There are rules even in war times: Laws against war crimes

BY STANLEY ALIEKE

Russia invaded Ukraine and Ukraine with their allies, NATO and USA, could probably retaliate by invading Russia and when this happens, it will definitely lead to the break out of another war.

It should be noted that during war times everything or anything doesn’t go. Even while countries are at war, they are mandated to conduct such war in line with the rules and principles of the international humanitarian law (IHL) and if they do not, they will be tried and sanctioned for committing war crimes. The IHL rules apply to international armed conflicts alone.

The international humanitarian law (IHL), which is also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). It stands as a branch of international law to limit the effects and the aftermath of armed conflict by protecting persons who are not participating or who are not parties in the hostilities i.e. the civilians (hors de combat; outside of combat) and by also restricting and regulating the means and methods of warfare available to combatants.

The IHL does not care about who started the war or the reasons for the war or the justifications for the war, what the IHL cares about is the regulation of the war and that rules must be followed during the wartime and anything done outside the rules of the IHL will be regarded as a war crime. These rules are to protect both the civilians and the combatants and to reduce collateral damages to their barest minimum.

There are six basic rules of the IHL that apply to international armed conflict; these include the four 1949 Geneva Conventions, the 1977 Additional Protocol I, and the rule of customary international humanitarian law.

These six basic rules of the IHL to be obeyed in war times include:

1. Attacks should be made solely against military objectives. This means that soldiers/combatants are only permitted to attack military objectives and not permitted to attack civilian objectives. Therefore, it amounts to war crime when civilian objectives are targeted and attacked during a war. A place marked out for civilian dwelling and residences like civilian concentration camps, estates, refugee camps, places of worship, schools, etc are prohibited to be attacked. People who do not or can no longer take part in the hostilities are entitled to respect for their lives and should be allowed to live.
2. It is forbidden and constitutes a war crime to kill or wound an adversary (a combatant or a soldier) who surrenders or who can no longer take part in the fighting due to sickness or ill-health. When a soldier surrenders or is wounded to the extent that he can no longer partake in the war, he is to be treated like a civilian. It constitutes a war crime when a soldier shoots or orders another soldier who has surrendered or who is not armed to be shot. A wounded soldier is not to be maltreated or taken as hostage, he is to be given all necessary care for the time being.
3. There are weapons that are highly forbidden to be used by soldiers during war times. You are not allowed to use a weapon that kills slowly or causes a painful death. Neither the parties to the conflict nor members of their armed forces have an unlimited right to choose methods and means of warfare. It is forbidden to use weapons or methods of warfare that are likely to cause unnecessary losses or excessive suffering to combatants.
4. When a country is invaded, the wounded and the sick should be collected and treated by the country that invaded them. When the sick and wounded are left to die or untreated, it constitutes a war crime. Medical personnel and medical establishments, transports, and equipment must be spared during war times to care for the sick and the wounded.
5. The Red Cross or red crescent on a white background is the distinctive sign indicating that such persons and objects must be respected. It is a war crime to target or attack a Red Cross member or their facilities or other related medical personnel during war times because they are the ones that collect and care for the wounded and the sick; both wounded combatants and civilians.
6. Captured combatants and civilians must be protected against all acts of violence. Those who find themselves under the authority of the adverse party are entitled to respect for their lives, their dignity, their personal rights, and their political, religious, and other convictions. They must enjoy basic judicial guarantees

Although there are rules, basics rules of international armed conflicts but the applicability and the enforceability of these rules has always been the problem and this will definitely be the story for another day but the take-home for today is that there are rules that regulate war times and warring parties are to conduct their activities in accordance with the IHL rules if not they will be said to have committed war crimes.

Alieke, lead counsel at STAC Law, can be reached via [email protected]