“Crashing Down on Us” II. International Legal Framework and Analysis International Humanitarian Law International humanitarian law—also known as the laws of war—aims to protect civilians and other non-combatants, and mitigate the humanitarian consequences of war.134 In the context of a non-international armed conflict, such as the situation in Kachin and Karenni states, elements of international humanitarian law apply. War crimes are grave breaches of international humanitarian law that incur individual criminal liability under international criminal law. The laws of war are primarily defined by the Geneva Conventions and Additional Protocols I and II, which restrict the conduct of armed conflict and the means and methods of warfare.135 Article 3, common to all four Geneva Conventions, is binding on all states, including Myanmar, and governs the treatment of civilians and other non-combatants during non-international armed conflicts, i.e., civil wars.136 Additional Protocol I to the Geneva Convention applies to international armed conflicts, and Additional Protocol II applies to non-international armed conflicts. Although Myanmar has neither signed nor ratified Additional Protocol II, provisions of the instrument are widely accepted as customary international law applicable, therefore, to all parties to armed conflicts in Myanmar. A cornerstone of the laws of war is the principle of distinction, requiring parties to armed conflict to differentiate between civilians and combatants, directing attacks solely at the latter.137 Second, the principle of precaution under the laws 134 International humanitarian law is largely defined by the Geneva Conventions. Though Myanmar is not a party to Protocol II, the Geneva Conventions are considered part of customary international law and thus binding on all states. Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), adopted August 12, 1949, 75 U.N.T.S. 287, entered into force October 21, 1950, ratified by Myanmar August 25, 1992, Art. 3 [Common Article 3]. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 1125 U.N.T.S. 609, entered into force December 7, 1978, not signed by Myanmar. 135 Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), adopted August 12, 1949, 75 U.N.T.S. 287, entered into force October 21, 1950, ratified by Myanmar August 25, 1992, Art. 3 [Common Article 3]. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol II), 1125 U.N.T.S. 609, entered into force December 7, 1978, not signed by Myanmar. 136 Common Article 3 and Protocols I and II. The norms enshrined in Protocols I and II represent an important codification of customary law rather than treaty obligations. Customary humanitarian law in relation to the conduct of hostilities is now recognized as largely the same in situations of both international and non-international armed conflict. Although Common Article 3 does not define “non-international armed conflict,” the International Criminal Tribunal for the former Yugoslavia defined it as ‘protracted armed violence between governmental authorities and organised armed groups or between such groups within a State.’ See, Prosecutor v. Duško Tadić, International Criminal Tribunal for the Former Yugoslavia (ICTY), Case No. IT-94-1-AR72, Decision (Appeals Chamber), October 2, 1995, para. 70. 137 Protocol II, Art. 13(2).