Introduction

International Humanitarian Law (IHL), also known as the Law of Armed Conflict (LOAC), governs the conduct of warfare and the protection of individuals during armed conflicts. It aims to limit the effects of armed conflict on human beings and the environment, promoting humanity even amidst warfare. The course is designed for humanitarian practitioners, legal professionals, military personnel, and anyone involved in conflict response, to deepen their knowledge of IHL, its implementation in real-world crises, and its intersection with human rights and humanitarian law.

Course Objectives

By the end of the course, participants will:

1. Understand the Principles of IHL: Gain knowledge of the core principles of IHL, including distinction, proportionality, and necessity, and how they guide conduct during conflict.
2. Explore IHL Instruments and Frameworks: Study the key IHL treaties such as the Geneva Conventions, Additional Protocols, and other relevant international instruments.
3. Analyze the Protection of Persons and Property under IHL: Learn about the protection of civilians, prisoners of war, and combatants in conflict zones.
4. Understand the Enforcement of IHL: Explore the mechanisms of ensuring compliance with IHL and the challenges of enforcement in non-international armed conflicts (NIACs) and international armed conflicts (IACs).
5. Study the Role of Humanitarian Actors: Examine how humanitarian organizations like the International Committee of the Red Cross (ICRC), United Nations (UN), and local entities operate under IHL during crises.
6. Tackle Contemporary Challenges to IHL: Discuss the evolving nature of conflicts, including asymmetric warfare, cyber warfare, and the implications of drones and private military contractors in modern warfare.

Who Should Attend?

This course is designed for:

• Humanitarian workers and NGO staff involved in humanitarian response in conflict zones.
• Legal professionals and advocates working in humanitarian law, international law, and human rights law.
• Military personnel and police forces engaged in operations in conflict areas and peacekeeping missions.
• Government officials and policy makers working on humanitarian or defense issues.
• International organizations such as ICRC, UNHCR, and UN Peacekeeping.
• Academics and students in the fields of international relations, law, conflict resolution, or humanitarian studies.

Course Outline

Day 1: Introduction to International Humanitarian Law

• Morning Session: Overview of International Humanitarian Law
  • What is IHL and why does it matter? Historical development and key concepts.
  • The distinction between International Humanitarian Law (IHL), International Human Rights Law (IHRL), and International Criminal Law (ICL).
  • The Geneva Conventions and Additional Protocols: Origins, significance, and scope of application.
  • Key principles of IHL: Distinction, proportionality, and necessity.
  • Case study: IHL application during the Bosnian War.
• Afternoon Session: The Role of IHL in Armed Conflict
  • International Armed Conflicts (IAC) vs. Non-International Armed Conflicts (NIAC): Distinctions and legal implications.
  • Rules governing the use of force in conflict zones: What constitutes combat and what is prohibited.
  • Overview of the role of the International Committee of the Red Cross (ICRC) and other humanitarian organizations in promoting IHL.
  • Group exercise: Identifying IHL violations in conflict case studies.

Day 2: Protection of Persons Under IHL

• Morning Session: Protection of Civilians
  • The centrality of the protection of civilians in IHL: Key rules prohibiting the targeting of non-combatants.
  • Protection of refugees and displaced persons under IHL: The 1949 Geneva Conventions and their Additional Protocols.
  • The role of humanitarian organizations in civilian protection.
  • Case study: Protection of civilians in the Sudan conflict.
• Afternoon Session: Treatment of Combatants, Prisoners of War, and Detainees
  • The status of combatants and the rights and protections afforded to them under IHL.
  • Treatment of prisoners of war: Prohibited practices, such as torture and inhuman treatment.
  • The importance of ensuring the protection of detainees in armed conflict.
  • Case study: Abu Ghraib prison scandal – IHL violations and the legal aftermath.
  • Role-playing exercise: Interrogation techniques in compliance with IHL.

Day 3: IHL in Practice

• Morning Session: IHL and Humanitarian Assistance
  • The provision of humanitarian assistance during conflict: Impartiality and neutrality in aid delivery.
  • The rights of humanitarian workers under IHL and protections for those delivering aid in conflict zones.
  • The challenges of access to aid: What happens when humanitarian convoys are blocked or attacked?
  • Case study: Yemen – Humanitarian access in a complex conflict.
• Afternoon Session: Enforcement and Compliance with IHL
  • Mechanisms for enforcing IHL: The role of the International Criminal Court (ICC), national courts, and UN bodies.
  • The challenges of ensuring accountability for IHL violations, especially in non-international armed conflicts.
  • State responsibility and the role of third-party states in ensuring compliance.
  • Group exercise: Analyzing IHL violations and recommending actions for accountability.

Day 4: Contemporary Issues and Challenges in IHL

• Morning Session: Modern Warfare and New Technologies
  • The impact of asymmetric warfare on IHL: Challenges posed by guerrilla tactics, terrorism, and non-state actors.
  • The rise of drones and cyber warfare: How do these technologies fit into IHL frameworks?
  • The use of private military contractors and their legal status under IHL.
  • Case study: Drone strikes and IHL compliance in Pakistan and Yemen.
• Afternoon Session: The Challenge of Non-State Actors and Internal Conflicts
  • IHL in internal armed conflicts: The role of non-state actors and challenges of enforcement in NIACs.
  • The accountability of non-state actors under IHL: Can rebel groups be held accountable for IHL violations?
  • The role of international bodies like the United Nations Security Council in addressing violations of IHL in non-international conflicts.
  • Group discussion: The future of IHL in non-state conflicts – can IHL adapt to modern warfare?

Day 5: Strengthening IHL in Humanitarian Action

• Morning Session: Enhancing the Implementation of IHL
  • How can humanitarian organizations and states work together to improve the implementation of IHL?
  • The role of education and training in raising awareness about IHL among humanitarian actors, soldiers, and civilians.
  • Best practices for preventing IHL violations during humanitarian interventions.
  • Case study: Rwanda – The importance of IHL in the prevention of mass atrocities.
• Afternoon Session: The Future of IHL
  • Challenges of adapting IHL to modern conflict scenarios, including hybrid warfare, cyber attacks, and foreign fighters.
  • Strengthening international cooperation and legal frameworks to support IHL in the 21st century.
  • Final exercise: Developing an action plan for strengthening IHL compliance in a hypothetical conflict.
  • Closing discussion: The relevance of IHL in ensuring a humane response to future conflicts.