The Protection of Mental Health under International Humanitarian Law

Armed conflicts have a profoundly detrimental effect on mental health. Despite this, a comprehensive study on how International Humanitarian Law (‘ihl’) protects mental health is missing. This paper fills this research gap, identifying six main ways ihl tries to safeguard the mental health of those experiencing war. First, ihl protects the mental health of persons under the power of the adverse Party. Second, ihl protects persons who, because of psychological trauma, need medical assistance and care. Third, ihl prohibits psychological torture and ill-treatment. Fourth, ihl limits the type of mental harm that Parties to the conflict can inflict on civilians. Fifth, ihl forbids means and methods of warfare that cause unnecessary mental suffering. Sixth, ihl protects medical and humanitarian workers who provide mental health and psychosocial support. The analysis reveals that the drafters of ihl treaties were already aware, at least to some extent, of the importance of mental health; that various ihl norms aim to preserve mental health; and that the increasing acceptance of mental health as an integral part of health is influencing the interpretation of ihl.