GROUP G

REGULAR CLASS
Presentation on Session 2 (DEVELOPMENT, SOURCES AND SCOPE OF IHL)
*Each group member made an oral presentation on the above Topic of discussion.

1. Tonny Kaunda G34/3892/2021

2. Britney Nyangasi G34/3869/2021
3. Eric Mwita Nyanseme G34/3894/2021
4. Royfas Ochieng. G34/3870/2021
5. Onyango Felix Omondi. G34/3905/2021
6. Opar Davis Lucas G34/3893/ 2021
7. Patience Karega Ndwiga G34/3779/2021
8. Abigail Moraa Mokua G34/3840/2021
9. Mary Nikita. G34/3778/2021
10. Sammy Enock G34/3845/2021
11. Godwin Titus Owiti G34/2648/2021

IHL
TERM PAPER
Date: 2, NOVEMBER 2022

Qn: Discuss the scope and extent of the Geneva Conventions by explaining the relevance
of each convention in the study of IHL.
HISTORY AND DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW
International humanitarian law is a set of rules which seek, for humanitarian reasons,
to limit the effects of armed conflict. It protects persons who are not or are no longer
participating in the hostilities and restricts he means and methods of warfare.1 In other words,
it is a branch of public International Law that seeks to moderate the conduct of armed conflict
and to mitigate the suffering that it causes. It was initially referred to as “The Law of war”
then to “The law of Armed Conflict” which contingently developed to International
Humanitarian Law.
International humanitarian law covers two areas:
⮚ the protection of those who are not, or no longer, taking part in fighting;
⮚ restrictions on the means of warfare – in particular weapons – and the methods
of warfare, such as military tactics.
International humanitarian law protects those who do not take part in the fighting, such as
civilians and medical and religious military personnel. It also protects those who have ceased
to take part, such as wounded, shipwrecked and sick combatants, and prisoners of war.2
These categories of person are entitled to respect for their lives and for their physical and
mental integrity. They also enjoy legal guarantees. They must be protected and treated
humanely in all circumstances, with no adverse distinction.
Generally, IHL is designed for methods and means that are kinetic in nature. (it applies to
armed conflicts)

THE SCOPE AND EXTENT OF GENEVA CONVENTIONS

After Franco Austrian war and the American Civil War, Francis Lieber was tasked with
writing down the rules of law which could be applied in times of warfare. This resulted to the
1864 Geneva Convention. In 1949, an international conference of diplomats built on the
earlier treaties for the protection of war victims, revising and updating them into four new
conventions.
The Geneva Conventions apply in all cases of declared war, or in any other armed conflict
between nations. They also apply in cases where a nation is partially or totally occupied by
soldiers of another nation, even when there is no armed resistance to that occupation.
Nations that ratify the Geneva Conventions must abide by certain humanitarian principles and
impose legal and penal sanctions against those who violate them.

1 ICRC Advisory Service on International Humanitarian Law 07/2004.

2 Ibd (1)

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The First Geneva Convention.
The First Geneva Convention protects soldiers who are hors de combat (out of the battle).
The 10 articles of the original 1864 version of the Convention have been expanded in the
First Geneva Convention of 1949 to 64 articles that protect the following:
• Wounded and sick soldiers
• Medical personnel, facilities and equipment
• Wounded and sick civilian support personnel accompanying the armed forces
• Military chaplains
• Civilians who spontaneously take up arms to repel an invasion
Article 9: recognizes the right of the ICRC to assist the wounded and sick. Red Cross and
Red Crescent national societies, other authorized impartial relief organizations and neutral
governments may also provide humanitarian service.
Local civilians may also be asked to care for the wounded and sick.
Article 12: The wounded and sick shall be respected and protected without discrimination on
the basis of sex, race, nationality, religion, political beliefs or other criteria. They shall not be
murdered, exterminated or subjected to torture or biological experiments.
Article 15: The wounded and sick shall receive adequate care and shall be protected against
pillage and ill treatment.
Articles 15-16: All parties in a conflict must search for and collect the wounded and sick,
especially after battle, and provide the information concerning them to the Central Tracing
and Protection Agency of the International Committee of the Red Cross (ICRC)
Relevance;

This convention ensures that all casualties and survivors are safely taken care of after the
battle therefore, making attempts to mitigate effects of a warfare.
Second Geneva convention
Adapting to the first Geneva Convention the second Geneva Convention's protections custom
to reflect circumstances at sea. It safeguards the injured and ill combat when aboard a ship.
The 63 articles in it apply to the following;
• Medical professionals and hospital ships
• Supporting civilians for the armed forces
. wounded armed forces members.
Arts. 12, 18: This Convention requires that all reasonable efforts be made by the combatants
to locate, rescue, and treat the sick, injured, and shipwrecked.
Any person who is adrift for any reason, including those who are forced to land at sea or who
parachute from broken airplanes, is referred to as being "shipwrecked."

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Art. 14: A warship can imprison the injured, ill, and shipwrecked as prisoners of war, if they
can be relocated safely and the warship has the resources to care for them. However, it cannot
capture the medical staff from a hospital ship.
Art. 21: Requests for assistance in gathering and providing treatment for the injured, ill, and
shipwrecked may be made to neutral ships, including commerce ships and yachts. Those who
consent to assist are immune to captivity so long as they maintain their neutrality.
Art. 22: Hospital ships are prohibited from serving any military function. They are immune
to attack and capture. All sides to the war must be informed on the names and specifications
of the hospital ships.
Arts. 36-37: Personnel acting as chaplains, doctors, and hospital staff on battle ships must be
respected and safeguarded. They are to be returned as soon as possible to their side if they are
captured.
Relevance
It ensures that the shipwrecked prisoners of war are relocated safely and taken care of.
Third Geneva Convention
Specific guidelines for the treatment of prisoners of war are outlined in the Third Geneva
Convention (POWs). The 143 provisions of the Convention mandate that POWs be treated
humanely, given proper housing, food, clothes, and medical attention. Additionally, it lays
down rules for work, discipline, fun, and criminal proceedings.3
Note that the following may be considered prisoners of war:
⮚ members of armed forces
⮚ voluntary militia
⮚ civilians accompanying armed forces

Art 13-14, 16
Prisoners of war must be shielded from acts of violence, insults, and public curiosity. They
must also not be subjected to medical experimentation or torture.
According to Article 17, POWs are only required to give their captors their name, rank,
birthdate, and military service number.
Female POWs must be treated with the respect owed to their sex, according to Article 23.
Arts. 25-27, 30: Retaliation or discrimination on the basis of race, nationality, religion,
political convictions, or any other factor is not permitted by captors.
Arts. 50, 54: POWs need to live in sanitary, sufficient housing and get the food, clothing, and
medical attention they need to stay healthy. They cannot be utilized to "shield" areas from
military operations or held in open-air fighting zones where they could be shot at.
They might be obliged to labour in non-military occupations for a fair wage in suitable
working conditions.

3 www.redcross.org/ihl//> accessed on 2/11/2022.

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Arts. 70-72, 123: Names of prisoners of war must be forwarded right away to the ICRC's
Central Tracing Agency. POWs will be permitted to communicate with their relatives and get
aid.
Arts. 82, 84: Prisoners can be tried in their captors' tribunals and are subject to the laws of
their captors. The assailant is responsible for ensuring the prisoner's fairness, impartiality, and
qualified representation.
Seriously ill POWs must be repatriated, per Articles 109 and 110. (returned home).
Art. 118: All POWs must be freed after the war is over and, upon request, immediately sent
home.
Relevance:
International Humanitarian Law acknowledges that during a warfare, it is normal to have
captives. On the same token, there are rules that have been placed in this convention that
makes sure the prisoners of war are not subjected to any forms of torture or mistreatment. It
also provides that they are set free when the war seizes. It basically ensures humane treatment
of the people during war.
Fourth Geneva Convention.
This Convention has 159 articles, which generally protects civilians in areas of armed conflict
and occupied territories.4
Civilians are to be protected from murder, torture or brutality, and from discrimination on the
basis of race, nationality, religion or political opinion.
Hospital and safety zones may be established for the wounded, sick, and aged, children under
15, expectant mothers and mothers of children under seven.
Medical supplies and objects used for religious worship are to be activities.
Relevance:
The fourth Geneva Convention guarantees protection of civilians in areas of armed conflict
and occupied territories from murder torture or brutality and from nationality religion or
political opinion. Moreover the Convention provides for the care of children who are
orphaned or separated from their families as a result of war. Article 85 alludes that the
occupying powers are to provide food and medical supplies as necessary to the population
and maintain medical and public health facilities.

Protocols Additional to the Geneva Conventions of 12 August 1949, and relating to The
Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977
Additional protocol II if 1977: This protocol shall not apply in situations of internal
disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts
of a similar nature, as not being armed conflicts.

4 Summary of the Geneva Conventions of 1949 and their Additional protocols.(IHL) April 2011.

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Article 1 – General principles and scope of application
1. The High Contracting Parties undertake to respect and to ensure respect for this
Protocol in all circumstances.
2. In cases not covered by this Protocol or by other international agreements, civilians
and combatants remain under the protection and authority of the principles of
International law derived from established custom, from the principles of humanity
and from the dictates of public conscience.

3. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for
The protection of war victims, shall apply in the situations referred to in Article 2.

4. The situations referred to in the preceding paragraph include armed conflicts in which
peoples are fighting against colonial domination and alien occupation and against
racist regimes in the exercise of their right of self-determination, as enshrined in the
Charter of the United Nations and the Declaration on Principles of International Law
Concerning Friendly Relations and Co-operation among States in accordance with the
Charter of the United Nations.

Article 4 – Legal status of the Parties to the conflict

The application of the Conventions and of this Protocol, as well as the conclusion of the
agreements provided for therein, shall not affect the legal status of the Parties to the conflict.
Neither the occupation of a territory nor the application of the Conventions and this Protocol
shall affect the legal status of the territory in question.

Article 10 – Protection and care

1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be
respected and protected.
2. In all circumstances they shall be treated humanely and shall receive, to the fullest
extent practicable and with the least possible delay, the medical care and attention
required by their condition. There shall be no distinction among them founded on any
grounds other than medical ones.

Article 11 – Protection of persons

1. The physical or mental health and integrity of persons who are in the power of the
adverse Party or who are interned, detained or otherwise deprived of liberty as a result
of a situation referred to in Article 1 shall not be endangered by any unjustified act or
omission. Accordingly, it is prohibited to subject the persons described in this Article
to any medical procedure which is not indicated by the state of health of the person
concerned and which is not consistent with generally accepted medical standards

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 which would be applied under similar medical circumstances to persons who are
nationals of the party conducting the procedure and who are in no way deprived of
liberty
2. It is, in particular, prohibited to carry out on such persons, even with their consent:

(a) Physical mutilations;

(b) Medical or scientific experiments;
(c) Removal of tissue or organs for transplantation, except where these acts are
justified in

3. Exceptions to the prohibition in paragraph 2 (c) may be made only in the case of
donations of blood for transfusion or of skin for grafting, provided that they are given
voluntarily and without any coercion or inducement, and then only for therapeutic purposes,
under conditions consistent with generally accepted medical standards and controls designed
for the benefit of both the donor and the recipient.
4. Any wilful act or omission which seriously endangers the physical or mental health or
integrity of any person who is in the power of a Party other than the one on which he
depends and which either violates any of the prohibitions in paragraphs 1 and 2 or
fails to comply with the requirements of paragraph 3 shall be a grave breach of this
Protocol.
5. The persons described in paragraph 1 have the right to refuse any surgical operation.
In case of refusal, medical personnel shall endeavour to obtain a written statement to that
effect, signed or acknowledged by the patient.
6. Each Party to the conflict shall keep a medical record for every donation of blood for
transfusion or skin for grafting by persons referred to in paragraph 1, if that donation
is made under the responsibility of that Party. In addition, each Party to the conflict
shall endeavour to keep a record of all medical procedures undertaken with respect to
any person who is interned, detained or otherwise deprived of liberty as a result of a
situation referred to in Article 1. These records shall be available at all times for
inspection by the protecting Power.

Article 51 – Protection of the civilian population

1. The civilian population and individual civilians shall enjoy general protection against
dangers arising from military operations. To give effect to this protection, the
following rules, which are additional to other applicable rules of international law,
shall be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the object
of attack. Acts or threats of violence the primary purpose of which is to spread terror
among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Section, unless and for such time
as they take a direct part in hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) Those which are not directed at a specific military objective;

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 (b) Those which employ a method or means of combat which cannot be directed
at a specific military objective; or
(c) Those which employ a method or means of combat 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.
5. Among others, the following types of attacks are to be considered as indiscriminate:
(a) An attack by bombardment by any methods or means which treats 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; and
(b) An attack which may be expected to cause incidental loss of civilian life,
injury to civilians, damage to civilian objects, or a combination thereof, which
would be excessive in relation to the concrete and direct military advantage
anticipated.
6. Attacks against the civilian population or civilians by way of reprisals are prohibited.
7. The presence or movements of the civilian population or individual civilians shall not
be used to render certain points or areas immune from military operations, in
particular in attempts to shield military objectives from attacks or to shield, favour or
impede military operations. The Parties to the conflict shall not direct the movement
of the civilian population or individual civilians in order to attempt to shield military
objectives from attacks or to shield military operations.
8. Any violation of these prohibitions shall not release the Parties to the conflict from
their legal obligations with respect to the civilian population and civilians, including
the obligation to take the precautionary measures provided for in Article 57.

Article 54 – Protection of objects indispensable to the survival of the civilian Population

1. Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless objects indispensable to
the survival of the civilian population, such as foodstuffs, agricultural areas for the
production of foodstuffs, 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 to the adverse Party, whatever the motive, whether in order to starve
out civilians, to cause them to move away, or for any other motive.
3. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it
and are used by an adverse Party:
(a) As sustenance solely for the members of its armed forces; or
(b) If not as sustenance, then in direct support of military action, provided,
however,

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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.
4. These objects shall not be made the object of reprisals.
5. In recognition of the vital requirements of any Party to the conflict in the defence of
Its national territory against invasion, derogation from the prohibitions contained in
paragraph 2 may be made by a Party to the conflict within such territory under its own
control where required by imperative military necessity.

Article 57 – Precautions in attack

1. In the conduct of military operations, constant care shall be taken to spare the civilian
population, civilians and civilian objects.
2. With respect to attacks, the following precautions shall be taken:
(a) Those who plan or decide upon an attack shall:

(i) Do everything feasible to verify that the objectives to be attacked are neither civilians
nor civilian objects and are not subject to special protection but are military
objectives.
(ii) Take all feasible precautions in the choice of means and methods of attack with a view to
avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians
and damage to civilian objects;
(iii) refrain from deciding to launch any attack which may be expected to cause incidental
loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct military advantage
anticipated;
(b) 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
objects, or a combination thereof, which would be excessive in relation to the concrete and
direct military advantage anticipated;
(c) Effective advance warning shall be given of attacks which may affect the
civilian population, unless circumstances do not permit.
3. When a choice is possible between several military 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.
4. In the conduct of military operations at sea or in the air, each Party to the conflict
shall, in conformity with its rights and duties under the rules of international law
applicable in armed conflict, take all reasonable precautions to avoid losses of civilian
lives and damage to civilian objects.
5. No provision of this Article may be construed as authorizing any attacks against the
civilian population, civilians or civilian objects.

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Article 63 – Civil defence in occupied territories
1. In occupied territories, civilian civil defence organizations shall receive from the
authorities the facilities necessary for the performance of their tasks. In no
circumstances shall their personnel be compelled to perform activities which would
interfere with the proper performance of these tasks. The Occupying Power shall not
change the structure or personnel of such organizations in any way which might
jeopardize the efficient performance of their mission. These organizations shall not be
required to give priority to the nationals or interests of that Power.
2. The Occupying Power shall not compel, coerce or induce civilian civil defence
organizations to perform their tasks in any manner prejudicial to the interests of the
civilian population.
3. The Occupying Power may disarm civil defence personnel for reasons of security.
4. The Occupying Power shall neither divert from their proper use nor requisition
buildings or material belonging to or used by civil defence organizations if such
diversion or requisition would be harmful to the civilian population.
5. Provided that the general rule in paragraph 4 continues to be observed, the occupying
Power may requisition or divert these resources, subject to the following particular
conditions:
(a) That the buildings or materials are necessary for other needs of the civilian
population; and
(b) That the requisition or diversion continues only while such necessity exists.
6. The Occupying Power shall neither divert nor requisition shelters provided for the use
of the civilian population or needed by such population.

Article 69 – Basic needs in occupied territories

1. In addition to the duties specified in Article 55 of the Fourth Convention
concerning food and medical supplies, the Occupying Power shall, to the
fullest extent of the means available to it and without any adverse distinction,
also ensure the provision of clothing, bedding, means of shelter, other supplies
essential to the survival of the civilian population of the occupied territory and
objects necessary for religious worship.5

CASE LAWS.
Loizidou v Turkey

Facts
5 Protocol I, Additional to the Geneva Convention of 12 August 1949, and relating to The Protection of Victims
of International Armed Conflicts (Protocol I), 8 June 1977
http://www.icrc.org/IHL.nsf/WebList?ReadForm&id=470&t=art

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before the Turkish takeover, Mrs. Loizidou resided in northern Cyprus and owned property
there. She filed a lawsuit against Turkey, claiming that despite the legal restrictions imposed
by the new Republic's constitution, she was still the property's legitimate owner. She alleged
that Turkish forces had prohibited and were still preventing her from going back to northern
Cyprus and enjoying her property freely. She claimed that both Article 8 of the Convention
and Article 1 of Protocol No. 1 had been broken.

Refugees should freely enjoy fundamental rights and freedoms thus, the convention protects
their rights. The courts ruled that all refugees, including Titina Loizidou, have the right to go
back to their original homes. Since the complaint was determined to be about more than just
freedom of movement, Article 1 of Protocol No. 1 of the convention was ruled to be
applicable. She had no control over, and no chance to use or appreciate, her land because she
had been denied access since 1974. According to the European Convention on Human Rights'
Article I of Protocol I, Turkey had infringed Loizidou's human rights and had to make
restitution to her as well as grant her access to her home.

The Court determined that it could not declare the Turkish Republic of Northern Cyprus's
(1985) Constitution in which (Article 159) which provided for expropriation of property
abandoned by refugees to be legally valid because Nothern Cyprus was regarded by the
international community as an illegal regime. The pettitioner thus, did not lose her land in
accordance with that Constitution.

SUMMARY.
❖ International humanitarian law is a set of rules which seek, for humanitarian reasons,
to limit the effects of armed conflict. The Geneva Conventions apply in all cases of
declared war, or in any other armed conflict between nations. The laws specifically
applies in cases of armed conflicts.

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BIBLIOGRAPHY
1. ICRCisory Service on International Humanitarian Law 07/2004.
This is an article explaining the meaning of International Humanitarian Law, It’s scope and
role played at the International perspective;-
● the protection of those who are not, or no longer, taking part in fighting;
● restrictions on the means of warfare – in particular weapons – and the methods of
warfare, such as military tactics.
2. Summary of the Geneva Conventions of 1949 and their Additional protocols.(IHL)
April 2011.
3. Protocol I, Additional to the Geneva Convention of 12 August 1949, and relating to
The Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977
http://www.icrc.org/IHL.nsf/WebList?ReadForm&id=470&t=art (The Treaties, States Parties
and Commentaries database includes the text of IHL treaties and related documents and lists
the States that have signed and/or ratified or acceded to the treaties, with any reservations or
declarations. It also contains the ICRC Commentaries to the four 1949 Geneva Conventions

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and their Additional Protocols, including the updated Commentaries as they become
available)

NB: The focus was on the introduction to International Humanitarian Law and we
generalized our topics on the treaties and additional protocols of the Geneva Conventions.

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