origin and development of international humanitarian law pdf

Origin And Development Of International Humanitarian Law Pdf

On Tuesday, December 22, 2020 11:22:39 AM

File Name: origin and development of international humanitarian law .zip
Size: 13738Kb
Published: 22.12.2020

International humanitarian law comprises a set of rules, established by treaty or custom, applicable in situations of armed conflict. As noted, it is inspired by considerations of humanity and the mitigation of human suffering. Although the origins of IHL can be traced to at least the nineteenth century, the principles and practices on which it is based are much older.

Sources of International Humanitarian Law

International humanitarian law IHL , also referred to as the laws of armed conflict , is the law that regulates the conduct of war jus in bello. The international humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It is designed to balance humanitarian concerns and military necessity , and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering.

Serious violations of international humanitarian law are called war crimes. International humanitarian law, jus in bello , regulates the conduct of forces when engaged in war or armed conflict.

It is distinct from jus ad bellum which regulates the conduct of engaging in war or armed conflict and includes crimes against peace and of war of aggression. Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties.

There are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also define both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories. International humanitarian law operates on a strict division between rules applicable in international armed conflict and internal armed conflict.

This dichotomy is widely criticized. This discussion forms part of a larger discussion on fragmentation of international law. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation i.

Democracies are likely to protect the rights of all individuals within their territorial jurisdiction. The two streams take their names from a number of international conferences which drew up treaties relating to war and conflict, in particular the Hague Conventions of and , and the Geneva Conventions, the first of which was drawn up in Both deal with jus in bello , which deals with the question of whether certain practices are acceptable during armed conflict.

The Law of The Hague, or the laws of war proper, "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm". Systematic attempts to limit the savagery of warfare only began to develop in the 19th century. Such concerns were able to build on the changing view of warfare by states influenced by the Age of Enlightenment. The purpose of warfare was to overcome the enemy state, which could be done by disabling the enemy combatants.

Thus, "the distinction between combatants and civilians, the requirement that wounded and captured enemy combatants must be treated humanely, and that quarter must be given, some of the pillars of modern humanitarian law, all follow from this principle".

The massacre of civilians in the midst of armed conflict has a long and dark history. Selected examples include. Fritz Munch sums up historical military practice before "The essential points seem to be these: In battle and in towns taken by force, combatants and non-combatants were killed and property was destroyed or looted.

Even in the midst of the carnage of history, however, there have been frequent expressions and invocation of humanitarian norms for the protection of the victims of armed conflicts: the wounded, the sick and the shipwrecked. These date back to ancient times. In the Old Testament, the King of Israel prevents the slaying of the captured, following the prophet Elisha's admonition to spare enemy prisoners.

In answer to a question from the King, Elisha said, "You shall not slay them. Would you slay those whom you have taken captive with your sword and with your bow? Set bread and water before them, that they may eat and drink and go to their master. In ancient India there are records the Laws of Manu , for example describing the types of weapons that should not be used: "When he fights with his foes in battle, let him not strike with weapons concealed in wood , nor with such as are barbed, poisoned, or the points of which are blazing with fire.

Nor one who sleeps, nor one who has lost his coat of mail, nor one who is naked, nor one who is disarmed, nor one who looks on without taking part in the fight. Islamic law states that " non-combatants who did not take part in fighting such as women, children, monks and hermits, the aged, blind, and insane" were not to be molested. Do not kill little children or old men or women. Do not cut off the heads of palm trees or burn them. Do not cut down fruit trees.

Do not slaughter livestock except for food. Islamic law did not spare all non-combatants, however. In the case of those who refused to convert to Islam, or to pay an alternative tax, Muslims "were allowed in principle to kill any one of them, combatants or noncombatants, provided they were not killed treacherously and with mutilation".

This treaty was signed under the conflict of Independence, being the first of its kind in the West. It was not until the second half of the 19th century, however, that a more systematic approach was initiated.

The Lieber Code included the humane treatment of civilian populations in the areas of conflict, and also forbade the execution of POWs. At the same time, the involvement during the Crimean War of a number of such individuals as Florence Nightingale and Henry Dunant , a Genevese businessman who had worked with wounded soldiers at the Battle of Solferino , led to more systematic efforts to prevent the suffering of war victims.

Dunant wrote a book, which he titled A Memory of Solferino , in which he described the horrors he had witnessed. His reports were so shocking that they led to the founding of the International Committee of the Red Cross ICRC in , and the convening of a conference in Geneva in , which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field.

The Law of Geneva is directly inspired by the principle of humanity. It relates to those who are not participating in the conflict, as well as to military personnel hors de combat.

It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the ICRC. The Geneva Conventions are the result of a process that developed in a number of stages between and It focused on the protection of civilians and those who can no longer fight in an armed conflict. As a result of World War II, all four conventions were revised, based on previous revisions and on some of the Hague Conventions, and readopted by the international community in Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars.

The first three Geneva Conventions were revised, expanded, and replaced, and the fourth one was added, in The Geneva Conventions of may be seen, therefore, as the result of a process which began in Today they have "achieved universal participation with parties".

This means that they apply to almost any international armed conflict. With the adoption of the Additional Protocols to the Geneva Conventions , the two strains of law began to converge, although provisions focusing on humanity could already be found in the Hague law i. The Additional Protocols, relating to the protection of victims in both international and internal conflict, not only incorporated aspects of both the Law of The Hague and the Law of Geneva, but also important human rights provisions.

Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross. It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In either case, the persons protected by the Red Cross or the white flag are expected to maintain neutrality, and may not engage in warlike acts themselves; engaging in war activities under a white flag or a red cross is itself a violation of the laws of war.

It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of a distinctive uniform or other easily identifiable badge, and the carrying of weapons openly.

Impersonating soldiers of the other side by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful perfidy , as is the taking of hostages. International humanitarian law now includes several treaties that outlaw specific weapons.

These conventions were created largely because these weapons cause deaths and injuries long after conflicts have ended. Unexploded land mines have caused up to 7, deaths a year; unexploded bombs, particularly from cluster bombs that scatter many small "bomblets", have also killed many. For these reasons, the following conventions have been adopted:. The ICRC is the only institution explicitly named under international humanitarian law as a controlling authority.

The International Committee of the Red Cross ICRC is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance.

During conflict, punishment for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal. Combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war , but only after facing a "competent tribunal". Spies and terrorists are only protected by the laws of war if the "power" which holds them is in a state of armed conflict or war, and until they are found to be an "unlawful combatant".

Depending on the circumstances, they may be subject to civilian law or a military tribunal for their acts. In practice, they have often have been subjected to torture and execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. After a conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law.

The Fourth Geneva Convention focuses on the civilian population. The two additional protocols adopted in extend and strengthen civilian protection in international AP I and non-international AP II armed conflict: for example, by introducing the prohibition of direct attacks against civilians. A "civilian" is defined as "any person not belonging to the armed forces", including non-nationals and refugees. Luis Moreno Ocampo, chief prosecutor of the international criminal court, wrote in "International humanitarian law and the Rome statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur.

A crime occurs if there is an intentional attack directed against civilians principle of distinction The provisions and principles of IHL which seek to protect civilians are: [39]. The principle of distinction protects civilian population and civilian objects from the effects of military operations. It requires parties to an armed conflict to distinguish at all times, and under all circumstances, between combatants and military objectives on the one hand, and civilians and civilian objects on the other; and only to target the former.

It also provides that civilians lose such protection should they take a direct part in hostilities. Necessity and proportionality are established principles in humanitarian law. Under IHL, a belligerent may apply only the amount and kind of force necessary to defeat the enemy. Further, attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated. The principle of humane treatment requires that civilians be treated humanely at all times.

Civilians are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs. The principle of non-discrimination is a core principle of IHL. Adverse distinction based on race, sex, nationality, religious belief or political opinion is prohibited in the treatment of prisoners of war, [48] civilians, [49] and persons hors de combat.

Women and children are granted preferential treatment, respect and protection. Women must be protected from rape and from any form of indecent assault.

Children under the age of eighteen must not be permitted to take part in hostilities. Protections should be provided "without any adverse distinction founded on sex". For example, with regard to female prisoners of war, women are required to receive treatment "as favourable as that granted to men".

The reality of women's and men's lived experiences of conflict has highlighted some of the gender limitations of IHL.

International Humanitarian Law

This article questions the conventional histories of international humanitarian law, which view international humanitarian law as the heir to a long continuum of codes of warfare. It demonstrates instead that the term international humanitarian law first appeared in the s, as the product of work done by various actors pursuing different ends. The new idea of an international humanitarian law was codified in the Additional Protocols to the Geneva Conventions. Nevertheless, many of the provisions of the Protocols remained vague and contested, and their status, together with the humanitarian vision of the law they outlined, was uncertain for some time. It was only at the end of the 20th century that international lawyers, following the lead of human rights organizations, declared Additional Protocol I to be authoritative and the law of war to be truly humanitarian.


Origin and development of. International Humanitarian Law. By. Dhupdale V. Y. “​IHL”, “Laws of Armed Conflicts”. (LOAC) or “Laws of War” all.


Overview of international humanitarian law

This article talks about the fundamental principles of International humanitarian law and its international conventions and contemporary developments. International humanitarian law is that branch of the law of nations that seeks to impose limits on the destruction and suffering caused by armed conflicts. It lays down the principle of Article 22 of the Hague Regulations.

International humanitarian law IHL , also referred to as the laws of armed conflict , is the law that regulates the conduct of war jus in bello. The international humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It is designed to balance humanitarian concerns and military necessity , and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering.

To browse Academia. Skip to main content. By using our site, you agree to our collection of information through the use of cookies.

International humanitarian law

Like every branch of law, in order to apply rules, those rules must have a source. For IHL then main sources are customary international law and treaty law such as the Geneva Conventions. The formal and informal regulation of armed conflict has existed for almost as long as armed conflict itself.

International humanitarian law

It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. The first Hague Conference in and the second Hague Conference in governed the legal framework and conduct of warfare. The Four Geneva Conventions of established protections for those not taking part in hostilities, such as civilians, aid workers, wounded soldiers, and prisoners of war. It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results. Hague Conventions The first Hague Conference in and the second Hague Conference in governed the legal framework and conduct of warfare.

The Geneva Conventions comprise four treaties , and three additional protocols , that establish the standards of international law for humanitarian treatment in war. The singular term Geneva Convention usually denotes the agreements of , negotiated in the aftermath of the Second World War — , which updated the terms of the two treaties, and added two new conventions. The Geneva Conventions extensively defined the basic rights of wartime prisoners civilians and military personnel , established protections for the wounded and sick, and established protections for the civilians in and around a war-zone. The treaties of were ratified, in whole or with reservations , by countries. The Geneva Conventions are about soldiers in war; they do not address the use of weapons of war, which are the subject of the Hague Conventions , [a] and the bio - chemical warfare Geneva Protocol.

How to publish with Brill. Fonts, Scripts and Unicode. Brill MyBook. Ordering from Brill. Author Newsletter. How to Manage your Online Holdings. Sales Managers and Sales Contacts.

Geneva Conventions

Related Content

Она взглянула на скоростное печатное устройство позади письменного стола шефа. В нем ничего не. - Сьюзан, - тихо сказал Стратмор, - с этим сначала будет трудно свыкнуться, но все же послушай меня хоть минутку.  - Он прикусил губу.  - Шифр, над которым работает ТРАНСТЕКСТ, уникален. Ни с чем подобным мы еще не сталкивались.

edition pdf english pdf

Subscribe

Subscribe Now To Get Daily Updates