scholarly journals Tutti Fratelli? Perspectives and Challenges for International Humanitarian Law

2010 ◽  
Vol 41 (2) ◽  
pp. 123
Author(s):  
Kenneth J Keith

This article is based on addresses given in The Hague, Wellington and Auckland in 2009 to mark the 150th anniversary of the beginnings of the International Red Cross and Red Crescent Movement. Out of a dreadful day of war, the Battle of Solferino, was born a great humanitarian institution which later became the International Committee of the Red Cross. The author discusses seven matters from the early years of the organisation: first was the importance of simple humanity; second was the principle of non-discrimination; third was a positive obligation to collect and care for the wounded and sick; fourth was about the rights and responsibilities of the individuals involved in warfare; fifth was the importance of getting peace agreements before hostilities began; sixth was establishing of national societies for the relief for the wounded before the same; and finally, the law was inherently humanitarian in nature. The author then discusses the implementation of international humanitarian law, arguing for two main methods: education and training programmes, and compliance through negotiation with governments. The author stresses the importance of adhering to laws during times of warfare by emphasising the values on which the law is based. 

1991 ◽  
Vol 31 (285) ◽  
pp. 610-611

At the invitation of the International Committee of the Red Cross, plenipotentiary representatives of the Yugoslav Federal Executive Council, the Republic of Croatia, the Republic of Serbia and the Federal Army met in Geneva on 26 and 27 November 1991 to find solutions to the various matters of humanitarian concern arising from the conflict in Yugoslavia. The meeting gave substance to the declaration of respect for international humanitarian law made by the Presidents of the six Republics in The Hague on 5 November.


1971 ◽  
Vol 11 (121) ◽  
pp. 193-206

On 1 March 1971, the Conference of Red Cross experts on the reaffirmation and development of international humanitarian law applicable in armed conflict opened at the Peace Palace in The Hague. The Conference, of which the significance was explained in our March issue, and which continued until 6 March, was convened by the International Committee of the Red Cross and organized with the valuable co-operation of the Netherlands Red Cross Society. Sixty-nine delegates, representing 34 National Red Cross and Red Crescent Societies, participated in the session.The opening meeting, under the Chairmanship of the Jonkheer Kraijenhoff, President of the Netherlands Red Cross Society, took place in the main hall of the International Court of Justice, in the presence of H.E. Mr. C. H. F. Polak, Minister of Justice, Mr. V. G. M. Marijnen, Burgomaster of The Hague, Mr. Marcel A. Naville, President of the ICRC, Mr. Marc Schreiber, Director of the U.N. Human Rights Division, Mr. Nedim Abut, Under Secretary-General of the League of Red Cross Societies, and many diplomatic representativesA number of speakers took the floor. Mr. Marijnen bade the participants welcome; Mr. Schreiber presented the greetings and good wishes of the United Nations Secretary-General, underlining the excellent co-operation between the United Nations and the ICRC. The Presidents of the Netherlands Red Cross and of the ICRC each delivered an address, the main passages of which we reproduce below, not omitting to mention that Mr. Naville expressed the Geneva institution's gratitude to the Netherlands Red Cross which played a determining role in the organizing of the Conference.


2020 ◽  
Vol 11 (1) ◽  
pp. 36-67
Author(s):  
Cédric Cotter ◽  
Ellen Policinski

The International Review of the Red Cross, an academic journal produced by the International Committee of the Red Cross (icrc) and published by Cambridge University Press, traces its origins back more than 150 years. Throughout its existence, the publication has featured international humanitarian law (ihl) prominently. Because of this, it is possible to trace how the icrc was communicating publicly about ihl since 1869, allowing researchers to draw conclusions about how that body of law has evolved. In this article, the authors divide the history of the Review into five time periods, looking at trends over time as ihl was established as a body of law, was expanded to address trends in the ways war was waged, was disseminated and promoted to the international community, and how it is interpreted in light of current conflicts. Based on the way the law has been represented in the Review, the authors draw conclusions about the evolution of the law itself over time, and lessons this may provide for those who seek to influence the future development of the law regulating armed conflict.


1971 ◽  
Vol 11 (121) ◽  
pp. 207-215

On the occasion of the Conference of Red Cross Experts on the reaffirmation and development of international humanitarian law applicable in armed conflicts, held at The Hague, Mr. Marcel A. Naville, President of the International Committee, accompanied by Mr. R. Gallopin, member of the ICRC, and Mr. A. van Emden, Director-General of the Netherlands Red Cross, called on 3 March 1971 upon Mr. P. J. S. de Jong, Prime Minister of the Netherlands Government.


The ICRC Library is home to unique collections retracing the parallel development of humanitarian action and law during the past 150+ years. With the core of these collections now digitized, this reference library on international humanitarian law (IHL) and the International Committee of the Red Cross (ICRC) is a resource available to all, anytime, anywhere.


2020 ◽  
Vol 18 (3) ◽  
pp. 567-597
Author(s):  
Hannes Jöbstl

Abstract During non-international armed conflict, war crimes often go unpunished in areas where state authorities are unable to enforce the law. While states are under a customary law obligation to investigate and prosecute war crimes committed on their territory or by their nationals, the Customary International Humanitarian Law Study of the International Committee of the Red Cross has not found that this obligation extends to armed non-state actors (ANSAs). Nevertheless, command responsibility requires the individual commander to punish their forces in case war crimes have been committed and a growing amount of state practice demanding similar commitments — both legally and politically — from these actors as such can be observed over the past two decades. Indeed, ANSAs routinely impose penal sanctions onto their subordinates and often establish judicial structures in order to do so. This article argues that whereas ANSAs should be under some form of obligation to ensure accountability, alternative solutions to makeshift courts and penal proceedings might be better suited to prevent impunity and maintain fair trial guarantees.


Author(s):  
Fernanda García Pinto

Abstract The International Committee of the Red Cross and the International Criminal Court are two very different entities that simultaneously apply international humanitarian law but do so after their own perspectives. This article proposes a cautious yet critical approach to some of their divergent interpretations (conflict classification, the difference between direct and active participation in hostilities, intra-party sexual and gender-based violence, and the notion of attack) and examines how the broader legal system copes with these points of divergence. The analysis considers the institutional characteristics of these two organizations and the pluralistic nature of international humanitarian law as well as its dynamic rapport with international criminal law in order to highlight the versatility needed to face the challenges posed by contemporary armed conflicts.


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