should be cited to United States Treaties and/or United Nations Treaty Series.
United States Treaties and Other International Agreements (U.S.T.) is available in HeinOnline.
United Nations Treaty Series (U.N.T.S.) is available on HeinOnline.
Title | Date | UST citation | UN TS citation |
“Geneva I” Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field |
Aug. 12, 1949 | 6 U.S.T. 3114 | 75 U.N.T.S. 31 |
“Geneva II” Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea |
Aug. 12, 1949 | 6 U.S.T. 3217 | 75 U.N.T.S. 85 |
“Geneva III” Geneva Convention Relative to the Treatment of Prisoners of War |
Aug. 12, 1949 | 6 U.S.T. 3316 | 75 U.N.T.S. 135 |
“Geneva IV” Geneva Convention Relative to the Protection of Civilian Persons in Times of War |
Aug. 12, 1949 | 6 U.S.T. 3516 | 75 U.N.T.S. 287 |
“Protocol I” Protocol Additions to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts |
June 8, 1977 | No U.S.T. citation | 1125 U.N.T.S. 3 |
“Protocol II” Protocol II Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts |
June 8, 1977 | No U.S.T. citation | 1125 U.N.T.S. 609 |
“Protocol III” Protocol III Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem. |
Dec. 8, 2005 | No U.S.T. citation; can be found on the ICRC website at: http://www.icrc.org/ihl.nsf/FULL/615 | No U.N.T.S. citation |
Customary international humanitarian law consists of rules derived over time from “a general practice accepted as law”. Customary IHL complements and fills in the gaps in treaty law. The best freely available online source is the International Committee of the Red Cross’s website on customary practice in international humanitarian law.