On The Basic Principles Of International Humanitarian Law

Peace and war are the eternal theme of human development. Man has a strong desire for peace, but the armed conflicts seem never avoidable. For the world today, the agony brought about by the two world wars hasn't been forgotten, yet regional conflicts still break out constantly, causing endless harm and pang to local residents, especially with the advancement of military technology, the severity of armed conflict has become harsher. To reduce as much harm brought by conflict as possible has become a universal pursuit for human beings, resulting in the flourishing of international humanitarian law.Among the studies of international humanitarian law, the basic principles of this law is the most important issue, because these principles can be applied in almost every fields concerning international law, embodying the essence of international humanitarian law; the basic principles of international humanitarian law is the legal sources for various laws dealing with international humanitarian affairs, while other common principles and practices either derive from the basic principles or develop into their form under the guidance of the basic principles. The basic principles of international humanitarian law are the outline of international humanitarian law system, indicating the direction for unexpected occasions. All in all, the basic principles of international humanitarian law are the essence and core of international humanitarian law.Today, the application of international humanitarian law is mostly in detailed practices, and the understanding of the basic principles is either related to one of the practices or an analysis of the specific specification. The thesis intends to conduct a deeper study of the basic principles of international humanitarian law by elaborating on its definition and origin, so that we may have a better command and application of the law.The thesis is composed of six parts. The first part deals with the basic principles of international humanitarian law, giving a brief introduction to the topic. This part makes clear that the law is one that protects humans and confines war on the basis of humanitarianism, showing the significance of such a law in international affairs.Part two to part five are the body part of the thesis, accounting for the humanitarian principle, universal principle and distinction principle and proportion principle in international humanitarian law, with an effort to make clear the basis of the law and the possibility of an international acceptance. In part two, humanitarian principle covers the origin of the law from the perspectives of humanity, the nature of armed conflict and its goal, manifesting the centrality of this principle in this law system. The universal principle in part three treats the necessity and urgency for the establishment of this principle through the study of historical occurrences and today's armed conflicts, with a consideration of the neutrality existing in the law itself. Distinction in part four elaborates on the different treatment of man and matter, making clear the reason for this distinction and the requirement of distinction on neutrality. Proportion in part five focuses on two aspects that constrain the use of military force, proportion and restriction, with an emphasis on proportion, confirming the significance of this principle in negotiating between military needs and humanitarian needs in armed conflicts.Part six talks about the development of the basic principle of international humanitarian law, proposing that these basic principles may have inclinational aspect when guiding the practices, and they may also be challenged by the development of today's armed conflicts internationally, so as to arouse attention to and spur the study of the basic principles of international humanitarian law.