Methodology of regulation of new types of weapons by means of international humanitarian law: emergence and development

Humanitarian Law ◽

International Treaties ◽

Geneva Conventions ◽

New Type ◽

Definition Of ◽

Weapons Systems

The purpose of the article is to identify the methodology, used in international humanitarian law for the regulation of new types of weapons. Under the settlement of the objectives of the article, regulation is understood as the establishment of permits, prohibitions and restrictions on the use of this type of weapon in accordance with the basic principles of international humanitarian law. The article is methodologically based on the works of foreign and Ukrainian researchers, devoted to the problems of the settlement of new weapons systems in international humanitarian law. The empirical basis of the article was formed by international treaties in the field of international humanitarian law and codified customs of this industry, as reflected in the codifications, developed by the International Committee of the Red Cross. The article establishes that in international humanitarian law there is an obligation for states to assess the compliance of new weapons systems with international humanitarian law. At the same time, this norm has two disadvantages. First, it is too abstract, which allows states to avoid the obligation to assess each time with reference to the fact that a certain type of weapon does not fall under the definition of a new type of weapon. Secondly, international humanitarian law does not contain specific mechanisms to hold violating states accountable. It is concluded, that it is necessary to revise the current international legal regulation of the obligation to assess new weapons systems in the direction of its concretization and strengthening of responsibility for non-compliance. Corresponding changes can be made to the Additional Protocol to the Geneva Conventions of 1977, or introduced by adopting a separate protocol.

Who Guards the Guardians: Third Parties and the Law of Armed Conflict

The American Journal of International Law ◽

10.2307/2200562 ◽

1976 ◽

Vol 70 (1) ◽

pp. 41-61 ◽

Cited By ~ 11

Author(s):

David P. Forsythe

Keyword(s):

Armed Conflict ◽

International Committee ◽

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

Geneva Conventions ◽

Law Of Armed Conflict ◽

Medical Transport ◽

Definition Of

The Geneva Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law in Armed Conflicts continues its attempts to supplement the 1949 Geneva Conventions, and in so doing to make the bulk of jus in bello consonant with factual reality. The first session of the Conference in 1974 provisionally adopted one highly important article out of 137 presented to the Conference by the International Committee of the Red Cross (ICRC). The second session in 1975 provisionally adopted 77 articles pertaining to such important subjects as the definition of a noninternational armed conflict, the protection of civilians and civilian goods, medical transport, environmental protection, and protection of journalists.

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

The American Journal of International Law ◽

10.2307/2555303 ◽

2000 ◽

Vol 94 (2) ◽

pp. 406-412 ◽

Cited By ~ 20

Author(s):

Daphna Shraga

Keyword(s):

United Nations ◽

International Committee ◽

Red Cross ◽

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

Respect for fundamental judicial guarantees in time of armed conflict — The part played by ICRC delegates

10.1017/s0020860400070327 ◽

1992 ◽

Vol 32 (287) ◽

pp. 121-142 ◽

Cited By ~ 2

Author(s):

Hans-Peter Gasser

Keyword(s):

Armed Conflict ◽

Principal Part ◽

International Committee ◽

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

Geneva Conventions ◽

Judicial Procedure ◽

Harsh Reality

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.

International humanitarian law and the challenges of contemporary armed conflicts: Recommitting to protection in armed conflict on the 70th anniversary of the Geneva Conventions

10.1017/s1816383119000523 ◽

2019 ◽

Vol 101 (911) ◽

pp. 869-949

Keyword(s):

Armed Conflict ◽

International Committee ◽

Armed Conflicts ◽

70Th Anniversary ◽

Red Cross ◽

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.

Appeal by the International Committee of the Red Cross on the 20th anniversary of the adoption of the Additional Protocols of 1977

10.1017/s0020860400076762 ◽

1997 ◽

Vol 37 (320) ◽

pp. 471-472

Author(s):

Cornelio Sommaruga

Keyword(s):

International Committee ◽

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

National Liberation ◽

Geneva Conventions ◽

20Th Anniversary ◽

The Government ◽

Preparatory Work

Twenty years ago, on 11 June 1977, the plenipotentiaries of over a hundred States and several national liberation movements signed the Final Act of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. This Conference had been convened by the government of Switzerland, the depositary State of the Geneva Conventions. After four sessions held between 1973 and 1977, themselves preceded by several years of preparatory work, the Conference drew up two Protocols additional to the Geneva Conventions of 12 August 1949, relating to the protection of the victims of international armed conflicts (Protocol I) and of noninternational armed conflicts (Protocol II).

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

10.1017/s181638311600045x ◽

2015 ◽

Vol 97 (900) ◽

pp. 1209-1226 ◽

Cited By ~ 8

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 ◽

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.

The International Committee of the Red Cross and human rights

10.1017/s0020860400066353 ◽

1979 ◽

Vol 19 (208) ◽

pp. 3-14 ◽

Cited By ~ 34

Author(s):

Dietrich Schindler

Keyword(s):

Human Rights ◽

International Committee ◽

European Convention ◽

Red Cross ◽

Humanitarian Law ◽

25Th Anniversary ◽

150Th Anniversary ◽

Geneva Conventions ◽

The Relationship

The 150th anniversary of the birth of Henry Dunant, the 30th anniversary of the Universal Declaration of Human Rights and the 25th anniversary of the European Convention on Human Rights were all celebrated in 1978. Also in 1978, both the American Convention on Human Rights (1969) and the Protocols additional to the Geneva Conventions (1977) entered into force. The concurrence of these various notable events, all relating to human rights, constitutes an appropriate occasion for an analysis of the relationship which exists between international humanitarian law and human rights.

Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts

10.1017/s0020860400015801 ◽

1974 ◽

Vol 14 (156) ◽

pp. 117-129

Keyword(s):

United Nations ◽

International Committee ◽

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

Governmental Organizations ◽

Geneva Conventions ◽

Non Governmental Organizations ◽

Recent Developments

The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts opened in Geneva on 20 February 1974. This Conference was convened by the Swiss Government and is being attended by plenipotentiary representatives of 118 States Parties to the Geneva Conventions of 12 August 1949 and Members of the United Nations, as well as by many observers for intergovernmental and non-governmental organizations. The Conference will sit until 29 March to deal with two additional draft protocols to the Geneva Conventions, which the International Committee of the Red Cross has drawn up with a view to supplementing existing international humanitarian law in the light of recent developments in matters of war.

Conference of Red Cross Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts

10.1017/s0020860400024001 ◽

1972 ◽

Vol 12 (131) ◽

pp. 79-81

Author(s):

Marcel A. Naville

Keyword(s):

International Committee ◽

Armed Conflicts ◽

Red Cross ◽

Humanitarian Law ◽

Geneva Conventions

The International Committee of the Red Cross had the honour of providing you, by Circular 483 of September 1971, with a report on the work of the Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts which was held in Geneva from 24 May to 12 June 1971. The same Circular informed you of the second session of that Conference which would be open to all States expressly party to the 1949 Geneva Conventions, and that, in order to closely associate National Societies with this work, the International Committee had decided to invite representatives of those societies to attend as observers.

FALLUJAH BATTLES: VIOLATIONS OF THE INTERNATIONAL HUMANITARIAN LAW

UUM Journal of Legal Studies ◽

10.32890/uumjls.2.2011.4543 ◽

2011 ◽

Author(s):

Tareq Hamid ◽

Rohaida Nordin

Keyword(s):

Human Rights ◽

War Crimes ◽

International Committee ◽

Red Cross ◽

Humanitarian Law ◽

International Human Rights ◽

Geneva Conventions ◽

The Usa ◽

International Human

In April and November of 2004, the civilian population of Fallujah City experienced two extremely violent battles (“the Fallujah Battles”) initiated by the Coalition Forces (CF) in Iraq. Marked by the killing and displacement of hundreds of thousands of people in Fallujah City, the Fallujah Battles raise a number of issues related to international humanitarian law (IHL), as well as concerns regarding the legal institutions charged with the protection of international human rights. This article generally discusses the crime allegedly committed against civilians by the CF – which included the USA, UK and Iraqi forces – during the Fallujah Battles. The first part examines the principal IHL instruments considered in relation to acts that were committed during the Battles of Fallujah. The discussion then considers whether actions taken against civilians, civilian properties and medical units by the CF; and the prohibition of International Committee of Red Cross (ICRC) from carrying out its duties in wartime by the CF amount to violations of IHL. The second part considers whether the use of white phosphor constitutes a violation of contemporary IHL, particularly in relation to whether such weapons can be considered chemical weapons prohibited by IHL. Finally, this article discusses the potential legal mechanisms available to prosecute alleged perpetrators of war crimes in Fallujah. Keywords: Fallujah battles, international humanitarian law, Geneva Conventions, war crimes, protection of civilians