Resolution of the Council of Delegates 1985

1986 ◽  
Vol 26 (250) ◽  
pp. 11-15
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Geneva Conventions ◽  
Harmful Effects

The Council of Delegates,Mindful of the decisive contribution made by the Protocols additional to the Geneva Conventions of 12 August 1949 to the development of international humanitarian law and, in particular, to the protection of the civilian population against the harmful effects of armed conflicts

Twenty-five Years after the Adoption of Additional Protocol II: Breakthrough or Failure of Humanitarian Legal Protection?

2001 ◽  
Vol 4 ◽  
pp. 129-166
Author(s):  
Heike Spieker
Keyword(s):  
Legal Protection ◽  
International Community ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Internal Armed Conflicts

On 12 December 2002, the international community celebrated the twenty-fifth anniversary of the opening for signature of 1977 Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts. In view of today's armed hostilities around the globe, this anniversary raises the questions whether international humanitarian law provides substantive regulation protecting civilians in non-international armed conflicts; whether such legal protection is effectively countering the sufferings of the civilian population and what are now the main challenges for the international communityvis-à-visinternal armed conflicts.

Protection of Children in International Humanitarian Law

1984 ◽  
Vol 24 (240) ◽  
pp. 140-152 ◽  
Author(s):  
Denise Plattner
Keyword(s):  
Geneva Convention ◽  
Legal Protection ◽  
Second World War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Geneva Conventions ◽  
War Experience ◽  
Second World

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”.

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.

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.

Amnesties and international humanitarian law: Purpose and scope

2018 ◽  
Vol 101 (910) ◽  
pp. 357-363
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Armed Conflicts ◽  
Universal Jurisdiction ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Additional Protocol ◽  
Geneva Conventions

States party to the 1949 Geneva Conventions and Additional Protocol I of 1977 have an obligation to take measures necessary to suppress all acts contrary to their provisions. Moreover, States must investigate war crimes allegedly committed by their nationals or on their territory, and other war crimes over which they have jurisdiction, such as on the basis of universal jurisdiction, and, if appropriate, prosecute the suspects. In accordance with these obligations and the limits they impose, States may adopt certain measures during and in the aftermath of armed conflicts to promote reconciliation and peace, one of which is amnesties. International humanitarian law (IHL) contains rules pertaining to the granting and scope of amnesties. Specifically, Article 6(5) of Protocol II additional to the Geneva Conventions relating to non-international armed conflicts (NIACs) provides that, at the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict. Importantly, under customary IHL (as identified in Rule 159 of the ICRC customary IHL study), this excludes persons suspected of, accused of, or sentenced for war crimes in NIACs.

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.

The Principle of Distinction Between Civilians and Combatants

2014 ◽  
Author(s):  
Nils Melzer
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Practical Application ◽  
Civilian Population ◽  
Number Of Factors ◽  
Armed Actors

This chapter examines the provisions of international humanitarian law (IHL) concerning the distinction between legitimate military targets and persons protected against direct attacks. It explains that the practical application of the principle of distinction in contemporary armed conflicts has become increasingly difficult because of a number of factors. These include the growing asymmetry of military confrontations, the intermingling of armed actors with the civilian population, and the increasing involvement of civilians in the conduct of hostilities.

International humanitarian law and the challenges of contemporary armed conflicts: Recommitting to protection in armed conflict on the 70th anniversary of the Geneva Conventions

2019 ◽  
Vol 101 (911) ◽  
pp. 869-949
Keyword(s):  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
70Th Anniversary ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Geneva Conventions ◽  
Areas Of Interest

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.

Appeal by the International Committee of the Red Cross on the 20th anniversary of the adoption of the Additional Protocols of 1977

1997 ◽  
Vol 37 (320) ◽  
pp. 471-472
Author(s):  
Cornelio Sommaruga
Keyword(s):  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Liberation ◽  
Geneva Conventions ◽  
20Th Anniversary ◽  
The Government ◽  
Preparatory Work

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).

Universal acceptance of international humanitarian law — Promotional activities of the ICRC

1994 ◽  
Vol 34 (302) ◽  
pp. 450-457 ◽  
Author(s):  
Hans-Peter Gasser
Keyword(s):  
Armed Conflict ◽  
Cultural Property ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Geneva Conventions ◽  
Conventional Weapons ◽  
War Victims

In its Final Declaration of 1 September 1993, the International Conference for the Protection of War Victims inter alia urged all States to make every effort to:“Consider or reconsider, in order to enhance the universal character of international humanitarian law, becoming party or confirming their succession, where appropriate, to the relevant treaties concluded since the adoption of the 1949 Geneva Conventions, in particular:—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts of 8 June 1977 (Protocol I);—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts of 8 June 1977 (Protocol II);—the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and its three Protocols;—The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict”.

Sign in / Sign up

Export Citation Format

Share Document