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Progress in International Organization, 2007

4 Kaye, David A., Complexity in the Law of War. 226, International Court of Justice (ICJ), 8 July 1996, 257, para.79 However, these principles have been criticized as being dense, overly technical, and indeterminate, leading to a complexity which hinders their effective implementation and enhances the danger of non-compliance with IHL in the field. 3 Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. The International Court of Justice has held in the Nuclear Weapons Advisory Opinion that “a great many rules of humanitarian law applicable in armed conflict are so fundamental to the respect of the human person and ‘elementary considerations of humanity’…”, that they are “to be observed by all States whether or not they have ratified the conventions that contain them, because they constitute intransgressible principles of international customary law”. This article shall explore any controversies in the construction of principles of IHL, and shed light on their application in contemporary conflicts. 2 Article 35(2), International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125 UNTS 3 All other rules of international humanitarian law (IHL) are constructed on these principles. 1 Larissa Fast, Unpacking the principle of humanity: Tensions and implications The principle of military necessity permits force required to achieve the legitimate purpose of a conflict, and the principle of humanity forbids the infliction of all suffering, injury or destruction not necessary for achieving the legitimate purpose of a conflict. The law of armed conflict is essentially a compromise between two fundamental principles, of humanity and of military necessity. International humanitarian law aims to impose limits on the destruction and distress caused by armed conflict.