Edgar Raul Leoni Moreno: International Humanitarian Law protects the most vulnerable in armed conflicts
The International Humanitarian Law (IHL), or
the laws
of armed conflict (LAC), is the most remarkable strand that covers the
group of conventional and customary laws, applicable in military
conflicts. These laws regulate combat means and methods and protect people and
properties that are affected by the confrontation.
The goal of these laws is to limit and mitigate the
effects caused by armed conflicts. For this reason, in the LAC, the needs for hostility, along with the
humanitarian requirements are settled. At this point, the LAC differences
between what is permitted (licit) and what it is not.
The referred laws emphasize the principles of human
treat and no discrimination. This means that every person in the world must be
treated properly and without any kind of segregation based on sex, nationality,
race, religious or political believes.
Particularly, the ones who are out of the offensive
must be identified as what they are. The combatants that surrender, the crew
stuck to attacked aircraft, wounded people, castaways, war prisoners and other
captive or detained people, pacifist people that act as civilians, as well as
medical and religious personnel, must be treated with humanity and protected
from any attack.
Concerning military necessity, every combat action
must be justified with the reasons required. That is to say that all
unnecessary warlike action is forbidden. As well as attacking pacific people
that are out of combat, the reason is that this will not grant any military advantage.
In the international treaties' rules, it is strictly
taken into account that military necessity cannot be started as an excuse to
invalidate the armed conflicts' rights. This is why the use of weapons,
projectiles, materials, and methods that cause superfluous damage or
unnecessary suffering, are restricted.


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