When and How Does International Humanitarian Law (IHL) Apply?
IHL comes into effect from the moment an armed conflict actually begins — even if war has not been formally declared. This is explicitly stated in Common Article 2 of the 1949 Geneva Conventions.
During armed conflict, IHL serves as lex specialis — a specialised body of law that takes priority in regulating the conflict. At the same time, human rights law continues to apply alongside it.
The main objectives of IHL are:
- To protect civilians;
- To protect combatants who have ceased participating in hostilities;
- To ensure the proper treatment of the wounded, sick, and prisoners of war;
- To protect medical and religious personnel on the battlefield;
- To restrict the methods and means of warfare.
IHL distinguishes between two types of armed conflict:
- International — between states, or in cases of occupation of a territory;
- Non-international — prolonged and intense fighting within a state between government forces and organised armed groups.
Important: Even after active hostilities have ended, certain provisions of IHL continue to apply — in particular, those concerning prisoners of war and other detained persons, until they are released or returned.
For more information on international humanitarian law, see resources published by the Ukrainian Red Cross.