The Protection of Women in International Humanitarian Law

1985 ◽  
Vol 25 (249) ◽  
pp. 337-363 ◽  
Author(s):  
Françoise Krill
Keyword(s):  
World War I ◽  
Geneva Convention ◽  
Legal Protection ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
The Hague ◽  
Special Protection

Since the number of women who actually participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land.

Thresholds in Flux—the Standard for Ascertaining the Requirement of Organization for Armed Groups under International Humanitarian Law

2020 ◽  
Author(s):  
Yutaka Arai-Takahashi
Keyword(s):  
Armed Conflict ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
Organizational Level ◽  
International Humanitarian Law ◽  
Threshold Condition ◽  
Special Importance ◽  
Humanitarian Law ◽  
Armed Groups ◽  
International Criminal Tribunals

Abstract The requirement of organization is supposed to be of special importance in international humanitarian law (IHL). In the situation of international armed conflict (IAC), this requirement is implicit as part of the collective conditions to be fulfilled by irregular/independent armed groups to enable their members to claim the prisoners of war status under Article 4 A(2) of the Third Geneva Convention. In a non-international armed conflict (NIAC), the eponymous requirement serves, alongside the requirement of intensity of violence, as the threshold condition for ascertaining the onset of a NIAC. While the requirement of organization has not caused much of disputes in IACs, the international criminal tribunals have shown a willingness to examine scrupulously if armed groups in NIACs are sufficiently organized. Still, this article argues that there is need for a nuanced assessment of the organizational level of an armed group in some specific phases of the ongoing armed conflict whose legal character switches (from an NIAC to an IAC, vice-versa, and from a NIAC to a law-enforcement model). It explores what rationales and argumentative model may be adduced to explain such varying standards for organization in different contexts.

Appointment

1969 ◽  
Vol 9 (102) ◽  
pp. 491-491 ◽  
Keyword(s):  
International Committee ◽  
Second World War ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
East European ◽  
Middle East Countries ◽  
Wide Experience ◽  
Second World

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.

Reaffirmation and Development of International Humanitarian Law

1977 ◽  
Vol 17 (190) ◽  
pp. 3-14
Author(s):  
Vassili Potapov
Keyword(s):  
Geneva Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Hague ◽  
The Law

A line of demarcation between regular and irregular combatants was drawn up in 1907 by Articles 1, 2 and 3 of the Hague Regulations, provisions of which have been supplemented by Article 4 of Geneva Convention III of 1949, Articles 13 and 14 of Geneva Convention I of 1949, and Articles 12 and 16 of Geneva Convention II of 1949. Together, these provisions constituted the law on this subject.

Child Witnesses: The Cases of World War I and Darfur

PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1565-1576 ◽  
Author(s):  
Margaret R. Higonnet
Keyword(s):  
Human Rights ◽  
World War I ◽  
Turning Point ◽  
Prisoners Of War ◽  
Child Witnesses ◽  
World War ◽  
Total War ◽  
Law Of Nations ◽  
The Hague ◽  
The Great War

Why, the war is for children.—Angelo PatriAs the First “Total” War of the Twentieth century, World War I marked a turning point in the understanding of what Goya had called the disasters of war. The years 1914–18 witnessed a difficult struggle to recognize and defend civilian rights in wartime, rights that had primarily been defined as those of soldiers and prisoners of war, under the Taws and Customs of War on Tand, established at The Hague in 1899 and 1907. Wartime conditions that blurred lines between civilian and combatant unleashed violations of civilians' human rights that the conventions had not anticipated. The ensuing debate during the Great War exemplified the growing complexity of disputes about human rights. In particular, it revealed that competing claims of victimization could exacerbate reprisals in the confusion of combat. In a duel of countercharges, states published documentation carrying titles that denounced enemy indifference to the “law of nations,” such as Die volkerrechtswidrige Fuhrung des belgischen Volkskriegs (“The Conduct of the Belgian People's War in Violation of the Taw of Nations” [1915]) and Rapports… en vue de constater les actes commis par l'ennemi en violation du droit des gens (“Reports … to Record Enemy Actions in Violation of the Taw of Nations” [1915]). A “war of words” raged, as well as a war of dumdum bullets that spread on impact, poison gas, and aerial bombardment—all instruments of war that had been explicitly banned by the conventions of the preceding years.

12 Protection of the Wounded, Sick, and Shipwrecked

2021 ◽  
Author(s):  
Kleffner Jann K ◽  
von Heinegg Wolff Heintschel
Keyword(s):  
Geneva Convention ◽  
Armed Forces ◽  
Medical Personnel ◽  
Hague Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Scope Of Application ◽  
The Hague ◽  
Definition Of ◽  
The Hague Convention

This chapter studies the protection of the wounded, sick, and shipwrecked. The definition of persons protected under the various treaties for the protection of the wounded, sick, and shipwrecked evolved constantly from the adoption of the 1864 Geneva Convention, which only applied to ‘combatants’. The 1906 Geneva Convention subsequently broadened the scope of application to add ‘other persons officially attached to the armed forces’, and the 1929 Geneva Convention similarly referred to ‘officers and soldiers and other persons officially attached to the armed forces’. As far as warfare at sea was concerned, the Hague Convention (III) of 1899 applied to ‘sailors and soldiers who are taken on board’, while the 1907 Hague Convention (X) added to this definition ‘other persons officially attached to fleets or armies’ in analogy to the 1906 Geneva Convention. The chapter then looks at the protection of medical personnel and the rules of international humanitarian law on the dead and missing persons. It also details the development which has led to the adoption of a new protective emblem: the Red Crystal.

Ensuring national compliance with IHL: The role and impact of national IHL committees

2014 ◽  
Vol 96 (895-896) ◽  
pp. 1043-1048 ◽  
Author(s):  
Cristina Pellandini
Keyword(s):  
International Law ◽  
Large Range ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
Cultural Property ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups

Since the First Geneva Convention was adopted in 1864, international humanitarian law (IHL) has become a complex and steadily developing body of international law. Its conventions, protocols and customary rules encompass a large range of subjects, from the protection of the sick and wounded, civilians, civilian objects, prisoners of war and cultural property to the restriction or prohibition of specific types of weapons and methods of warfare. All parties to a conflict are bound by applicable IHL, including armed groups involved in non-international armed conflicts.

The Vukovar Hospital case from the perspective of a national investigative judge

2013 ◽  
Vol 95 (890) ◽  
pp. 267-286
Author(s):  
Miroslav Alimpić
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Hague ◽  
Court Proceedings ◽  
Special Protection

AbstractAmong the increasingly frequent acts of non-compliance with, and grievous violations of, international humanitarian law around the world, especially in non-international armed conflicts, attacks on objects and persons enjoying special protection, and their abuse, as well as the misuse of the distinctive emblems of the Red Cross and Red Crescent, come as no surprise. Although a repressive approach to the problem – through the prosecution and punishment of perpetrators – cannot completely prevent such occurrences, an effective and appropriate judicial stigmatisation can significantly contribute to making them as rare as possible. In this regard, the court proceedings held before the War Crimes Chamber in Belgrade and the International Criminal Tribunal for the former Yugoslavia in The Hague in connection with the events in and around the Vukovar Hospital and Ovčara farm have provided an appropriate judicial response. This is notwithstanding the fact that, at least for now, not all perpetrators have been prosecuted for their acts (or failure to act) at the time of the commission of these grave crimes.

scholarly journals Dealing with Desertion and Gaps in International Humanitarian Law: Changes of Allegiance in the Singapore War Crimes Trials

2016 ◽  
Vol 8 (2) ◽  
pp. 350-370 ◽  
Author(s):  
W.L. CHEAH
Keyword(s):  
World War Ii ◽  
War Crimes ◽  
Prisoners Of War ◽  
Comprehensive Approach ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
War Crimes Trials

AbstractBy studying British Indian Army [BIA] desertions during World War II, and British postwar trial responses, this paper explores the complicated dimensions of desertion and draws attention to the need for a more explicit and comprehensive approach to desertion in international humanitarian law. The paper focuses on less known British trials dealing with desertion, namely, war crimes trials conducted by the British in Singapore. It examines how these trials dealt with contested interpretations of desertion. Drawing on lessons from these trials, the paper then highlights gaps in today’s international humanitarian law framework, specifically, the need to take into account the realities of desertion, its different permutations, and the difficulties of differentiating between prisoners of war [POWs] and deserters.

scholarly journals ENGLISH: Islamic Jurisprudence and Geneva Convention: Searching Compatibility for Women Worriers’ Rights

rahatulquloob ◽  
2021 ◽  
pp. 96-105
Author(s):  
Dr. Barkat Ali ◽  
Dr. Muhammad Saeed Sheikh ◽  
Dr. Muhammad Sohail
Keyword(s):  
Islamic Law ◽  
Geneva Convention ◽  
Research Question ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Women Warriors ◽  
Main Research ◽  
Common Code ◽  
Islamic Jurisprudence

This research paper evaluates the Islamic values vis-a-vis Geneva Convention concerning the rights of women warriors as prisoners of war by the victorious country. The discussion is to discover the similarities and differences between the two areas on the subject. This study focuses the probability of combining these two separate areas but common in objectivity. The Islamic law protects the women from the scourges of war in a number of ways. Similarly, the Geneva Convention also tries to protect the women as prisoners of war. This study concerns the main research question as to whether there may be the compatibility between Islamic and Geneva Convention law for developing a common code on the issue of rights of women worriers. The objective of the study undertaken is to develop a common code through reconciliation between these two separate regulations for conducting war, and ensuring the upholding of human dignity of female worriers. This will complement the existing knowledge on the issue as a guideline for all concerned in the context of International Humanitarian Law.

scholarly journals The Problem of Cyber Espionage in the International Humanitarian Law

2021 ◽  
pp. 70-80
Author(s):  
S. Yu. Garkusha-Bozhko
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Geneva Convention ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Practical Application ◽  
Additional Protocol ◽  
Cyber Espionage ◽  
The Hague

INTRODUCTION. The article analyses the problem of cyber espionage in the context of armed conflict in cyberspace. The relevance of this research, as part of the problem of international humanitarian law applying in cyberspace, is confirmed by the rapid development of cyber technologies that can be used during armed conflict, as well as the availability of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations.MATERIALS AND METHODS. The main sources of this research are the provisions of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, the rules of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the rules of the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of custom- ary international humanitarian law. The methodology consists of the principles used in legal research, as well as general scientific and special methods of legal research (system and formal legal methods).RESEARCH RESULTS. The provisions of the Tallinn Manual on cyber espionage were examined for compliance with the relevant provisions of Additional Protocol I of June 08, 1977 to the Geneva Convention of August 12, 1949, the Hague Regulations on the Laws and Customs of War on Land of 1907, and the rules of customary international humanitarian law, as well as the problems that may arise in the process of possible practical application of this provision of the Tallinn Manual.DISCUSSION AND CONCLUSIONS. It is noted that the provisions of the Tallinn Manual 2.0 on cyber espionage are based on the relevant rules of international law. In fact, the relevant provision of the Tallinn Manual is completely copied from the relevant rules of IHL. However, based on the results of this research, the author comes to the conclusion that such blind copying does not take into account the specifics of cyberspace and leads to the following problems in the possible practical application of this provision of the Tallinn Manual: firstly, due to the anonymity of users, it will be difficult to distinguish between a cyber intelligence officer and a cyber spy in practice. Secondly, due to the difficulties in establishing clear state borders in cyberspace, including due to the use of blockchain and VPN technologies, in practice it is impossible to reliably establish whether secret information was collected on the territory of the enemy, which, in turn, leads to difficulties in qualifying such an act as cyber espionage. Finally, in the context of modern armed conflicts, espionage has ceased to be a phenomenon exclusively of international armed conflicts, and therefore it is likely that cyber espionage can be carried out not only in the context of an international armed conflict, but also in the context of a non-international armed conflict. Based on the results of this research, suggestions were made to develop state practice on this issue. It is desirable that States raise the discussion of the above issues at the UN General Assembly, which would help to identify the main trends in the development of such practices. Only And only after the practice of States on this issue becomes more obvious, the question of developing an appropriate international treaty, preferably within the UN, can be raised.

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