The ICRC, the League and the Report on the re-appraisal of the Role of the Red Cross (III): Protection and assistance in situations not covered by international humanitarian law

1978 ◽  
Vol 18 (205) ◽  
pp. 210-214
Keyword(s):  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Similar Nature ◽  
The Law

Originally, and up to 1949, the law of Geneva protected only victims of wars between States. Article 3, common to the four Conventions of 1949, is applicable to all non-international armed conflicts; the Protocol additional II to these Conventions covers non-international armed conflicts in which hostilities reach a certain degree of intensity; it does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts (Protocol II, art. 1, par. 2).

scholarly journals Safeguarding Civilian Internet Access During Armed Conflict: Protecting Humanity’s Most Important Resource in War

2021 ◽  
Vol 22 (1) ◽  
pp. 127-180
Author(s):  
Todd Emerson Hutchins
Keyword(s):  
Modern Society ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Internet Connectivity ◽  
Digital World ◽  
Physical Internet ◽  
The Right

A recent spate of governmental shutdowns of the civilian internet in a broad range of violent contexts, from uprisings in Hong Kong and Iraq to armed conflicts in Ethiopia, Kashmir, Myanmar, and Yemen, suggests civilian internet blackouts are the ‘new normal.’ Given the vital and expanding role of internet connectivity in modern society, and the emergence of artificial intelligence, internet shutdowns raise important questions regarding their legality under intentional law. This article considers whether the existing international humanitarian law provides adequate protection for civilian internet connectivity and infrastructure during armed conflicts. Concluding that current safeguards are insufficient, this article proposes a new legal paradigm with special protections for physical internet infrastructure and the right of civilian access, while advocating the adoption of emblems (such as the Red Cross or Blue Shield) in the digital world to protect vital humanitarian communications.

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.

International humanitarian law's old questions and new perspectives: On what law has got to do with armed conflict

2016 ◽  
Vol 98 (903) ◽  
pp. 995-1017
Author(s):  
Thomas Forster
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Current Understanding ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Recent Scholarship ◽  
State Behaviour ◽  
The Law ◽  
A Current

AbstractThe question of whether international humanitarian law (IHL) has an impact on how armed conflicts are conducted is a controversial one. Sceptics claim that the law is virtually irrelevant in determining State behaviour in armed conflict. Proponents point to its importance in mitigating the suffering caused by war. This paper looks at recent scholarship from historians, political scientists, economists and lawyers that challenges traditional narratives held dear by the law's sceptics and proponents alike. It then discusses implications of these approaches for a current understanding of the role of IHL in today's armed conflicts. The new perspectives allow for a broader understanding of IHL's central issues and permit us to ask more pertinent questions when looking at the law with the aim of putting it to use for the protection of civilians.

The Geneva Humanitarian Law Conference 1975

1976 ◽  
Vol 13 ◽  
pp. 295-305 ◽  
Author(s):  
L. C. Green
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conflicts ◽  
Conventional Weapons

The second session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable to Armed Conflicts met in Geneva from February 3 until April 18, 1975. The purpose of this session of the Conference was the adoption — or perhaps more correctly the successful drafting — of two Protocols to be added to the Geneva Red Cross Conventions of 1949, in order to protect further the victims of international and non-international conflicts respectively; it was also to consider proposals directed to the humanization of methods of warfare, including the prohibition or restriction of conventional weapons considered to be purely indiscriminate or likely to cause an amount of suffering disproportionate to the purpose of the armed conflict.

The role of the international committee of the red cross in resolving international conflicts

2021 ◽  
Vol 28 (3) ◽  
pp. 154-161
Author(s):  
Adel Hamzah Othman
Keyword(s):  
Social Relations ◽  
Technological Development ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
Modern World ◽  
Humanitarian Law ◽  
International Conflicts ◽  
History Of

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

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.

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.

Contemporary Research on Proportionality in Armed Conflicts: A Select Review

2012 ◽  
Vol 3 (2) ◽  
pp. 391-414 ◽  
Author(s):  
Ben Clarke
Keyword(s):  
Human Rights ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Recent Developments ◽  
Hebrew University ◽  
Scope Of Application ◽  
Proportionality Principle

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.

Respect for fundamental judicial guarantees in time of armed conflict — The part played by ICRC delegates

1992 ◽  
Vol 32 (287) ◽  
pp. 121-142 ◽  
Author(s):  
Hans-Peter Gasser
Keyword(s):  
Armed Conflict ◽  
Principal Part ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Judicial Procedure ◽  
Harsh Reality

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.

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