The urgent need to apply the rules of humanitarian law to so-called internal armed conflicts

1961 ◽  
Vol 1 (5) ◽  
pp. 250-257
Author(s):  
Boško Jakovljevlć ◽  
Jovica Patrnogić

The 12th of August 1949 is without doubt one of the most important dates in humanitarian law and in the development of the idea of the protection of man. It was then that four new Conventions were adopted in Geneva relative to the protection of victims of armed conflicts. In so far as they express general condemnation of war crimes committed during the Second World War, as well as the determination to prevent their recurrence in any possible sort of future conflict, the Geneva Conventions must be regarded as a bastion for the protection of all victims of armed conflict as well as a serious warning to all those who might be disposed to make a misuse of force or violate humanitarian principles. This great victory of the humanitarian spirit and of the principles which it inspires, by virtue of which one should not only avoid inflicting suffering on those who are deprived of protection or on non-combatants, but one should also accord them assistance and care for them if necessary, is due to a large extent to the Red Cross. The forces of progress have given their support to this idea and have made possible its realization within the framework of the International Conventions of the Red Cross. The new Geneva Conventions, which in the evolution of humanitarian law at present represent a decisive phase in a given sector, constitute an extremely solid and complete legal code which has been meticulously drawn up and which is both logical and coherent.

1997 ◽  
Vol 37 (321) ◽  
pp. 623-634
Author(s):  
Jacques Stroun

Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.


2014 ◽  
Vol 8 (4) ◽  
pp. 184-193
Author(s):  
Nicolae David Ungureanu

The international humanitarian law applicable in armed conflicts has evolved continuously since antiquity until today, its doctrinal writings pointing out during the modern period the influence that the progress of the concepts and the practices of war has had on the development of the normative conventions, especially the first and second world war, resulting in texts that are applicable even today.


1995 ◽  
Vol 35 (305) ◽  
pp. 192-206 ◽  
Author(s):  
G.I.A.D. Draper

Gerald Draper (1914–1989) was the foremost specialist in humanitarian law of his generation in the United Kingdom, and was well-respected in the law of war community worldwide. He was a Military Prosecutor in the war crimes trials in Germany after the Second World War, and following his retirement from the Army Legal Staff became a distinguished academic, finishing as Professor of Law at the University of Sussex. Draper was a delegate to many International Conferences of the Red Cross as well as to the Diplomatic Conference which drafted the Additional Protocols of 1977.


1984 ◽  
Vol 24 (240) ◽  
pp. 140-152 ◽  
Author(s):  
Denise Plattner

The legal protection of children was introduced into international humanitarian law after the Second World War. Experience during that conflict had, in fact, pointed to the urgent need to draw up an instrument of public international law for protecting civilian population in wartime. The results of the ICRC's efforts in this field led to the adoption of the 1949 Fourth Geneva Convention relative to the protection of civilian persons in time of war. From that time on, children, as members of the civilian population, were entitled to benefit from the application of that Convention. Moreover, the first international humanitarian law regulations concerning armed conflicts not of an international character, contained in article 3, common to the four 1949 Geneva Conventions, were drawn up at the 1949 Diplomatic Conference. Here again, children were protected, in the same way as all “persons taking no active part in the hostilities”.


Author(s):  
Astrid Kjeldgaard-Pedersen

Chapter 5 first assesses the extent to which the law of international armed conflict engages individuals directly and the impact of the different conceptions of international legal personality on the formation and application of the relevant treaty norms. Sections 5.1 and 5.2 study both provisions that do regulate the conduct of individuals directly, and provisions where such direct regulation was discussed but ultimately discarded in favour of an inter-State model. Turning to non-international armed conflict, Section 5.3 outlines the development of the doctrine of ‘recognition of belligerency’ between the late eighteenth century and the Second World War. Subsequently, Section 5.4 examines the role of the concept of international legal personality in the post-Second World War formation of treaty norms governing non-international armed conflicts. The chapter ends with a discussion of the diverging jurisprudential explanations in the current academic debate for the bindingness of international law on armed opposition groups.


1974 ◽  
Vol 14 (161) ◽  
pp. 420-422
Author(s):  
Jean Pictet

August 12, 1949 was an important date in world history. It was on that day that the plenipotentiaries of some sixty States signed the fundamental charters of humanity which are known as the four Geneva Conventions, and which protect the victims of armed conflicts: the first, the military wounded and sick; the second, the victims of war at sea; the third, the prisoners of war; and the fourth—which was entirely new—civilians. After the suffering of the population in occupied countries during the Second World War, such a treaty appeared to be vitally necessary and urgent. As Max Huber said, the development towards total war has made danger and hardship equal for armies and population.


2019 ◽  
Vol 8 (2) ◽  
pp. 022
Author(s):  
Luiza Iordache Cârstea

The objective of this article is the analysis of the humanitarian relief work of the International Committee of the Red Cross (ICRC) and the League of the Red Cross Societies through a joint body, the Joint Relief Committee (JRC), in France during the Second World War. Based on the treaties, convention and draft projects that shed light on the evolution and consolidation of the International Humanitarian Law relating to civilian defence and on the specialized bibliography, reports of the ICRC and the JRC, documentary sources of the ICRC Archives, and photo library of the same organization, the article focuses on humanitarian aid and priorities of the JRC in favour of the civilian population most vulnerable to and affected by war: children, women and internees in the concentration camps in South of France. This study, accompanied by photos, maps and quantitative data, sheds light on the channels of humanitarian action, the charitable organizations, associations, institutions, foundations, etc., that made this possible, as well as the loopholes and limitations of international humanitarian law, with important consequences for human life during a major conflict such as the Second World War.


1982 ◽  
Vol 22 (229) ◽  
pp. 202-215 ◽  
Author(s):  
Philippe Eberlin

Since the end of the Second World War, technological developments in armaments have produced increasingly sophisticated weapons. The most dangerous of these for air transports protected by the Geneva Conventions of 12 August 1949 are remote controlled missiles equipped with homing devices, the operating raduis of which exceeds the visual range of the protective emblems recognized by these Conventions and carried by medical aircraft. The visual range of the emblem is frequently much less than 1,000 metres.


1969 ◽  
Vol 9 (102) ◽  
pp. 491-491 ◽  

Mr. Raymond Courvoisier has since 1 August 1969 taken over the appointment of special assistant to the President of the International Committee, thus bringing it his wide experience in the field of international humanitarian law. It should, in fact, be recalled that from 1936 to 1945 he undertook a large number of missions in ICRC service as delegate in Spain, Turkey, in East European and Middle East countries. Furthermore, he was in charge of a section in the Central Prisoners of War Agency in Geneva during the Second World War.


1969 ◽  
Vol 9 (104) ◽  
pp. 646-647

Twenty-five years after the second World War, the International Committee of the Red Cross is still dealing with claims for compensation from people living in certain Central European countries who were victims of pseudo-medical experiments in German concentration camps.


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