The International Committee of the Red Cross and the initiative to strengthen legal protection for victims of armed conflicts

Author(s):  
Michael Meyer
1996 ◽  
Vol 36 (314) ◽  
pp. 512-531 ◽  
Author(s):  
David P. Forsythe

In today's armed conflicts and complex emergencies more civilians suffer than combatants. After the Cold War one could identify a zone of turmoil in which civilian suffering was acute. But one could also identify a zone of stability from which operated a complicated system of humanitarian assistance designed to respond to civilian suffering. Media coverage emphasized the suffering, but never before in world history had such a kaleidoscope of humanitarian actors tried to provide emergency relief during armed conflicts and complex emergencies. Inevitably calls were heard for better organization and coordination, and in 1991–92 the United Nations created a Department of Humanitarian Affairs (DHA).


Author(s):  
Adel Hamzah Othman

The relevance of the problem under study lies in the presence of armed conflicts in the international arena and the presence of a diverse abundance of ways to regulate them. The main purpose of this study is to identify the main provisions of international law applicable in international conflicts through the lens of the role of the Committee of the Red Cross in its development. This study covers and thoroughly analyses the history and the main purpose of the origin of the organisation. Furthermore, the study engages in an in-depth examination of the basic tasks and principles of the Committee's activities. As a result of the study, the existing theories of the participation and influence of the Committee in international legal relations will be clearly identified, as well as those theories that have emerged due to innovations in legal thinking and are capable of covering the specific features of the practice and effectiveness of this non-governmental organisation. In addition, the designation of the actual problems of the existence of this organisation, its relevance in the modern world, and the strength of the support of the world society. Among the successes of the scientific analysis of the role of the International Committee of the Red Cross in the development of international humanitarian law applicable in international conflicts is the reasoned hypotheses and confirmed statements of the importance of the Committee, which are described by the features of modernity, relevance, and compliance with the information and technological development of social relations of participants in healthy international relations, their supporters and opponents. This also includes the systematisation of scientific research, their analysis and reasonable refutation. A journey into the history of the emergence of international conflicts, their modification according to the development of social relations, as well as the processes of globalisation, will be the subject of comparative analysis aimed at identifying new methods and ways to avoid them


1987 ◽  
Vol 26 (2) ◽  
pp. 553-560

The four 1949 Geneva Conventions (for the amelioration of the condition of the wounded and sick in armed forces in the field, for the amelioration of the condition of the wounded, sick, and shipwrecked members of armed forces at sea, relative to the treatment of prisoners of war, and relative to the protection of civilian persons in time of war) can be found at 6 UST 3114, 3217, 3316, 3516 and 75 UNTS 31, 85, 135, 287. The two 1977 Protocols (I – relating to the protection of victims of international armed conflicts and II – relating to the protection of victims of noninternational armed conflicts) appear respectively at 16 I.L.M. 1391 and 1442 (1977).


2012 ◽  
Vol 3 (2) ◽  
pp. 391-414 ◽  
Author(s):  
Ben Clarke

In an attempt to impose limits on the level of acceptable incidental civilian suffering during armed conflict, international humanitarian law (IHL) articulates a proportionality formula as the test to determine whether or not an attack is lawful. Efforts to comply with that formula during the conduct of hostilities can involve a host of legal and operational challenges. These challenges have inspired a growing body of doctrinal and empirical research. A recent international conference in Jerusalem, co-sponsored by the Delegation of the International Committee of the Red Cross in Israel and the Occupied Territories and the Minerva Center for Human Rights at the Hebrew University of Jerusalem, brought together human rights lawyers, military experts and scholars from a variety of disciplines to assess recent developments relating to the proportionality principle in international humanitarian law. This report examines ten conference presentations which offer important insights into: the nature, scope of application and operational requirements of the proportionality principle under IHL; the modalities of investigation and review of proportionality decisions; and the challenges involved in proportionality decision-making.


1992 ◽  
Vol 32 (287) ◽  
pp. 121-142 ◽  
Author(s):  
Hans-Peter Gasser

Article 75 of Protocol I additional to the Geneva Conventions lays down with admirable clarity and concision thateven in time of war, or rather especially in time of war, justice must be dispassionate. How does international humanitarian lawpromote this end? What can theInternational Committee of the Red Cross, an independent humanitarian institution, do in the harsh reality of an armed conflict towards maintaining respect for the fundamental judicial guarantees protecting persons accused of crimes, some of them particularly abhorrent?This article will first consider the Geneva Conventions and their Additional Protocols in relation to judicial procedure in time of armed conflicts. Thereafter it will examine the legal bases legitimizing international scrutiny of penal proceedings instituted against persons protected by humanitarian law. The next and principal part of the article will indicate how ICRC delegates appointed to monitor trials as observers do their job. In conclusion the article will try to evaluate this little-known aspect of the ICRC's work of protection.


2019 ◽  
Vol 101 (911) ◽  
pp. 869-949

This is the fifth report on international humanitarian law (IHL) and the challenges of contemporary armed conflicts prepared by the International Committee of the Red Cross (ICRC) for the International Conference of the Red Cross and Red Crescent (International Conference). Similar reports were submitted to the International Conferences held in 2003, 2007, 2011 and 2015. The aim of all these reports is to provide an overview of some of the challenges posed by contemporary armed conflicts for IHL; generate broader reflection on those challenges; and outline current or prospective ICRC action, positions, and areas of interest.


2005 ◽  
Vol 6 (9) ◽  
pp. 1217-1242 ◽  
Author(s):  
Malcolm MacLaren ◽  
Felix Schwendimann

On 17 March 2005, the President of the International Committee of the Red Cross (ICRC), Jakob Kellenberger, presented a study (hereinafter “the Study”) of customary international humanitarian law (IHL). A decade earlier, the International Conference of the Red Cross and Red Crescent had mandated the ICRC to “prepare […] a report on customary rules of IHL applicable in international [IAC] and non-international armed conflicts [NIAC], and to circulate the report to States and competent international bodies.” The Study's objective was to capture a “photograph” of the existing, hitherto unwritten rules that make up customary IHL. Comprehensive, high-level research into customary IHL followed; the end result of which is undeniably a remarkable feat and a significant contribution to scholarship and debate in this area of international law.


1966 ◽  
Vol 6 (64) ◽  
pp. 343-361
Author(s):  
E. Evrard

The International Committee of the Red Cross is aware that international law gives inadequate protection to aircraft used for medical evacuation. It considers that the subject is one which calls for further study and therefore takes pleasure in reproducing in the following pages a translation of important extracts of a recent article on legal protection for aircraft used as air-ambulances in time of war. This article is of particular interest, coming from Dr. Evrard who, being a flyer, can look at the problem from a practical as well as a legal point of view.


1997 ◽  
Vol 37 (320) ◽  
pp. 471-472
Author(s):  
Cornelio Sommaruga

Twenty years ago, on 11 June 1977, the plenipotentiaries of over a hundred States and several national liberation movements signed the Final Act of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. This Conference had been convened by the government of Switzerland, the depositary State of the Geneva Conventions. After four sessions held between 1973 and 1977, themselves preceded by several years of preparatory work, the Conference drew up two Protocols additional to the Geneva Conventions of 12 August 1949, relating to the protection of the victims of international armed conflicts (Protocol I) and of noninternational armed conflicts (Protocol II).


1996 ◽  
Vol 36 (310) ◽  
pp. 20-35

The world is weighed down by the victims of too many tragedies. Today, at this 26th International Conference of the Red Cross and Red Crescent, it is in the name of those victims, the sole reason for our presence here, that I am addressing the representatives of the States party to the Geneva Conventions and those of the International Red Cross and Red Crescent Movement. Our Movement is faced with the challenge of protecting and assisting these hapless individuals, whose numbers, alas, are growing day by day. Moreover, the situations in which we have to take action are ever more complex, whether they result from natural or technological disasters, which often occur in developing countries where there is no proper infrastructure, or from armed conflicts and other forms of violence affecting entire populations whose authorities are generally powerless to protect them. It is our solidarity with the victims of these situations that gives us our strength — and this solidarity is expressed through the separate but complementary activities conducted by the National Societies, their International Federation and the ICRC. The complementary nature of our respective tasks, which is the result of experience and is enshrined in our Statutes, is precisely what makes us effective.


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