International Humanitarian Law II: The Principles of International Humanitarian Law

Hassanová, Rebecca Lilla (2026) International Humanitarian Law II: The Principles of International Humanitarian Law. In: International Criminal Law, Humanitarian Law and Refugee Law. Human Rights - Children's Rights; Human Rights and Rule of Law (13; 5). Central European Academic Publishing, Miskolc, pp. 175-207. ISBN 9786157027510

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Abstract

The following chapter analyses the legal status and practical function of the core principles of international humanitarian law within the broader system of international law. It explains how these principles operate both as gap-filling and interpretative tools and as norms rooted in customary law as well as in treaty provisions. The chapter primarily examines the four foundational principles of the system: military necessity, humanity, distinction, and proportionality tracing their historical development, main elements and limitations. The text highlights how they structure targeting decisions, protect civilians and persons hors de combat, and guide legal assessment where treaty rules are ambiguous or incomplete. Their flexible character ensures their continued applicability as guiding norms, particularly in modern forms of warfare.

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