The application of humanitarian law by the armed forces of the United Nations Organization

1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Armed Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

Human Rights and Protocol II

1983 ◽  
Vol 23 (236) ◽  
pp. 246-254 ◽  
Author(s):  
Sylvie Junod
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
The United Nations

Human rights, particularly civil and political, have influenced the latest developments in international humanitarian law, especially 1977 Protocol II relating to non-international armed conflicts. At the Teheran Conference in 1968 the United Nations began to reconcile these two branches of international law; it was at this Conference that international humanitarian law was first called “human rights in periods of armed conflict”. This rapprochement was helped further by the adoption in the 1977 Protocols of some basic rules identical to those in the Human Rights Conventions; it helps strengthen the protection of human beings in situations of armed conflict.

Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: Conference of Red Cross Experts

1971 ◽  
Vol 11 (121) ◽  
pp. 193-206
Keyword(s):  
The Netherlands ◽  
United Nations ◽  
International Committee ◽  
Secretary General ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Hague ◽  
The United Nations

On 1 March 1971, the Conference of Red Cross experts on the reaffirmation and development of international humanitarian law applicable in armed conflict opened at the Peace Palace in The Hague. The Conference, of which the significance was explained in our March issue, and which continued until 6 March, was convened by the International Committee of the Red Cross and organized with the valuable co-operation of the Netherlands Red Cross Society. Sixty-nine delegates, representing 34 National Red Cross and Red Crescent Societies, participated in the session.The opening meeting, under the Chairmanship of the Jonkheer Kraijenhoff, President of the Netherlands Red Cross Society, took place in the main hall of the International Court of Justice, in the presence of H.E. Mr. C. H. F. Polak, Minister of Justice, Mr. V. G. M. Marijnen, Burgomaster of The Hague, Mr. Marcel A. Naville, President of the ICRC, Mr. Marc Schreiber, Director of the U.N. Human Rights Division, Mr. Nedim Abut, Under Secretary-General of the League of Red Cross Societies, and many diplomatic representativesA number of speakers took the floor. Mr. Marijnen bade the participants welcome; Mr. Schreiber presented the greetings and good wishes of the United Nations Secretary-General, underlining the excellent co-operation between the United Nations and the ICRC. The Presidents of the Netherlands Red Cross and of the ICRC each delivered an address, the main passages of which we reproduce below, not omitting to mention that Mr. Naville expressed the Geneva institution's gratitude to the Netherlands Red Cross which played a determining role in the organizing of the Conference.

scholarly journals Odpowiedzialność za naruszenie międzynarodowego prawa humanitarnego przez siły pokojowe Organizacji Narodów Zjednoczonych

2020 ◽  
pp. 49-69
Author(s):  
Jacek Stochel
Keyword(s):  
United Nations ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Peacekeeping Operations ◽  
Lethal Force ◽  
The Subject ◽  
The United Nations ◽  
Traditional Understanding

Operations under the auspices of the Security Council mandate span over 70 years. Repeatedly involved in resolving armed conflicts, they have made a significant contribution to ensuring security and stability around the world. In practice, they have taken the form of operations by individual states, coalitions, other international organizations or simply as United Nations missions composed of contingents provided by Troop Contribution Countries (TCC). While operations under the auspices of the United Nations have been involved on several occasions in offensive activities under Chapter VII of the Charter of the United Nations, and the question of responsibility for these actions has been the subject of many legal analyses and judgments, missions organized by the United Nations are always recognized as neutral, and their activities as conciliatory and focused on monitoring the cessation of hostilities, or supervising the disengagement between the parties of the conflict, with the use of force limited to self-defence. Thus, such operations benefited from legal protection, and any action against them was considered a violation of international law. The current engagement of United Nations goes far beyond the traditional understanding of peacekeeping operations. UN missions are frequently authorized to employ all necessary means, up to and including the use of lethal force or even neutralization of the armed group. This creates a situation where in the light of International Humanitarian Law, such actions can be recognized as involvement in armed conflict. This article is intended to show the problems that the international community will soon face to in using United Nations’ missions as an instrument for resolving armed conflicts and as a tool for restoring peace and providing stability and securityin the area of operations. It presents the processes of decision-making and subordination, which in some circumstances might result in the United Nations missions being deprived of legal protection and, in addition, made liable for non-compliance with the provisions of International Humanitarian Law.

Some Aspects of Prisoner-of-war Status According to the Geneva Protocol I of 1977

1985 ◽  
Vol 20 (2-3) ◽  
pp. 243-281
Author(s):  
Nissim Bar-Yaacov
Keyword(s):  
United Nations ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Prisoner Of War ◽  
The Third ◽  
Geneva Conventions ◽  
The United Nations ◽  
First Session

The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, convened by the Swiss Federal Council, held four sessions in Geneva during the years 1974–1977. On 8 June 1977, the Conference adopted by consensus two Protocols Additional to the Geneva Conventions of 12 August 1949, the first relating to the protection of victims of international armed conflicts (Protocol I), and the second relating to the protection of victims of noninternational armed conflicts (Protocol II).The states invited to the Conference were all the states Parties to the Geneva Conventions of 1949, and such states non-Parties as were members of the United Nations. 126 states were represented at the first session, 121— at the second, 106—at the third and 109—at the fourth.

Road to Nowhere? The Future for a Declaration on Fundamental Standards of Humanity

2012 ◽  
Vol 3 (1) ◽  
pp. 43-72 ◽  
Author(s):  
Emily Crawford
Keyword(s):  
United Nations ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Grey Zone ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Geneva Conventions ◽  
The United Nations ◽  
Current Terminology

In the years following the adoption of the Additional Protocols to the Geneva Conventions in 1977, debate emerged regarding the extant lacunae in the international rules relating to armed conflict. It was argued that there were gaps in international humanitarian law (IHL) and international human rights law with regards to so-called ‘grey-zone conflicts’ – armed conflicts that did not reach the minimum threshold of either Protocol II or Common Article 3. Therefore, it was proposed that a declaration outlining the minimum humanitarian standards applicable in all situations of violence and conflict be adopted. By 1990, this debate had crystallised around the Turku Declaration on Minimum Humanitarian Standards. However, progress on the declaration quickly stalled once discussion was moved to the United Nations. Since 1995, there have been nine reports by the Secretary-General on the question of fundamental standards of humanity to use the current terminology. Over the years, the scope and content the fundamental standards of humanity has become clearer, yet the adoption of a document on these fundamental standards is no more imminent than when the issue first moved to the United Nations. This article will therefore examine why and how this apparently vital piece of international policy has stalled.

Diplomatic Conference on the reaffirmation and development of international humanitarian law applicable in armed conflicts

1975 ◽  
Vol 15 (167) ◽  
pp. 86-87
Keyword(s):  
Nongovernmental Organizations ◽  
United Nations ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The World ◽  
The United Nations ◽  
Swiss Government

On 20 February 1974, the Diplomatic Conference convened by the Swiss Government opened in Geneva. It was attended by the plenipotentiaries of 118 States parties to the Geneva Conventions of 12 August 1949 and members of the United Nations, and by representatives of numerous international, intergovernmental and nongovernmental organizations. The Conference examined the two draft Protocols Additional to the Geneva Conventions which the ICRC had prepared with the assistance of experts from countries all over the world, for the purpose of supplementing international humanitarian law in view of the development of conflicts. Since armed conflicts, unhappily, break out from time to time and the forms and techniques of warfare develop, it has become necessary to adapt the Geneva Conventions to present-day circumstances.

Convocation of the Diplomatic Conference

1973 ◽  
Vol 13 (151) ◽  
pp. 516-518
Keyword(s):  
United Nations ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Member States ◽  
Geneva Conventions ◽  
The United Nations ◽  
War Victims

The Swiss Federal Council has invited all States parties to the Geneva Conventions of 12 August 1949 for the protection of war victims, and all member States of the United Nations to send representatives to the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, which it is convening to meet in Geneva from 20 February to 29 March 1974.

International Humanitarian Law and Human Rights Law

1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Affairs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The United Nations

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

UN Peacekeeping Operations: Applicability of International Humanitarian Law and Responsibility for Operations-Related Damage

2000 ◽  
Vol 94 (2) ◽  
pp. 406-412 ◽  
Author(s):  
Daphna Shraga
Keyword(s):  
United Nations ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Peacekeeping Operations ◽  
Geneva Conventions ◽  
Un Peacekeeping ◽  
The United Nations ◽  
First Time

In the five decades that followed the Korea operation, where for the first time the United Nations commander agreed, at the request of the International Committee of the Red Cross (ICRC), to abide by the humanitarian provisions of the Geneva Conventions, few UN operations lent themselves to the applicability of international humanitarian law

Sign in / Sign up

Export Citation Format

Share Document