Definition of International Humanitarian Law (IHL)

International Humanitarian Law (IHL) is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It is a part of international law that regulates the conduct of hostilities (jus in bello) and aims to protect persons who are not participating or who have ceased to participate in hostilities, as well as to restrict the means and methods of warfare.

IHL is distinct from, but related to, other branches of international law such as international human rights law and international criminal law. While human rights law applies at all times (in peace and during armed conflict), IHL applies specifically during armed conflict. International criminal law holds individuals criminally responsible for serious violations of IHL.

Also known as the Law of Armed Conflict

International Humanitarian Law is also widely known as the Law of Armed Conflict (LOAC) or the laws of war. These terms are often used interchangeably and refer to the same body of international law governing the conduct of parties engaged in armed conflict. The term "International Humanitarian Law" is often preferred as it better highlights the humanitarian purpose underlying these rules – the protection of individuals during war – rather than solely focusing on the legality of engaging in conflict (jus ad bellum), which is regulated by other parts of international law (primarily the UN Charter's prohibition on the use of force, except in self-defence or with Security Council authorisation).

Purpose: to limit effects of armed conflict

The primary purpose of IHL is strictly humanitarian: to limit the suffering caused by armed conflict. It does this by seeking to strike a balance between two competing considerations during wartime: the needs of military necessity and the demands of humanity.

Key objectives derived from this overarching purpose include:

• Protecting persons not participating or no longer participating in hostilities: This includes civilians, wounded and sick soldiers, shipwrecked members of armed forces at sea, and prisoners of war. IHL provides specific protections and rights for these categories of persons.
• Regulating the means and methods of warfare: This involves placing restrictions on the types of weapons that may be used (e.g., prohibiting poison gas, blinding laser weapons, indiscriminate weapons like anti-personnel mines in many contexts) and how military operations are conducted (e.g., prohibiting direct attacks on civilians or civilian objects, requiring distinction between combatants and civilians).
• Ensuring humane treatment: Requiring parties to a conflict to treat protected persons humanely, without discrimination.
• Facilitating humanitarian assistance: Ensuring safe access for impartial humanitarian organisations (like the International Committee of the Red Cross - ICRC) to assist victims of conflict.
• Establishing individual criminal responsibility: Defining serious violations of IHL as war crimes and holding individuals accountable for committing them.

In essence, IHL does not determine whether a state is justified in resorting to force (that is jus ad bellum), but rather dictates how hostilities must be conducted once an armed conflict is underway (jus in bello), regardless of who started the conflict or the perceived justice of their cause.

Sources of IHL

Like other branches of international law, IHL is primarily derived from treaties and customary international law. These sources complement each other to form the legal framework governing armed conflict.

Geneva Conventions of 1949 and their Additional Protocols

The four Geneva Conventions of 12 August 1949 are the cornerstone of contemporary International Humanitarian Law. They are among the most widely ratified treaties in the world, demonstrating near universal acceptance of their fundamental principles. India is a party to these Conventions. Each Convention deals with a specific category of protected persons:

1. First Geneva Convention: Protects wounded and sick members of armed forces in the field.
2. Second Geneva Convention: Protects wounded, sick, and shipwrecked members of armed forces at sea.
3. Third Geneva Convention: Protects prisoners of war (POWs). It sets out detailed rules regarding their capture, treatment, conditions of detention, and repatriation.
4. Fourth Geneva Convention: Protects civilians in time of war, including those in occupied territories. It prohibits acts like torture, collective punishment, deportation, and taking of hostages, and sets out rights and obligations for both the occupying power and the protected population.

Common Article 3, which is identical in all four Conventions, provides basic humanitarian rules applicable to non-international armed conflicts (internal conflicts) occurring within the territory of a High Contracting Party. This was a significant development, extending some IHL protections to civil wars.

The 1949 Conventions have been supplemented by three Additional Protocols:

• Protocol I (1977): Relates to the protection of victims of international armed conflicts. It strengthens the protection of civilians and combatants and addresses issues like the conduct of hostilities, definition of combatants, and treatment of prisoners of war. India is not a party to Protocol I.
• Protocol II (1977): Relates to the protection of victims of non-international armed conflicts. It expands and develops the basic rules provided in Common Article 3 for civil wars. India is a party to Protocol II.
• Protocol III (2005): Authorises the use of a new emblem, the Red Crystal, in addition to the Red Cross and Red Crescent. India is a party to Protocol III.

These conventions and protocols provide detailed legal rules for the conduct of warfare and the protection of individuals, forming the backbone of treaty-based IHL.

Hague Conventions of 1899 and 1907

The Hague Conventions are an earlier set of international treaties that primarily focus on the means and methods of warfare (the conduct of military operations). They were adopted at two peace conferences held in The Hague, Netherlands.

• Hague Peace Conference of 1899: Resulted in several conventions, including those on the laws and customs of war on land, the adaptation of the principles of the Geneva Convention to maritime warfare, and declarations prohibiting the use of certain projectiles (e.g., dumdum bullets, projectiles spreading asphyxiating gas).
• Hague Peace Conference of 1907: Revised and expanded upon the 1899 conventions, producing a larger body of rules on topics like the rights and duties of neutral powers, bombardment by naval forces, laying of automatic submarine contact mines, etc.

The Hague Conventions laid down important principles, such as the requirement for combatants to distinguish themselves from the civilian population, the prohibition of poisoning wells or food, and rules regarding sieges and bombardments. While the Geneva Conventions focus on *who* is protected (victims of war), the Hague Conventions primarily focus on *how* war is fought (the rules of combat). Although some specific provisions of the Hague Conventions might be outdated, their fundamental principles regarding the conduct of hostilities remain relevant and have largely passed into customary international law. India is a party to some of the Hague Conventions.

Customary International Law

Beyond treaties, Customary International Law (CIL) is a vital source of IHL. Customary law arises from the general and consistent practice of states that they follow out of a sense of legal obligation (opinio juris).

The significance of customary IHL is that its rules are binding on all states, regardless of whether they have ratified specific treaties. This is particularly important in situations where treaty law may not fully apply (e.g., if not all parties to a conflict are party to the same treaty) or to fill gaps in treaty law.

Many rules of IHL, even those codified in treaties, are also considered customary international law. For example, the prohibitions on torture, targeting civilians, or attacking hospitals are widely recognised as customary rules binding on all states. The International Committee of the Red Cross (ICRC) conducted a comprehensive study, published in 2005, identifying 161 rules of customary IHL, which serves as an important reference for identifying these rules.

National military manuals, legislation, and judicial decisions (including those of Indian courts in relevant cases, though rare) can provide evidence of state practice and *opinio juris*, contributing to the formation or identification of customary IHL. Therefore, customary international law ensures that a baseline of humanitarian protection applies in all armed conflicts, even in the absence of specific treaty obligations between the belligerents.

Distinction

The principle of Distinction is one of the most fundamental rules of International Humanitarian Law. It is crucial for limiting the effects of armed conflict because it dictates who and what can be lawfully targeted in hostilities. The principle requires parties to an armed conflict to distinguish at all times between those participating in hostilities (combatants) and those who are not (civilians), and between military objectives and civilian objects. Only combatants and military objectives may be directly attacked.

Between combatants and civilians

The rule of distinction requires that parties to a conflict must always distinguish between combatants and civilians. Attacks may only be directed against combatants. Civilians must not be the object of attack. This distinction is essential because civilians are considered protected persons under IHL and enjoy general immunity from attack.

Combatants are members of the armed forces of a party to the conflict (other than medical and religious personnel). They have the right to participate directly in hostilities and, if captured, are entitled to prisoner of war (POW) status. By participating in hostilities, they lose their immunity from attack.

Civilians are persons who are not members of the armed forces or of armed groups participating in hostilities. They are protected from attack unless and for such time as they directly participate in hostilities. If a civilian directly participates in hostilities, they temporarily lose their protection from attack during that specific act of participation. However, they do not become combatants or prisoners of war if captured; they remain civilians but can be prosecuted under domestic law for their participation.

Parties to a conflict must take all feasible precautions to verify that targets are combatants or military objectives before attacking. Indiscriminate attacks, which strike military objectives and civilians or civilian objects without distinction, are prohibited.

Between military objectives and civilian objects

The principle of distinction also requires parties to a conflict to distinguish between military objectives and civilian objects. Attacks may only be directed against military objectives. Civilian objects must not be the object of attack.

A military objective is defined as an object which by its nature, location, purpose, or use makes an effective contribution to military action and whose total or partial destruction, capture, or neutralization, in the circumstances ruling at the time, offers a definite military advantage. Examples might include military bases, weapons systems, or infrastructure directly supporting military operations (like bridges vital for troop movements).

Civilian objects are all objects that are not military objectives. This includes homes, schools, hospitals (unless used for military purposes), places of worship, civilian infrastructure not making an effective contribution to military action, etc. Civilian objects are protected from direct attack. The presence of military personnel in a civilian object does not automatically make it a military objective if the object itself does not meet the criteria.

The prohibition on attacking civilian objects means that attacks must be aimed exclusively at military objectives. Property belonging to civilians is generally considered civilian property and is protected from destruction or seizure unless it constitutes a military objective or is destroyed as a measure of military necessity that is not otherwise prohibited by IHL.

The rule of distinction between objects also prohibits indiscriminate attacks, which include attacks that employ a method or means of combat which cannot be directed at a specific military objective, or which employ a method or means of combat the effects of which cannot be limited as required by IHL, and consequently are of a nature to strike military objectives and civilian objects without distinction.

Proportionality

The principle of Proportionality addresses the balance between the military advantage anticipated from an attack and the potential harm to civilians and civilian objects. Even when a target is a legitimate military objective, the attack may still be prohibited if it is expected to cause excessive civilian harm.

Avoiding excessive harm to civilians

The principle of proportionality prohibits attacks which are expected to cause incidental loss of civilian life, injury to civilians, or damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

This rule does not mean that any civilian casualties or damage to civilian objects are prohibited. IHL recognizes that in armed conflict, incidental or collateral damage to civilians and civilian objects can occur even in attacks directed solely at military objectives. The principle requires a balancing test: the anticipated civilian harm must not be disproportionate to the expected military gain.

The assessment of proportionality is complex and must be made by the commander or person planning or deciding upon an attack based on the information available at the time. Key elements in this assessment include:

• Concrete and direct military advantage: The anticipated gain must be specific and directly result from the attack on the military objective. A vague or potential future advantage is not sufficient.
• Incidental civilian harm: This includes foreseen loss of civilian life, injury, or damage to civilian objects. It is the expected harm, not the actual harm that occurs, which is relevant for assessing the legality of the decision to attack at the time it was made.
• Excessiveness: The core of the principle is whether the expected civilian harm is 'excessive' compared to the anticipated military advantage. There is no mathematical formula; it involves a careful judgment weighing the two factors.

For example, an attack on a bridge used primarily by military convoys (a legitimate military objective) might be permissible even if it is expected to cause some unavoidable civilian casualties or damage to nearby civilian property, provided the expected civilian harm is *not excessive* compared to the significant military advantage of disrupting enemy movements. However, if the expected civilian casualties are very high, and the military advantage from hitting the bridge is minimal (e.g., the enemy can easily use another route), the attack would likely be disproportionate and therefore prohibited.

The principle of proportionality applies to both international and non-international armed conflicts and is a cornerstone of protecting civilians in areas of active hostilities.

Precaution

The principle of Precaution complements the principles of distinction and proportionality. It requires parties to an armed conflict to take all feasible measures to avoid or minimize incidental loss of civilian life, injury to civilians, and damage to civilian objects. Precaution applies to both those planning and executing attacks (precautions in attack) and those whose territory or objects might be affected by attacks (precautions against the effects of attacks).

Taking feasible precautions in attack

Those who plan or decide upon an attack must take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects. This includes:

• Verification of Target: Doing everything feasible to verify that the objectives to be attacked are military objectives and not civilian objects or civilians.
• Choice of Means and Methods: Selecting means and methods of attack that minimise harm to civilians and civilian objects. This involves considering the type of weapon, the timing of the attack, and the direction of the attack.
• Assessment of Proportionality: Refraining from launching an attack which is expected to violate the principle of proportionality (i.e., cause excessive incidental civilian harm).
• Warning: Giving effective advance warning of attacks which may affect the civilian population, unless circumstances do not permit. This allows civilians to evacuate or seek shelter.
• Cancellation or Suspension: Cancelling or suspending an attack if it becomes apparent that the objective is not a military one or that the attack would be disproportionate.

"Feasible precautions" means those precautions which are practicable or practically possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. This acknowledges that commanders must make difficult decisions in the heat of conflict, but it requires genuine efforts to protect civilians.

While the prompt specifically mentions "precautions in attack", it's worth noting that IHL also requires precautions against the effects of attacks from the party whose territory is being attacked. This includes, to the maximum extent feasible, removing civilians and civilian objects under their control from the vicinity of military objectives and avoiding locating military objectives within or near densely populated areas. However, the failure of one party to take such precautions does not relieve the attacking party of its obligation to take precautions in attack.

Humanity

The principle of Humanity is the underlying rationale for IHL. It stems from considerations of human dignity and the desire to mitigate suffering in armed conflict. It acts as a broad ethical and legal limitation on the conduct of warfare, alongside military necessity. The principle dictates that while force is permissible against legitimate military targets, it must be employed with a concern for the suffering it causes.

Prohibiting infliction of unnecessary suffering

The principle of humanity leads directly to the prohibition of inflicting unnecessary suffering or superfluous injury. This is codified in various IHL rules, particularly regarding the choice of means and methods of warfare. The principle requires that the means and methods used in warfare must not be more injurious than necessary to achieve a legitimate military objective.

This prohibition has two aspects:

• Prohibition of Weapons Causing Unnecessary Suffering: Certain weapons are prohibited because they are considered to cause suffering or injury that is disproportionate to the military advantage gained from their use, or because their effects cannot be limited as required by IHL (e.g., chemical weapons, biological weapons, blinding laser weapons, anti-personnel mines under the Ottawa Treaty for states party to it). The development and use of new weapons must be reviewed to ensure they comply with IHL principles, including the prohibition on unnecessary suffering.
• Prohibition of Methods Causing Unnecessary Suffering: Methods of warfare that inflict suffering not strictly necessary for achieving a military objective are also prohibited. This includes acts like torture, mutilation, or medical or scientific experiments on persons protected by IHL. The principle also underpins the rules on the treatment of prisoners of war and civilians, requiring humane treatment and prohibiting acts causing severe physical or mental pain or suffering.

The principle of humanity also influences rules regarding the care for the wounded and sick, the respect for medical personnel and facilities, and the treatment of deceased persons. It is the overarching ethical consideration that drives the entire body of International Humanitarian Law, ensuring that even in the brutal reality of armed conflict, there are minimum standards of humane treatment and limitations on violence. It is often expressed through the Martens Clause, found in various IHL treaties, which states that in cases not covered by specific treaty provisions, civilians and combatants remain under the protection and authority of the principles of international law, as they result from established custom, from the principles of humanity, and from the dictates of public conscience.

Treatment of Prisoners of War (POWs)

In armed conflict, individuals who fall into the power of the enemy are categorized based on their status. Combatants who are captured by the enemy are generally granted the status of Prisoners of War (POWs). This status provides them with specific protections and rights under International Humanitarian Law, primarily governed by the Third Geneva Convention.

The status of POW is granted to members of the armed forces of a party to the conflict, members of militias and volunteer corps fulfilling certain conditions (command structure, distinctive sign, carrying arms openly, conducting operations according to the laws and customs of war), and certain other categories like inhabitants of an unoccupied territory who spontaneously take up arms to resist invading forces (levée en masse). POW status ensures that captured combatants are not treated as criminals for having participated in hostilities but are instead detained for the duration of the conflict and must be treated humanely.

Geneva Convention III

The Third Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949 (GC III) is the key treaty detailing the protections and rights of POWs. It is one of the most widely ratified international treaties. India is a party to GC III.

Key provisions of GC III include:

• Humane Treatment: POWs must be treated humanely at all times. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a POW in its custody is prohibited and constitutes a grave breach of the Convention. This includes prohibitions on torture, cruel, inhuman, or degrading treatment.
• Conditions of Detention: POWs are entitled to adequate food, clothing, and shelter comparable to that of the forces of the Detaining Power. They must be provided with necessary medical care and attention free of charge. They have the right to practice their religion.
• Work: POWs may be used for labour, but it must not be military in character, dangerous, or unhealthy. Officers can only be required to do supervisory work. The working conditions should be suitable, and they should be paid.
• Discipline: POWs are subject to the laws, regulations, and orders in force in the armed forces of the Detaining Power. However, punishments must be in accordance with the Convention, and torture or inhumane treatment to obtain information is strictly prohibited. A POW is only required to give their name, rank, date of birth, and army number.
• Communications: POWs must be allowed to correspond with their families and receive parcels.
• Repatriation: POWs shall be released and repatriated without delay after the cessation of active hostilities. Seriously wounded and sick POWs may be repatriated earlier.
• Role of Protecting Powers and ICRC: The Convention provides for the role of a Protecting Power (a neutral state designated by the parties) and the International Committee of the Red Cross (ICRC) to visit POW camps, interview POWs without witnesses, and ensure that the Convention's provisions are being respected.

GC III ensures that individuals who fought for their country, when captured, are afforded a minimum standard of dignity and care, preventing their mistreatment and facilitating their return home once the conflict ends.

Protection of Civilians

Protecting civilians in armed conflict is a paramount objective of International Humanitarian Law. Civilians are defined as persons who are not members of the armed forces or of armed groups participating in hostilities. They are considered 'protected persons' under IHL.

Geneva Convention IV

The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 (GC IV) is the primary treaty dedicated to the protection of civilians. It provides detailed rules for the treatment of civilians in the hands of an enemy party, including those in occupied territories and those within the territory of a party to the conflict of which they are not nationals. India is a party to GC IV.

Key protections and rules under GC IV include:

• General Protection against Effects of Hostilities: Civilians and civilian objects must not be the object of attack (Principle of Distinction). They are protected from indiscriminate attacks and attacks that violate the principle of proportionality.
• Humane Treatment: Protected persons are entitled to respect for their persons, honour, family rights, religious convictions and practices, and manners and customs. They must at all times be treated humanely and without any adverse distinction based on race, religion, political opinion, etc.
• Prohibited Acts: The Convention strictly prohibits:
  • Violence to the life and person of protected persons, including murder, torture, cruel treatment, and corporal punishment.
  • Collective punishment.
  • Intimidation or terrorism.
  • Pillage.
  • Taking of hostages.
  • Reprisals against protected persons and their property.
  • Deportation, forcible transfer, or unlawful detention.
• Rules in Occupied Territories: GC IV contains extensive provisions specifically applicable to civilians living under foreign occupation. The Occupying Power has specific duties, including:
  • Maintaining public order and safety.
  • Ensuring sufficient food and medical supplies for the population.
  • Respecting the existing laws, unless absolutely prevented.
  • Prohibiting the deportation or transfer of parts of its own civilian population into the territory it occupies.
  • Allowing relief consignments of food, medicine, and clothing for the population.
• Internment: Protected persons may be interned or placed in assigned residence only if absolutely necessary for the security of the Detaining Power. Detailed rules govern the conditions of internment, similar to those for POWs.
• Special Protection: Women and children are afforded special respect and protection against any form of indecent assault. Measures must be taken to ensure the maintenance of children.
• Safety Zones: The Convention encourages parties to establish hospital and safety zones to protect the wounded, sick, elderly, children, and expectant mothers.
• Role of Protecting Powers and ICRC: Similar to GC III, these entities monitor the implementation of GC IV and assist protected persons.

GC IV is vital in seeking to alleviate the suffering of civilians who bear the brunt of modern conflicts, setting out crucial safeguards for their survival and dignity.

Protection of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

Armed conflict at sea presents unique challenges for the care and protection of those who are no longer able to participate in hostilities due to wounds, sickness, or being shipwrecked.

Geneva Convention II

The Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949 (GC II) adapts the principles of the First Geneva Convention to warfare at sea. India is a party to GC II.

Key provisions of GC II include:

• Respect and Protection: Wounded, sick, and shipwrecked members of the armed forces at sea must be respected and protected. They must be treated humanely and cared for by the belligerent in whose power they may be. Discrimination based on race, nationality, religion, political opinions, or any similar criteria is prohibited.
• Collection and Care: After each engagement, parties must without delay take all possible measures to search for and collect the shipwrecked, wounded, and sick, and to protect them against pillage and ill-treatment.
• Hospital Ships: Military hospital ships and hospital ships belonging to the Red Cross/Red Crescent societies or to private persons or relief societies, of any nationality, are protected and must be respected by the belligerents. They cannot be attacked or captured. They must be marked with distinctive emblems (Red Cross/Red Crescent/Red Crystal) and lights.
• Medical Personnel and Units: Medical personnel and chaplains on board hospital ships or attached to medical units at sea must be respected and protected. They cannot be captured unless they are essential for the medical needs of prisoners of war.
• Medical Aircraft: Medical aircraft exclusively used for the removal of the wounded and sick or for the transport of medical personnel and material enjoy protection, provided they fly at heights, times, and over routes specifically agreed upon by the parties.
• Handling of Deceased: Provisions are made for the recording of particulars of the dead, their proper burial at sea or on land, and the transmission of their effects and information to their home country.
• Apprehension and Treatment: Wounded, sick, or shipwrecked combatants who are picked up by a belligerent warship or military aircraft and are not in a condition to take part in hostilities shall not be considered prisoners of war. However, if they are transferred ashore, they fall under the protection of the Fourth Geneva Convention (civilians) or, if members of the armed forces, might be considered POWs depending on circumstances, but their initial status at sea is one of protected victim.

GC II ensures that even amidst the perils of naval warfare, those incapacitated by battle or disaster at sea receive the care and protection they need.

Protection of Wounded and Sick in Armed Forces in the Field

Similar to the protection of victims at sea, International Humanitarian Law provides specific rules for the care and protection of military personnel who are wounded or sick during land-based hostilities.

Geneva Convention I

The First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 (GC I) is the foundational treaty of modern IHL. It was the first of the original Geneva Conventions and has been updated several times, culminating in the 1949 version. India is a party to GC I.

Key provisions of GC I include:

• Respect and Protection: Members of the armed forces and other persons mentioned in the Convention who are wounded or sick must be respected and protected in all circumstances. This means they cannot be attacked, and parties to the conflict must take all possible measures to search for, collect, and care for them.
• Treatment: They must be treated humanely and cared for by the party to the conflict in whose power they are. Discrimination on grounds other than medical ones is prohibited.
• Medical Units and Establishments: Fixed medical establishments and mobile medical units of the Medical Service shall be respected and protected at all times and shall not be attacked. They must be marked with the distinctive emblem (Red Cross, Red Crescent, or Red Crystal).
• Medical Personnel: Medical personnel (such as doctors, nurses, stretcher-bearers) and chaplains exclusively engaged in the search for, or the collection, transport, or treatment of the wounded and sick, or in the prevention of disease, shall be respected and protected. They cannot be targeted. If they fall into the hands of the enemy, they shall not be considered prisoners of war but must be allowed to continue their medical duties or be repatriated.
• Medical Material: Buildings and stores of medical units, including medical equipment, must be respected and protected.
• Identification: Medical and religious personnel, units, and transports must be clearly identified by displaying the distinctive emblem.
• Search and Collection: Parties must facilitate measures for the search for and collection, removal, and care of the wounded and sick. A local armistice or temporary suspension of fire may be arranged for this purpose.
• Handling of Deceased: Provisions are made for recording details of deceased persons, their burial, and transmission of effects, similar to GC II.

GC I ensures that compassion and care are mandated by law for those members of armed forces who are put out of action by wounds or sickness, regardless of their allegiance.

Prohibited Weapons and Methods of Warfare

International Humanitarian Law imposes restrictions not only on *who* can be attacked but also on *how* warfare is conducted. This involves prohibitions on certain weapons and methods of warfare that are considered to cause unnecessary suffering, are indiscriminate, or violate other fundamental principles of IHL like distinction and proportionality. These prohibitions are found in various treaties and rules of customary international law.

Prohibited Weapons

Certain weapons are prohibited because their use inherently violates IHL principles. Examples include:

• Chemical Weapons: Prohibited by the 1925 Geneva Protocol and the widely ratified 1993 Chemical Weapons Convention.
• Biological Weapons: Prohibited by the 1972 Biological Weapons Convention.
• Blinding Laser Weapons: Prohibited by Protocol IV to the 1980 Convention on Certain Conventional Weapons (CCW).
• Anti-Personnel Mines: Prohibited for states party to the 1997 Ottawa Treaty, although some states, including India, are not parties to this specific treaty but are party to Protocol II of the CCW which regulates their use.
• Cluster Munitions: Prohibited for states party to the 2008 Convention on Cluster Munitions. India is not a party to this convention.
• Exploding or Expanding Projectiles: The 1868 St. Petersburg Declaration prohibited projectiles under 400 grams that are explosive or contain fulminating or inflammable substances. The 1899 Hague Declaration concerning Expanding Bullets prohibited bullets which expand or flatten easily in the human body (like dumdum bullets). These prohibitions are considered customary international law.
• Poison or Poisoned Weapons: Prohibited by the 1907 Hague Regulations and considered a rule of customary international law.

The legality of a new weapon must be assessed under IHL, including whether it is indiscriminate or causes unnecessary suffering.

Prohibited Methods of Warfare

Certain ways of conducting military operations are also prohibited by IHL. Examples include:

• Attacks Directed at Civilians or Civilian Objects: As discussed under the principle of Distinction.
• Indiscriminate Attacks: Attacks not directed at specific military objectives or using means/methods whose effects cannot be limited (e.g., area bombardment that treats a concentration of military objectives and civilians as a single military objective).
• Attacks Expected to Cause Disproportionate Civilian Harm: As discussed under the principle of Proportionality.
• Perfidy: Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under IHL, with the intent to betray that confidence. Examples include feigning surrender or using protective emblems (like the Red Cross) for military advantage.
• Taking Hostages: The seizure or detention of persons contrary to IHL and threatening to kill, injure, or continue to detain them in order to compel a third party to do or abstain from doing any act.
• Using Human Shields: Using the presence of civilians or other protected persons to render certain points or areas immune from military operations.
• Starvation of Civilians as a Method of Warfare: Prohibiting the use of starvation as a means of warfare. Parties must allow and facilitate the rapid and unimpeded passage of humanitarian relief for civilians in need.
• Pillage: The unlawful appropriation of property of the adversary by force.
• Forcible Transfer or Deportation: The forced displacement of civilians from their homes, unless required for their safety or imperative military reasons.

These prohibitions aim to ensure that even in armed conflict, there are boundaries to the violence that can be inflicted and that certain acts are beyond the pale of permissible conduct. Violations of these rules, particularly grave breaches of the Geneva Conventions and serious violations of the laws and customs applicable in international and non-international armed conflicts, constitute war crimes for which individuals can be held criminally responsible.