What is International Humanitarian Law (IHL) , and what are its core principles governing the conduct of armed conflict?

International Humanitarian Law (IHL), often referred to as the “laws of war”, is a body of international law designed to limit the suffering caused by armed conflict. It regulates how wars are fought by imposing restrictions on the means and methods of warfare and by protecting individuals who are not participating in hostilities. The modern framework of IHL was largely codified through the Geneva Conventions of 1949 and their Additional Protocols, although its ethical foundations can be traced to ancient civilisations such as Greek, Roman, Indian, and Chinese traditions that attempted to humanise warfare.IHL operates independently of the legality of starting a war. While the UN Charter governs the legality of the use of force between states (jus ad bellum), IHL regulates the conduct of hostilities once a conflict exists (jus in bello). This means that all parties in a conflict must comply with IHL rules regardless of whether their initial use of force was lawful or unlawful.The four core principles of IHL include:Distinction: Parties must distinguish between combatants and civilians and between military objectives and civilian objects.Proportionality: Attacks must not cause civilian harm that is excessive in relation to the anticipated military advantage.Military Necessity: Use of force must be necessary to achieve a legitimate military objective.Precaution: Parties must take all feasible measures to minimise civilian harm.Practical application: For example, schools, hospitals, and places of worship are generally protected under IHL as civilian objects. Attacking such locations intentionally constitutes a violation of international law unless they are being used for military purposes.Thus, IHL aims to balance military objectives with humanitarian considerations by ensuring that even during war, certain fundamental norms of humanity are respected.

Why does the UN Charter restrict the use of force by states, and what are the legal exceptions to this rule?

The United Nations Charter restricts the use of force among states in order to maintain international peace and security. After the devastation of World War II, the international community sought to create a legal framework that would prevent aggressive wars and reduce the likelihood of large-scale conflicts. As a result, the UN Charter, adopted in 1945, established strict rules governing when states may lawfully resort to military force.Article 2(4) of the UN Charter is the central provision in this framework. It prohibits states from threatening or using force against the territorial integrity or political independence of another state. This rule represents one of the most fundamental norms of international law and is intended to discourage unilateral military action.However, the Charter provides two limited exceptions:UN Security Council Authorisation: The Security Council may authorise the use of force under Chapter VII when there is a threat to international peace and security.Self-defence under Article 51: States have the inherent right to use force in response to an armed attack until the Security Council takes appropriate measures.Controversies surrounding anticipatory self-defence: Some states argue that force may also be used to prevent an imminent attack, a concept known as anticipatory self-defence. However, this interpretation remains controversial because the Charter explicitly mentions self-defence only in response to an actual armed attack.Therefore, the restrictions in the UN Charter are designed to create a rules-based international order where military force is used only in exceptional circumstances rather than as a routine instrument of foreign policy.

How do the principles of distinction, proportionality, and precaution determine the legality of military operations under International Humanitarian Law?

The legality of military operations under International Humanitarian Law depends heavily on three interrelated principles: distinction, proportionality, and precaution. These principles ensure that even during armed conflict, parties limit harm to civilians and civilian infrastructure as much as possible.The principle of distinction requires parties to differentiate between military targets and civilian objects. Combatants and military facilities may be targeted, but civilians and civilian structures such as schools, hospitals, and residential areas must be protected. If there is uncertainty about whether an object is civilian or military, international law requires that it be presumed civilian.The principle of proportionality ensures that even when attacking a legitimate military target, the anticipated civilian harm must not be excessive compared to the expected military advantage. For example, destroying a small military installation would not justify an attack likely to cause massive civilian casualties.The principle of precaution obligates military commanders to take all feasible steps to minimise civilian harm. These measures may include:Carefully verifying the targetChoosing weapons that limit collateral damageTiming attacks to reduce civilian presenceReal-world relevance: In situations where civilian facilities are located near military installations, assessing compliance with these principles becomes complex. The legality of the operation depends on whether commanders took adequate precautions and whether the resulting civilian harm was proportionate to the military objective.These principles collectively aim to preserve a degree of humanity in warfare, even when states pursue legitimate military objectives.

Critically examine the concept of anticipatory self-defence in international law.

Anticipatory self-defence refers to the use of force by a state to prevent an imminent armed attack before it actually occurs. Proponents argue that modern security threats—such as nuclear weapons, terrorism, and missile technology—require states to act pre-emptively rather than wait until an attack has already taken place.Arguments supporting anticipatory self-defence:Modern weapons can cause catastrophic damage in a single strike, leaving little opportunity for defensive response.Pre-emptive action may prevent large-scale humanitarian disasters.Some scholars refer to the Caroline Doctrine (1837), which suggested that self-defence may be justified when the necessity is “instant, overwhelming, and leaving no choice of means.”However, the concept remains controversial. Critics argue that anticipatory self-defence undermines the prohibition on the use of force under the UN Charter. If states are allowed to attack based on perceived threats, it could legitimise aggressive wars under the guise of prevention.Legal challenges in applying the doctrine:Determining whether a threat is truly imminentAssessing the intent and capability of the alleged aggressorPreventing misuse of the doctrine for political or strategic purposesTherefore, while anticipatory self-defence may appear pragmatic in certain situations, its broad acceptance could weaken the international legal order and erode the principle of collective security established after World War II.

How does international law treat attacks on civilian infrastructure such as schools and hospitals during armed conflict?

International law provides strong protections for civilian infrastructure such as schools, hospitals, and places of worship. These protections are enshrined in International Humanitarian Law, particularly under the Geneva Conventions and their Additional Protocols. The rationale is that civilians and institutions essential to civilian life must be shielded from the effects of armed conflict as much as possible.Legal protections for civilian objects: Under IHL, civilian objects cannot be deliberately targeted unless they are being used for military purposes. Schools, for example, are considered civilian objects because they serve educational and humanitarian functions. Attacks on such structures are generally prohibited.International legal frameworks reinforcing these protections:Geneva Conventions: Protect civilians and civilian infrastructure.Convention on the Rights of the Child: Requires states to ensure the protection of children during armed conflict.Rome Statute of the International Criminal Court: Defines intentional attacks on civilians or educational institutions as war crimes.Conditional loss of protection: Civilian objects may lose their protected status if they are used for military purposes. For instance, if a school is converted into a military base or weapons storage site, it may become a legitimate military target.Therefore, attacks on civilian infrastructure are subject to strict legal scrutiny, and deliberate targeting without military justification may constitute a serious violation of international law.

Using recent conflicts as a case study, discuss the role of international law in ensuring accountability during armed conflicts .

Recent conflicts illustrate both the importance and the limitations of international law in regulating warfare. While violations of international humanitarian law frequently occur, the existence of legal frameworks provides a basis for global scrutiny, condemnation, and potential accountability.Role of international legal institutions: Bodies such as the International Criminal Court (ICC), the United Nations, and international investigative mechanisms play an important role in documenting violations and prosecuting war crimes. For example, deliberate attacks on civilians or educational institutions may be prosecuted as war crimes under the Rome Statute.International law also operates through normative pressure. Even powerful states often attempt to justify their military actions using legal arguments, demonstrating the continuing relevance of international law. This process forces governments to publicly defend their actions and exposes questionable conduct to international criticism.Limitations and challenges:Enforcement mechanisms remain weak, especially when powerful states are involved.Political divisions within institutions such as the UN Security Council can block collective action.Evidence gathering in conflict zones is often difficult.Despite these challenges, international law remains essential. It establishes universally recognised standards of behaviour and provides a framework for identifying violations. Even when enforcement is imperfect, these norms help shape global expectations and support long-term accountability efforts.Thus, the value of international law lies not only in preventing violations but also in ensuring that acts of violence are subject to legal and moral scrutiny by the international community.

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Examining the Legality of U.S.-Israel Strikes on Iran

The recent U.S. and Israel airstrikes on Iran spark legal debates under international law and raise concerns over humanitarian violations.

Surya

•March 6, 2026•6 mins read

Missile strike on Iranian school sparks outrage

Recent reports of coordinated military strikes by the United States and Israel on targets in Iran have raised serious legal and humanitarian concerns. One reported missile strike allegedly hit a girls’ primary school in Minab, southern Iran, causing large-scale civilian casualties, including children. International organisations such as...

Examining the Legality of U.S.-Israel Strikes on Iran

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