International Humanitarian Law (IHL), also known as jus in bello, is the body of rules governing the conduct of parties in international and non-international armed conflicts. Its primary purpose is to protect the victims of armed conflicts, particularly civilians, by limiting the means and methods of warfare. Italy is strongly committed to promoting and disseminating International Humanitarian Law, in keeping with its longstanding attention to humanitarian issues.
The history of International Humanitarian Law is intertwined with that of the Italian Risorgimento. It was on the battlefield of Solferino, during the Second Italian War of Independence in 1859, that Henry Dunant, deeply impressed by the suffering of the 40,000 dead and wounded people left on the battlefield, conceived the revolutionary idea of providing neutral, independent and impartial assistance to the wounded. This vision led to the establishment of the International Committee of the Red Cross in 1863 and, the following year, to the adoption of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.
Today, more than a century and a half later, International Humanitarian Law faces new and complex challenges: the escalation of international conflict; the growing presence of non-State armed groups; territorial control by terrorist groups; the increasing difficulty of distinguishing between combatants and civilians during military operations; the protection of humanitarian workers; the outsourcing of military activities to private companies; the possibility of cyberattacks; and the use of autonomous weapon systems (AWS). These challenges call for stronger preventive diplomacy and the pursuit of political solutions to ongoing conflicts, alongside efforts to disseminate International Humanitarian Law and ensure compliance with it.
Drawing on the “Spirit of Solferino”, Italy’s humanitarian action is guided by the principles of humanity, neutrality, impartiality and independence. Italy is a party to all the major international treaties in this field: the Hague Conventions of 1899 and 1907, the four Geneva Conventions of 1949 and their three Additional Protocols, which constitute the main legal instruments in this area.
The legal framework
The Conventions adopted at The Hague were the first international legal instruments to codify the rules by which belligerents should abide during hostilities, particularly by regulating the use of weapons and the methods and means of warfare. The Geneva Conventions of 1949 primarily seek to safeguard the civilian population, military personnel who are hors de combat, and persons not actively participating in hostilities.
More specifically, the First and Second Geneva Conventions require signatory States to protect the wounded, the sick, the shipwrecked, medical personnel, ambulances and hospitals. The Third Convention regulates the treatment of prisoners of war, while the Fourth Geneva Convention regards the protection of the civilian population, including persons in the hands of a party to the conflict or in occupied territory.
Two Additional Protocols to the 1949 Conventions were also adopted in 1977. The First Protocol supplements the Fourth Geneva Convention with more detailed rules on the conduct of hostilities, such as the prohibition of attacks on civilians and civilian installations, and restrictions on permissible methods and means of warfare. The Second Additional Protocol, relating to the protection of victims of non-international armed conflicts, develops and supplements Article 3 common to the Geneva Conventions and applies to all armed conflicts falling outside the scope of the First Protocol. Finally, the Third Additional Protocol, adopted in 2005, introduces a new emblem, the Red Crystal, which may be used in wartime by international humanitarian organisations as an alternative to the traditional Red Cross and Red Crescent emblems. Its distinctive feature is that it is neither associated with nor liable to be confused with religious symbols.
The fundamental principles of IHL governing the military action of parties to a conflict are: the principle of distinction between civilians and combatants and between civilian objects and military objectives; the principle of military necessity; the principle of proportionality; the principle of precaution; the principle of humanity; and the prohibition of causing superfluous injury or unnecessary suffering.
Based on these principles and the rules set out in the aforementioned Geneva Conventions and Additional Protocols, the following may be summarised as prohibited: deliberate attacks on civilians; indiscriminate attacks; the use of civilians as human shields; and the ill-treatment, torture and killing of prisoners of war.
Parties to a conflict should also provide adequate protection to all vulnerable groups forced to flee their homes and/or regions as a direct or indirect consequence of conflict and violence or human rights violations. Attacks intended to starve and deprive the population of the basic means of subsistence are prohibited. Under the Conventions, signatory States also undertake to respect, protect and care for the wounded, the sick and the shipwrecked in all circumstances and places, without discrimination on grounds of race, colour, religion or belief, sex, birth or wealth.
Finally, International Humanitarian Law affords special protection to certain categories of people and infrastructure, which the parties to a conflict should respect and protect in all circumstances: medical personnel, medical units, medical and humanitarian transport, and cultural property. Such protection also extends to humanitarian personnel bearing the distinctive emblems of the Red Cross and Red Crescent, whose delegates are authorised to visit prisoner-of-war camps and internees, and to talk with detainees without witnesses.
Italy’s action in this field
Italy has a long tradition of institutional cooperation with the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies. The Ministry of Foreign Affairs and International Cooperation (MAECI) also maintains well-established and fruitful cooperation with the Italian Red Cross, supporting its activities and initiatives, particularly those aimed at disseminating IHL among the Armed Forces and civil society.
Italy took part in the 34th International Conference of the Red Cross and Red Crescent (Geneva, October 2024), which coincided with the 75th anniversary of the adoption of the Geneva Conventions. Following intensive negotiations in which Italy played a leading role, five resolutions concerning the Movement’s action in the coming years were adopted by consensus. These addressed the promotion of a universal culture of respect for IHL; the protection of civilians from the impact of digital technologies in armed conflicts; and the strengthening of the legal framework for civilian protection and disaster prevention. During the International Conference, Italy also made two four-year pledges: the first aimed at encouraging more targeted and effective protection for persons with disabilities during conflicts and humanitarian crises, including through public diplomacy and awareness-raising initiatives; the second focused on strengthening IHL at the national level.
In 2025 Italy also joined the “Global Initiative to Galvanize Political Commitment to International Humanitarian Law”, promoted under the auspices of the ICRC. The initiative aims to mobilise political support for IHL at the global, regional and national levels and to promote the practical and strict implementation of humanitarian rules, ensuring their universal implementation. The Global Initiative provides a permanent intergovernmental platform for sharing practices and promoting joint initiatives. It comprises seven thematic areas: preventing violations; the role of National IHL Committees; International Humanitarian Law and peace; protecting civilian infrastructure; protecting hospitals and healthcare facilities; information and communication technologies in armed conflicts; and naval warfare.
Italy promotes the dissemination and understanding of IHL in all relevant multilateral forums, particularly during the humanitarian segments of the United Nations Economic and Social Council (ECOSOC) and the United Nations General Assembly. Each year, we actively participate in Protection of Civilians Week, held in New York in late May, which features an open debate in the Security Council and many high-level events. Italy also cooperates with the International Institute of Humanitarian Law in Sanremo, one of the leading international centres for training in International Humanitarian Law, particularly for military personnel.
We have also endorsed commitments put forward by other countries, such as the “Declaration for the Protection of Humanitarian Personnel”, launched by Australia in 2025 and focused on protecting humanitarian workers in conflict zones.
The “National Commission for the Study and Development of International Humanitarian Law” is housed within the Ministry of Foreign Affairs and International Cooperation. It comprises representatives from the Foreign Ministry, the Ministry of Defence, the Ministry of Justice and the Italian Red Cross, and is open to civil society participation. Its role is primarily advisory, contributing to the study of domestic legislation on IHL and the assessment of its implementation. It also coordinates the relevant State authorities and works closely with civil society to promote public understanding and knowledge of International Humanitarian Law.