This paper seeks to provide an outline of the principle of distinction as understood in the context of international humanitarian law. It looks at the applicability of the rule of distinction to international armed conflicts as well as non-international armed conflicts. It will demonstrate that the genesis of the principle of distinction can be traced to the rules of customary international law. It will also highlight the fact that South Africa is a party to the relevant international Conventions and declarations related to the principle of distinction.
South Africa is a party to 1949 Geneva Conventions and their Additional Protocols. South Africa ratified the 1949 Geneva Conventions on 31 March 1952, and their 1977 Additional Protocols on 21 November 1995. South Africa has adopted the Implementation of the Geneva Conventions Act, Act 8 of 2012.
Inhaltsverzeichnis (Table of Contents)
- Prelude
- South Africa and the Conventions on international humanitarian law
- The principle of distinction
- Civilian population
- A combatant
- Civilians and combatants in international armed conflicts
- Civilians and fighters in non-international conflicts
- Specifically protected persons and objects
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to provide a comprehensive outline of the principle of distinction within the framework of international humanitarian law. It explores the application of this principle in both international and non-international armed conflicts, tracing its origins to customary international law and highlighting South Africa's adherence to relevant conventions and declarations.
- The principle of distinction as a fundamental notion in international humanitarian law
- The application of the principle in international and non-international armed conflicts
- The legal framework governing the use of force in armed conflicts
- The protection of civilians and civilian objects during armed conflict
- The distinction between civilians and combatants/fighters in international and non-international conflicts
Zusammenfassung der Kapitel (Chapter Summaries)
- Prelude: This section introduces the principle of distinction and its relevance to international humanitarian law. It emphasizes the customary international law roots of this principle and South Africa's commitment to related conventions.
- South Africa and the Conventions on international humanitarian law: This section examines South Africa's participation in the 1949 Geneva Conventions and their Additional Protocols, as well as the 1907 Hague Convention. It highlights the country's incorporation of these conventions into its domestic legal system.
- The principle of distinction: This section defines the principle of distinction, outlining its importance in governing the legal use of force during armed conflict. It emphasizes the protection of civilians and civilian objects from attacks.
- Civilian population: This section defines the term "civilian" in the context of international armed conflict, referencing the relevant provisions of the Additional Protocol I. It addresses the concept of "levée en masse" and clarifies the protection afforded to civilians in both international and non-international conflicts.
- A combatant: This section defines the term "combatant," differentiating it from religious and medical personnel. It highlights the importance of respecting and protecting these specially protected individuals.
- Civilians and combatants in international armed conflicts: This section reiterates the distinction between civilians and combatants in international armed conflicts, underscoring the prohibition against indiscriminate attacks.
- Civilians and fighters in non-international conflicts: This section examines the distinction between civilians and fighters in non-international armed conflicts. It highlights the protection afforded to fighters under the Geneva Conventions and its Additional Protocol II.
- Specifically protected persons and objects: This section focuses on the protection of medical personnel performing medical duties in the context of armed conflict.
Schlüsselwörter (Keywords)
The paper explores key concepts such as international humanitarian law, the principle of distinction, civilian population, combatants, fighters, military objectives, civilian objects, indiscriminate attacks, proportionality, and the Geneva Conventions. It further examines South Africa's legal framework regarding the implementation of these principles and conventions.
- Quote paper
- Dr. Milton Owuor (Author), 2022, The principle of distinction in international humanitarian law and South Africa, Munich, GRIN Verlag, https://www.grin.com/document/1244986
