ABSTRACT
The jus in bello has conventionally been categorised as ‘Geneva’ law, that is, international humanitarian, and ‘Hague’ law, which is concerned with the regulation of the means and methods of warfare. International humanitarian law is itself concerned with the protection of victims of armed conflict, which includes those rendered hors de combat by injury, sickness or capture, as well as civilians. This division is purely artificial and there is a wide measure of overlap between the two.1 The Geneva Conventions recognise two types of violations, in accordance with the gravity of the condemned act, namely, ‘grave breaches’2 and other prohibited acts not falling within the definition of grave breaches. Although both grave breaches and all other infractions of the Conventions are outlawed under international humanitarian law, the distinguishing feature of grave breaches is that they can only be committed in international armed conflicts against protected persons or property as designated by the Conventions and are moreover subject to universal jurisdiction.3
