The topic of the 2024 Brown Mosten Client Consultation Competition is International Humanitarian Law. This means that the case fact patterns employed by the actors who will be serving as clients will include issues related to IHL. 

 

International Humanitarian Law (IHL), sometimes called the "law of war" or "law of armed conflict" regulates relations between states, international organisations and other subject of international law in times of armed conflict. It is a branch of public international law that consisted of rules time at protecting people who are not or are no longer participating in the hostilities and at restricting the means and methods of warfare. IHL is a compromise between two underlying principles: military necessity and humanity. According to the principle of military necessity, parties to a conflict may only resort to those means and methods that are necessary to achieve a legitimate military purpose of a conflict and that are not otherwise prohibited. 

 

IHL includes three key principles: distinction, proportionality and precaution. 

 

Distinction: The parties must distinguish at all times between civilians and civilian objects and combatants and military objects. Direct attacks against civilians or civilian objects is prohibited. 

 

Proportionality: Injury to civilians and the incidental loss of civilian live and property should not be excessive in relation to the concrete and direct military advantage anticipated by the attack. 

 

Precaution: Constant care must be taken to protect civilians and civilian objects during military operations. 

 

Students should consider downloading an excellent phone app on IHL that was prepared by the International Committee of the Red Cross. The app is called ICRC IHL and is available on both the Apple and Google Play for Android app stores.