Defining International Humanitarian Law
International humanitarian law is the body of law that governs armed conflict and regulates the conduct of hostilities in order to protect individual victims of war, including civilians, prisoners of war, medical personnel and chaplains. These rules are based on a global consensus on the basic requirements of humanity in warfare. It is sometimes also referred to as ‘the Law of Armed Conflict’ or ‘the Laws and Customs of War’ and mainly consists of four treaties formulated between 1864 and 1949 known as the Geneva Conventions. The Geneva Conventions set out the basic guarantees for humane treatment, the protection of the wounded and sick at all times, the negative prohibition of unnecessary suffering, and the protection of children.
International humanitarian law is applicable in armed conflicts and distinguishes between National Liberation Movements in International Armed Conflicts (NIAC) and Non International Armed Conflicts (NIAC) . An international armed conflict (IAC) exists where two or more States are involved in hostilities, regardless of the reason for the hostilities or the intensity of conflict; while an NIAC occurs purely between two or more parties within a single state.
The laws of armed conflict apply to military personnel and civilians alike, and only if the NIAC has reached a minimum threshold of intensity and if the parties are sufficiently organized. Until 2005, the threshold for the application of international humanitarian law largely rested on the concept of "armed resistance". Rights and duties of a civilian population in an occupied territory were regulated in the Hague Regulations of 1899 and 1907 as well as the Fourth Geneva Convention of 1949. The introduction of Additional Protocol II in Protocol I to the Geneva Conventions set a higher minimum threshold for NIACs, however the Protocol does not apply to international armed conflicts, thus maintaining the distinction between international and national conflicts.
Job Opportunities in International Humanitarian Law
The work of international humanitarian law (IHL) lawyers is wide and varied. Some have a more theoretical approach, conducting academic research to analyze the effectiveness of certain rules or institutions in achieving their aims. Others work for non-governmental or international organizations, advancing the application of IHL and publicizing violations. Furthermore, there are lawyers who choose to build on their theoretical understanding by playing an active role in the implementation of IHL rules in the field. In addition, lawyers may work with domestic governments to encourage the ratification and implementation of IHL into their domestic law and practice. A career in IHL can touch upon many aspects of law, such as refugee law, war crimes, human rights, international criminal law, environmental law, and public health.
The largest number of opportunities in IHL are available with foreign (NGOs) and international NGOs, such as the ICRC. These organizations work to promote and implement the protections granted to victims of armed conflict and other situations of violence. The types of positions available include:
• Investigators
• Programmers
• Legal Counsel
• Policy Advisors
• Educators
• Trainers
• Evaluation Officers
• Administrators
• Advocates
• Fundraisers
If you work for an NGO or similar organization operating in the field, you will typically be required to live and work in-country for the duration of your assignment. You may be required to travel with little notice and sometimes under dangerous circumstances. Your ability to work and live in the country may also be contingent upon the position you fill. Having language skills is particularly helpful in obtaining these positions and some organizations have internal language training programs.
International organizations often cooperate with foreign governments to promote IHL at the national level. They also cooperate with governments to investigate and prosecute violations. Governments, both democracies and non-(or barely)-democracies, employ legal advisors to assist and coordinate their work with international and regional organizations and other governmental bodies. Governmental roles are of varied duration, from permanent, to contract-based, to temporary consultancies. It is helpful to have prior work experience in international organizations to qualify for these positions. A unique opportunity to work on issues of IHL at the national level is provided by the United Nations Voluntary Field Experts roster, to which experts can apply as ad hoc consultants, or by request from the United Nations through their Member States (for example, from governments or Regional Groups).
An opportunity to gain experience with an international or inter-governmental organization is through an internship or fellowship. Examples of international organizations in the field of IHL include:
• The International Criminal Court
• International Criminal Tribunal for the Former Yugoslavia
• International Criminal Tribunal for Rwanda
• UN Counter Terrorism Committee
• International Commission of Human Rights
• International Court of Justice
• UN High Commissioner for Refugees
• UN Office of the Special Advisor on the Prevention of Genocide
Internships and fellowships are usually unpaid, and payment is not always available for travel and accommodation expenses.
IHL Career Requirements
The qualifications needed to work in the field of international humanitarian law (IHL) vary and where appropriate must include language skills, advanced degrees, significant professional and professional skills that can be exercised within an IHL context. The main criteria to be considered by any employer when assessing a potential candidates qualifications will be; a proven interest in International Law (including IHL, Human Rights Law, Refugee law or International Criminal Law), a demonstrable understanding of the IHL legal framework, the ability to assess and evaluate the application of law to facts, and an ability to think critically and be a good communicator. When applying for a particular position employers will consider what relevant experience you have had both inside and outside the workplace.
Some employers (for example the United Nations or Human Rights NGOs) may require relevant postgraduate qualification(s) such as a Master in International Law or Masters of Arts in Human Rights, while others will accept a lower qualification with a longer period of relevant experience. Many successful applicants will have recently completed their Masters and have some relevant experience (such as volunteer work) but if you feel this is out of your current reach do not despair, because many large law firms or companies that have a human rights focus may take on students who have graduated from their LL.B with no relevant experience.
While IHL is taught in some universities it is not always offered as an undergraduate module, and is not always resourced by a centre of excellence, so having an accredited qualification in IHL is not strictly necessary. However similar to many other fields, those with dedicated postgraduate qualifications have an advantage in securing posts where there is significant competition and will receive a higher salary than those without.
Leading Employers in the Industry
Those looking for or pursuing an international humanitarian law career don’t have to look very far for opportunities. An important part of this career challenge is learning about the top employers who hire individuals knowledgeable about various aspects of and issues related to international humanitarian law.
Organizations such as the following actively recruit lawyers and other professionals with international humanitarian law expertise:
The United Nations offers many opportunities across its diverse agencies. From the Office of the High Commissioner for Human Rights (OHCHR), which leads global efforts to promote and protect human rights and to assist those in need around the world, to the Office of the Special Advisor on the Prevention of Genocide, the UN provides a wide range of positions in various countries. The UN’s Office for the Coordination of Humanitarian Affairs (OCHA) leads and coordinates effective humanitarian action to ensure the timely and predictable delivery of assistance.
The International Committee of the Red Cross (ICRC) provides the broadest range of humanitarian activities at the global level. It works with and for people affected by conflict and armed violence . It also works with armed and security forces to ensure that they respect and uphold international humanitarian law. The ICRC employs lawyers and legal experts and has a Special Fund for the Disabled that provides employment opportunities for such individuals.
Amnesty International is a global movement of more than 3 million supporters, members and activists in 150 countries. It aims to promote and realize the human rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. Its lawyers work independently to provide expert analysis and evaluation of international and regional human rights law, ensure the organization’s legal needs are met and advise Amnesty International leadership on complex legal and strategic issues.
International Save the Children (SCF) is a nonprofit organization that works in 120 countries in total. It advocates for child rights internationally and works directly with children to help them overcome barriers to education, nutrition and health care, promising their survival and development.
All of the aforementioned employers offer competitive compensation and benefits. Many positions require at least some travel.
How to Launch Your IHL Career
Breaking into a career in international humanitarian law or the human rights field can be challenging. The first step is identifying your key skills and interests, and finding the right fit. Law firms, NGOs, the public sector, and international organizations all use different capabilities and knowledge. Finding the right opportunity may take time, so be patient and persevere.
As in any career, competition in the human rights field is high. It is critical to stand out in a crowd. A strong academic record is important, but so is engaging in leadership positions, taking on responsibility, or getting involved in an extracurricular activity that develops key skills. This may involve pursuing activities related to human rights issues that are outside of the classroom or typical employment. Gaining short- or long-term experience, even if not directly related to humanitarian law or human rights, can be invaluable.
Pursuing internships is an important step to building a successful career in a human rights. They help gain exposure to international humanitarian law and human rights, develop a network of contacts, and acquire skills to assist in future job applications.
Internships are available with law firms, international organizations, NGOs, and governmental bodies. A wide range of organizations offer internships and associates, so it is important to be flexible in your search. Internships can be remote or in-person, with a duration of a few months to over a year. The Association of Dutch Lawyers Practicing in Human Rights and Law Blog Internships competitions are a good place to start. Additionally, most law schools, international organizations, and NGOs offer summer internships that are advertised on their websites.
Benefits and Challenges of a Career in IHL
But a career in international humanitarian law is not without its challenges. Eye witness testimony, for example, allows human rights organizations such as Amnesty International to investigate war crimes in international armed conflict. Yet obtaining accurate and detailed information from a potentially traumatized witness who has survived the trauma of war is not easy, especially considering the targets of most of their investigations: state armed forces, non-state armed groups, and multinational corporations. Humanitarian agencies, by contrast, do not investigate human rights abuses, but provide life-saving assistance, water, healthcare, and food in environments where there is little regard for the law.
What are the challenges you face? Why did you choose to work in international humanitarian law? Yanai Itamar, a lawyer and member of the board of directors of the American Bar Association (ABA) International Human Rights Committee, says that "human rights law is more focused on the individual, while international law principles [such as those found in the Geneva Conventions governing armed conflicts] give states more rights. There are too many examples of war crimes, humanitarian atrocities, and the like that fall through the cracks."
"Narrowing the focus is important, we need to look at cases that present a clear factual basis for bringing a case," says Marie-Laurence Dittler of Trial, where she leads a team that investigates and gathers evidence on crimes under international law, particularly genocide and torture.
She also notes that investigating any crime and bringing perpetrators to justice is a long process. "Time is needed to sort through evidence to assemble a file that will stand up in court. This takes a considerable amount of time, and requires a good amount of test cases to build stronger impact cases . "
Adding to this challenge is the lack of judicial infrastructure in many countries. "Judges need training, especially in the use of experts. It is a long-term project that begins with the basics, such as interview techniques and legal review of the witness’ file." As the Prosecutor at the Tribunal Special for Lebanon overseeing a trial into the assassination of former Prime Minister Rafik Hariri, Dittler says her team will be in the field for three years gathering evidence and witnesses, training investigators, lawyers and judges in preparation for the trial. "The work is ground-breaking and complex. We hope to set a precedent for other such commissions and courts."
"The reward comes in the form of helping individuals! Knowing you have helped a victim or a family who has suffered the loss of a loved one," says Itamar. "It gives a different meaning to your job and to your existence. The rewards are not just in the law, but in all of the areas your practice touches. You give a voice to the voiceless." Dittler, too, finds the work of Trial rewarding. Having spent time in Cambodia investigating war crimes, Liberia, collecting evidence, and Sri Lanka, documenting evidence of human rights abuses, she describes her work as "an opportunity to address the suffering that victims have faced." She adds, "I was already a lawyer before joining Trial. Doing this type of work shows you how your field of expertise can be put to real use. It allows me to travel the world and meet amazing people along the way."
In addition to opportunities at NGOs and international tribunals, There are many other contexts in which lawyers, humanitarian workers and other professionals can work in the field and build a career in international humanitarian law.