Online Learning Series on Humanitarian Law and Policy: The language and logic of IHL: Common misconceptions, use, and misuse
As the set of norms primarily meant to apply during armed conflicts, international humanitarian law (IHL) – also known as the law of armed conflict – is a key framework for everyone operating in such situations, even those whose work is not to deal with legal issues.
Unsurprisingly, then, a wide range of terms, such as "indiscriminate and disproportionate attack," "military objective," "civilians," and "military necessity," commonly used by humanitarian practitioners and others working in armed conflict situations, actually carry very specific legal meaning under IHL. However, when outside a formal legal setting, those words may be used for different purposes by multiple actors, leading to odd and potentially damaging distortions, such as when speaking of "innocent civilians."
Of course, not all actors have a mandate to refer to and apply IHL norms. And depending on the specific context, it is not even necessarily always advisable to use clear legal terms if they might undermine a negotiating position. However, be it deliberate or unintentional, the misuse of the language of IHL is widespread, and this can potentially undermine the effectiveness of its protective norms.
Much of the misuse of IHL terms seems to stem from a misunderstanding of the core logic of this set of norms, which can be puzzling and uncomfortable for many actors, and rightly so. In strict IHL terms, under certain conditions, a child can be a lawful target of attack and a hospital can also lose its protected status.
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The event targets legal practitioners as well as humanitarian practitioners in the PHAP membership seeking a more advanced understanding of laws and policies related to or affecting humanitarian assistance and protection in armed conflict. The event is also open to the public.
Humanitarian Law and Policy Course Director, PHAP
Executive Director, PHAP
PHAP Credentialing Program
International Legal Frameworks for Humanitarian Action
The event addresses some aspects of segment 3.2 of the certification assessment outline.