Guidance

The UK and international humanitarian law

Updated 4 April 2024

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International humanitarian law (IHL) is the body of rules which, in armed conflict, protects persons who are not, or who are no longer, participating in the hostilities, and which limits the methods and means of warfare.

Sources of law

The 2 main sources of IHL are treaties (international agreements concluded between states in written form) and customary international law (general practice accepted as law).

Relevant treaties

The 4 Geneva Conventions of 1949 and their 2 1977 Additional Protocols are considered to be the bedrock treaties of IHL. Other relevant treaties include the:

  • Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 (and Protocols)
  • Biological Weapons Convention 1972
  • Convention prohibiting Certain Conventional Weapons 1980 (and Protocols)
  • Chemical Weapons Convention 1993
  • Anti-Personnel Landmines Convention 1997
  • Rome Statute of the International Criminal Court 1998
  • Additional Protocol III 2005, Cluster Munitions Convention 2008 and Arms Trade Treaty 2013

Basic principles

There are 4 basic principles governing hostilities:

  • distinction: there must be a clear distinction between the armed forces and civilians, and between objects that might legitimately be attacked and those that are protected from attack

  • military necessity: a party to an armed conflict may use only that degree and kind of force, not otherwise prohibited by the law of armed conflict, that is required to achieve the legitimate purpose of the conflict, namely the complete or partial submission of the enemy at the earliest possible moment with the minimum expenditure of resources

  • humanity: humanity forbids the infliction of suffering, injury, or destruction not actually necessary for the accomplishment of legitimate military purposes

  • proportionality: the losses resulting from a military action should not be excessive in relation to the expected military advantage

Institutions

There are a number of different institutions that play a role in IHL, both at domestic level and at international level. See below for a short description of some of those institutions:

  • The British Armed Forces are made up of the Royal Navy, British Army and Royal Air Force

  • The Foreign, Commonwealth & Development Office (FCDO) is a ministerial department that pursues the UK’s national interests and projects the UK as a force for good in the world

  • The Ministry of Defence (MOD) is a ministerial department that protects the security, independence and interests of the United Kingdom at home and abroad

  • The Attorney General’s Office (AGO) is a ministerial department that provides legal advice and support to the Attorney General and the Solicitor General (the Law Officers) who give legal advice to government

  • The British Red Cross (BRC) is part of a global voluntary network that responds to conflicts, natural disasters and individual emergencies. It has an officially recognised status and role as an auxiliary to HMG in the humanitarian field, and it has a special responsibility and role in the promotion, implementation and development of international humanitarian law

  • The United Kingdom National Committee on International Humanitarian Law (formally, the Interdepartmental Committee on International Humanitarian Law) is an interdepartmental body whose membership includes the FCDO, MOD, AGO and BRC. Its role is, inter alia, to ensure full implementation of IHL obligations and encourage dissemination of IHL. It meets annually and is attended by officials to reflect the dual policy and legal aspects of the Committee’s work

  • The International Committee of the Red Cross (ICRC) is an independent, neutral organisation ensuring humanitarian protection and assistance for victims of armed conflict and internal strife. It promotes respect for IHL and its implementation in national law

  • The International Federation of Red Cross and Red Crescent Societies (IFRC) comprises 190 member National Red Cross and Red Crescent Societies, a secretariat in Geneva and more than 60 delegations strategically located to support activities around the world. It is the official representative of the member Societies in the international field

Useful resources

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