1. OMAC
Istituto Comprensivo
Sant’Angelo in Vado
2008/2010
INTERNATIONAL HUMANITARIAN
LAW AND HUMAN RIGHTS
Doct. GIANLUIGI GULLI
Instructor D.I.U. – Qualified Councillor FF.AA.

2. INTERNATIONAL HUMANITARIAN
LAW
FIELD OF THE PUBLIC INTERNATIONAL LAW,
ESTABLISHING THE CONDUCT RULES OF
COUNTRIES IN CASE OF WAR.
IT SETS SOME LIMITS TO THE USE OF MEANS
AND METHODS OF WAR AND IT TAKES
CARE OF PEOPLE WHO DO NOT TAKE PART
AND THOSE WHO ARE NO LONGER
PARTICIPATING IN THE HOSTILITIES.

3. LET’S START FROM A
QUESTION
!IS WAR
PROHIBITED?

4. 1945
THE CHARTER OF THE UNITED NATIONS
SI
YES!
THE MENACE OR THE USE OF FORCE
AGAINST OTHER COUNTRIES IS
UNLAWFUL

5. !IN THIS CASE, WHY SPEAK
OF INTERNATIONAL
HUMANITARIAN LAW?
A.! THE COUNTRIES STILL HAVE THE
RIGHT TO DEFEND THEMSELVES
FROM ATTACKS
B.! THE PROHIBITION DOESN’T
CONCERN INLAND WARS AND CIVIL
WARS
C.! …ANYWAY, WARS EXIST!

6. Solferino battle
2nd Indepence War
24 June 1859
!a little of history?
40.000 victims between dead and
wounded people

7. !a little of history ?
Henry Dunant

8. ! Dunant’s project
•! Establishment of permanent humanitarian rules,
having a universal purpose
•! Establishment of societes of assistance in all
countries
•! Neutrality of wounded and sick people whatever
line-up they may belong to
•! Neutrality of medical corps
•! Establishment of a distinctive universal emblem

9. BANDIERA
RED CROSS
CONFEDERAZIONE ELVETICA
EMBLEM OF NEUTRALITY AND PROTECTION

10. 22 AUGUST 1864
1st GENEVA CONVENTION
•!For the
amelioration of
the conditions of
the wounded ad
sick in Armed
Forces in the
field.

11. 2nd GENEVA CONVENTION
• For the
amelioration of the
conditions of
wounded, sick and
shipwrecked
members Armed
Forces at sea

12. 3rd GENEVA CONVENTION
• Relative to
the treatment
of prisoners
of war

13. 1949
4th GENEVA CONVENTION
•!Relative to
the
protection of
civilian
persons in
time of war

14. DECLARATION OF ST PETERSBURG 1868
.!THE ONLY RIGHT PURPOSE THE COUNTRIES
HAVE TO INTEND IN WARTIME IS THE
WEAKENING OF THE ENNEMY’S FORCED ARMS
!THEY GO BEYOND THE PURPOSE ABOVE-
MENTIONED IF THEY USE ARMS THAT WORSEN
USELESSLY THE SUFFERINGS OF THE MEN WHO
HAVE BEEN PUT OUT OF ACTION OR THEY MAKE
THEIR DEATH INEVITABLE

15. WAR LAW
DIRITTO DI GINEVRA
DIRITTO DELL’AJA MODERN TEACHING
NOWADAYS THE
THINKS THE DIFFERENCE BETWEEN THE LAW
Norme che Norme che mirano alla
OF AJA AND GENEVA’S IS OLD FASHIONED.
stabiliscono diritti e protezione e
TODAY THE EXPRESSION INTERNATIONAL
doveri dei belligeranti salvaguardia dei militari
HUMANITARIAN LAW IS
nella condotta delle posti fuori
USED,BY THE INTERNATIONAL COMMUNITY, TO
operazioni militari; combattimento e di tutte
limitano laTHE WAR LAW le altre persone che non
MEAN scelta dei ON THE WHOLE.
“mezzi” e dei partecipano alle ostilità -
“metodi” di POPOLAZIONE CIVILE
combattimento

19. 8 JUNE 1977
ADDITIONAL PROTOCOLS I and II
TO THE GENEVA CONVENTIONS

20. INTERNATIONAL CONFLICTS
CONFLICT BETWEEN SOLDIERS OF
•! I, II, III, IV CONVENZIONE DI GINEVRA 1949
TWO OR MORE COUNTRIES
•! I PROTOCOLLO AGGIUNTIVO 1977
NON-INTERNATIONAL CONFLICTS
•! ART. 3 CONFLICT ON THE TERRITORY OF A
COMUNE ALLE CONV. GINEVRA 1949
COUNTRY BETWEEN FORCED ARMS
•! II PROTOCOLLO AGGIUNTIVOOR BETWEEN
AND FORCED GROUPS 1977
FORCED GROUPS BETWEEN
THEMSELVES!

21. 6 TREATES AND 600 ARTICLES
!BUT, IN BRIEF:
1. PEOPLE WHO ARE NO LONGER
PARTICIPATING IN THE
HOSTILITIES,HAVE TO BE
PROTECTED,RESPECTED AND
TREATED WITH HUMANITY.
2.! THE REQUIRED TREATMENTS
WILL BE ALWAYS ASSURED,
WITHOUT ANY
DISCRIMINATION

22. 6 TREATES and 600 ARTICLES
!BUT, IN BRIEF:
2. THE FIGHTERS CAPTURED
AND PEOPLE WHO ARE, ANY
WAY, IN POWER OF THEIR
ADVERSARY, HAVE TO BE
ALWAYS HANDLED WITH
HUMANITY.
THEY HAVE TO BE PROTEC-
TED AGAINST VIOLENT ACTS,
ESPECIALLY AGAINST THE
TORTURE BOTH PHYSICAL
AND PSYCHOLOGICAL.
A RIGHT PROCESS HAS TO BE
ASSURED TO PEOPLE WHO
ARE SUBMITTED TO JUDGE-
MENT.

23. 6 TREATES and 600 ARTICLES
!BUT, IN BRIEF:
3.! BELLIGERANTS HAVE NO ILLIMITED
RIGHT TO CHOOSE
METHODS AND MEANS OF
WARFARE.
METHODS AND MEANS THAT
CAUSE SUPERFLUOUS
HARMS OR USELESS SUFFE-
RINGS AS REGARDS THE
CONCRETE MILITARY
ADVANTAGE IN DEMAND
WON’T BE USED.

24. 6 TREATES and 600 ARTICLES
!BUT, IN BRIEF:
DISTINCTION
BETWEEN
CIVILIAN POPULATION AND COMBATANTS
AND BETWEEN
CIVILIAN OBJECTS AND MILITARY
OBJECTIVES

25. INTERNATIONAL COURT OF JUSTICE
- AJA
Case Corfu
“!elementary considerations of humanity”
Case Nicaragua
“!fundamental general principles of
Humanitarian Law”

26. ART. 3 COMMON C.G.’49
THE “MINI-CONVENTION”
IT OFFERS FUNDAMENTAL
GUARANTEES TO THE VICTIMS OF
WARS THAT HAVE NO
INTERNATIONAL CHARACTER.
THESE GUARANTEES CONCERN
THE REGULATION OF BUSINESS
INSIDE THE STATE.
CONSEQUENTLY, THEY RESTRAIN
ITS EXCLUSIVE SOVEREIGNITY.

27. GENERAL ASSEMBLY
OF THE UNITED NATIONS 1948
UNIVERSAL DECLARATION OF
HUMAN RIGHTS

28. HUMAN RIGHTS
According to Davidson:
“!the phenomenon known as human rights is
LEGISLAZIONE INTERNAZIONALE CHE HA
relative not only to the protection of individuals
PER SCOPO DI GARANTIRE AGLIgovernment
from the ruling of States or of INDIVIDUI –
authorities inTEMPO –periods of their life,but it
IN OGNI certain LA POSSIBILITÀ DI
GODERE DI DIRITTI E DI LIBERTÀ
is also inclined to the creation of social
FONDAMENTALI
conditions by which each individual can develop
LIMITANO his maximum potential”
IL POTERE DELLO STATO SUGLI
INDIVIDUI

29. INTERNATIONAL HUMANITARIAN LAW
FIELD OF THE PUBLIC INTERNATIONAL
LAW, ESTABLISHING THE CONDUCT RULES
OF COUNTRIES IN CASE OF WAR.
IT SETS SOME LIMITS TO THE USE OF
MEANS AND WAYS OF WAR AND IT TAKES
CARE OF PEOPLE WHO DO NOT TAKE PART
AND THOSE WHO ARE NO LONGER
PARTICIPATING IN THE HOSTILITIES.

30. BOTH OF THEM AIM AT RESTRAINING
THE POWER OF GOVERNMENT
AUTHORITIES TO PROTECT THE
HUMAN BEING
!ma allora DIU e DU sono la
stessa cosa?
BUT
BUT
!THEY PROTECT HIM IN DIFFERENT
WAYS AND CIRCUMSTANCES

31. THEY ARE DISTINCT AND
COMPLEMENTARY BRANCHES OF PUBLIC
INTERNATIONAL LAW
IHL HR
•! IT IS APPLIED IF •! THEY ARE
THERE IS A ALWAYS
CONFLICT APPLIED
•! IT CAN NEVER BE •! SOME OF THEM CAN
DEROGATED BE INTERRUPTED IN
EXCEPTIONAL
CASES.

32. “HARD POINT”
•! DIRITTO ALLA VITA
•! DIVIETO DI TORTURA THAT ALL
HUMAN RIGHTS
•! DIVIETO DI PENE E TRATTAMENTI
COUNTRIES HAVE TO
INUMANI
RESPECT IN ALL
•! DIVIETO DI SCHIAVITU’ E SERVITU’
CIRCUMSTANCES
•! PRINCIPIO DI LEGALITA’
•! GIUSTO PROCESSO

33. MARTENS CLAUSE
PREAMBLES AJA 1907 IV
“….IN CASES NOT INCLUDED IN THE
REGULATIONS ADOPTED, THE INHABITANTS
AND THE BELLIGERENTS REMAIN UNDER THE
PROTECTION AND THE RULE OF THE
PRINCIPLES OF THE LAW OF NATIONS, AS
THEY RESULT FROM THE USAGES
ESTABLISHED AMONG CIVILIZED PEOPLES
FROM THE LAWS OF HUMANITY AND THE
DICTATES OF THE PUBLIC CONSCIENCE.”

34. ANY QUESTIONS?

35. !THANKS FOR YOUR
ATTENTION

37. 6 TREATES and 600 ARTICLES
!but, in brief:
DISTINCTION
between
civilian population and combatants
and between
civilian objects and military objectives

38. MILITARY OBJECTIVE
ART. 52 CO.2 I P.A. 1977
OBJECT WHICH BY ITS NATURE,
LOCATION, PURPOSE OR USE MAKES AN
EFFECTIVE CONTRIBUTION TO MILITARY
ACTION AND WHOSE TOTAL OR PARTIAL
DESTRUCTION, CAPTURE OR
NEUTRALIZATION IN THE
CIRCUMSTANCES RULING THE TIME,
OFFERS A DEFINITE MILITARY
ADVANTAGE.

39. CIVILIANS
ALL PEOPLE WHO DO NOT BELONG TO
ONE OF THE CLASSES INDICATED
IN THE ART.4 LET.A III C.G.1949 AND ART.43 I
P.A. 1977
CIVILIAN POPULATION
ALL CIVILIANS AS A WHOLE

40. A CIVILIAN IS A CIVILIAN
 If he doesn’t take part
in the conflict in no
way…
 If he doesn’t behave
in a hostile way…
 If he is always and
not occasionally a
civilian person

41. CIVILIAN OBJECTS
NO ATTACK
NO RETALIATION
ART.52 CO.1 I P.A. 1977
ALL OBJECTS THAT ARE NOT
MILITARY OBJECTIVES

42. DOUBTFUL
CASES???
UN BENE CHE NORMALMENTE E’
COMPARATIVE
DESTINATO AD USO CIVILE, COME
PRESUMPTION
ABITAZIONI, LUOGHI DI CULTO,
SCUOLE, SI PRESUME CHE NON SIA
SUSCEPTIBLE OF
EVIDENCE “CONTRIBUIRE
UTILIZZATO PER TO THE
EFFICACEMENTE ALL’AZIONE
CONTRARY
MILITARE”

43. INDISCRIMINATE ATTACKS
ART. 51 CO.4 I PA 1977
•! Attacks which are not directed to a specific military
objective
•! Attacks which employ a method or means of combat
which cannot be directed to a specific military
objective THEY’RE
•! Attacks which employ a method or means of combats
PROHIBITED
the effects of which cannot be limited as required by
this Protocol and consequently , in each such case,
are of a nature to strike military objectives and
civilians or civilian objects without distinction.

44. !for example
ART.51 CO.5 I P.A. 1977
•! AN ATTACK BY BOMBARDMENT, BY ANY METHODS OR
MEANS WHICH TREATES AS A SINGLE MILITARY
OBJECTIVE A NUMBER OF CLEARLY SEPARATED AND
DISTINCT MILITARY OBJECTIVES LOCATED IN A
CITY,TOWN, VILLAGE OR OTHER AREA CONTAINING A
SIMILAR CONCENTRATION OF CIVILIANS OR CIVILIAN
OBJECTS
•! AN ATTACK WHICH MAY BE EXPECTED TO CAUSE
INCIDENTAL LOSS OF CIVILIAN LIFE, INJURY TO
CIVILIANS, DAMAGE TO CIVILIAN OBJECTS OR A
COMBINATION THEROF, WHICH WOULD BE EXCESSIVE IN
RELATION TO THE CONCRETE AND DIRECT MILITARY
ADVANTAGE ANTICIPATED.
NOT PEREMPTORY

45. PRECAUTIONS IN ATTACK
ART.57 I P.A. 1977
Those who plan or decide upon an attack shall:
•! DO EVERYTHING FEASIBLE TO VERIFY THAT THE OBJECTIVES TO
BE ATTACKED ARE NEITHER CIVIIAN NOR CIVILIAN OBJECTS AND
ARE NOT SUBJECT TO SPECIAL PROTECTION BUT THEY ARE
MILITARY OBJECTIVES EX ART. 52,2 AND IT IS NOT PROHIBITED BY
THE PROVISIONS OF THIS PROTOCOL TO ATTACK THEM
•! TAKE ALL POSSIBLE PRECAUTIONS IN THE CHOICE OFMEANS AND
METHODS OF ATTACK, WITH A VIEW TO AVOIDING AND IN ANY
EVENT TO MINIMIZING INCIDENTAL LOSS OR CIVILIAN LIFE,
INJURY TO CIVILIANS AND DAMAGES TO CIVILIAN OBJECTS.

46. PRECAUTIONS IN ATTACK
ART.57 I P.A. 1977
THOSE WHO PLAN OR DECIDE UPON AN ATTACK SHALL:
•! REFRAIN FROM DECIDING TO LAUNCH ANY ATTACK WHICH
MAY BE EXPECTED TO CAUSE INCIDENTAL LOSS OF
CIVILIAN LIFE, DAMAGES TO CIVILIAN OBJECTS OR A
COMBINATION THEROF, THAT WOULD BE EXCESSIVE IN
RELATION TO THE CONCRETE AND DIRECT MILITARY
ADVANTAGE ANTICIPATED.
NO EXCESSIVE COLLATERAL DAMAGES

47. PRINCIPLE OF PROPORTIONALITY
HUMAN LOSSES and
COLLATERAL MILITARY
DAMAGES ADVANTAGE
THE PARTIES HAVE NO ILLIMITED RIGHT TO
CHOOSE METHODS AND MEANS OF WAR

48. MILITARY NECESSITY
CAUSE OF
JUSTIFICATION
WAR NECESSITY
REASON OF WAR
LIMIT TO THE WAR
ACTION

49. MILITARY NECESSITY
=
THE REASON OF WAR PREVAILS ON THE RIGHT
OF WAR
!military necessity doesn’t justify the killing of
civilian population and the destruction of towns in
the occupied territories
NUREMBERG COURT
1950 CASE “LIST AND OTHERS”

50. BREACH OF PRECAUTIONS
=
SERIOUS INFRACTION TO I.H.L.
=
WAR CRIME

51. !and therefore
ART.57 I P.A. 1977
•! AN ATTACK SHALL BE CANCELLED OR SUSPENDED IF IT BECOMES
APPARENT THAT THE OBJECTIVE IS NOT A MILITARY ONE OR IS
SUBJECT TO SPECIAL PROTECTION, OR THAT THE ATTACK MAY BE
EXPECTED TO CAUSE INCIDENTAL LOSS OF CIVILIAN LIFE, INJURY
TO CIVILIANS,DAMAGE TO CIVILIAN THAT OBJECTS OR A
COMBINATION THEREOF, WHICH WOULD BE EXCESSIVE IN
RELATION TO THE CONCRETE AND DIRECT MILITARY ADVANTAGE
ANTICIPATED
•! WHEN A CHOICE IS POSSIBLE BETWEEN SEVERAL OBJECTIVES
FOR OBTAINING A SIMILAR MILITARY ADVANTAGE.
•! THE OBJECTIVE TO BE SELECTED SHALL BE THAT THE ATTACK ON
WHICH MAY BE EXPECTED TO CAUSE THE LEAST DANGER TO
CIVILIAN LIVES AND TO CIVILIAN OBJECTS.

52. PRECAUTIONS AGAINST THE EFFECTS
OF ATTACKS
ART. 58 I P.A. 1977
!THE PARTIES TO THE CONFLICT SHALL:
•! ENDEAVOUR TO REMOVE THE CIVILIAN POPULATION,
INDIVIDUAL CIVILIANS AND CIVILIAN OBJECTS UNDER THEIR
CONTROL FROM THE VICINITY OF MILITARY OBJECTIVES
•! AVOID LOCATING MILITARY OBJECTIVES WITHIN OR NEAR
DENSELY POPULATED AREAS
•! TAKE THE OTHER NECESSARY PRECAUTIONS TO PROTECT
THE CIVILIAN POPULATION, INDIVIDUAL CIVILIANS AND
CIVILIAN OBJECTS UNDER THEIR CONTROL AGAINST
THE DANGERS RESULTING FROM MILITARY OPERATIONS.

53. PROTECTION OF OBJECTS INDISPENSABLE TO
THE SURVIVAL OF THE CIVILIAN POPULATION
ART. 54 I P.A. 1977
IT IS PROHIBITED!
• STARVATION OF CIVILIANS AS A METHOD OF WARFARE
• TO ATTACK, DESTROY, REMOVE OR RENDER USE LESS
OBJECTS INDISPENSABLE TO THE SURVIVAL OF THE CIVILIAN
POPULATON ( SUCH AS FOOD-STUFFS, AGRICULTURAL AREAS
FOR THE PRODUCTION OF FOOD-STUFFS,CROPS,LIVESTOCK,
DRINKING WATER, INSTALLATIONS AND SUPPLIES AND
IRRIGATION WORKS) FOR THE SPECIFIC PURPOSE OF DENYING
THEM FOR THEIR SUSTENANCE VALUE TO THE CIVILIAN
POPULATION OR THE ADVERSE PARTY, WHATEVER THE
MOTIVE: WHETHER IN ORDER TO STARVE OUT CIVILIANS, TO
CAUSE THEM TO MOVE AWAY OR ANY OTHER MOTIVE.

54. !unless
THE OBJECTS ARE NOT USED BY AN ADVERSE
PARTY:
•! AS SUSTENANCE SOLELY FOR THE MEMBERS
OF ITS FF.AA.
•! IF NOT A SUSTENANCE , THEN IN DIRECT
SUPPORT OF MILITARY ACTION
!and however
•! PROVIDED THAT IN NO EVENT SHALL ACTIONS
AGAINST THESE OBJECTS BE TAKEN WHICH MAY
BE EXPECTED TO LEAVE THE CIVILIAN
POPULATION WITH SUCH INADEQUATE FOOD OR
WATER AS TO CAUSE ITS STARVATION OR
FORCE ITS MOVEMENT

55. CULTURAL OBJECTS AND PLACES
OF WORSHIP
ART. 53 I P.A. 1977
AJA CONVENTION 1954 + PROT.
IT IS PROHIBITED
•! TO COMMIT ANY ACTS OF
HOSTILITY AGAINST THE
HISTORIC MONUMENTS,
WORKS OF ART OR
PLACES OF WORSHIP WHICH
CONSTITUTE THE CULTURAL
OR SPIRITUAL HERITAGE
•! OF PEOPLES
•! TO MAKE SUCH OBJECTS THE
OBJECT OF REPRISALS

56. CULTURAL OBJECTS AND PLACES
OF WORSHIP
ART. 53 I P.A. 1977
AJA CONVENTION 1954 + PROT.
THEY CAN’T !
•! BE USED IN SUPPORT
TO THE MILITARY EFFORT

57. WORKS AND INSTALLATIONS
CONTAINING DANGEROUS FORCES
ART. 56 I P.A. 1977
BUT THE PROTECTION SHALL CEASE
IF
THEY ARE USED FOR OTHER THAN ITS
NORMAL FUNCTION AND FOR
NON POSSONO ESSERE OGGETTO DI ATTACCO
REGULAR,SIGNIFICANT AND DIRECT
ANCHE SE COSTITUISCONO OBIETTIVO
SUPPORT OF MILITARY OPERATIONS
MILITARE SE GLI ATTACCHI POSSONO
AND IF
PROVOCARE LA LIBERAZIONE DI TALI FORZE E
SUCH ATTACKS ARE THEPERDITE TRA LA WAY TO
CAUSARE GRAVI ONLY FEASIBLE
TERMINATE SUCH SUPPORT
POPOLAZIONE CIVILE

58. NATURAL ENVIRONMENT
ART 35 N.3 AND ART 55 I PA 1977
1976
CONVENTION
INSIEME DELLE CONDIZIONI
ON THE PROHIBITION OF MILITARY
FISICHE, CHIMICHE E BIOLOGICHE
OR ANY HOSTILE USE OF
CHE PERMETTONO E
FAVORISCONO LA VITA DEGLI
ENVIRONMENTAL
ESSERI VIVENTI
MODIFICATION TECHNIQUES
RIS. 31/72 10 DECEMBER 1976
DIVIETO DI MEZZI O METODI
CHE PROVOCHINO DANNI ESTESI, DUREVOLI E
GRAVI

59. CIVILIANS SUBJECT TO PARTICULAR
PROTECTION
•! PREGNANT WOMEN
•! UNDER-SEVENS’ MOTHERS
•! BOTH CIVILIAN AND MILITARY
BLESSED AND SICK PEOPLE
•! UNDER-FIFTEENS CHILDREN

60. CONCLUSION OF AGREEMENTS FOR
THE EVACUATION OF BLESSED, SICK
AND OLD PEOPLE, WOMEN, CHILDREN,
HEALTH AND RELIGIOUS PERSONNEL CREATION OF SECURITY HEALTH
FROM THE BESIEGED ZONES ZONES OR OF NEUTRALIZED ZONES
•!TO RESPECT THE PRECISE GUARANTEES PROVIDED BY THE CONVENTIONS
•!TO RESPECT AND PROTECT HOSPITALS
•!TO LET HEALTH MATERIALS, PROVISIONS, CLOTHES FOR CIVILIANS GO
BY FREELY
•!TO MAKE THE CORRESPONDENCE EXCHANGE BETWEEN THE PROTECTED
PEOPLE AND THEIR OWN FAMILIES EASIER
•!TO SUPPORT THE REUNION OF THE FAMILIES

61. MARTENS CLAUSE
PREAMBLES AJA 1907 IV
“….IN CASES NOT INCLUDED IN THE REGULATIONS
ADOPTED, THE INHABITANTS AND THE BELLIGERENTS
REMAIN UNDER THE PROTECTION AND THE RULE OF
THE PRINCIPLES OF THE LAW OF NATIONS, AS THEY
RESULT FROM THE USAGES ESTABLISHED AMONG
CIVILIZED PEOPLES FROM THE LAWS OF HUMANITY
AND THE DICTATES OF THE PUBLIC CONSCIENCE.”

62. ANY QUESTIONS?

63. !Thanks for your
attention!