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International humanitarian law

International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello).[1][2] It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.

International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice.[3] Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law.[2][4] It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning non-combatants. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and alleviating human suffering.[3]

Serious violations of international humanitarian law are called war crimes. International humanitarian law, jus in bello, regulates the conduct of forces when engaged in war or armed conflict. It is distinct from jus ad bellum which regulates the conduct of engaging in war or armed conflict and includes the crime of aggression. Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg trials. IHL operates on a strict division between rules applicable in international armed conflict and internal armed conflict.[5]

International humanitarian law is traditionally seen as distinct from international human rights law (which governs the conduct of a state towards its people), although the two branches of law are complementary and in some ways overlap.[6][7][8]

The Law of Geneva and The Law of The Hague edit

Modern international humanitarian law is made up of two historical streams:

  1. The law of The Hague, referred to in the past as the law of war proper; and
  2. The law of Geneva, or humanitarian law.[9]

The two streams take their names from a number of international conferences which drew up treaties relating to war and conflict, in particular the Hague Conventions of 1899 and 1907, and the Geneva Conventions, the first of which was drawn up in 1863. Both deal with jus in bello, which deals with the question of whether certain practices are acceptable during armed conflict.[10]

The Law of The Hague, or the laws of war proper, "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm".[11] In particular, it concerns itself with

  • the definition of combatants;
  • establishes rules relating to the means and methods of warfare;
  • and examines the issue of military objectives.[12]

Systematic attempts to limit the savagery of warfare only began to develop in the 19th century. Such concerns were able to build on the changing view of warfare by states influenced by the Age of Enlightenment. The purpose of warfare was to overcome the enemy state, which could be done by disabling the enemy combatants. Thus, "the distinction between combatants and civilians, the requirement that wounded and captured enemy combatants must be treated humanely, and that quarter must be given, some of the pillars of modern humanitarian law, all follow from this principle".[13]

The Law of Geneva edit

Fritz Munch sums up historical military practice before 1800: "The essential points seem to be these: In battle and in towns taken by force, combatants and non-combatants were killed and property was destroyed or looted."[14] In the 17th century, the Dutch jurist Hugo Grotius, widely regarded as the founder or father of public international law, wrote that "wars, for the attainment of their objects, it cannot be denied, must employ force and terror as their most proper agents".[15]

Humanitarian norms in history edit

Even in the midst of the carnage of history, however, there have been frequent expressions and invocation of humanitarian norms for the protection of the victims of armed conflicts: the wounded, the sick and the shipwrecked. These date back to ancient times.[16]

In the Old Testament, the King of Israel prevents the slaying of the captured, following the prophet Elisha's admonition to spare enemy prisoners. In answer to a question from the King, Elisha said, "You shall not slay them. Would you slay those whom you have taken captive with your sword and with your bow? Set bread and water before them, that they may eat and drink and go to their master."[17]

In ancient India there are records (the Laws of Manu, for example) describing the types of weapons that should not be used: "When he fights with his foes in battle, let him not strike with weapons concealed (in wood), nor with (such as are) barbed, poisoned, or the points of which are blazing with fire."[18] There is also the command not to strike a eunuch nor the enemy "who folds his hands in supplication ... Nor one who sleeps, nor one who has lost his coat of mail, nor one who is naked, nor one who is disarmed, nor one who looks on without taking part in the fight."[19]

Islamic law states that "non-combatants who did not take part in fighting such as women, children, monks and hermits, the aged, blind, and insane" were not to be molested.[20] The first Caliph, Abu Bakr, proclaimed, "Do not mutilate. Do not kill little children or old men or women. Do not cut off the heads of palm trees or burn them. Do not cut down fruit trees. Do not slaughter livestock except for food."[21] Islamic jurists have held that a prisoner should not be killed, as he "cannot be held responsible for mere acts of belligerency".[22] However, the prohibition against killing non-combatants is not necessarily absolute in Islamic Law. For example, in situations where an "enemy retreats inside fortifications and one-to-one combat is not an option", Islamic jurists have been unanimous as to the permissibility on the use of less discriminating weapons such as mangonels (a weapon for catapulting large stones) if required by military necessity but have differed with respect to the use of fire in such cases. [23]

Codification of humanitarian norms edit

The most important antecedent of IHL is the current Armistice Agreement and Regularization of War, signed and ratified in 1820 between the authorities of the then Government of Great Colombia and the Chief of the Expeditionary Forces of the Spanish Crown, in the Venezuelan city of Santa Ana de Trujillo. This treaty was signed under the conflict of Independence, being the first of its kind in the West.

It was not until the second half of the 19th century, however, that a more systematic approach was initiated. In the United States, a German immigrant, Francis Lieber, drew up a code of conduct in 1863, which came to be known as the Lieber Code, for the Union Army during the American Civil War. The Lieber Code included the humane treatment of civilian populations in areas of conflict, and also forbade the execution of POWs.

At the same time, the involvement during the Crimean War of a number of such individuals as Florence Nightingale and Henry Dunant, a Genevese businessman who had worked with wounded soldiers at the Battle of Solferino, led to more systematic efforts to prevent the suffering of war victims. Dunant wrote a book, which he titled A Memory of Solferino, in which he described the horrors he had witnessed. His reports were so shocking that they led to the founding of the International Committee of the Red Cross (ICRC) in 1863, and the convening of a conference in Geneva in 1864, which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field.[24]

The Law of Geneva is directly inspired by the principle of humanity. It relates to those who are not participating in the conflict, as well as to military personnel hors de combat. It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the ICRC.[25] This focus can be found in the Geneva Conventions.

Geneva Conventions edit

 
The First Geneva Convention of 1864.
 
Progression of Geneva Conventions from 1864 to 1949.

The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949. It focused on the protection of civilians and those who can no longer fight in an armed conflict. As a result of World War II, all four conventions were revised, based on previous revisions and on some of the 1907 Hague Conventions, and readopted by the international community in 1949. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars.

The first three Geneva Conventions were revised, expanded, and replaced, and the fourth one was added, in 1949.

There are three additional amendment protocols to the Geneva Convention:

  1. Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.
  2. Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by 163 countries.
  3. Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by seventeen countries and signed but not yet ratified by an additional 68.

The Geneva Conventions of 1949 may be seen, therefore, as the result of a process which began in 1864. Today they have "achieved universal participation with 194 parties". This means that they apply to almost any international armed conflict.[29] The Additional Protocols, however, have yet to achieve near-universal acceptance, since the United States and several other significant military powers (like Iran, Israel, India and Pakistan) are currently not parties to them.[30]

Historical convergence between IHL and the laws of war edit

With the adoption of the 1977 Additional Protocols to the Geneva Conventions, the two strains of law began to converge, although provisions focusing on humanity could already be found in the Hague law (i.e. the protection of certain prisoners of war and civilians in occupied territories). The 1977 Additional Protocols, relating to the protection of victims in both international and internal conflict, not only incorporated aspects of both the Law of The Hague and the Law of Geneva, but also important human rights provisions.[31]

Basic rules of IHL edit

  1. Protected persons are those hors de combat (outside of combat) or not taking part in hostilities in a situation of armed conflict, and shall be protected in all circumstances. Excluding from the list of protected persons in international armed conflict are civilians under their own national authority and neutral citizens living in belligerent territory and co-belligerent persons as long their state of nationality maintains diplomatic relations with a belligerent power.[32]
  2. Protected persons who are wounded and sick shall be cared for and protected by the party to the conflict which has them in its power. The emblem of the "Red Cross", or of the "Red Crescent," shall be required to be respected as the sign of protection.
  3. Protected persons captured by a belligerent must be protected against acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.[32]
  4. No protected person shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.[32]
  5. Parties to a conflict do not have an unlimited choice of methods and means of warfare.
  6. Parties to a conflict shall at all times distinguish between enemy combatants and protected persons. Attacks shall be directed solely against legitimate military targets.[33]

Examples edit

Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross. It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In either case, the persons protected by the Red Cross or the white flag are expected to maintain neutrality, and may not engage in warlike acts themselves; engaging in war activities under a white flag or a red cross is itself a violation of the laws of war.

These examples of the laws of war address:

  • declarations of war;[a]
  • acceptance of surrender;
  • the treatment of prisoners of war;
  • the avoidance of atrocities;
  • the prohibition on deliberately attacking non-combatants; and
  • the prohibition of certain inhumane weapons.

It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of a distinctive uniform or other easily identifiable badge, and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful perfidy, as is the taking of hostages.

Later additions edit

International humanitarian law now includes several treaties that outlaw specific weapons. These conventions were created largely because these weapons cause deaths and injuries long after conflicts have ended. Unexploded land mines have caused up to 7,000 deaths a year; unexploded bombs, particularly from cluster bombs that scatter many small "bomblets", have also killed many. An estimated 98% of the victims are civilian; farmers tilling their fields and children who find these explosives have been common victims. For these reasons, the following conventions have been adopted:

International Committee of the Red Cross edit

 
Emblem of the ICRC

The ICRC is the only institution explicitly named under international humanitarian law as a controlling authority. The legal mandate of the ICRC stems from the four Geneva Conventions of 1949, as well as from its own Statutes.

The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance.

— Mission of ICRC

Violations and punishment edit

During conflict, punishment for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal.

Combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war, but only after facing a "competent tribunal".[34] At that point, they become unlawful combatants, but must still be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", because they are still covered by GC IV, Article 5.

Spies and terrorists are only protected by the laws of war if the "power" which holds them is in a state of armed conflict or war, and until they are found to be an "unlawful combatant". Depending on the circumstances, they may be subject to civilian law or a military tribunal for their acts. In practice, they have often have been subjected to torture and execution. The laws of war neither approve nor condemn such acts, which fall outside their scope.[citation needed] Spies may only be punished following a trial; if captured after rejoining their own army, they must be treated as prisoners of war.[35] Suspected terrorists who are captured during an armed conflict, without having participated in the hostilities, may be detained only in accordance with the GC IV, and are entitled to a regular trial.[36] Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason.

After a conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law.

Key provisions and principles applicable to civilians edit

The Fourth Geneva Convention focuses on the civilian population. The two additional protocols adopted in 1977 extend and strengthen civilian protection in international (AP I) and non-international (AP II) armed conflict: for example, by introducing the prohibition of direct attacks against civilians. A "civilian" is defined as "any person not belonging to the armed forces", including non-nationals and refugees.[37] However, it is accepted that operations may cause civilian casualties. Luis Moreno Ocampo, chief prosecutor of the international criminal court, wrote in 2006: "International humanitarian law and the Rome statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) ... or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality)."[38]

The provisions and principles of IHL which seek to protect civilians are:[39]

IHL provisions and principles protecting civilians edit

Principle of distinction edit

The principle of distinction protects civilian population and civilian objects from the effects of military operations. It requires parties to an armed conflict to distinguish at all times, and under all circumstances, between combatants and military objectives on the one hand, and civilians and civilian objects on the other; and only to target the former. It also provides that civilians lose such protection should they take a direct part in hostilities.[40] The principle of distinction has also been found by the ICRC to be reflected in state practice; it is therefore an established norm of customary international law in both international and non-international armed conflicts.[41]

Necessity and proportionality edit

Necessity and proportionality are established principles in humanitarian law. Under IHL, a belligerent may apply only the amount and kind of force necessary to defeat the enemy. Further, attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated.[42] Every feasible precaution must be taken by commanders to avoid civilian casualties.[43] The principle of proportionality has also been found by the ICRC to form part of customary international law in international and non-international armed conflicts.[44]

Principle of humane treatment edit

The principle of humane treatment requires that civilians be treated humanely at all times.[45] Common Article 3 of the GCs prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial against non-combatants, including persons hors de combat (wounded, sick and shipwrecked). Civilians are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs.[46] This principle of humane treatment has been affirmed by the ICRC as a norm of customary international law, applicable in both international and non-international armed conflicts.[44]

Principle of non-discrimination edit

The principle of non-discrimination is a core principle of IHL. Adverse distinction based on race, sex, nationality, religious belief or political opinion is prohibited in the treatment of prisoners of war,[47] civilians,[48] and persons hors de combat.[49] All protected persons shall be treated with the same consideration by parties to the conflict, without distinction based on race, religion, sex or political opinion.[50] Each and every person affected by armed conflict is entitled to his fundamental rights and guarantees, without discrimination.[46] The prohibition against adverse distinction is also considered by the ICRC to form part of customary international law in international and non-international armed conflict.[44]

Women and children edit

Women must be protected from rape, forced prostitution and from any form of indecent assault. Children under the age of eighteen must not be permitted to take part in hostilities, cannot be evacuated to a foreign country by a country other than theirs, except temporarily due to a compelling threat to their health and safety, and if orphaned or separated from their families, must be maintained and receive an education.[51]

Sex and culture edit

Sex edit

IHL emphasises, in various provisions in the GCs and APs, the concept of formal equality and non-discrimination. Protections should be provided "without any adverse distinction founded on sex". For example, with regard to female prisoners of war, women are required to receive treatment "as favourable as that granted to men".[52] In addition to claims of formal equality, IHL mandates special protections to women, providing female prisoners of war with separate dormitories from men, for example,[53] and prohibiting sexual violence against women.[54]

The reality of women's and men's lived experiences of conflict has highlighted some of the gender limitations of IHL. Feminist critics have challenged IHL's focus on male combatants and its relegation of women to the status of victims, and its granting them legitimacy almost exclusively as child-rearers. A study of the 42 provisions relating to women within the Geneva Conventions and the Additional Protocols found that almost half address women who are expectant or nursing mothers.[55] Others have argued that the issue of sexual violence against men in conflict has not yet received the attention it deserves.[56]

Soft-law instruments have been relied on to supplement the protection of women in armed conflict:

  • UN Security Council Resolutions 1888 and 1889 (2009), which aim to enhance the protection of women and children against sexual violations in armed conflict; and
  • Resolution 1325, which aims to improve the participation of women in post-conflict peacebuilding.

Read together with other legal mechanisms, in particular the UN Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), these can enhance interpretation and implementation of IHL.

In addition, international criminal tribunals (like the International Criminal Tribunals for the former Yugoslavia and Rwanda) and mixed tribunals (like the Special Court for Sierra Leone) have contributed to expanding the scope of definitions of sexual violence and rape in conflict. They have effectively prosecuted sexual and gender-based crimes committed during armed conflict. There is now well-established jurisprudence on gender-based crimes. Nonetheless, there remains an urgent need to further develop constructions of gender within international humanitarian law.[57]

Culture edit

IHL has generally not been subject to the same debates and criticisms of "cultural relativism" as have international human rights. Although the modern codification of IHL in the Geneva Conventions and the Additional Protocols is relatively new, and European in name, the core concepts are not new, and laws relating to warfare can be found in all cultures. Indeed, non-Western participants played important roles in the development of this area of law at the global level as early as the 1907 Second Hague Conference, and have continued to do so since.[58]

ICRC studies on the Middle East, Somalia, Latin America, and the Pacific, for example have found that there are traditional and long-standing practices in various cultures that preceded, but are generally consistent with, modern IHL. It is important to respect local and cultural practices that are in line with IHL. Relying on these links and on local practices can help to promote awareness of and adherence to IHL principles among local groups and communities.[citation needed]

Durham cautions that, although traditional practices and IHL legal norms are largely compatible, it is important not to assume perfect alignment. There are areas in which legal norms and cultural practices clash. Violence against women, for example, is frequently legitimised by arguments from culture, and yet is prohibited in IHL and other international law. In such cases, it is important to ensure that IHL is not negatively affected.

Notes edit

  1. ^ The UN Charter (1945) Article 2, and some other Articles in the charter, curtails the right of member states to declare war, as does the older and toothless Kellogg-Briand Pact of 1928 for those nations who ratified it, but used against Germany and Japan in the Nuremberg and Tokyo Trials respectively.
  2. ^ As of December 2012, 109 states have ratified this convention or some of its provisions.
  3. ^ By late 2012, 160 states had ratified it.
  4. ^ It has, as of December 2012, been ratified by 150 states.
  5. ^ By December 2012, 77 states had ratified it.

References edit

Citations edit

  1. ^ The law of armed conflict : an operational approach. Corn, Geoffrey S. New York: Wolters Kluwer Law & Business. 2012. ISBN 9781454806905. OCLC 779607396.{{cite book}}: CS1 maint: others (link)
  2. ^ a b Law of Armed Conflict Deskbook (PDF). Charlottesville, VA: The United States Army Judge Advocate General's Legal Center and School. 2016.
  3. ^ a b "Topic Guide Archive". GSDRC. Retrieved August 27, 2019.
  4. ^ ICRCWhat is international humanitarian law? 2007-03-20 at the Wayback Machine
  5. ^ Stewart, James (June 30, 2003). "Towards a Single Definition of Armed Conflict in International Humanitarian Law". International Review of the Red Cross. 850: 313–350. doi:10.1017/S1560775500115196. SSRN 1946414.
  6. ^ Ben-Naftali, Orna (2011). International Humanitarian Law and International Human Rights Law. Oxford University Press. ISBN 978-0-19-100160-4.
  7. ^ "What is the difference between IHL and human rights law?". ICRC. October 30, 2015. {{cite journal}}: Cite journal requires |journal= (help)
  8. ^ "IHL and human rights law". ICRC. June 27, 2016. {{cite journal}}: Cite journal requires |journal= (help)
  9. ^ Pictet, Jean (1975). Humanitarian law and the protection of war victims. Leyden: Sijthoff. pp. 16–17. ISBN 90-286-0305-0.
  10. ^ The Program for Humanitarian Policy and Conflict Research at Harvard University, "Brief Primer on IHL," Accessed at IHL.ihlresearch.or 2010-04-19 at the Wayback Machine
  11. ^ Pictet, Jean (1985). Development and Principles of International Law. Dordrecht: Martinus Nijhoff. p. 2. ISBN 90-247-3199-2. from the original on February 26, 2014. Retrieved November 11, 2016.
  12. ^ Kalshoven, Frits; Liesbeth Zegveld (March 2001). Constraints on the waging of war: An introduction to international humanitarian law. Geneva: ICRC. p. 40. from the original on October 8, 2007. Retrieved March 10, 2008.
  13. ^ Greenwood, Christopher (2008). Fleck, Dieter (ed.). The Handbook of Humanitarian Law in Armed Conflicts. USA: Oxford University Press. p. 20. ISBN 978-0-19-923250-5.
  14. ^ "Fritz Munch, History of the Laws of War, in: R. Bernhardt (ed.), Encyclopedia of Public International Law Volume IV (2000), pp. 1386–8.
  15. ^ "Grotius, Book 3, Chapter 1:VI". from the original on April 30, 2009. Retrieved February 4, 2009.
  16. ^ Bernhardt, Rudolf (1992). Encyclopedia of public international law. Vol. 2. Amsterdam: North-Holland. pp. 933–936. ISBN 0-444-86245-5.
  17. ^ "II Kings 6:21-23". from the original on July 10, 2011. Retrieved February 5, 2009.
  18. ^ "The Laws of Manu VII.90". from the original on May 30, 2009. Retrieved February 4, 2009.
  19. ^ The Laws of Manu VII.91-92 2009-05-30 at the Wayback Machine See also, Singh, Nagendra: "Armed conflicts and humanitarian laws of ancient India," in C. Swinarski (1985). Studies and Essays on International Humanitarian Law and Red Cross Principles. The Hague: Kluwer Law International. pp. 531–536. ISBN 90-247-3079-1.
  20. ^ Khadduri, Majid (2006). War And Peace in the Law of Islam. New York, NY: Lawbook Exchange. ISBN 1-58477-695-1.pp. 103–4.
  21. ^ Hashmi, Sohail H. (2002). Islamic political ethics: civil society, pluralism, and conflict. Princeton, N.J: Princeton University Press. ISBN 0-691-11310-6. p. 211
  22. ^ McCoubrey, Hilaire (1999). International Humanitarian Law. Aldershot, UK: Ashgate Publishing. ISBN 1-84014-012-7. pp. 8–13
  23. ^ al-Dawoody, Ahmed (2020). Islamic Law and International Humanitarian Law. Sarajevo: Faculty of Islamic Studies - University in Sarajevo, ICRC. ISBN 978-9958-622-86-1. p. 13
  24. ^ Greenwood, Christopher (2008). Fleck, Dieter (ed.). The Handbook of Humanitarian Law in Armed Conflicts. USA: Oxford University Press. p. 22. ISBN 978-0-19-923250-5.
  25. ^ Pictet (1985) p.2. Martinus Nijhoff Publishers. September 30, 1985. ISBN 9789024731992. from the original on February 26, 2014. Retrieved November 11, 2016.
  26. ^ "Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 6 July 1906". International Committee of the Red Cross. from the original on February 22, 2014. Retrieved July 20, 2013.
  27. ^ . Archived from the original on February 21, 2014. Retrieved August 7, 2013.
  28. ^ David P. Forsythe (June 17, 2007). The International Committee of the Red Cross: A Neutral Humanitarian Actor. Routledge. p. 43. ISBN 978-0-415-34151-6.
  29. ^ Greenwood, Christopher (2008). Fleck, Dieter (ed.). The Handbook of Humanitarian Law in Armed Conflicts. USA: Oxford University Press. pp. 27–28. ISBN 978-0-19-923250-5.
  30. ^ "{title}". from the original on July 18, 2013. Retrieved May 13, 2013.
  31. ^ "Kalshoven+Zegveld (2001) p. 34". from the original on October 8, 2007. Retrieved March 10, 2008.
  32. ^ a b c "The Practical Guide to Humanitarian Law: Protected Persons". Médecins Sans Frontières.
  33. ^ de Preux (1988). Basic rules of the Geneva Conventions and their Additional Protocols, 2nd edition. Geneva: ICRC. p. 1.
  34. ^ GC III Art 5.
  35. ^ http://www.icrc.org/ihl.nsf/full/195 2012-09-11 at the Wayback Machine Articles 30 and 31
  36. ^ "Foreign Press Centers". United States Department of State. Retrieved August 27, 2019.
  37. ^ AP I, Art 50(1).
  38. ^ "Cited in an article in The Guardian newspaper". TheGuardian.com. July 20, 2014. from the original on August 7, 2017. Retrieved December 11, 2016.
  39. ^ "Overview of international humanitarian law". GSDRC. January 2013. Retrieved August 27, 2019.
  40. ^ AP I, Arts 48, 51-52, 57; AP II, 13-16.
  41. ^ ICRC, 2005b, vol 1.
  42. ^ AP I, Arts 35, 51(5).
  43. ^ AP 1, Arts 57, 58.
  44. ^ a b c ICRC, 2005b, vol. 1.
  45. ^ GCIV, Art 27.
  46. ^ a b API, Art 75(1).
  47. ^ GCIII, Art 16.
  48. ^ GCIV, Art 13, common Article 3.
  49. ^ Common Article 3.
  50. ^ Common article 3, GCIV, Art 27.
  51. ^ GCIV, Arts 24, 27; API, Arts 76-78; APII, Art 4(3).
  52. ^ GCIII, Arts 14, 16.
  53. ^ GCIII, Art 25.
  54. ^ GCIV, Art27; API, Art 76(2); APII, Art 4(2).
  55. ^ Gardam and Jarvis, cited in Durham and O'Bryne, 2010.
  56. ^ Lewis, cited in Durham and O'Bryne, 2010.
  57. ^ See Barrow, 2010.
  58. ^ Mitchell, Ryan Martínez. "China's participation in the second Hague conference and the concept of equal sovereignty in international law." Asian Journal of International Law 11, no. 2 (2021): 351-371.

Sources edit

  • Carey, John; Dunlap, William (2003). International Humanitarian Law: Origins (International Humanitarian Law) (International Humanitarian Law). Dobbs Ferry, N.Y: Transnational Pub. ISBN 1-57105-264-X.
  • Gardam, Judith Gail (1999). Humanitarian Law (The Library of Essays in International Law). Ashgate Pub Ltd. ISBN 1-84014-400-9.
  • Fleck, Dieter (2008). The Handbook of International Humanitarian Law. Second Edition. Oxford University Press, USA. ISBN 978-0-19-923250-5.
  • Forsythe, David P. (2005). The humanitarians: the International Committee of the Red Cross. Cambridge, UK: Cambridge University Press. ISBN 0-521-84828-8.
  • Heider, Huma. "International Legal Framework for Humanitarian Action". GSDRC/ DFiD. Retrieved May 13, 2013.
  • Mendis, Chinthaka [Edited by Hemamal Jayawardena] (2007). Application of International Humanitarian Law to United Nations Forces. USA: Zeilan Press. p. 108. ISBN 978-0-9793624-3-9. {{cite book}}: |author= has generic name (help)
  • McCoubrey, Hilaire (1999). International Humanitarian Law. Aldershot, UK: Ashgate Publishing. ISBN 1-84014-012-7.
  • Pictet, Jean (1975). Humanitarian law and the protection of war victims. Leyden: Sijthoff. ISBN 90-286-0305-0.
  • Pictet, Jean (1985). Development and Principles of International Humanitarian Law. Dordrecht: Martinus Nijhoff. ISBN 90-247-3199-2.
  • UNESCO Staff (1997). International Dimensions of Humanitarian Law. Berlin: Springer. ISBN 92-3-102371-3.

Further reading edit

  • Clapham, Andrew; Gaeta, Paola; Haeck, Tom; Priddy, Alice (2014). The Oxford Handbook of International Law in Armed Conflict. Oxford University Press. ISBN 978-0-19-955969-5.
  • Crawford, Emily; Pert, Alison (2020). International Humanitarian Law. Cambridge University Press. ISBN 978-1-108-57514-0.
  • Crowe, Jonathan; Weston-Scheuber, Kylie (2013). Principles of International Humanitarian Law. Edward Elgar Publishing. ISBN 978-1-78100-273-5.
  • Fleck, Dieter (2021). The Handbook of International Humanitarian Law. Oxford University Press. ISBN 978-0-19-258719-0.
  • Kalshoven, Frits; Zegveld, Liesbeth (2011). Constraints on the Waging of War: An Introduction to International Humanitarian Law. Cambridge University Press. ISBN 978-1-139-49969-9.
  • Solis, Gary D. (2021). The Law of Armed Conflict: International Humanitarian Law in War. Cambridge University Press. ISBN 978-1-108-83163-5.
  • Thürer, Daniel (2011). International Humanitarian Law: Theory, Practice, Context. Martinus Nijhoff Publishers. ISBN 978-90-04-17910-3.

External links edit

international, humanitarian, confused, with, international, human, rights, also, referred, laws, armed, conflict, that, regulates, conduct, bello, branch, international, that, seeks, limit, effects, armed, conflict, protecting, persons, participating, hostilit. Not to be confused with International human rights law International humanitarian law IHL also referred to as the laws of armed conflict is the law that regulates the conduct of war jus in bello 1 2 It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering It comprises a set of rules which is established by treaty or custom and that seeks to protect persons and property objects that are or may be affected by armed conflict and it limits the rights of parties to a conflict to use methods and means of warfare of their choice 3 Sources of international law include international agreements the Geneva Conventions customary international law general principles of nations and case law 2 4 It defines the conduct and responsibilities of belligerent nations neutral nations and individuals engaged in warfare in relation to each other and to protected persons usually meaning non combatants It is designed to balance humanitarian concerns and military necessity and subjects warfare to the rule of law by limiting its destructive effect and alleviating human suffering 3 Serious violations of international humanitarian law are called war crimes International humanitarian law jus in bello regulates the conduct of forces when engaged in war or armed conflict It is distinct from jus ad bellum which regulates the conduct of engaging in war or armed conflict and includes the crime of aggression Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts The law is mandatory for nations bound by the appropriate treaties There are also other customary unwritten rules of war many of which were explored at the Nuremberg trials IHL operates on a strict division between rules applicable in international armed conflict and internal armed conflict 5 International humanitarian law is traditionally seen as distinct from international human rights law which governs the conduct of a state towards its people although the two branches of law are complementary and in some ways overlap 6 7 8 Contents 1 The Law of Geneva and The Law of The Hague 2 The Law of Geneva 2 1 Humanitarian norms in history 2 2 Codification of humanitarian norms 3 Geneva Conventions 4 Historical convergence between IHL and the laws of war 5 Basic rules of IHL 5 1 Examples 6 Later additions 7 International Committee of the Red Cross 8 Violations and punishment 9 Key provisions and principles applicable to civilians 9 1 IHL provisions and principles protecting civilians 9 1 1 Principle of distinction 9 1 2 Necessity and proportionality 9 1 3 Principle of humane treatment 9 1 4 Principle of non discrimination 9 1 5 Women and children 10 Sex and culture 10 1 Sex 10 2 Culture 11 Notes 12 References 12 1 Citations 12 2 Sources 13 Further reading 14 External linksThe Law of Geneva and The Law of The Hague editMain article Laws of WarModern international humanitarian law is made up of two historical streams The law of The Hague referred to in the past as the law of war proper and The law of Geneva or humanitarian law 9 The two streams take their names from a number of international conferences which drew up treaties relating to war and conflict in particular the Hague Conventions of 1899 and 1907 and the Geneva Conventions the first of which was drawn up in 1863 Both deal with jus in bello which deals with the question of whether certain practices are acceptable during armed conflict 10 The Law of The Hague or the laws of war proper determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm 11 In particular it concerns itself with the definition of combatants establishes rules relating to the means and methods of warfare and examines the issue of military objectives 12 Systematic attempts to limit the savagery of warfare only began to develop in the 19th century Such concerns were able to build on the changing view of warfare by states influenced by the Age of Enlightenment The purpose of warfare was to overcome the enemy state which could be done by disabling the enemy combatants Thus the distinction between combatants and civilians the requirement that wounded and captured enemy combatants must be treated humanely and that quarter must be given some of the pillars of modern humanitarian law all follow from this principle 13 The Law of Geneva editFritz Munch sums up historical military practice before 1800 The essential points seem to be these In battle and in towns taken by force combatants and non combatants were killed and property was destroyed or looted 14 In the 17th century the Dutch jurist Hugo Grotius widely regarded as the founder or father of public international law wrote that wars for the attainment of their objects it cannot be denied must employ force and terror as their most proper agents 15 Humanitarian norms in history edit Even in the midst of the carnage of history however there have been frequent expressions and invocation of humanitarian norms for the protection of the victims of armed conflicts the wounded the sick and the shipwrecked These date back to ancient times 16 In the Old Testament the King of Israel prevents the slaying of the captured following the prophet Elisha s admonition to spare enemy prisoners In answer to a question from the King Elisha said You shall not slay them Would you slay those whom you have taken captive with your sword and with your bow Set bread and water before them that they may eat and drink and go to their master 17 In ancient India there are records the Laws of Manu for example describing the types of weapons that should not be used When he fights with his foes in battle let him not strike with weapons concealed in wood nor with such as are barbed poisoned or the points of which are blazing with fire 18 There is also the command not to strike a eunuch nor the enemy who folds his hands in supplication Nor one who sleeps nor one who has lost his coat of mail nor one who is naked nor one who is disarmed nor one who looks on without taking part in the fight 19 Islamic law states that non combatants who did not take part in fighting such as women children monks and hermits the aged blind and insane were not to be molested 20 The first Caliph Abu Bakr proclaimed Do not mutilate Do not kill little children or old men or women Do not cut off the heads of palm trees or burn them Do not cut down fruit trees Do not slaughter livestock except for food 21 Islamic jurists have held that a prisoner should not be killed as he cannot be held responsible for mere acts of belligerency 22 However the prohibition against killing non combatants is not necessarily absolute in Islamic Law For example in situations where an enemy retreats inside fortifications and one to one combat is not an option Islamic jurists have been unanimous as to the permissibility on the use of less discriminating weapons such as mangonels a weapon for catapulting large stones if required by military necessity but have differed with respect to the use of fire in such cases 23 Codification of humanitarian norms edit The most important antecedent of IHL is the current Armistice Agreement and Regularization of War signed and ratified in 1820 between the authorities of the then Government of Great Colombia and the Chief of the Expeditionary Forces of the Spanish Crown in the Venezuelan city of Santa Ana de Trujillo This treaty was signed under the conflict of Independence being the first of its kind in the West It was not until the second half of the 19th century however that a more systematic approach was initiated In the United States a German immigrant Francis Lieber drew up a code of conduct in 1863 which came to be known as the Lieber Code for the Union Army during the American Civil War The Lieber Code included the humane treatment of civilian populations in areas of conflict and also forbade the execution of POWs At the same time the involvement during the Crimean War of a number of such individuals as Florence Nightingale and Henry Dunant a Genevese businessman who had worked with wounded soldiers at the Battle of Solferino led to more systematic efforts to prevent the suffering of war victims Dunant wrote a book which he titled A Memory of Solferino in which he described the horrors he had witnessed His reports were so shocking that they led to the founding of the International Committee of the Red Cross ICRC in 1863 and the convening of a conference in Geneva in 1864 which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field 24 The Law of Geneva is directly inspired by the principle of humanity It relates to those who are not participating in the conflict as well as to military personnel hors de combat It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the ICRC 25 This focus can be found in the Geneva Conventions Geneva Conventions edit nbsp The First Geneva Convention of 1864 nbsp Progression of Geneva Conventions from 1864 to 1949 Main article Geneva Conventions The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949 It focused on the protection of civilians and those who can no longer fight in an armed conflict As a result of World War II all four conventions were revised based on previous revisions and on some of the 1907 Hague Conventions and readopted by the international community in 1949 Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars The first three Geneva Conventions were revised expanded and replaced and the fourth one was added in 1949 The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field was adopted in 1864 It was significantly revised and replaced by the 1906 version 26 the 1929 version and later the First Geneva Convention of 1949 27 The Geneva Convention for the Amelioration of the Condition of Wounded Sick and Shipwrecked Members of Armed Forces at Sea was adopted in 1906 28 It was significantly revised and replaced by the Second Geneva Convention of 1949 The Geneva Convention relative to the Treatment of Prisoners of War was adopted in 1929 It was significantly revised and replaced by the Third Geneva Convention of 1949 The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War was adopted in 1949 There are three additional amendment protocols to the Geneva Convention Protocol I 1977 Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts As of 12 January 2007 it had been ratified by 167 countries Protocol II 1977 Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of Non International Armed Conflicts As of 12 January 2007 it had been ratified by 163 countries Protocol III 2005 Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Adoption of an Additional Distinctive Emblem As of June 2007 it had been ratified by seventeen countries and signed but not yet ratified by an additional 68 The Geneva Conventions of 1949 may be seen therefore as the result of a process which began in 1864 Today they have achieved universal participation with 194 parties This means that they apply to almost any international armed conflict 29 The Additional Protocols however have yet to achieve near universal acceptance since the United States and several other significant military powers like Iran Israel India and Pakistan are currently not parties to them 30 Historical convergence between IHL and the laws of war editWith the adoption of the 1977 Additional Protocols to the Geneva Conventions the two strains of law began to converge although provisions focusing on humanity could already be found in the Hague law i e the protection of certain prisoners of war and civilians in occupied territories The 1977 Additional Protocols relating to the protection of victims in both international and internal conflict not only incorporated aspects of both the Law of The Hague and the Law of Geneva but also important human rights provisions 31 Basic rules of IHL editProtected persons are those hors de combat outside of combat or not taking part in hostilities in a situation of armed conflict and shall be protected in all circumstances Excluding from the list of protected persons in international armed conflict are civilians under their own national authority and neutral citizens living in belligerent territory and co belligerent persons as long their state of nationality maintains diplomatic relations with a belligerent power 32 Protected persons who are wounded and sick shall be cared for and protected by the party to the conflict which has them in its power The emblem of the Red Cross or of the Red Crescent shall be required to be respected as the sign of protection Protected persons captured by a belligerent must be protected against acts of violence and reprisals They shall have the right to correspond with their families and to receive relief 32 No protected person shall be subjected to torture or to cruel inhuman or degrading treatment or punishment 32 Parties to a conflict do not have an unlimited choice of methods and means of warfare Parties to a conflict shall at all times distinguish between enemy combatants and protected persons Attacks shall be directed solely against legitimate military targets 33 Examples edit Well known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross It is also prohibited to fire at a person or vehicle bearing a white flag since that being considered the flag of truce indicates an intent to surrender or a desire to communicate In either case the persons protected by the Red Cross or the white flag are expected to maintain neutrality and may not engage in warlike acts themselves engaging in war activities under a white flag or a red cross is itself a violation of the laws of war These examples of the laws of war address declarations of war a acceptance of surrender the treatment of prisoners of war the avoidance of atrocities the prohibition on deliberately attacking non combatants and the prohibition of certain inhumane weapons It is a violation of the laws of war to engage in combat without meeting certain requirements among them the wearing of a distinctive uniform or other easily identifiable badge and the carrying of weapons openly Impersonating soldiers of the other side by wearing the enemy s uniform is allowed though fighting in that uniform is unlawful perfidy as is the taking of hostages Later additions editInternational humanitarian law now includes several treaties that outlaw specific weapons These conventions were created largely because these weapons cause deaths and injuries long after conflicts have ended Unexploded land mines have caused up to 7 000 deaths a year unexploded bombs particularly from cluster bombs that scatter many small bomblets have also killed many An estimated 98 of the victims are civilian farmers tilling their fields and children who find these explosives have been common victims For these reasons the following conventions have been adopted The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects 1980 which prohibits weapons that produce non detectable fragments restricts but does not eliminate the use of mines and booby traps prohibits attacking civilians with incendiary weapons prohibits blinding laser weapons and requires the warring parties to clear unexploded ordnance at the end of hostilities b The Convention on the Prohibition of the Use Stockpiling Production and Transfer of Anti Personnel Mines and on their Destruction 1997 also called the Ottawa Treaty or the Mine Ban Treaty which completely bans the stockpiling except to a limited degree for training purposes and use of all anti personnel land mines c The Optional Protocol on the Involvement of Children in Armed Conflict 2000 an amendment to the Convention on the Rights of the Child 1989 which forbids the enlistment of anyone under the age of eighteen for armed conflict d and The Convention on Cluster Munitions 2008 which prohibits the use of bombs that scatter bomblets many of which do not explode and remain dangerous long after a conflict has ended e International Committee of the Red Cross edit nbsp Emblem of the ICRCMain article International Committee of the Red Cross The ICRC is the only institution explicitly named under international humanitarian law as a controlling authority The legal mandate of the ICRC stems from the four Geneva Conventions of 1949 as well as from its own Statutes The International Committee of the Red Cross ICRC is an impartial neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance Mission of ICRCViolations and punishment editDuring conflict punishment for violating the laws of war may consist of a specific deliberate and limited violation of the laws of war in reprisal Combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war but only after facing a competent tribunal 34 At that point they become unlawful combatants but must still be treated with humanity and in case of trial shall not be deprived of the rights of fair and regular trial because they are still covered by GC IV Article 5 Spies and terrorists are only protected by the laws of war if the power which holds them is in a state of armed conflict or war and until they are found to be an unlawful combatant Depending on the circumstances they may be subject to civilian law or a military tribunal for their acts In practice they have often have been subjected to torture and execution The laws of war neither approve nor condemn such acts which fall outside their scope citation needed Spies may only be punished following a trial if captured after rejoining their own army they must be treated as prisoners of war 35 Suspected terrorists who are captured during an armed conflict without having participated in the hostilities may be detained only in accordance with the GC IV and are entitled to a regular trial 36 Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason After a conflict has ended persons who have committed any breach of the laws of war and especially atrocities may be held individually accountable for war crimes through process of law Key provisions and principles applicable to civilians editThe Fourth Geneva Convention focuses on the civilian population The two additional protocols adopted in 1977 extend and strengthen civilian protection in international AP I and non international AP II armed conflict for example by introducing the prohibition of direct attacks against civilians A civilian is defined as any person not belonging to the armed forces including non nationals and refugees 37 However it is accepted that operations may cause civilian casualties Luis Moreno Ocampo chief prosecutor of the international criminal court wrote in 2006 International humanitarian law and the Rome statute permit belligerents to carry out proportionate attacks against military objectives even when it is known that some civilian deaths or injuries will occur A crime occurs if there is an intentional attack directed against civilians principle of distinction or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage principle of proportionality 38 The provisions and principles of IHL which seek to protect civilians are 39 IHL provisions and principles protecting civilians edit Principle of distinction edit The principle of distinction protects civilian population and civilian objects from the effects of military operations It requires parties to an armed conflict to distinguish at all times and under all circumstances between combatants and military objectives on the one hand and civilians and civilian objects on the other and only to target the former It also provides that civilians lose such protection should they take a direct part in hostilities 40 The principle of distinction has also been found by the ICRC to be reflected in state practice it is therefore an established norm of customary international law in both international and non international armed conflicts 41 Necessity and proportionality edit Necessity and proportionality are established principles in humanitarian law Under IHL a belligerent may apply only the amount and kind of force necessary to defeat the enemy Further attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated 42 Every feasible precaution must be taken by commanders to avoid civilian casualties 43 The principle of proportionality has also been found by the ICRC to form part of customary international law in international and non international armed conflicts 44 Principle of humane treatment edit The principle of humane treatment requires that civilians be treated humanely at all times 45 Common Article 3 of the GCs prohibits violence to life and person including cruel treatment and torture the taking of hostages humiliating and degrading treatment and execution without regular trial against non combatants including persons hors de combat wounded sick and shipwrecked Civilians are entitled to respect for their physical and mental integrity their honour family rights religious convictions and practices and their manners and customs 46 This principle of humane treatment has been affirmed by the ICRC as a norm of customary international law applicable in both international and non international armed conflicts 44 Principle of non discrimination edit The principle of non discrimination is a core principle of IHL Adverse distinction based on race sex nationality religious belief or political opinion is prohibited in the treatment of prisoners of war 47 civilians 48 and persons hors de combat 49 All protected persons shall be treated with the same consideration by parties to the conflict without distinction based on race religion sex or political opinion 50 Each and every person affected by armed conflict is entitled to his fundamental rights and guarantees without discrimination 46 The prohibition against adverse distinction is also considered by the ICRC to form part of customary international law in international and non international armed conflict 44 Women and children edit Women must be protected from rape forced prostitution and from any form of indecent assault Children under the age of eighteen must not be permitted to take part in hostilities cannot be evacuated to a foreign country by a country other than theirs except temporarily due to a compelling threat to their health and safety and if orphaned or separated from their families must be maintained and receive an education 51 Sex and culture editSex edit IHL emphasises in various provisions in the GCs and APs the concept of formal equality and non discrimination Protections should be provided without any adverse distinction founded on sex For example with regard to female prisoners of war women are required to receive treatment as favourable as that granted to men 52 In addition to claims of formal equality IHL mandates special protections to women providing female prisoners of war with separate dormitories from men for example 53 and prohibiting sexual violence against women 54 The reality of women s and men s lived experiences of conflict has highlighted some of the gender limitations of IHL Feminist critics have challenged IHL s focus on male combatants and its relegation of women to the status of victims and its granting them legitimacy almost exclusively as child rearers A study of the 42 provisions relating to women within the Geneva Conventions and the Additional Protocols found that almost half address women who are expectant or nursing mothers 55 Others have argued that the issue of sexual violence against men in conflict has not yet received the attention it deserves 56 Soft law instruments have been relied on to supplement the protection of women in armed conflict UN Security Council Resolutions 1888 and 1889 2009 which aim to enhance the protection of women and children against sexual violations in armed conflict and Resolution 1325 which aims to improve the participation of women in post conflict peacebuilding Read together with other legal mechanisms in particular the UN Convention for the Elimination of All Forms of Discrimination Against Women CEDAW these can enhance interpretation and implementation of IHL In addition international criminal tribunals like the International Criminal Tribunals for the former Yugoslavia and Rwanda and mixed tribunals like the Special Court for Sierra Leone have contributed to expanding the scope of definitions of sexual violence and rape in conflict They have effectively prosecuted sexual and gender based crimes committed during armed conflict There is now well established jurisprudence on gender based crimes Nonetheless there remains an urgent need to further develop constructions of gender within international humanitarian law 57 Culture edit IHL has generally not been subject to the same debates and criticisms of cultural relativism as have international human rights Although the modern codification of IHL in the Geneva Conventions and the Additional Protocols is relatively new and European in name the core concepts are not new and laws relating to warfare can be found in all cultures Indeed non Western participants played important roles in the development of this area of law at the global level as early as the 1907 Second Hague Conference and have continued to do so since 58 ICRC studies on the Middle East Somalia Latin America and the Pacific for example have found that there are traditional and long standing practices in various cultures that preceded but are generally consistent with modern IHL It is important to respect local and cultural practices that are in line with IHL Relying on these links and on local practices can help to promote awareness of and adherence to IHL principles among local groups and communities citation needed Durham cautions that although traditional practices and IHL legal norms are largely compatible it is important not to assume perfect alignment There are areas in which legal norms and cultural practices clash Violence against women for example is frequently legitimised by arguments from culture and yet is prohibited in IHL and other international law In such cases it is important to ensure that IHL is not negatively affected Notes edit The UN Charter 1945 Article 2 and some other Articles in the charter curtails the right of member states to declare war as does the older and toothless Kellogg Briand Pact of 1928 for those nations who ratified it but used against Germany and Japan in the Nuremberg and Tokyo Trials respectively As of December 2012 109 states have ratified this convention or some of its provisions By late 2012 160 states had ratified it It has as of December 2012 been ratified by 150 states By December 2012 77 states had ratified it References editCitations edit The law of armed conflict an operational approach Corn Geoffrey S New York Wolters Kluwer Law amp Business 2012 ISBN 9781454806905 OCLC 779607396 a href Template Cite book html title Template Cite book cite book a CS1 maint others link a b Law of Armed Conflict Deskbook PDF Charlottesville VA The United States Army Judge Advocate General s Legal Center and School 2016 a b Topic Guide Archive GSDRC Retrieved August 27 2019 ICRCWhat is international humanitarian law Archived 2007 03 20 at the Wayback Machine Stewart James June 30 2003 Towards a Single Definition of Armed Conflict in International Humanitarian Law International Review of the Red Cross 850 313 350 doi 10 1017 S1560775500115196 SSRN 1946414 Ben Naftali Orna 2011 International Humanitarian Law and International Human Rights Law Oxford University Press ISBN 978 0 19 100160 4 What is the difference between IHL and human rights law ICRC October 30 2015 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help IHL and human rights law ICRC June 27 2016 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Pictet Jean 1975 Humanitarian law and the protection of war victims Leyden Sijthoff pp 16 17 ISBN 90 286 0305 0 The Program for Humanitarian Policy and Conflict Research at Harvard University Brief Primer on IHL Accessed at IHL ihlresearch or Archived 2010 04 19 at the Wayback Machine Pictet Jean 1985 Development and Principles of International Law Dordrecht Martinus Nijhoff p 2 ISBN 90 247 3199 2 Archived from the original on February 26 2014 Retrieved November 11 2016 Kalshoven Frits Liesbeth Zegveld March 2001 Constraints on the waging of war An introduction to international humanitarian law Geneva ICRC p 40 Archived from the original on October 8 2007 Retrieved March 10 2008 Greenwood Christopher 2008 Fleck Dieter ed The Handbook of Humanitarian Law in Armed Conflicts USA Oxford University Press p 20 ISBN 978 0 19 923250 5 Fritz Munch History of the Laws of War in R Bernhardt ed Encyclopedia of Public International Law Volume IV 2000 pp 1386 8 Grotius Book 3 Chapter 1 VI Archived from the original on April 30 2009 Retrieved February 4 2009 Bernhardt Rudolf 1992 Encyclopedia of public international law Vol 2 Amsterdam North Holland pp 933 936 ISBN 0 444 86245 5 II Kings 6 21 23 Archived from the original on July 10 2011 Retrieved February 5 2009 The Laws of Manu VII 90 Archived from the original on May 30 2009 Retrieved February 4 2009 The Laws of Manu VII 91 92 Archived 2009 05 30 at the Wayback Machine See also Singh Nagendra Armed conflicts and humanitarian laws of ancient India in C Swinarski 1985 Studies and Essays on International Humanitarian Law and Red Cross Principles The Hague Kluwer Law International pp 531 536 ISBN 90 247 3079 1 Khadduri Majid 2006 War And Peace in the Law of Islam New York NY Lawbook Exchange ISBN 1 58477 695 1 pp 103 4 Hashmi Sohail H 2002 Islamic political ethics civil society pluralism and conflict Princeton N J Princeton University Press ISBN 0 691 11310 6 p 211 McCoubrey Hilaire 1999 International Humanitarian Law Aldershot UK Ashgate Publishing ISBN 1 84014 012 7 pp 8 13 al Dawoody Ahmed 2020 Islamic Law and International Humanitarian Law Sarajevo Faculty of Islamic Studies University in Sarajevo ICRC ISBN 978 9958 622 86 1 p 13 Greenwood Christopher 2008 Fleck Dieter ed The Handbook of Humanitarian Law in Armed Conflicts USA Oxford University Press p 22 ISBN 978 0 19 923250 5 Pictet 1985 p 2 Martinus Nijhoff Publishers September 30 1985 ISBN 9789024731992 Archived from the original on February 26 2014 Retrieved November 11 2016 Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field Geneva 6 July 1906 International Committee of the Red Cross Archived from the original on February 22 2014 Retrieved July 20 2013 1949 Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field Archived from the original on February 21 2014 Retrieved August 7 2013 David P Forsythe June 17 2007 The International Committee of the Red Cross A Neutral Humanitarian Actor Routledge p 43 ISBN 978 0 415 34151 6 Greenwood Christopher 2008 Fleck Dieter ed The Handbook of Humanitarian Law in Armed Conflicts USA Oxford University Press pp 27 28 ISBN 978 0 19 923250 5 title Archived from the original on July 18 2013 Retrieved May 13 2013 Kalshoven Zegveld 2001 p 34 Archived from the original on October 8 2007 Retrieved March 10 2008 a b c The Practical Guide to Humanitarian Law Protected Persons Medecins Sans Frontieres de Preux 1988 Basic rules of the Geneva Conventions and their Additional Protocols 2nd edition Geneva ICRC p 1 GC III Art 5 http www icrc org ihl nsf full 195 Archived 2012 09 11 at the Wayback Machine Articles 30 and 31 Foreign Press Centers United States Department of State Retrieved August 27 2019 AP I Art 50 1 Cited in an article in The Guardian newspaper TheGuardian com July 20 2014 Archived from the original on August 7 2017 Retrieved December 11 2016 Overview of international humanitarian law GSDRC January 2013 Retrieved August 27 2019 AP I Arts 48 51 52 57 AP II 13 16 ICRC 2005b vol 1 AP I Arts 35 51 5 AP 1 Arts 57 58 a b c ICRC 2005b vol 1 GCIV Art 27 a b API Art 75 1 GCIII Art 16 GCIV Art 13 common Article 3 Common Article 3 Common article 3 GCIV Art 27 GCIV Arts 24 27 API Arts 76 78 APII Art 4 3 GCIII Arts 14 16 GCIII Art 25 GCIV Art27 API Art 76 2 APII Art 4 2 Gardam and Jarvis cited in Durham and O Bryne 2010 Lewis cited in Durham and O Bryne 2010 See Barrow 2010 Mitchell Ryan Martinez China s participation in the second Hague conference and the concept of equal sovereignty in international law Asian Journal of International Law 11 no 2 2021 351 371 Sources edit Carey John Dunlap William 2003 International Humanitarian Law Origins International Humanitarian Law International Humanitarian Law Dobbs Ferry N Y Transnational Pub ISBN 1 57105 264 X Gardam Judith Gail 1999 Humanitarian Law The Library of Essays in International Law Ashgate Pub Ltd ISBN 1 84014 400 9 Fleck Dieter 2008 The Handbook of International Humanitarian Law Second Edition Oxford University Press USA ISBN 978 0 19 923250 5 Forsythe David P 2005 The humanitarians the International Committee of the Red Cross Cambridge UK Cambridge University Press ISBN 0 521 84828 8 Heider Huma International Legal Framework for Humanitarian Action GSDRC DFiD Retrieved May 13 2013 Mendis Chinthaka Edited by Hemamal Jayawardena 2007 Application of International Humanitarian Law to United Nations Forces USA Zeilan Press p 108 ISBN 978 0 9793624 3 9 a href Template Cite book html title Template Cite book cite book a author has generic name help McCoubrey Hilaire 1999 International Humanitarian Law Aldershot UK Ashgate Publishing ISBN 1 84014 012 7 Pictet Jean 1975 Humanitarian law and the protection of war victims Leyden Sijthoff ISBN 90 286 0305 0 Pictet Jean 1985 Development and Principles of International Humanitarian Law Dordrecht Martinus Nijhoff ISBN 90 247 3199 2 UNESCO Staff 1997 International Dimensions of Humanitarian Law Berlin Springer ISBN 92 3 102371 3 Further reading editClapham Andrew Gaeta Paola Haeck Tom Priddy Alice 2014 The Oxford Handbook of International Law in Armed Conflict Oxford University Press ISBN 978 0 19 955969 5 Crawford Emily Pert Alison 2020 International Humanitarian Law Cambridge University Press ISBN 978 1 108 57514 0 Crowe Jonathan Weston Scheuber Kylie 2013 Principles of International Humanitarian Law Edward Elgar Publishing ISBN 978 1 78100 273 5 Fleck Dieter 2021 The Handbook of International Humanitarian Law Oxford University Press ISBN 978 0 19 258719 0 Kalshoven Frits Zegveld Liesbeth 2011 Constraints on the Waging of War An Introduction to International Humanitarian Law Cambridge University Press ISBN 978 1 139 49969 9 Solis Gary D 2021 The Law of Armed Conflict International Humanitarian Law in War Cambridge University Press ISBN 978 1 108 83163 5 Thurer Daniel 2011 International Humanitarian Law Theory Practice Context Martinus Nijhoff Publishers ISBN 978 90 04 17910 3 External links editCustomary IHL Database an updated version of customary international humanitarian law study by the International Committee of the Red Cross ICRC originally published by Cambridge University Press Rules of war in a nutshell short video 4 43 in length from the ICRC Treaties States Parties and Commentaries database from the ICRC Official website of the Rule of Law in Armed Conflicts Project an initiative of the Geneva Academy of International Humanitarian Law and Human Rights Research Guide International Humanitarian Law Archived April 12 2017 at the Wayback Machine from the Peace Palace Library Portals nbsp Politics nbsp Law Retrieved from https en wikipedia org w index php title International humanitarian law amp oldid 1186124295, wikipedia, wiki, book, books, library,

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