Road to Nowhere? The Future for a Declaration on Fundamental Standards of Humanity

2012 ◽  
Vol 3 (1) ◽  
pp. 43-72 ◽  
Author(s):  
Emily Crawford
Keyword(s):  
United Nations ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Grey Zone ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Geneva Conventions ◽  
The United Nations ◽  
Current Terminology

In the years following the adoption of the Additional Protocols to the Geneva Conventions in 1977, debate emerged regarding the extant lacunae in the international rules relating to armed conflict. It was argued that there were gaps in international humanitarian law (IHL) and international human rights law with regards to so-called ‘grey-zone conflicts’ – armed conflicts that did not reach the minimum threshold of either Protocol II or Common Article 3. Therefore, it was proposed that a declaration outlining the minimum humanitarian standards applicable in all situations of violence and conflict be adopted. By 1990, this debate had crystallised around the Turku Declaration on Minimum Humanitarian Standards. However, progress on the declaration quickly stalled once discussion was moved to the United Nations. Since 1995, there have been nine reports by the Secretary-General on the question of fundamental standards of humanity to use the current terminology. Over the years, the scope and content the fundamental standards of humanity has become clearer, yet the adoption of a document on these fundamental standards is no more imminent than when the issue first moved to the United Nations. This article will therefore examine why and how this apparently vital piece of international policy has stalled.

Prisoners Dilemma: Ascertaining and Augmenting the Multinational NIAC Detention Regime

2017 ◽  
Vol 20 (1) ◽  
pp. 436-458 ◽  
Author(s):  
Yateesh Begoore
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Treatment Standards ◽  
International Human Rights ◽  
Geneva Conventions ◽  
Prisoners Dilemma ◽  
Comprehensive Framework

While International Humanitarian Law (IHL) contains a comprehensive framework of rules and procedural protections for detainees in international armed conflicts (IACS), there is a conspicuous absence of such rules and protections for detainees in the case of non-international armed conflicts (NIACS). In fact, as the recent Serdar Mohammad v. Ministry of Defence case pointed out, the rules pertaining to NIACS make no mention of detention authority at all, leading some scholars to conclude that International Human Rights Law (IHRL), and not IHL, governs NIAC detention. Contrarily, this paper contends that not only does IHL govern (as well as grant authority for) NIAC detentions, the regime’s shortcomings regarding procedural safe-guards and treatment standards may be remedied through the application of the Copenhagen Process Principles – as evolutive interpretation or interpretation based on subsequent agreement – to Common Art. 3 of the Geneva Conventions.

scholarly journals Use of Deadly Force by Peacekeepers When Carrying out Law Enforcement Operations

2018 ◽  
Vol 112 ◽  
pp. 111-114
Author(s):  
Siobhán Wills
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
Armed Conflict ◽  
Use Of Force ◽  
Deadly Force ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
The United Nations

In this Article, I argue that there is inconsistency and confusion at the heart of UN policy on use of deadly force by peacekeepers and that this lack of clarity has resulted in deaths and injuries to people that pose no threat to UN forces or anybody else and have not engaged in any violent activities or indeed in any type of crime. Such deaths and injuries are likely to recur if the United Nations continues to use the same rules of engagement for law enforcement operations as it does for operations aimed at curtailing violence by parties to an armed conflict. The problem would be greatly mitigated if the United Nations were to formally commit to applying customary international human rights law standards on use of force in all circumstances except those to which international humanitarian law applies.

Some Aspects of Prisoner-of-war Status According to the Geneva Protocol I of 1977

1985 ◽  
Vol 20 (2-3) ◽  
pp. 243-281
Author(s):  
Nissim Bar-Yaacov
Keyword(s):  
United Nations ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Prisoner Of War ◽  
The Third ◽  
Geneva Conventions ◽  
The United Nations ◽  
First Session

The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, convened by the Swiss Federal Council, held four sessions in Geneva during the years 1974–1977. On 8 June 1977, the Conference adopted by consensus two Protocols Additional to the Geneva Conventions of 12 August 1949, the first relating to the protection of victims of international armed conflicts (Protocol I), and the second relating to the protection of victims of noninternational armed conflicts (Protocol II).The states invited to the Conference were all the states Parties to the Geneva Conventions of 1949, and such states non-Parties as were members of the United Nations. 126 states were represented at the first session, 121— at the second, 106—at the third and 109—at the fourth.

Complementarity between the ICRC and the United Nations and international humanitarian law and international human rights law, 1948–1968

2012 ◽  
Vol 94 (888) ◽  
pp. 1433-1454 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Committee ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The United Nations

AbstractThis article shows that between the drafting of the Universal Declaration of Human Rights in 1948 and the Tehran conference in 1968, international human rights law and international humanitarian law and their respective guardian institutions, the United Nations (UN) and the International Committee of the Red Cross (ICRC), were not so conceptually far apart as is sometimes suggested. Its purpose is to give further legitimacy to the role of human rights law in armed conflict and show that cooperation between the UN and the ICRC has a long history.

Diplomatic Conference on the reaffirmation and development of international humanitarian law applicable in armed conflicts

1975 ◽  
Vol 15 (167) ◽  
pp. 86-87
Keyword(s):  
Nongovernmental Organizations ◽  
United Nations ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The World ◽  
The United Nations ◽  
Swiss Government

On 20 February 1974, the Diplomatic Conference convened by the Swiss Government opened in Geneva. It was attended by the plenipotentiaries of 118 States parties to the Geneva Conventions of 12 August 1949 and members of the United Nations, and by representatives of numerous international, intergovernmental and nongovernmental organizations. The Conference examined the two draft Protocols Additional to the Geneva Conventions which the ICRC had prepared with the assistance of experts from countries all over the world, for the purpose of supplementing international humanitarian law in view of the development of conflicts. Since armed conflicts, unhappily, break out from time to time and the forms and techniques of warfare develop, it has become necessary to adapt the Geneva Conventions to present-day circumstances.

Convocation of the Diplomatic Conference

1973 ◽  
Vol 13 (151) ◽  
pp. 516-518
Keyword(s):  
United Nations ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Member States ◽  
Geneva Conventions ◽  
The United Nations ◽  
War Victims

The Swiss Federal Council has invited all States parties to the Geneva Conventions of 12 August 1949 for the protection of war victims, and all member States of the United Nations to send representatives to the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, which it is convening to meet in Geneva from 20 February to 29 March 1974.

The application of humanitarian law by the armed forces of the United Nations Organization

1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Armed Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

International Humanitarian Law and Human Rights Law

1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Affairs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The United Nations

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

UN Peacekeeping Operations: Applicability of International Humanitarian Law and Responsibility for Operations-Related Damage

2000 ◽  
Vol 94 (2) ◽  
pp. 406-412 ◽  
Author(s):  
Daphna Shraga
Keyword(s):  
United Nations ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Peacekeeping Operations ◽  
Geneva Conventions ◽  
Un Peacekeeping ◽  
The United Nations ◽  
First Time

In the five decades that followed the Korea operation, where for the first time the United Nations commander agreed, at the request of the International Committee of the Red Cross (ICRC), to abide by the humanitarian provisions of the Geneva Conventions, few UN operations lent themselves to the applicability of international humanitarian law

Sign in / Sign up

Export Citation Format

Share Document