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”.

International criminal jurisdiction, international humanitarian law and humanitarian action

1997 ◽  
Vol 37 (321) ◽  
pp. 623-634
Author(s):  
Jacques Stroun
Keyword(s):  
Second World War ◽  
Fundamental Rights ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Humanitarian Action ◽  
Geneva Conventions ◽  
The Individual ◽  
Second World

Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.

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.

scholarly journals THE INTERNATIONAL HUMANITARIAN LAW APPLICABLE IN THE NEW TYPES OF ARMED CONFLICTS

2014 ◽  
Vol 8 (4) ◽  
pp. 184-193
Author(s):  
Nicolae David Ungureanu
Keyword(s):  
Second World War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Modern Period ◽  
Second World

The international humanitarian law applicable in armed conflicts has evolved continuously since antiquity until today, its doctrinal writings pointing out during the modern period the influence that the progress of the concepts and the practices of war has had on the development of the normative conventions, especially the first and second world war, resulting in texts that are applicable even today.

Red Cross Society of China: The 1977 Geneva Protocols and the development of international humanitarian law

1987 ◽  
Vol 27 (258) ◽  
pp. 282-287
Author(s):  
Su Wei
Keyword(s):  
Geneva Convention ◽  
Armed Conflicts ◽  
The Other ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Liberation ◽  
Outstanding Problem ◽  
Geneva Conventions ◽  
Occupied Territories

Ten years ago, two Protocols additional to the Four Geneva Conventions were adopted in Geneva: one relating to the protection of victims of international armed conflicts, the other to the protection of victims of non-international armed conflicts. This marked a forward step in the development of international humanitarian law applicable in armed conflicts. The most outstanding problem confronting international humanitarian lawyers in the postwar years has been the protection of civilians in circumstances of armed conflicts, particularly in a period characterized by wars of national liberation. The two Protocols scored achievements on two points. First, provisions were elaborated aiming at protecting civilians from the effects of hostilities as opposed to simply protecting civilians in occupied territories as had been the case of the Fourth Geneva Convention of 1949. Secondly, the scope of the application of humanitarian law was greatly widened so as to bring a greater number of victims of armed conflicts under the protection of humanitarian law. This should in turn facilitate the observance and implementation of humanitarian law in conflicts. It is attempted in this paper to make some comments on the achievements of the Protocols, especially Protocol I relating to international armed conflicts.

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

The urgent need to apply the rules of humanitarian law to so-called internal armed conflicts

1961 ◽  
Vol 1 (5) ◽  
pp. 250-257
Author(s):  
Boško Jakovljevlć ◽  
Jovica Patrnogić
Keyword(s):  
Second World War ◽  
Armed Conflicts ◽  
Red Cross ◽  
Humanitarian Law ◽  
World War ◽  
Geneva Conventions ◽  
International Conventions ◽  
Second World ◽  
General Condemnation ◽  
Great Victory

The 12th of August 1949 is without doubt one of the most important dates in humanitarian law and in the development of the idea of the protection of man. It was then that four new Conventions were adopted in Geneva relative to the protection of victims of armed conflicts. In so far as they express general condemnation of war crimes committed during the Second World War, as well as the determination to prevent their recurrence in any possible sort of future conflict, the Geneva Conventions must be regarded as a bastion for the protection of all victims of armed conflict as well as a serious warning to all those who might be disposed to make a misuse of force or violate humanitarian principles. This great victory of the humanitarian spirit and of the principles which it inspires, by virtue of which one should not only avoid inflicting suffering on those who are deprived of protection or on non-combatants, but one should also accord them assistance and care for them if necessary, is due to a large extent to the Red Cross. The forces of progress have given their support to this idea and have made possible its realization within the framework of the International Conventions of the Red Cross. The new Geneva Conventions, which in the evolution of humanitarian law at present represent a decisive phase in a given sector, constitute an extremely solid and complete legal code which has been meticulously drawn up and which is both logical and coherent.

scholarly journals International Humanitarian Law as a Source of Protection for Refugees from Areas of Armed Conflict

Refuge ◽  
1997 ◽  
pp. 6-8
Author(s):  
Karoline Kerber
Keyword(s):  
Human Rights ◽  
Geneva Convention ◽  
Legal Protection ◽  
Armed Conflicts ◽  
European Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Norms ◽  
The Status ◽  
Primary Focus

The primary focus of attention in discussions on legal norms protecting refugees are usually the 1951 Geneva Convention relating to the Status of Refugees and more recently international human rights instruments, such as the European Convention on Human Rights. In the context of armed conflicts, however, it seems natural to think of international humanitarian law as applicable in armed conflicts. This article examines the potential of international humanitarian law, i.e. the four Geneva Conventions of 1949 and their additional protocols of 1977, as sources of legal protection for refugees who seek shelter outside their home country.

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.

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.

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.

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