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.

The Humanization of Humanitarian Law

2000 ◽  
Vol 94 (2) ◽  
pp. 239-278 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
Hague Convention ◽  
International Humanitarian Law ◽  
Land Mines ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The Subject ◽  
The Hague ◽  
The Hague Convention ◽  
The Impact

The centennial of the Hague Convention (No. II; No. IV in the 1907 version) on the Laws and Customs of War on Land and the fiftieth anniversary of the four Geneva Conventions for the Protection of Victims of War of August 12, 1949, present an opportunity to reflect on the direction in which the law of war, or international humanitarian law, has been evolving. This essay focuses on the humanization of that law, a process driven to a large extent by human rights and the principles of humanity. As the subject is vast, major issues must inevitably be left out of my discussion, including the impact of the prohibitions on unnecessary suffering and indiscriminate warfare on the regulation of weapons, the proscription of antipersonnel land mines and blinding laser weapons, and the progression of international humanitarian law from largely protecting noncombatants to protecting combatants as well.

scholarly journals Bodies against War: Voluntary Human Shielding as a Practice of Resistance

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 299-304 ◽  
Author(s):  
Banu Bargu
Keyword(s):  
Rome Statute ◽  
Hague Convention ◽  
Criminal Court ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Asymmetric Conflict ◽  
Geneva Conventions ◽  
The Hague ◽  
The Hague Convention

International humanitarian law strictly prohibits the use of human shields and, through a well-known genealogy of supranational efforts that passes through the Hague Convention IV (1907), the Geneva Conventions III and IV (1949), the Additional Protocol I (1977), and, more recently, the Rome Statute of the International Criminal Court (1998), has sought to prevent this practice. However, both states and nonstate belligerents have deployed human shields in order to gain military advantages—to ward off attacks by placing civilians close to military targets or hiding military targets within areas inhabited by civilians. This is especially the case in asymmetric conflict, where the weaker party can use human shields to protect fighters, weapons, strategic sites, and critical infrastructures, and to delay, deter, and even discourage attackers from direct engagement that might lead to a high number of civilian casualties. On the other hand, the attacking party can allege that the “other” party is using civilians as human shields. Even in the absence of actual evidence, such an allegation has come to constitute a convenient excuse for attackers to justify civilian casualties and to relegate the responsibility for their deaths to the party that endangered them in the first place. In asymmetric conflict, therefore, parties are incentivized to resort to a politics of human shielding.

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.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

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.

scholarly journals The updated Commentary on the First Geneva Convention – a new tool for generating respect for international humanitarian law

2015 ◽  
Vol 97 (900) ◽  
pp. 1209-1226 ◽  
Author(s):  
Lindsey Cameron ◽  
Bruno Demeyere ◽  
Jean-Marie Henckaerts ◽  
Eve La Haye ◽  
Heike Niebergall-Lackner
Keyword(s):  
Geneva Convention ◽  
Armed Forces ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Major Reference

AbstractSince their publication in 1950s and 1980s, respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides an overview of the methodology and process of the update and summarizes the main evolutions in the interpretation of the treaty norms reflected in the updated Commentary.

scholarly journals Jurisdiction and Combatant’s Privilege in the MH17 Trial: Treading the Line Between Domestic and International Criminal Justice

2021 ◽  
Author(s):  
Lachezar Yanev
Keyword(s):  
International Law ◽  
International Criminal ◽  
Armed Forces ◽  
War Crimes ◽  
Criminal Code ◽  
District Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Questions ◽  
The Hague

AbstractThis article focuses on the MH17 Trial that is currently underway in the Netherlands, dealing with the shooting down of a civilian aircraft over Eastern Ukraine and the resulting deaths of all 298 persons on board. Two legal questions arising from the prosecutorial strategy to charge the four accused with ‘ordinary’ crimes under the Dutch Criminal Code—instead of with war crimes—are studied here. First, the jurisdictional basis on which the District Court of The Hague is trying MH17, and its effect on the applicable laws, is examined. It is argued that, contrary to what the Prosecution has submitted, jurisdiction over the killing of the 93 non-Dutch nationals on board of flight MH17 can only be established on the basis of the less known title of delegated (representative) jurisdiction: a conclusion that also brings certain legal requirements. Second, this paper analyzes the way the MH17 Prosecutor defined the notion of ‘combatant’s privilege’ under international humanitarian law and his arguments for rejecting a combatant status for the separatist armed forces that shot down flight MH17 over Eastern Ukraine. All this analysis is then used to explain why it was indeed more sensible for the Prosecution to charge the four accused with murder and intentionally causing an aircraft to crash under Dutch criminal law, than with war crimes under international law.

scholarly journals THE IMPLEMENTATION OF ARTICLE 47 GENEVA CONVENTION I TO THE MILITARY (AN OVERVIEW OF CHALLENGES WITHIN THE INDONESIAN ARMED FORCES)

2017 ◽  
Vol 1 (1) ◽  
pp. 19-35
Author(s):  
Fadillah Agus
Keyword(s):  
Geneva Convention ◽  
Military Training ◽  
Armed Forces ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Military Justice ◽  
The Future ◽  
Enforcement Mechanisms ◽  
The Military

Abstract The preferable implementation of article 47 of the First Geneva Convention 1949 is conducting activities in the format of military training and exercises rather than seminars. The contents, methodology as well as the instructor should be in accordance with military operations that will be encountered by the soldiers. “do what you have trained and train what you will do”. The implementation of article 47 GC I is related to article 82 and 87 AP I. Furthermore, within Tentara Nasional Indonesia (TNI) it is related with the formation of “the professional soldier” as enshrined in Article 2 section (4) of the Law No. 34 of 2004 of TNI. In addition to the increased awareness, some additional achievements related to operational and training aspects were also achieved in the period of 1998 – 2015. These include the issuance of Technical Guidance on the Implementation of international humanitarian law and human rights into the Training, the three standing ROEs and the TNI Commander decree on Prohibition of Torture. These all doctrinal impact are resulting from the dissemination program that may have influence on the betterment of the TNI operations in the future. However, some further improvements are required, among others, to improve the skills of the concerned officers to draft appropriate ROEs and to complement the legal unit with an operational law / international humanitarian law section. Moreover, the challenge for Indonesia in the future is to improve its enforcement mechanisms i.e. to enhance the military justice system to be more reliable and independent in line with the spirit of article 49 GC I. Keywords: international humanitarian law, armed conflict, military academy, dissemination program, laws of war.   Abstrak Pelaksanaan Pasal 47 dalam Konvensi Genewa Pertama 1949 adalah melaksanakan aktivitas dalam format aktivitas pelatihan dan militer dibandingkan dengan melakukan seminar. Isi dari pelatihan, metodologi dan instruktur harus sesuai dengan operasi militer yang dihadapi oleh seorang prajurit, “lakukanlah apa yang telah dilatihkan kepadamu dan latihlahlah apa yang akan kamu lakukan”. Pelaksanaan pasal 47 Konvensi Genewa Pertama 1949 berkaitan dengan Pasal 82 dan 87 dari Konvensi yang sama. Lebih lanjut lagi, dalam Tentara Nasional Indonesia (TNI), berkaitan dengan pembentukan “prajurit profesional” seperti yang disampaikan dalam Pasal 2 ayat (4) Undang-undang No. 34 tahun 2004 mengenai TNI. Dalam rangka untuk meningkatkan kewaspadaan, beberapa capaian tambahan berkenaan dengan aspek operasional dan pelatihan juga dicapai dalam periode 1998-2015. Hal ini termasuk mengeluarkan Panduan Teknis mengenai Implementasi Hukum Humaniter Internasional dan HAM dalam pelatihan, dan tiga pilar ROEs dan keputusan Panglima TNI tentang Larangan Penyiksaan. Semua doktrin ini lahir dari dampak diseminasi dalam program pelatihan untuk melahirkan prajurit TNI yang lebih baik dimasa yang akan datang. Meskipun demikian, sejumlah peningkatan terhadap pengetahuan mengenai hukum humaniter telah tumbuh dikalangan prajutit TNI. Tantangan selanjutnya adalah mendorong peningkatan mekanisme pentaatan, misalnya mendorong sistem pengadilan militer untuk lebih indeoenden dan dapat diandalkan sejalan dengan semangat Pasal 49 Konvensi Genewa Pertama 1949. Kata kunci: hukum humaniter, konflik bersenjata, akademi militer, program diseminasi, hukum perang.

Individual Status under International Humanitarian Law

2019 ◽  
pp. 102-130
Author(s):  
Shane Darcy
Keyword(s):  
Geneva Convention ◽  
Armed Forces ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Prisoner Of War ◽  
Direct Participation ◽  
Occupied Territory

Chapter 3 examines issues regarding status, beginning with civilian informers as spies, before turning to those that might join or fight alongside an enemy’s armed forces or provide other forms of assistance, such as interpreters. The chapter considers the issue of direct participation in hostilities as well as the concept of protected persons under the Fourth Geneva Convention, the nationality requirement of which may preclude the treaty’s full application to local civilian informers working for an occupying power in occupied territory. The chapter finally examines the question of prisoner of war status for members of the armed forces who may have cooperated with an adversary, including by joining the forces of the other side.

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