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International humanitarian law (IHL) is the law that regulates the conduct of armed conflict (''jus in bello''). It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice".〔GSDRC (2013). International legal frameworks for humanitarian action: Topic guide. Birmingham, UK: GSDRC, University of Birmingham http://www.gsdrc.org/go/topic-guides/ilfha〕 It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law."〔ICRC''(What is international humanitarian law? )''〕 It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to ''protected persons'', usually meaning non-combatants. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering.〔GSDRC (2013). International legal frameworks for humanitarian action: Topic guide. Birmingham, UK: GSDRC, University of Birmingham http://www.gsdrc.org/go/topic-guides/ilfha〕 Serious violations of international humanitarian law are called war crimes. International humanitarian law, ''jus in bello'', regulates the conduct of forces when engaged in war or armed conflict. It is distinct from ''jus ad bellum'' which regulates the conduct of engaging in war or armed conflict and includes crimes against peace and of war of aggression. Together the ''jus in bello'' and ''jus ad bellum'' comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also define both the ''permissive'' rights of these powers as well as ''prohibitions'' on their conduct when dealing with irregular forces and non-signatories. International humanitarian law operates on a strict division between rules applicable in international armed conflict and internal armed conflict. This dichotomy is widely criticized. The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. While pluralist scholars conceive international human rights law as being distinct from international humanitarian law, proponents of the constitutionalist approach regard the latter as a subset of the former. In a nutshell, those who favors separate, self-contained regimes emphasize the differences in applicability; international humanitarian law applies only during armed conflict. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain groups of people including refugees (e.g., the 1951 Refugee Convention), children (the 1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva Convention). ==Two historical streams: The Law of Geneva and The Law of The Hague== Modern international humanitarian law is made up of two historical streams: # the law of The Hague, referred to in the past as the law of war proper; and # the law of Geneva, or humanitarian law.〔 pp. 16–17〕 The two streams take their names from a number of international conferences which drew up treaties relating to war and conflict, in particular the Hague Conventions of 1899 and 1907, and the Geneva Conventions, the first which was drawn up in 1863. Both are branches of ''jus in bello'', international law regarding acceptable practices while engaged in war and armed conflict.〔The Program for Humanitarian Policy and Conflict Research at Harvard University, "Brief Primer on IHL," Accessed at (IHL.ihlresearch.or )〕 The Law of The Hague, or the laws of war proper, "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm."〔() p.2〕 In particular, it concerns itself with * the definition of combatants; * establishes rules relating to the means and methods of warfare; * and examines the issue of military objectives.〔() p.40〕 (詳細は 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「International humanitarian law」の詳細全文を読む スポンサード リンク
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