Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions

2018 ◽  
Vol 112 (4) ◽  
pp. 553-582 ◽  
Author(s):  
Boyd van Dijk
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
History Of ◽  
History Of International Law ◽  
The 1960S ◽  
The Relationship ◽  
Cross Fertilization

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

scholarly journals REVISITING THE BIPOLAR DISTINCTION IN THE CHARACTERISATION OF ARMED CONFLICTS

2010 ◽  
Author(s):  
W Ochieng
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Traditional Understanding

Since the Geneva Conventions, the architecture of International Humanitarian Law (IHL) has been founded upon a distinction between international armed conflict and non-international armed conflict. Today, this claim stands to be revisited since international and non-international armed conflicts are no longer strict organising frameworks for the categorisation of rules of armed conflicts. This is seen in that over fifty years ago, when the four Geneva Conventions were negotiated, the principles of sovereignty and non-intervention were the cornerstones of international law and while their force today is still apparent, the interdependence of states, and global concerns such as terrorism and the commission of widespread human rights violations have eroded the traditional inviolability of borders. The dichotomy in humanitarian law is as implausible today as it is also fundamentally unworkable given the current conditions of conflicts. This dualist conception is no longer adequate to deal with current features of armed conflict, which do not fit neatly into the two categories and frequently contain mixed elements which thus make the task of classification highly complex. The codification of customary rules of international humanitarian law has narrowed the grounds on which the distinctions are predicated. In addition, the two regimes apply simultaneously on multiple situations. Moreover, the question of contemporary armed conflicts raises serious doubts as to whether the traditional understanding of international law still suffices to explain the complexities of modern day armed conflicts. This essay seeks to offer a different perspective on armed conflicts by suggesting a systematic rethinking of the categorisation of conflict. It argues that some of the dilemmas of contemporary conflicts may be attenuated by a new conceptualisation of this bipolar distinction namely a need for a unitary conception of armed conflict.

The relationship between international humanitarian law and human rights law: A brief history of the 1948 Universal Declaration of Human Rights and the 1949 Geneva Conventions

1998 ◽  
Vol 38 (324) ◽  
pp. 409-419 ◽  
Author(s):  
Robert Kolb
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Geneva Conventions ◽  
Repeated Observation ◽  
Close Relationship ◽  
History Of ◽  
The Relationship

Today there can no longer be any doubt: international humanitarian law and international human rights law are near relations. This oft-repeated observation must now be accepted by all. Many believe that the close relationship between these two areas existed and was perceived “from the outset”. That is not at all the case. Formerly assigned to separate legal categories, it was only under the persistent scrutiny of modern analysts that they revealed the common attributes which would seem to promise many fruitful exchanges in the future. Let us try to clarify the situation.

14. The law of armed conflict

2021 ◽  
pp. 273-295
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7 deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

The Security Council on women in war: between peacebuilding and humanitarian protection

2010 ◽  
Vol 92 (877) ◽  
pp. 197-219 ◽  
Author(s):  
Alain-Guy Tachou-Sipowo
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Armed Conflict ◽  
Active Participation ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Women In War

AbstractHaving established that massive human rights violations in armed conflict constitute a threat to peace and that women are the most severely affected by the scourge of war, the Security Council has since 1999 adopted a number of resolutions intended specifically for this group. These instruments contribute to the development of humanitarian law applicable to women and acknowledge the value of active participation by women in peace efforts. The following article first analyses the foundations on which the Council has been able to assume responsibility for protecting women in situations of armed conflict, and then considers the actual protection it provides. It concludes that the Council has had varying success in this role, pointing out that the thematic and declaratory resolutions on which it is largely based are not binding and therefore, they are relatively effective only as regards their provisions committing United Nations bodies. The author proposes that the Council's role could be better accomplished through situational resolutions than through resolutions declaratory of international law.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

scholarly journals Military necessity in Geneva conventions of 1949

2012 ◽  
Vol 64 (2) ◽  
pp. 180-201
Author(s):  
Vladan Joncic ◽  
Milos Petrovic
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
General Rule ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Military Necessity ◽  
Law Of Armed Conflict ◽  
The Right ◽  
International Conventions ◽  
The Military

The fundamental question of international law of armed conflict is the question of military necessity principle in international law of armed conflict, ie. in international humanitarian law. Hearings on this issue is necessary because it is still the danger that the principle of recognition of the needs of military regulations and deceive the application of international law of armed conflict. That?s why the military needs to be seen as a permitted deviation from compliance with rules of war. Extreme, this concept has led to the emergence of the theory of the military. Its radical variant of the proceeds from the Maxims of German classical scholars of international law. The result of theoretical assumptions had the effect of limiting the acceptance of military necessity of the first codification of the day. The four Geneva Conventions of 1949. The heavily consider the military. In all the texts of international conventions is determined by military necessity, as a circumstance or set of circumstances which affect the duty of obeying the regulations of international law. In international law there is no general rule of military necessity as a basis or reason for justified violations of rules of international law of armed conflict. The rules of international law represent a compromise between the desire for a decoration rules of warfare and the need to ensure all the necessary tools that can lead to victory. The four Geneva Conventions of 1949. the military need to provide in terms of the principles of humanity. Set rules on military necessity in the Geneva Conventions give the right correction factor in the role of the law of armed conflict. The Geneva Conventions there is a degree of confusion in terminology, where the concept of military necessity needlessly allocated a number of synonyms. This is because the international law of armed conflict and emerged as a normative regulation of proportionality between the military needs) and general principles and humane principles.

25. International humanitarian law

2017 ◽  
Author(s):  
Sandesh Sivakumaran
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Relationship ◽  
Two Bodies

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter is organized as follows. Section 2 considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. Section 3 explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, Section 4 considers whether there is a need for international human rights law also to apply. Section 5 ascertains the relationship between the two bodies of law and Section 6 considers some of the difficulties with the application of international human rights law in time of armed conflict.

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