Understanding the principle of humanity in international humanitarian law

The principle of humanity is fundamental to international humanitarian law (IHL). It embodies the core objective of this branch of law: to protect victims of armed conflict and to place limits on the means and methods of warfare on the grounds of humanity. This principle requires that all persons who fall into the hands of the enemy be treated humanely in all circumstances, without discrimination based on race, colour, religion or belief, sex, birth, or other such criteria.

International humanitarian law, more broadly, seeks to humanise armed conflicts by protecting those who are not taking part, or who have ceased to take part, in hostilities. The requirement of humane treatment for such individuals is enshrined in the Geneva Conventions of 1949, particularly in the provisions concerning the protection of war victims, as well as in customary IHL. One of the clearest expressions of this principle is found in Common Article 3 of the 1949 Geneva Conventions, which sets out the minimum standards of humane treatment:

“Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.”

It should be noted that each party to an armed conflict is obliged to comply with international humanitarian law, particularly with regard to the implementation of the principle of humanity.

The Ukrainian Red Cross continues its systematic efforts to promote knowledge of IHL and to support the Ukrainian authorities in implementing its provisions.