San Remo Manual on International Law Applicable to Armed Conflict at Sea

1995 ◽  
Vol 35 (309) ◽  
pp. 583-594 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Use Of Force ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Direct Relevance ◽  
The Law

The law regulating the use of force at sea has long been due fora reevaluation in the light of developments in methods and means of warfare at sea and the fact that major changes have taken place in other branches of international law of direct relevance to this issue. This need was reflected in Resolution VII of the 25th International Conference of the Red Cross, which noted that “some areas of international humanitarian law relating to sea warfare are in need of reaffirmation and clarification on the basis of existing fundamental principles of international humanitarian law” and therefore appealed to “governments to co-ordinate their efforts in appropriate fora in order to review the necessity and the possibility of updating the relevant texts of international humanitarian law relating to sea warfare”.

scholarly journals Instytucjonalizacja współpracy w zakresie grobownictwa wojennego

2015 ◽  
pp. 88-103
Author(s):  
Joanna Szymoniczek
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Public ◽  
Social Organizations ◽  
Law Of Armed Conflict ◽  
The Us ◽  
Special Protection

Resting places of fallen soldiers – war cemeteries – are monuments to soldiers’ heroism, and thus are of special significance not only for those who have lost their loved ones, but also for entire nations, countries and communities. Therefore, such cemeteries are created under the provisions of relevant authorities, and then put under the special protection of the public. These issues are closely regulated by international law established throughout the twentieth century. Cemeteries are protected by the state on whose territory individual objects are placed. However, the problem of cemeteries is more and more often the responsibility of social organizations. According to the international humanitarian law of armed conflict, specific tasks in this respect are assigned to the tracing services of Red Cross and Red Crescent societies, who deal with the registry of exhumation, inhumation and body transfer, hold deposits, establish the fate of victims of war and issue death certificates. Institutions that deal with exploration, keeping records, exhumation of remains and the construction or revaluation of the graves of fallen citizens buried outside the borders of their own countries include the Council for the Protection of Struggle and Martyrdom Sites, the German People’s Union for the Care of War Graves, the Commonwealth War Graves Commission, the Austrian Red Cross (Österreichisches Schwarzes Kreuz), the American Battle Monuments Commission, the US Commission for the Preservation of America’s Heritage Abroad and the Italian Commissariat General for the Memory of Killed in War (Commissariato Generale per le Onoranze Caduti in Guerra). For political reasons, tasks related to war cemeteries are assigned to social organizations, because their actions are believed to be more effective and less bureaucratic than those of states.

States' entitlement to take action to enforce international humanitarian law

1989 ◽  
Vol 29 (270) ◽  
pp. 177-195 ◽  
Author(s):  
Kamen Sachariew
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Human Life ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Lasting Peace ◽  
The Relationship ◽  
Ultimate Purpose

The ultimate purpose of dissemination of and compliance with international humanitarian law (IHL) is to mitigate the effects of armed conflict and provide the best possible protection for its victims. At the same time, IHL fosters wider acceptance of the ideals of humanity and peace between peoples. The relationship between IHL, the struggle for peace and the prohibition of the use of force is becoming ever clearer as the realization grows that lasting peace, development and peaceful international co-operation can be achieved only on the basis of compliance with international law and respect for human life and dignity.

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.

An Exercise in the Development of International Law: The New ICRC Study on Customary International Humanitarian Law

2005 ◽  
Vol 6 (9) ◽  
pp. 1217-1242 ◽  
Author(s):  
Malcolm MacLaren ◽  
Felix Schwendimann
Keyword(s):  
International Law ◽  
Significant Contribution ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
High Level

On 17 March 2005, the President of the International Committee of the Red Cross (ICRC), Jakob Kellenberger, presented a study (hereinafter “the Study”) of customary international humanitarian law (IHL). A decade earlier, the International Conference of the Red Cross and Red Crescent had mandated the ICRC to “prepare […] a report on customary rules of IHL applicable in international [IAC] and non-international armed conflicts [NIAC], and to circulate the report to States and competent international bodies.” The Study's objective was to capture a “photograph” of the existing, hitherto unwritten rules that make up customary IHL. Comprehensive, high-level research into customary IHL followed; the end result of which is undeniably a remarkable feat and a significant contribution to scholarship and debate in this area of international law.

Ten questions to Philip Spoerri, ICRC Director for International Law and Cooperation

2012 ◽  
Vol 94 (887) ◽  
pp. 1125-1134 ◽  
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Republic Of The Congo ◽  
The One

With the globalisation of market economies, business has become an increasingly prominent actor in international relations. It is also increasingly present in situations of armed conflict. On the one hand, companies operating in volatile environments are exposed to violence and the consequences of armed conflicts. On the other hand, some of their conduct in armed conflict may lead to violations of the law.The International Committee of the Red Cross (ICRC) engages with the private sector on humanitarian issues, with the aim of ensuring compliance or clarifying the obligations that business actors have under international humanitarian law (IHL) and encouraging them to comply with the commitments they have undertaken under various international initiatives to respect IHL and human rights law.In times of conflict, IHL spells out certain responsibilities and rights for all parties involved. Knowledge of the relevant rules of IHL is therefore critical for local and international businesses operating in volatile contexts. In this Q&A section, Philip Spoerri, ICRC Director for International Law and Cooperation, gives an overview of the rules applicable to business actors in situations of conflict, and discusses some of the ICRC's engagement with business actors.Philip Spoerri began his career with the ICRC in 1994. Following a first assignment in Israel and the occupied and autonomous territories, he went on to be based in Kuwait, Yemen, Afghanistan, and the Democratic Republic of the Congo. In Geneva, he headed the legal advisers to the Department of Operations. He returned to Afghanistan as head of the ICRC delegation there from 2004 to 2006, when he took up his current position. Before joining the ICRC, he worked as a lawyer in a private firm in Munich. He holds a PhD in law from Bielefeld University and has also studied at the universities of Göttingen, Geneva, and Munich.

19 The Law of Non-International Armed Conflict

2021 ◽  
Author(s):  
Fleck Dieter
Keyword(s):  
Twentieth Century ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Basic Principles ◽  
Progressive Development ◽  
Law Of Armed Conflict ◽  
The Law

This chapter provides an overview of the law of non-international armed conflicts and its progressive development. The law of armed conflict, as it has developed in the last part of the nineteenth and the first part of the twentieth century, deals predominantly with wars between states. Its basic principles and rules are, however, likewise relevant for non-international armed conflicts: in all armed conflicts, elementary considerations of humanity must be respected under all circumstances, in order to protect victims, to reduce human sufferings, and to minimize damages to objects vital for survival. Therefore, the parties to the conflict do not have an unlimited choice of the means and methods of conducting hostilities, nor of selecting the targets to be attacked, and they must protect the victims from the effects and consequences of war. This concept is reflected in the principles and rules of international humanitarian law, to be respected by all and, while taking military necessity into account, limiting the use of force for humanitarian reasons. Parties to the conflict respecting these principles and rules are considered as respecting the international order, while those seriously violating them will commit internationally wrongful acts and perpetrators are liable to punishment.

Corporate actors: the legal status of mercenaries in armed conflict

2006 ◽  
Vol 88 (863) ◽  
pp. 599-611 ◽  
Author(s):  
Katherine Fallah
Keyword(s):  
International Law ◽  
Significant Role ◽  
Armed Conflict ◽  
Legal Status ◽  
Conventional Approach ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Industry ◽  
The Law ◽  
Modern Warfare

AbstractCorporate actors are taking on an increasingly significant role in the prosecution of modern warfare. Traditionally, an analysis of the law applicable to corporate actors in armed conflict commences with inquiry into the law as it applies to mercenaries. As such, the rise of the private military industry invites a reconsideration of the conventional approach to mercenaries under international law. This article critically surveys the conventional law as it applies to mercenaries, and considers the extent to which corporate actors might meet the legal definitions of a “mercenary”. It demonstrates that even mercenaries receive protection under international humanitarian law.

Commission I: War victims and respect for international humanitarian law

1996 ◽  
Vol 36 (310) ◽  
pp. 36-42
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
War Victims

Commission I, which was chaired by H.E. Ambassador Hisashi Owada, Permanent Representative of Japan to the United Nations in New York, had two main items on its agenda: discussion of the follow-up to the 1993 International Conference for the Protection of War Victims held in Geneva and action to be taken in that regard by the 26th International Conference, and examination of a number of humanitarian issues relating to the protection of the civilian population in times of armed conflict. The Commission also took note of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea.

The right to life in armed conflict: does international humanitarian law provide all the answers?

2006 ◽  
Vol 88 (864) ◽  
pp. 881-904 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The Law ◽  
The Right

AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right to life is suitable to supplement the rules of international humanitarian law relating to the use of force for non-international conflicts and occupation, as well as the law relating to civilians taking a “direct part in hostilities”. Finally, by making reference to the traditional prohibition of assassination, the author concludes that the application of human rights law in these situations would not undermine the spirit of international humanitarian law.

Follow-up to the International Conference for the Protection of War Victims (1993) — Guidelines for Military Manuals and Instructions on the Protection of the Environment in Times of Armed Conflict

1996 ◽  
Vol 36 (311) ◽  
pp. 230-237
Author(s):  
Hans-Peter Gasser
Keyword(s):  
Armed Conflict ◽  
International Federation ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Geneva Conventions ◽  
War Victims ◽  
Objective Being

Resolution 1 adopted by the 26th International Conference of the Red Cross and Red Crescent (Geneva, 1995) endorsed the recommendations drawn up by an intergovernmental group of experts charged with translating the Final Declaration of the International Conference for the Protection of War Victims (Geneva, August/September 1993) into proposals for “concrete and effective measures”. These recommendations are addressed primarily to the States party to the Geneva Conventions, including the depositary of those instruments. However, the ICRC, the International Federation of Red Cross and Red Crescent Societies and the National Red Cross and Red Crescent Societies are also urged to contribute to the effort of achieving better implementation of international humanitarian law, the main objective being to prevent violations from occurring.

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