Chapter16国际法双语.ppt

Chapter Sixteen International Humanitarian Law国际人道法 Introduction Chapter Fifteen International Human Rights Law国际人权法? right to human treatment人道待遇权 When the world in peace When in war ? International Humanitarian Law 国际人道法 Section OneBasic Concept of IHL Ⅰ. The applicable scope of IHL i. International rules, established by treaties or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts and which, for humanitarian reasons, limit the right of parties to a conflict to use the methods and means of warfare of their choice or protect persons and property that are, or may be, affected by conflict. Section OneBasic Concept of IHL Ⅰ. The applicable scope of IHL ii. The necessity of IHL P559: “War anywhere is … with the parties to the conflict.” 因此，国际人道法的基本概念和适用范围可概括为：在武装冲突中保护那些（1）没有参加作战以及（2）先参加后又退出作战的人员。 Ⅱ. “jud ad bellum” and “jus in bello” ⅰ. “jud ad bellum”国家诉诸战争权 对战争的限制与禁止： “bellum justum”(战争正义论) 《国际联盟盟约》 《巴黎非战公约》 Ⅱ. “jud ad bellum” and “jus in bello” ⅰ. “jud ad bellum”国家诉诸战争权 The relation between warfare and peace: while seeking means to preserve and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert(避免)； Animated（受激励） by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization; Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate（减轻） their severity as far as possible. Ⅱ. “jud ad bellum” and “jus in bello” ⅰ. “jud ad bellum”国家诉诸战争权 So on the one hand, internationl law prohibits the use of armed force, on the other hand, it also permits the le