Basic principles of international humanitarian law international humanitarian law has mainly two basic foundation principles the principle of humanity and the principle of military necessity finding the balance between these two principles is the role which can be loosely described by the legislature the state shall adopt the convention regarding the international humanitarian law or contribute through their practice for the formation of customary international law rule that applies . International humanitarian law is based on two foundational principles the principle of humanity and the principle of military necessity the principle of humanity attempts to humanise the conduct of war by imposing limits on the means and methods of warfare by according protection to certain categories of persons by requiring humane treatment of captured persons and in general by limiting or mitigating unnecessary suffering the principle of humanity was first proclaimed in the . International humanitarian law is founded upon the following principles distinction between civilians and combatants prohibition of attacks against those hors de combat prohibition on the infliction of unnecessary suffering principle of proportionality notion of necessity principle of humanity. Fundamental principles of ihl international humanitarian law is the branch of international law that seeks to impose limits on the destruction and suffering caused by armed conflict it establishes in the words of art 22 of the hague regulations that the right of belligerents to adopt means of injuring the enemy is not unlimited