Council of Delegates of the International Red Cross and Red Crescent Movement Seoul, 16–18 November 2005: Resolutions

2005 ◽  
Vol 87 (860) ◽  
pp. 755-827

The Council of Delegates,reaffirming the undertaking of all States and parties engaged in armed conflict to respect and ensure respect for international humanitarian law,recognizing the importance of working toward the universal ratification of treaties on international humanitarian law,considering the continued importance of customary international humanitarian law in the light of the fact that not all humanitarian treaties have been universally ratified,noting that treaty law governing non-international armed conflicts is not well developed although these conflicts predominate today,recalling Resolution 1 of the 26th International Conference of the Red Cross and Red Crescent and the mandate entrusted to the ICRC to prepare a study on customary rules of international humanitarian law applicable in international and non-international armed conflicts,noting with great appreciation the extensive efforts undertaken by the ICRC to prepare this study in accordance with the above-mentioned mandate,1. welcomes the study on customary international humanitarian law published by the ICRC as an important contribution to the protection of war victims;2. recommends the study to all components of the Movement as a basis for discussion, where relevant, with national authorities, armed forces, academic circles and parties to an armed conflict;3. invites National Societies, to the extent of their capacities, to disseminate the findings of the study as widely as possible.

2019 ◽  
Vol 101 (911) ◽  
pp. 869-949

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.


1994 ◽  
Vol 34 (302) ◽  
pp. 450-457 ◽  
Author(s):  
Hans-Peter Gasser

In its Final Declaration of 1 September 1993, the International Conference for the Protection of War Victims inter alia urged all States to make every effort to:“Consider or reconsider, in order to enhance the universal character of international humanitarian law, becoming party or confirming their succession, where appropriate, to the relevant treaties concluded since the adoption of the 1949 Geneva Conventions, in particular:—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts of 8 June 1977 (Protocol I);—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts of 8 June 1977 (Protocol II);—the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and its three Protocols;—The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict”.


1996 ◽  
Vol 36 (310) ◽  
pp. 36-42

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.


1996 ◽  
Vol 36 (311) ◽  
pp. 230-237
Author(s):  
Hans-Peter Gasser

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.


1994 ◽  
Vol 34 (302) ◽  
pp. 464-469
Author(s):  
María Teresa Dutli

The importance of adopting national measures to implement international humanitarian law has been stressed on many occasions. It was repeated in the Final Declaration of the International Conference for the Protection of War Victims (Geneva, 30 August–1 September 1993), which reaffirmed the obligation laid down in Article 1 common to the four Geneva Conventions to respect and ensure respect for international humanitarian law in order to protect the victims of war. The Declaration urged all States to make every effort to “adopt and implement, at the national level, all appropriate regulations, laws and measures to ensure respect for international humanitarian law applicable in the event of armed conflict and to punish violations thereof”. The Conference thus reasserted the need to bring about more effective compliance with that law.


Author(s):  
L. C. Green

The second session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable to Armed Conflicts met in Geneva from February 3 until April 18, 1975. The purpose of this session of the Conference was the adoption — or perhaps more correctly the successful drafting — of two Protocols to be added to the Geneva Red Cross Conventions of 1949, in order to protect further the victims of international and non-international conflicts respectively; it was also to consider proposals directed to the humanization of methods of warfare, including the prohibition or restriction of conventional weapons considered to be purely indiscriminate or likely to cause an amount of suffering disproportionate to the purpose of the armed conflict.


1992 ◽  
Vol 32 (287) ◽  
pp. 121-142 ◽  
Author(s):  
Hans-Peter Gasser

Article 75 of Protocol I additional to the Geneva Conventions lays down with admirable clarity and concision thateven in time of war, or rather especially in time of war, justice must be dispassionate. How does international humanitarian lawpromote this end? What can theInternational Committee of the Red Cross, an independent humanitarian institution, do in the harsh reality of an armed conflict towards maintaining respect for the fundamental judicial guarantees protecting persons accused of crimes, some of them particularly abhorrent?This article will first consider the Geneva Conventions and their Additional Protocols in relation to judicial procedure in time of armed conflicts. Thereafter it will examine the legal bases legitimizing international scrutiny of penal proceedings instituted against persons protected by humanitarian law. The next and principal part of the article will indicate how ICRC delegates appointed to monitor trials as observers do their job. In conclusion the article will try to evaluate this little-known aspect of the ICRC's work of protection.


2005 ◽  
Vol 6 (9) ◽  
pp. 1217-1242 ◽  
Author(s):  
Malcolm MacLaren ◽  
Felix Schwendimann

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.


1994 ◽  
Vol 34 (302) ◽  
pp. 414-424

In its “Final Declaration” adopted on 1 September 1993, the International Conference for the Protection of War Victims (Geneva, 30 August to 1 September 1993) conferred upon an intergovernmental group of experts to be convened by the Swiss Government the mandate to study “practical means of promoting full respect for and compliance with [international humanitarian] law, and to prepare a report for submission to the States and to the next session of the International Conference of the Red Cross and Red Crescent”.


2012 ◽  
Vol 94 (887) ◽  
pp. 1125-1134 ◽  

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.


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