
Contents
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I. Material Scope I. Material Scope
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II. Personal Scope II. Personal Scope
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III. Geographical Scope III. Geographical Scope
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IV. Temporal Scope IV. Temporal Scope
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1. Parlementaires and Protecting Powers 1. Parlementaires and Protecting Powers
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2. Ceasefire and Armistice 2. Ceasefire and Armistice
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3. Capitulation 3. Capitulation
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4. Conclusion of Peace 4. Conclusion of Peace
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V. Relevance of Other Fields of International Law V. Relevance of Other Fields of International Law
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1. Peacetime Rules 1. Peacetime Rules
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2. Human Rights 2. Human Rights
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3. International Criminal Law 3. International Criminal Law
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VI. Relevance of International Humanitarian Law in Peacetime and Post-Conflict Military Operations VI. Relevance of International Humanitarian Law in Peacetime and Post-Conflict Military Operations
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2 Scope of Application of International Humanitarian Law
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Published:August 2013
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Material Scope
International humanitarian law regulates, and as a rule applies in times of, armed conflict.
1. International humanitarian law regulates, and as a rule1 applies in times of, armed conflicts. Accordingly, it is also referred to as the law of armed conflict or jus in bello. The three interchangeable terms denote the only branch of public international law that is specifically intended to preserve humanitarian values during armed conflicts by protecting those who do not or no longer directly participate in hostilities and by limiting the right of parties to the conflict to use armed force only to the amount necessary to achieve the aim of the conflict, which is to weaken the military potential of the enemy. International humanitarian law is not concerned with the legality of the armed conflict (see also below Section 206). Instead, it reflects the reality of organized armed violence, unleashed by states or by organized armed groups, and regulates what parties to an armed conflict may or may not do in the course of an armed conflict. International humanitarian law rests upon a balance between humanitarian concerns and considerations of military necessity. Each and every rule of this branch of law reflects that balance. As a branch of public international law, it is primarily states that determine how the balance between humanitarian concerns and considerations of military necessity is struck. That determination is articulated in the course of the lawmaking process. Thus, when negotiating international conventional humanitarian law, in the course of customary law formation through state practice and opinio juris, through the development of general principles of international humanitarian, and by virtue of other legally binding sources (such as unilateral declarations and binding resolutions of international organizations), states identify what they consider to be the acceptable balance between humanitarian concerns and considerations of military necessity. Naturally, such a state-centric lawmaking process does not take place in isolation, but is informed by non-state constituents, such as humanitarian and civil society organizations, not the least the International Committee of the Red Cross (ICRC) with its express mandate to promote and act as guardian of international humanitarian law.
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