scholarly journals Foreword: Global and Regional Perspectives on International Humanitarian Law

2010 ◽  
Vol 41 (2) ◽  
pp. 107
Author(s):  
Alberto Costi

This article serves as a foreword to this special issue of the Victoria University of Wellington Law Review which brings together a number of global and regional perspectives on international law ('IHL') in commemoration of some of the most significant events marking the emergence and development of what is still a relatively recent yet dynamic branch of international law. The author provides a brief history of the international community and the contributions of Henry Dunant of the International Committee of the Red Cross. The article then provides a brief overview of the papers presented in this issue, noting that the papers reflect on various aspects of a body of law in constant evolution, as well as acknowledging the challenges associated with the implementation of IHL.  

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.


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.


2014 ◽  
Vol 96 (895-896) ◽  
pp. 817-857 ◽  
Author(s):  
Marion Harroff-Tavel

AbstractIn a globalizing world marked by geopolitical upheaval, unprecedented threats to human security, new forms of violence and technological revolutions, particularly in the area of information technology, it is no simple task to raise awareness of international humanitarian law (IHL) applicable to armed conflict and ensure that warring parties comply with this body of law. This article traces the history of the International Committee of the Red Cross's (ICRC) work in promoting IHL from 1864 to the present, juxtaposing this history with important events in international relations and with the organization's (sometimes traumatizing) experiences that ultimately gave rise to innovative programmes. The article summarizes lively debates that took place at the ICRC around such topics as the place of ethics in the promotion of IHL, respect for cultural diversity in the various methods used to promote this body of law, and how much attention should be devoted to youth – as well as the most effective way to do so. The author concludes by sharing her personal views on the best way to promote IHL in the future by drawing on the lessons of the past.


1995 ◽  
Vol 35 (307) ◽  
pp. 426-426
Author(s):  
The Review

In its recent issues the International Review of the Red Cross announced the publication of a work entitled Le Comité international de la Croix-Rouge et la protection des victimes de la guerre by François Bugnion, Deputy Director of the ICRC Department of Principles, Law and Relations with the International Red Cross and Red Crescent Movement.The book has already become the reference work par excellence on the International Committee of the Red Cross in that it analyses, in a combined historical and legal approach, the process whereby the international community came to entrust the Committee with tasks and areas of competence relating to the protection of war victims. It also highlights the interaction between the development of ICRC practice and that of international humanitarian law.


2018 ◽  
Vol 100 (907-909) ◽  
pp. 143-163
Author(s):  
Ismaël Raboud ◽  
Matthieu Niederhauser ◽  
Charlotte Mohr

AbstractThe International Committee of the Red Cross (ICRC) Library was first created at the initiative of the ICRC's co-founder and president, Gustave Moynier. By the end of the nineteenth century, it had become a specialized documentation centre with comprehensive collections on the International Red Cross and Red Crescent Movement, international humanitarian law (IHL) and relief to war victims, keeping track of the latest legal debates and technological innovations in the fields related to the ICRC's activities. The publications collected by the Library until the end of the First World War form a rich collection of almost 4,000 documents now known as the ancien fonds, the Library's Heritage Collection.Direct witness to the birth of an international humanitarian movement and of IHL, the Heritage Collection contains the era's most important publications related to the development of humanitarian action for war victims, from the first edition of Henry Dunant's groundbreaking Un souvenir de Solférino to the first mission reports of ICRC delegates and the handwritten minutes of the Diplomatic Conference that led to the adoption of the 1864 Geneva Convention. This article looks at the way this unique collection of documents retraces the history of the ICRC during its first decades of existence and documents its original preoccupations and operations, highlighting the most noteworthy items of the Collection along the way.


1999 ◽  
Vol 4 (3) ◽  
pp. 503-527 ◽  
Author(s):  
◽  

AbstractAs a result of its unique status, the International Committee of the Red Cross (ICRC) has been closely involved in the negotiations of humanitarian law treaties. Two of the most recent negotiations – the ban on anti-personnel landmines and the establishment of an International Criminal Court – are presented as case studies. They provide a good indication of the varied and dynamic functions played by the ICRC in the development of international law. This role is complementary to the ICRC's field activities in the world's ``hot spots'', which provide valuable insights into the real problems that war victims face in their daily lives.


Author(s):  
Abker Ali Abdul Majid Ahmed - Ahmed Hammad Abd Allah Abdel R

The international humanitarian law is mere a fruits for a set of ethics and moral values that call for peaceful solutions and rejecting wars between estates. This international law, aimed at restricting power using in armed conflicts for two reasons: The first one is reducing the violence effects that exceed the allowed limits on combatants, while the second is avoiding harming those who have no hand in conflicts. The topic has been discussed in three chapters, the first tackled the understanding of the international humanitarian law, acknowledging it, explaining its nature and its contents as basic settled principals in the Islamic sharia though not mentioned namely. We have produced from Arabic and Islamic history models telling the extent to which the international humanitarian law relied on Islamic sharia. In the second chapter, we explained the duties and the principals of the Red Cross international committee, since it's responsible for guarding, developing and disseminating the principals of the international humanitarian law. We have concluded that the conceptions of international humanitarian law are well settled in the Islamic sharia as general principals though not adopting the same terminologies. We also found that the ends and principals of the Islamic sharia have sowed the seeds of what is known in the contemporary era, as Humanitarian International law. We can see that in words of the prophet may Allah peace and blessings be upon him, and in the implications of the companions, may Allah bless them, and the views of jurists regarding to the matter of war, the management of Jihad and directing soldiers.   


Author(s):  
Claude C. Emanuelli

SummaryThis comment takes a critical look at the method used by the International Committee of the Red Cross (ICRC) in its study of customary humanitarian law. It argues that the ICRC study reduces the concept of international custom to its definition under Article 38 of the Statute of the International Court of Justice. It also argues that the study overlooks some of the problems raised by the application of Article 38. It contends that the positions taken by the ICRC to identify customary rules of humanitarian law are somewhat ambiguous and even slanted. Finally, this comment suggests that, beyond questioning the ICRC study, it is the role of custom as a source of international law that is in question.


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.


2018 ◽  
Vol 100 (907-909) ◽  
pp. 23-36

The International Review of the Red Cross has gone through many evolutions since it was first published in October 1869. All told, it has had sixteen editors-in-chief from diverse professional backgrounds, as well as many managing editors, thematic editors, editorial assistants and others, all working to support the production, promotion and distribution of the journal. It is now the oldest publication devoted to international humanitarian law (IHL), policy and action. Its collection represents a precious resource on the history of the International Committee of the Red Cross (ICRC) and the International Red Cross and Red Crescent Movement (the Movement), and on the development of humanitarian law and action at large. The Review continues to contribute significantly to these fields, so it is worthwhile to look back at the journal's role in the past to see how it has evolved and reflect on where it is now, and where it may go in the future.


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