Protection and Nurses

1977 ◽  
Vol 17 (195) ◽  
pp. 299-302 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
Medical Personnel ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Additional Protection ◽  
The Law

The fourth and last session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts has just opened. The Conference is considering two Protocols additional to the Geneva Conventions of 1949. The first widens the scope of humanitarian law applicable in international armed conflicts, in particular by giving additional protection to civilians even when they are not in the enemy's power, and by extending to civilian medical personnel the protection which until now had been granted only to military medical personnel. The second Protocol develops the law applicable in non-international armed conflicts, which until now was restricted to a few principles contained in common article 3 of the four Conventions of 1949.

The prohibition of reprisals in Protocol I: Greater protection for war victims

1997 ◽  
Vol 37 (320) ◽  
pp. 524-527
Author(s):  
Konstantin Obradovic
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Leading Role ◽  
Geneva Conventions ◽  
Law Of Armed Conflict ◽  
The World ◽  
The Law ◽  
Yugoslav Wars ◽  
War Victims

It is not without reservations that I am responding to the invitation from the Review for ‘veterans’ of the Diplomatic Conference on the reaffirmation and development of international humanitarian law applicable in armed conflicts (hereafter the Diplomatic Conference) to commemorate the signing 20 years ago of the Protocols additional to the Geneva Conventions. On 8 June 1977, all of us who contributed in one way or another to the drafting of those texts felt a sense of relief at having finally achieved our task. We also felt a kind of exhilaration at the thought that we had successfully completed an important undertaking that would benefit war victims. The two Protocols represented a major leap forward in the law of armed conflict. It should not be forgotten that practically two-thirds of the international community have now ratified these instruments. Yet compliance with them regrettably remains far from satisfactory. I need hardly recite the tragic litany of conflicts over the past 20 years that bear out this deficiency. The case best known to me is that of the “Yugoslav wars” (1991–1995). They constitute the clearest example of the yawning gap between the law itself and the degree to which it is implemented. What is even more worrying is that all of this is taking place in a world where the demise of “totalitarianism” has left the world with what is, for all practical purposes, a single centre of power. This centre comprises those States which, since the International Peace Conference held in 1899 in The Hague, have been inspired by their democratic traditions and their attachment to human rights and the rule of law to play a leading role in developing, affirming and reaffirming what today constitutes international humanitarian law applicable in armed conflicts. I therefore believe that this divergence between the letter of the law and the conduct of those responsible for implementing it results from a lack of determination on the part of governments to “ensure respect” for that law throughout the world. I am in no doubt whatsoever that they have sufficiently efficacious means at their disposal to do so. What is missing, unfortunately, is the political will.

scholarly journals Death of two eminent members of the Movement

1988 ◽  
Vol 28 (267) ◽  
pp. 558-559
Keyword(s):  
Police Officer ◽  
Air Force ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The Law ◽  
Set Up ◽  
Do So

The ICRC learned with deep sadness of the death on 24 September 1988 of General Pietro Verri, President of the Florence Branch of the Italian Red Cross, and the death on 16 October 1988 of Mr. Soehanda Ijas, Co-Chairman of the Indonesian Red Cross.General Verri, former Vice-Commander of the Arma dei Carabinieri, was an active supporter of the Red Cross and a tireless champion of international humanitarian law (IHL), a subject in which he was well versed. He was a member of the Italian delegation to the Diplomatic Conference which led, in 1977, to the adoption of the Protocols additional to the 1949 Geneva Conventions and as a profilic author and translator did much to promote the dissemination of IHL in his country. He drew his ability to do so from a flawless knowledge of the theoretical questions underlying the law of armed conflicts, coupled with a vast experience of the practical problems arising from the implementation of these rules. For several years he also acted as director of the courses set up by the Italian Red Cross to train instructors of humanitarian law and regularly taught the law of armed conflicts to members of the Air Force and Police Officer Academies.

Prospects for United States Ratification of Additional Protocol I to the 1949 Geneva Conventions

1991 ◽  
Vol 85 (1) ◽  
pp. 1-20 ◽  
Author(s):  
George H. Aldrich
Keyword(s):  
United States ◽  
The United States ◽  
Point Of View ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
The Law ◽  
The Military

Protocol I Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, concluded in Geneva in 1977, is the most important treaty codifying and developing international humanitarian law since the adoption of the four Conventions themselves; and it is the first such treaty since 1907 to deal with methods and means of warfare and the protection of the civilian population from the effects of warfare. As such, its contributions to the law were long overdue and, on the whole, are both positive from the humanitarian point of view and practicable from the military point of view. Moreover, it offers the prospect of improved compliance with international humanitarian law, which would greatly benefit the victims of war and would bring the law in action closer to the law in the books. Yet, in January 1987, the President of the United States informed the Senate that he would not submit the Protocol to the Senate for its advice and consent to ratification, calling it “fundamentally and irreconcilably flawed.” It is apparent that President Reagan’s decision resulted from misguided advice that exaggerated certain flaws in the Protocol, ignored the statements of understanding that would have remedied them, and misconstrued a humanitarian and antiterrorist instrument as one that could give aid and comfort to “terrorists.”

Internal (Non-International) Armed Conflict

2014 ◽  
Author(s):  
Eric David
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Internal Armed Conflicts

The law of armed conflict previously applied only to international armed conflicts. Today, internal armed conflicts are regulated by Article 3 common to the four Geneva Conventions of 1949, along with an increasing number of provisions. The second Additional Protocol of 1977 (AP II) to the 1949 GC contains 18 substantive provisions devoted entirely to non-international armed conflicts (NIACs). This chapter discusses the variety and complexity of international humanitarian law rules applicable to NIACs and the criteria used for identifying the existence of a NIAC. It considers how the nature of hostilities and the quality of the actors are used as defining criteria to distinguish an armed conflict from banditry, terrorism, and short rebellions.

Adoption of the Additional Protocols of 8 June 1977: A milestone in the development of international humanitarian law

2017 ◽  
Vol 99 (905) ◽  
pp. 785-796 ◽  
Author(s):  
François Bugnion
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
40Th Anniversary ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
The Law ◽  
War Victims

AbstractOn 8 June 1977, the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts adopted two Protocols Additional to the 1949 Geneva Conventions. This was the result of nearly ten years of intensive and delicate negotiations. Additional Protocol I protects the victims of international armed conflicts, while Additional Protocol II protects the victims of non-international armed conflicts. These Protocols, which do not replace but supplement the 1949 Geneva Conventions, updated both the law protecting war victims and the law on the conduct of hostilities. This article commemorates the 40th anniversary of the adoption of the 1977 Additional Protocols.

Protection of Detainees from Sexual Violence under International Humanitarian Law

2020 ◽  
Author(s):  
Samantha Frances Bradley
Keyword(s):  
Sexual Violence ◽  
Effective Means ◽  
Case Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The Law ◽  
Legal Frameworks ◽  
Gender Neutrality

Abstract This article addresses the question of whether current frameworks under international humanitarian law offer adequate protection to persons detained for reasons relating to armed conflict from crimes of sexual violence. Sexual violence against detainees is a persistent issue in both international and non-international armed conflicts. Sexual violence against male detainees is also a widespread issue, with men and boys constituting the bulk of persons detained in conflict, and also facing unique barriers in reporting abuses. An evaluation of current legal frameworks under the Geneva Conventions of 1949 and the Additional Protocols of 1977 identifies key fault-lines in the law, including a widespread statutory characterisation of sexual violence as a crime principally committed against women. Case law demonstrates a resultant tendency to conceptualise sexual abuse of male detainees as torture, rather than sexual violence. Additionally, state interpretations of the law reflect this absence of gender neutrality. Compliance mechanisms are furthermore held back by the lack of clarity and specificity of prohibitions on sexual violence against detainees in international and non-international armed conflicts. Ultimately, options for strengthening the law in this area are subject to the political will of states and carry the risk of winding back existing standards of protection. The development of a non-binding but standard-setting instrument devised with the support of states and specifically prohibiting the issue of sexual violence against detainees in gender- neutral and comprehensive terms may ultimately be the most effective means of strengthening existing legal frameworks.

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

Protecting the Environment from the Perspective of the Law of Armed Conflict

2021 ◽  
Vol 23 (2-3) ◽  
pp. 252-260
Author(s):  
Bartłomiej Krzan
Keyword(s):  
Climate Change ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Law Of Armed Conflict ◽  
The Law

Abstract The present study analyses climate change from the perspective of the law of armed conflict. Climate may be both a victim and a means of warfare. Arguably, the existing normative framework is broad enough to allow for accommodating climate change. It cannot be denied that the environment is easily harmed, or at least jeopardized in times of armed conflicts. Despite the obvious lack of explicit references in the instruments of international humanitarian law, it may be argued that it is possible to fit climate change in. The accompanying analysis addresses the respective potential and the ensuing hurdles.

Prisoners Dilemma: Ascertaining and Augmenting the Multinational NIAC Detention Regime

2017 ◽  
Vol 20 (1) ◽  
pp. 436-458 ◽  
Author(s):  
Yateesh Begoore
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Treatment Standards ◽  
International Human Rights ◽  
Geneva Conventions ◽  
Prisoners Dilemma ◽  
Comprehensive Framework

While International Humanitarian Law (IHL) contains a comprehensive framework of rules and procedural protections for detainees in international armed conflicts (IACS), there is a conspicuous absence of such rules and protections for detainees in the case of non-international armed conflicts (NIACS). In fact, as the recent Serdar Mohammad v. Ministry of Defence case pointed out, the rules pertaining to NIACS make no mention of detention authority at all, leading some scholars to conclude that International Human Rights Law (IHRL), and not IHL, governs NIAC detention. Contrarily, this paper contends that not only does IHL govern (as well as grant authority for) NIAC detentions, the regime’s shortcomings regarding procedural safe-guards and treatment standards may be remedied through the application of the Copenhagen Process Principles – as evolutive interpretation or interpretation based on subsequent agreement – to Common Art. 3 of the Geneva Conventions.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

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