Basic Principles of International Humanitarian Law: Principle of Humanity(4)
Hugo Grotius the earliest writer on international law, advocated for humane behaviour even in warfare 'lest by imitating wild beasts too much we forget to be human'. Hence we move on to the fourth principle of international humanitarian law.
4. Principle of Humanity (and Prohibition of Unnecessary Suffering/Superfluous Injury)
All persons affected by armed conflict must be treated humanely, without adverse distinction. It is forbidden to inflict suffering or injury beyond what is necessary to achieve legitimate military aims. Weapons and methods of warfare that cause superfluous injury or unnecessary suffering are prohibited.
Statutory Authority:
Common Article 3 to the four Geneva Conventions (1949): Provides minimum protections in non-international conflicts, prohibiting violence to life and person, torture, cruel treatment, and outrages upon personal dignity.
Additional Protocol I, Article 35(2): 'It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.'
Judicial Authority:
The ICTY in Prosecutor v. Čelebići (1998) affirmed that elementary considerations of humanity underlie the entire body of the IHL. The ICJ has repeatedly invoked humanity as a guiding principle, including in the Nuclear Weapons opinion.
Arrest other than to wound. Wound other than to kill. If necessary, kill humanely.
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