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.

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.

The interrelation of the law of occupation and economic, social and cultural rights: the examples of food, health and property

2008 ◽  
Vol 90 (871) ◽  
pp. 629-651 ◽  
Author(s):  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Regime ◽  
Cultural Rights ◽  
Standards Of Living ◽  
The Hague ◽  
The Law

AbstractThe current legal regime relative to occupation is no longer based solely on the contributions made by customary law and treaty-based law as set forth in the law of The Hague and the law of Geneva. It has undergone a thorough change with the progressive recognition of the applicability of human rights law to the situations which it governs, and their complementarity has been highlighted on several occasions. The question of the interrelation of international humanitarian law and human rights is not resolved merely by analysing their respective areas of application. The author examines the issue at the level of their individual rules. He considers whether the rules of international humanitarian law are confirmed, complemented, relativized or even contradicted by those deriving from human rights. The analysis focuses more particularly on the interrelation of the law of occupation and economic, social and cultural rights by concentrating on the promotion of adequate standards of living (right to food, right to health) and respect for property.

The 1977 Protocols: a landmark in the development of international humanitarian law

1997 ◽  
Vol 37 (320) ◽  
pp. 483-505 ◽  
Author(s):  
René Kosirnik
Keyword(s):  
Initial Period ◽  
The Political ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The South ◽  
The North ◽  
The World ◽  
The Hague ◽  
The Law ◽  
East West

By adopting on 8 June 1977 the two Protocols additional to the 1949 Conventions, the States meeting in Geneva brought to a successful conclusion four years of arduous negotiations. The Protocols took four years, the Conventions only four months. Why such a huge difference?In 1949, once the initial period of instinctive rejection of anything related to war had passed, a natural consensus emerged regarding the main evils which needed to be banned by law. Besides, the delicate subject of the rules governing the conduct of hostilities — the law of The Hague, as it is called, also part of humanitarian law — was left out of the discussions. It was also a time when the political map of the world was fairly monolithic, in the sense that the North still dominated the South, and East-West tensions had not yet escalated.

scholarly journals Roles and Actions That Should Be Taken by The Parties In The War In Concerning Wound and Sick Or Dead During War or After War Under The Geneva Convention 1949

2021 ◽  
Vol 7 (1) ◽  
pp. 170
Author(s):  
Dewa Gede Sudika Mangku
Keyword(s):  
Geneva Convention ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Human Beings ◽  
International Conflicts ◽  
International Protection ◽  
International Scope ◽  
War And Conflict ◽  
The Hague ◽  
The Law

Modern international humanitarian law consists of two historical streams: The Law of The Hague which in the past was referred to as the law of war proper, and Geneva Law or Humanitarian Law. The two schools are named after the venue for the international conferences drafting treaties on war and conflict, especially the Hague Conventions 1899 and 1907 and the Geneva Conventions, which were drafted for the first time in 1863. Both Hague Law and Geneva Law are branches from jus in bello, namely international law regarding acceptable practices in the conduct of war and armed conflict). The result of the writing of this article is that basically the scope of the First Geneva Convention in the context of scale provides protection in international and non-international conflicts, but the basis for non-international protection is not specifically explained in this convention, because in this First Geneva Convention. Non-international conflicts are only included in the General Provisions Chapter, and will be further clarified in Protocol II. This non-international scope is described in accordance with the First Geneva Convention Chapter I - General Provisions Article 3 regarding armed conflicts that are not international (non-international) taking place within the territory of one of the High Contracting Parties so that each Party to the conflict is obliged to implement the provisions applicable. The roles and actions that must be taken by the disputing parties during the war or not for the wounded and sick or dead cannot be separated from Human Rights, which must care for fellow human beings and please help regardless of ethnicity, religion, race, gender, age and skin. But in the Geneva convention only provides actions that should be done, there are no sanctions imposed if we ignore or do not comply with this Geneva convention. The method used in this research is normative juridical.

The Law of War in Serbia in 1877

1974 ◽  
Vol 14 (157) ◽  
pp. 171-178
Keyword(s):  
Geneva Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of War ◽  
The Law

Although the Geneva Convention of August 22, 1864, for the Amelioration of the Condition of the Wounded in Armies in the Field has today only symbolic significance, its spirit lives still in the Conventions that were subsequently elaborated. It played, indeed, a capital role in the development of international humanitarian law and, in view of that fact, it may be appropriate to indicate in what way it exerted an influence that became increasingly stronger and that made itself quickly felt on the laws of various countries.

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.

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.

scholarly journals THE ACT OF ABDUCTION AND WOMEN TRAFFICKING IN NON-INTERNATIONAL ARMED CONFLICT (NIAC): BOKO HARAM CASE

2021 ◽  
Vol 5 (1) ◽  
pp. 81-97
Author(s):  
Astrid Adelina ◽  
Nadhifa Khairunissa Ishadi
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Geneva Convention ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Suicide Bombing ◽  
Boko Haram ◽  
The Law

ABSTRACT Armed conflict situations will always have real negative implications, one of them is the attack against civilians. Civilians are considered as non-combatant, they do not participate in armed conflicts, thus they should not be targeted and attacked. One of the civilian groups who have special protection is women. But, in reality, women still frequently become the main victim. In the case of non-international armed conflict between Nigeria and Boko Haram, it is found that 2000 female students were abducted. They were sexually abused such as raped, sexual slavery, forced marriage, trafficked and ordered to commit suicide bombing. Nigeria is a state party to Additional Protocol II of the 1949 Geneva Convention as well as Rome Statute 1998. Nonetheless the crimes cannot be avoided and go unpunished. This paper highlights the analysis of the crime addressed to women from the perspective of international humanitarian law and international criminal law particularly in regards to the law enforcement. Research indicates that there is impunity which causes unwillingness of Nigeria to enforce the law against Boko Haram. Hence the international mechanism through ICC can be the best option to bring justice. Keywords: Boko Haram, International Criminal Law, International Humanitarian Law, Non-International Armed Conflict, Women.   ABSTRAK Keadaan konflik bersenjata akan selalu memiliki implikasi negatif yang nyata, salah satunya terhadap pihak sipil. Pihak sipil disebut sebagai non-kombatan, yaitu orang-orang yang tidak berpartisipasi di dalam konflik bersenjata, yang berarti orang-orang tersebut bukanlah target dan tidak boleh diserang. Salah satu pihak yang mendapat perlindungan khusus adalah perempuan. Tetapi, pada kenyataannya perempuan masih sering menjadi korban utama. dalam konflik non-internasional antara Nigeria dan Boko Haram, ditemukan fakta 2000 pelajar perempuan diculik. Mereka mengalami berbagai kekerasan seksual seperti pemerkosaan, budak seks, kawin paksa, perdagangan manusia, dan bahkan untuk melakukan bom bunuh diri. Nigeria adalah negara pihak Protokol Tambahan II Konvensi Jenewa 1949 dan Statuta Roma 1998. Namun kejahatan-kejahatan tersebut tidak dapat terhindari dan tidak diadili. Tulisan ini menitikberatkan penegakan hukum terkait kejahatan terhadap perempuan dilihat dari perspektif hukum humaniter internasional dan hukum pidana internasional. Berdasarkan penelitian, terdapat praktek impunitas yang menunjukan ketidakmauan Nigeria untuk melakukan penegakan hukum terhadap Boko Haram sebagai pelaku kejahatan tersebut. Oleh karenanya mekanisme ICC dapat merupakan pilihan terbaik untuk menegakan keadilan. Kata Kunci: Boko Haram, Hukum Humaniter Internasional, Hukum Pidana Internasional, Konflik Bersenjata Non-Internasional, Perempuan

Trends in the application of international humanitarian law by United Nations human rights mechanisms

1998 ◽  
Vol 38 (324) ◽  
pp. 481-503 ◽  
Author(s):  
Daniel O'Donnell
Keyword(s):  
Human Rights ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Peace Agreement ◽  
Internally Displaced ◽  
Working Groups ◽  
The Hague ◽  
The Law

UN human rights mechanisms continue to proliferate, producing numerous decisions and voluminous reports. This article reviews the ways in which such mechanisms apply international humanitarian law, including the law of Geneva and the law of The Hague. In doing so, it focuses mainly on the practice of the rapporteurs appointed by the UN Commission on Human Rights to investigate the human rights situations in specific countries and on that of the thematic rapporteurs and working groups which the Commission has entrusted with monitoring specific types of serious human rights violations wherever they occur, in particular the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the Representative of the Secretary-General on Internally Displaced Persons, whose mandates most often lead them to examine abuses occurring in the context of armed conflicts. Reference is also made to two innovative mechanisms which functioned in El Salvador: the first UN-sponsored “truth commission” and the first human rights monitoring body established as part of a comprehensive mechanism for monitoring compliance with a UN-sponsored peace agreement. Certain observations made by treaty monitoring bodies are also mentioned.

scholarly journals ENVIRONMENTAL PROTECTION IN ARMED CONFLICT ACCORDING TO INTERNATIONAL HUMANITARIAN LAW

2018 ◽  
Vol 3 (1) ◽  
pp. 12
Author(s):  
Desy Churul Aini ◽  
Desia Rakhma Banjarani
Keyword(s):  
Environmental Protection ◽  
National Parks ◽  
Armed Conflict ◽  
Human Life ◽  
Geneva Convention ◽  
Population Decline ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
The Hague

The environment is a victim of various armed conflicts that occur in some parts of the world. Such as Congo war in 1998 that create environmental damage like deployment of the HIV-AIDS virus, the extinction of national parks, wildlife poaching and the forest burning. In addition the Rwanda civil war in 1994 affected the loss of biodiversity, natural resources and population decline in rare animals such as the African Gorillas. While the former Yugoslavia war in 1991 that impact in environmental pollution of water, air and land that threaten human survival.The environment becomes a victim when the war was happend its caused the human, but on the other side, the environment can’t be separated from human life because somehow humans need the environment to. However, when the war was happend human can’t maintaining the environment even though there have been rules that regulate about the protection of the environment when the war takes place. Therefore, its necessary to analysed an environmental protection in armed conflict according to international humanitarian law.This research is discusses about how an environmental protection in armed conflict according to international humanitarian law, which aims to explain the regulations that apply to protect the environment at the armed conflict. This research uses normative law approach (literature research).The results of this study show that environmental protection in armed conflict is regulated in the conventions of international humanitarian law both from the Hague Law and the Geneva Law. In The Hague law the environmental protection is governed by the IV Hague Convention 1907of respecting the laws and customs of war and land Art 23 (g) and Art 55. In the Geneva Law an environmental protection is contained in the IV Geneva Convention 1949 Art 53 and Additional Protocol I in 1977 Art 35 (3), 54, 55, 56, 59, and Art 68. Basically both of Geneva and Hague Law against the use of weapons during the war that have an effected in environmental damage and the existence of precautions in the war on environmental protection life. Beside the Geneva and the Hague Law there are have other arrangements to protect the environment in the event of a war that is in ENMOD Convention Art 1 and 2.

Sign in / Sign up

Export Citation Format

Share Document